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Tashkoff and Television New Zealand Ltd - 2009-095
2009-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Illegal New Zealand – episode looked at the illegal trading of guns in New Zealand – reporter used hidden camera to record footage at a gun show in Auckland – footage included conversation between the undercover reporter and complainant – complainant’s face not pixellated – allegedly in breach of privacy, controversial issues and fairness standards Findings Standard 6 (fairness) – unfairly presented complainant in a negative light – upheld Standard 3 (privacy) – complainant had no interest in solitude or seclusion – not upheld Standard 4 (controversial issues viewpoints) – programme did not discuss a controversial issue of public importance – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of Illegal New Zealand was broadcast on TV2 at 8pm on Thursday 9 July 2009....

Decisions
Hood and Television New Zealand Ltd - 2007-028
2007-028

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sex and Lies in Cambodia – documentary about New Zealand man jailed in Cambodia for the rape of five teenage girls – interviewed a Swiss man who was assisting with the case and who had been accused but acquitted of similar crimes – filmed man with a hidden camera – allegedly in breach of privacy and unfairFindings Standard 3 (privacy) and privacy principle 3 – broadcast of hidden camera footage in breach of privacy principle 3 – no public interest in the footage – upheldStandard 6 (fairness) – man treated unfairly by broadcast of hidden camera footage – upheldOrder Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $500 Section 16(4) – payment of costs to the Crown $5,000. 00 This headnote does not form part of the decision....

Decisions
RT and Television New Zealand Ltd - 2007-087
2007-087

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Decisions
Prime Minister (Rt Hon Helen Clark) and 4 Others and TV3 Network Services Ltd - 2003-077–081
2003-077–081

Complaint3 News Special – interviews with Nicky Hager and Prime Minister about issues raised in Hager’s book "Seeds of Distrust" – complaints that implication in interview that the book was factually correct was unbalanced and partial – some facts inaccurate – different interview styles unfair – Authority made the following findings: Standard 4 – issues were scientific and government accountability – science aspect – balanced – no uphold; government accountability – not balanced – uphold Standard 5 – scientific facts in dispute – unable to determine; approach to interview with Prime Minister in comparison with the interview with Mr Hager neither impartial nor objective – uphold; statement that Prime Minister declined her earlier offer to do another interview not inaccurate – no uphold Standard 6 – preparation of programme fair – no uphold; presentation of programme – unfair as Prime Minister not advised of source of allegations and the accuser was interviewed in…...

Decisions
Smith and TV3 Network Services Ltd - 2003-006
2003-006

Complaint 20/20 – "The Goons" – item about Christchurch Prison Emergency Response Unit – inaccurate, unfair and unbalanced FindingsStandards 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracies (i) did not "order" penis incident; (ii) not found guilty of 21 breaches of code of conduct – uphold on these 2 points – no other inaccuracies Standard 6 – complainant no opportunity to present views – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] "The Goons", an item on 20/20, was broadcast by TV3 at 7. 30pm on 9 June 2002. The item investigated the activities of the Christchurch Prison Emergency Response Unit (ERU), referred to by some as the "Goon Squad". [2] Doug Smith complained to TV3 Network Services Ltd, the broadcaster, that the item contained a number of inaccurate statements, and was unbalanced....

Decisions
Comalco (NZ) Ltd and Television New Zealand Ltd - 1994-014
1994-014

SummaryA Frontline programme broadcast on 12 September 1993 focused on the electricity pricingarrangements between Comalco (NZ) Ltd and ECNZ and raised questions about the ratescharged to domestic and large commercial consumers. Comalco (NZ) Ltd, through its solicitors, complained to Television New Zealand Ltd thatthe item lacked objectivity and left misleading and damaging impressions. In particular itobjected to the implication that Comalco's electricity was subsidised by domestic consumers,and to the suggestion that its recent pricing agreement with ECNZ was to be kept secret soas to avoid embarrassing the government in the pre-election period. Maintaining that an investigation of the pricing arrangements was in the public interest,TVNZ rejected all aspects of the complaint. It argued that the question about whether thearrangement was a subsidy or a discount was balanced by comment from Comalcoofficials and from energy analysts....

Decisions
Ngati Pukenga Iwi and Television New Zealand Ltd - 2003-109
2003-109

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

Decisions
Tannahill and The Radio Network Ltd - 2003-135
2003-135

ComplaintPaul Holmes Breakfast – Newstalk ZB – Inspector General of SIS described as “old duffer” and “old buffer” – unfair – apology to Inspector General the following morning – process described as travesty – unbalanced – unfair FindingsPrinciple 5 – complaint not upheld by broadcaster – comment questioned competence – uphold No OrderBroadcaster argued that action taken by host sufficient – Authority agrees – no order This headnote does not form part of the decision. Summary [1] The continuing detention of Algerian refugee Ahmed Zaoui was a topic dealt with in an editorial comment by the host on Paul Holmes Breakfast, broadcast on Newstalk ZB at about 7. 25am on 7 August 2003. Expressing his displeasure at the continuing detention, the host described the Inspector General of the SIS, among other things, as an “old gent”, “that old duffer” and “the old buffer”....

Decisions
Fraser and Television New Zealand Ltd - 2004-203
2004-203

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Decisions
Spring and The Radio Network Ltd - 2007-108
2007-108

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM – host discussed a television item that had contained an interview with Ray Spring – host made various statements about Mr Spring and told listeners where to find his home address in the White Pages – allegedly in breach of law and order, privacy, balance and fairness standards Findings Principle 3 (privacy) – item disclosed complainant’s name and effectively disclosed his address in a manner that was highly offensive – no legitimate public interest in the disclosure – upheld Principle 5 (fairness) – item breached standards of privacy which was also unfair – item encouraged listeners to harass the complainant – upheld Principle 2 (law and order) – item did not encourage listeners to break the law – the host’s comments were not sufficiently explicit to promote, condone or glamorise criminal activity – not upheld Principle 4 (balance) – item did not discuss a controversial…...

Decisions
Zohs and and CanWest TVWorks Ltd - 2004-112
2004-112

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Decisions
Daly and Television New Zealand Ltd - 2004-130
2004-130

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...

Decisions
Boyce and Television New Zealand Ltd - 2004-003
2004-003

ComplaintHolmes – item about eviction of tenants behind in payments – distressing situation – complaint that broadcaster failed to show discretion and sensitivity FindingsStandard 6 and Guidelines 6b and 6e – breach occurs when Standard contravened, not Guideline – Guideline 6f also relevant to decision on Standard 6 – tenants not dealt with fairly – uphold No Order This headnote does not form part of the Decision Summary [1] The eviction of tenants who had fallen behind in a rent-to-buy agreement was shown in an item broadcast on Holmes at 7. 00pm on 23 September 2003. The landlady explained that she had taken the action to protect her investment. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that it had not shown discretion and sensitivity in a distressing situation in which there was no apparent public interest....

Decisions
The Warehouse Group Ltd and CanWest TVWorks Ltd - 2004-202
2004-202

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

Decisions
Minister of Health (Hon Annette King) and Television New Zealand Ltd - 2004-156
2004-156

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News – item reported that Plunketline telephone service to be replaced by broader Healthline service – Minister of Health questioned on whether her support for Healthline was consistent with election pledge in 1999 to support Plunketline – allegedly unbalanced and interview edited unfairly Findings Standard 4 (balance) – item omitted Minister’s explanation for the change of her political point of view – unbalanced – upheld Standard 6 (fairness) – item omitted Minister’s comment on central issue – unfair – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The replacement of Plunketline, a telephone service for caregivers, with a broader Healthline telephone service was dealt with in an item broadcast on One News beginning at 6. 00pm on TV One on 7 July 2004....

Decisions
Ellis and Radio New Zealand Ltd - 2004-115
2004-115

An appeal against this decision was dismissed in the High Court: CIV 2004-485-2035 PDF1. 53 MBComplaint under s....

Decisions
Richardson and Television New Zealand Ltd - 2001-040, 2001-041
2001-040–041

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Decisions
Evans and The Radio Network Ltd - 2001-132
2001-132

ComplaintNewstalk ZB – talkback – topic – global warming – complainant tried to contribute – described as idiot – named as Brian – call terminated Findings Principle 3 – identity not revealed – no uphold Principle 4 – insufficient information – decline to determine Principle 5 – opportunity to terminate call without rudeness not taken – broadcaster irresponsible and abusive – uphold – no Order This headnote does not form part of the decision. Summary [1] Global warning was a topic discussed on talkback on Newstalk ZB, hosted by Leighton Smith, on the morning of 16 July 2001. At about 11. 12am, the complainant telephoned, gave his name as "Jim", and challenged the views advanced by a professor who had been interviewed, and who had disputed the global warming theory....

Decisions
Moore and Television New Zealand Ltd - 2004-009
2004-009

ComplaintGive It a Whirl – documentary – stories from rock'n'roll era in New Zealand – included comments about a 1960s music show C'mon – ‘apple incident' recalled and comments said to be inaccurate and unfair Findings Standard 5 – majority – evidence sufficient to conclude that incident did not occur – uphold – minority – anecdote not expected to be entirely accurate – no uphold Standard 6 – evidence sufficient to rule that complainant treated unfairly – uphold No Order This headnote does not form part of the decision Summary [1] Give It a Whirl was a documentary series about the rock'n'roll era in New Zealand. An episode broadcast on TV One at 8. 40pm on 2 June 2003 referred to C'mon – a televised national music show in the 1960s....

Decisions
Turley and Television New Zealand Ltd - 2002-155, 2002-156
2002-155–156

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....