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Decisions
Minchington and Television New Zealand Ltd - 1995-158
1995-158

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

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
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
Caddie and Channel Z Ltd - 1998-037, 1998-038
1998-037–038

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Ashton and Radio New Zealand Ltd - 2012-060
2012-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – item reported on “An Anglican Minister who has been suspended after he removed children from a youth camp… to protect them from a man he believed was a sexual predator” – allegedly in breach of controversial issues, fairness and accuracy standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not provide any details about corroborating evidence to support allegations – church was provided with a fair opportunity to comment but the item failed to adequately present the church’s response – church and Bishop treated unfairly – upheld Standard 5 (accuracy) – Authority not in a position to determine whether impression of alleged offending was misleading – matters more appropriately addressed as issues of fairness – not upheld Standard 4 (controversial issues) – item did not discuss a controversial issue of…...

Decisions
Green and Television New Zealand Ltd - 2007-068
2007-068

This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....

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
Long, Stanley and Singe and Television New Zealand Ltd - 1993-135, 1993-136, 1993-137
1993-135–137

Download a PDF of Decision No. 1993-135–137:Long, Stanley and Singe and Television New Zealand Ltd - 1993-135, 1993-136, 1993-137 PDF1. 87 MB...

Decisions
The Warehouse Ltd and Television New Zealand Ltd - 2004-019
2004-019

ComplaintOne News – item reported the issue of a safety advisory notice for an oil heater sold through the Warehouse – following item reported death of two girls in fire thought to have been caused by gas heater – complaint that items unbalanced, inaccurate and unfair Findings Standard 4 – each item balanced – not upheld Standard 5 – each item accurate – not upheld Standard 6 – juxtaposition of items created misleading impression – unfair – upheld No OrderThis headnote does not form part of the decision Summary [1] The issue of a safety advisory notice about the Brio Five Fin oil heater, sold through The Warehouse stores, was reported in an item broadcast on One News on 30 August 2003 beginning at 6. 00pm on TV One....

Decisions
Wang and TVWorks Ltd - 2011-133
2011-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

Decisions
Boyce and Television New Zealand Ltd - 2000-149, 2000-150
2000-149–150

ComplaintOne News, Tonight, Assignment – inaccurate, reports of new evidence about William Sutch trial FindingsStandard G14 – not inaccurate – no uphold Standard G19 – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Items on One News and Tonight, broadcast on 30 March 2000 at 6. 00pm and 10. 30pm respectively, examined what was described as new evidence relating to the 1975 trial of Dr William Sutch. The reports arose in the context of an Assignment programme, also broadcast that evening, in which the historic charges against Dr Sutch were reviewed. Simon Boyce complained that claims made in the two news bulletins were not substantiated in the Assignment programme, and that a still photograph shown in the news item was a misrepresentation of events. He also complained that the Assignment programme was inaccurate because it contained unsubstantiated allegations....

Decisions
Ministry of Health and CanWest TVWorks Ltd - 2007-012
2007-012

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 (CanWest) except for the purpose of orders....

Decisions
Osmose New Zealand and Television New Zealand Ltd - 2005-140
2005-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

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
X and HB Media Group Ltd - 1997-161, 1997-162
1997-161–162

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-161 Decision No: 1997-162 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mr X of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Rich MP and Hide MP and Radio New Zealand Ltd - 2003-110, 2003-111
2003-110–111

ComplaintMana News – item about funding of Mana Maori Media by Te Mangai Paho – commented on complainants’ questions in Parliament about funding – unbalanced, inaccurate, unfair – Principles 4, 6 and 7 – RNZ upheld the complaint as inaccurate and a breach of Principle 6 – made written apology – action taken insufficient – complainants seek broadcast of correction and apology FindingsAction taken insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Questions in Parliament from the complainants about the funding of Mana Maori Media Ltd by Te Mangai Paho were dealt with in an item on Mana News broadcast on National Radio between 5. 00–6. 00pm on Friday 2 May 2003. [2] Members of Parliament, Katherine Rich and Rodney Hide, complained to Radio New Zealand, the broadcaster, that the item was unbalanced, inaccurate and denigrated them....

Decisions
Edwards and Television New Zealand Ltd - 1993-082
1993-082

Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...

Decisions
Television New Zealand Ltd and TV3 Network Services Ltd - 1999-041, 1999-042
1999-041–042

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

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…...

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