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Decisions
Wellington City Council and Radio New Zealand Ltd - 2007-056
2007-056

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Decisions
Hager and Television New Zealand Ltd - 2004-148
2004-148

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about NZ Army engineers in Iraq – reference to an article written by the complainant and published in the “Sunday Star-Times” – item’s focus was engineers’ reaction to the article’s claims that their achievements had been exaggerated – complainant alleged that item unfairly represented article, and was inaccurate and unbalancedFindings Standard 4 (balance) – item’s focus was reporting reaction to the article’s claims of exaggerating the achievements of engineers and did not require further balance – not upheld Standard 5 (accuracy) – item inaccurately reported that newspaper article said that the engineers were exaggerating their achievements – not otherwise inaccurate – upheld Standard 6 (fairness) – article ambiguous in parts – unfair to complainant to misreport the exaggeration claims as being made by the engineers – not otherwise unfair – upheldNo OrderThis headnote does not form part of the decision.…...

Decisions
Lee and Television New Zealand Ltd - 2000-133, 2000-134
2000-133–134

ComplaintPrivate Investigators – filming of Graeme Lee – privacy – unauthorised filming and broadcast – highly offensive and objectionable – unfair Findings (1) Privacy – no uphold (2) Standard G4 – majority – uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. Hon Reverend Graeme Lee, a gospel minister and former Member of Parliament, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached his privacy. He also complained to TVNZ that the broadcast was unfair to him. The programme included footage of Mr Lee arriving for a prayer meeting at a house where a private investigator was in the process of recovering goods from its occupants....

Decisions
Wong-Tung and Radio New Zealand Ltd - 2015-048
2015-048

Summary [This summary does not form part of the decision. ] Morning Report covered a story on kauri swamp logs that were allegedly being illegally exported to China. It reported that the company Oravida was one of the ‘kauri wholesalers’ involved. RNZ upheld a complaint from Oravida’s director that the broadcast was unfair as comment was not sought from Oravida. RNZ had removed the audio and written pieces that referred to Oravida and its director from its website, and two days later in a subsequent broadcast briefly reported Oravida’s position that it had never been involved in illegal trading. The Authority upheld the complaint that the action taken by RNZ in upholding the fairness complaint was insufficient and that the broadcast was also inaccurate. The Authority did not make any order noting that a full correction and apology was broadcast after the referral of the matter to this Authority....

Decisions
Ministry of Education and Radio New Zealand Ltd - 2017-076 (18 April 2018)
2017-076

Summary[This summary does not form part of the decision. ]On 18 March 2017, RNZ reported on allegations made by the Board of Trustees at Salisbury School, a Nelson school for girls with complex learning needs, that the Ministry of Education (Ministry) had actively discouraged parents from enrolling children at the school so that it could be closed. On 31 March and 6 April 2017, RNZ broadcast a series of items about an alleged lack of funding, resources and support for Northland teachers struggling to cope with violent and disruptive children. The Authority upheld aspects of a complaint from the Ministry that RNZ’s coverage of these issues was unfair and unbalanced....

Decisions
Supreme Sikh Society, Kalgidhar Sports Club & Majinder Singh Bassi and Planet FM - 2018-040 (24 August 2018)
2018-040

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....

Decisions
Sanders and Radio 531 PI - 2002-176, 2002-177
2002-176–177

ComplaintRadio 531 PI Breakfast Show – interview about organisation of International Laugh Festival – complainant named and criticised as festival producer – breach of privacy – comments unfair and inaccurate – broadcasters acknowledged some comments as unfair – apology promised – action taken insufficient FindingsPrivacy – no private facts disclosed – expression of opinion only – no uphold Principle 5 – comments unfair – uphold Principle 6 – not a news or current affairs programme – no uphold Action taken Written apology tendered to complainant through Authority – sufficient This headnote does not form part of the decision. Summary [1] The International Laugh Festival was discussed on Radio 531 PI on the morning of 6 May 2002. A Pacific Island comedian, who was not included in the televised Gala part of the Festival, was interviewed....

Decisions
Gall and Television New Zealand Ltd - 2004-040
2004-040

ComplaintOne News – seabed and foreshore – Waitara hui – closing headline stated hui “disintegrated into conflict and name-calling” – allegedly inaccurate and misleading Findings Standard 5 – closing headline substantially misreported events – inaccurate and misleading – upheld Standard 6 – inaccuracy a question of scripting, not editing – Guideline 6a not applicable – closing headline unfair to organisers and participants – upheld OrderBroadcast of statementThis headnote does not form part of the decision Summary [1] A closing headline on One News broadcast on TV One on 23 September 2003 reported that the hui held that day in Waitara on the seabed and foreshore issue had “ disintegrated into conflict and name-calling. ” [2] David Gall complained to Television New Zealand Ltd, the broadcaster, that the closing headline was inaccurate and misleading, and not supported by what was reported in the main body of the news item....

Decisions
ECPAT New Zealand Inc and TV3 Network Services Ltd - 2002-031, 2002-032
2002-031–032

An appeal against this decision was dismissed in the High Court AP46/02 PDF1. 3 MBComplaint20/20 – "Paradise Lost" – item on child prostitution in Fiji – breach of children’s privacy – unfair depiction of child victim – discrimination on account of sex, race and ageFindingsPrivacy – privacy principle (i) – public disclosure of private facts about children – highly offensive and objectionable facts – no public interest defence under privacy principle (vi) – upholdStandard G4 – child sex abuse victim treated unfairly – upholdStandard G13 – high threshold – no upholdCross-referenceDecision No. 1999-125–137OrderBroadcast of statementCosts to complainant of $463. 50This headnote does not form part of the decision. Summary[1] "Paradise Lost", an item on 20/20, was broadcast on TV3 at 7. 30pm on 15 July 2001....

Decisions
Fisher and Television New Zealand Ltd - 2015-044 (1 March 2016)
2015-044

Summary[This summary does not form part of the decision. ]An item on ONE News covered the quarrying of a Dunedin landmark, Saddle Hill, and featured interviews with three people opposed to the quarrying. The reporter stated that quarry owner Calvin Fisher did not respond to his request for an interview, although an offer had been made to ‘replace the hill once the rock has been taken away’. TVNZ upheld Mr Fisher’s complaint, finding that insufficient attempts were made to contact Mr Fisher and the reporter unfairly represented that he was not willing to comment. TVNZ apologised in writing to Mr Fisher, removed the story from its website and discussed the upheld complaint with the reporter and management. However the Authority upheld Mr Fisher’s complaint that this action was insufficient to remedy the breach....

Decisions
Savoy Equities Ltd and Radio Pacific Ltd - 1999-196
1999-196

Summary Auckland’s controversial Britomart development was the subject of discussion on John Banks’ talkback programme on Radio Pacific broadcast on 30 July 1999 between 6. 30–7. 30am. Mr Banks, an opponent of the project, suggested that the developer, Mr Lu, should return to his home country in Asia. He said "we don’t want to pour our money down your loo Mr Lu. " Savoy Equities Ltd, on behalf of Mr Lu, complained to Radio Pacific Ltd, the broadcaster, that the comments made were personally abusive and insulting, and incited hostility towards Chinese and Singaporeans. It contended that the host’s remarks were aggravated by what it called his ignorance of the facts. Radio Pacific responded that Mr Lu had been offered the opportunity to respond on-air at the time, but had declined....

Decisions
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
Tomonaga and CanWest TVWorks Ltd - 2007-081
2007-081

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

Decisions
George and Television New Zealand Ltd - 2011-132
2011-132

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

Decisions
Three Complainants and MediaWorks TV Ltd - 2017-100 (18 April 2018)
2017-100

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

Decisions
Wallace and TV3 Network Services Ltd - 1999-068–1999-073
1999-068–073

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

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
Perry and Television New Zealand Ltd - 1990-015
1990-015

Download a PDF of Decision No. 1990-015:Perry and Television New Zealand Ltd - 1990-015 PDF1008. 74 KB...

Decisions
Horowhenua District Council and MediaWorks Radio Ltd - 2018-105 (29 July 2019)
2018-105

A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying....

Decisions
Hilless and Television New Zealand Ltd - 2020-028 (16 December 2020)
2020-028

The Authority has upheld a complaint that an item on Fair Go was unfair to the fencing contractor investigated. The Authority found that the fencing contractor was not treated fairly, due to the way he was set-up to be interviewed (under the guise of calling him to a job) and because he was not given a fair and reasonable opportunity to respond to the allegations made against him in the programme. The Authority also found that the inclusion of information about the contractor’s past which had a criminal element was unfair as it was not relevant to the issues being investigated in this item and contributed to an unfairly negative impression of him. The accuracy complaint was not upheld as the item did not mislead or present inaccurate information, and the balance standard did not apply as the item did not discuss a controversial issue of public importance....

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