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O'Neill and TVWorks Ltd - 2009-042
2009-042

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Decisions
Panasiuk and Television New Zealand Ltd - 2005-060
2005-060

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – presenter removed a cat from a microwave oven and said “probably need a couple more minutes, don’t you? ” – placed the cat back in the microwave – allegedly in breach of good taste and decency and inconsistent with the maintenance of law and orderFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – not inconsistent with the maintenance of law and order – not upheldThis headnote does not form part of the decision. Broadcast [1] At the conclusion of an episode of Eating Media Lunch at around 10. 30pm on TV2 on 19 April 2005, the presenter was seen to remove a cat from a microwave oven. He held the cat up to his face and said “probably need a couple more minutes, don’t you?...

Decisions
Ross and CanWest TVWorks Ltd - 2005-035
2005-035

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sports Tonight – reporter interviewing supermarket staff and patrons – ate a lolly from one of the bulk bins – allegedly in breach of law and orderFindings Standard 2 (law and order) – light-hearted prank – viewers not encouraged to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Sports Tonight broadcast on TV3 at 11. 15pm on 11 March 2005 featured a reporter interviewing supermarket staff and patrons about sports trivia. During the segment, the reporter ate a lolly from one of the bulk bins. Complaint [2] Stephen Ross complained to CanWest TVWorks Limited, the broadcaster, that the actions of the reporter had amounted to theft under the Crimes Act 1961. By broadcasting the item to “the easily influenced public”, he contended, CanWest had endorsed the reporter’s actions....

Decisions
Lowes and Television New Zealand Ltd - 2005-050
2005-050

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – use of the phrases “Prime Minister of England” and “future King of England” – allegedly inaccurateTe Karere – use of the phrase “Te Kuini o Ingarangi” instead of “Te Kuini o Aotearoa” allegedly inaccurate and in breach of law and orderOne News – use of the phrase “Queen of England” allegedly inaccurate and in breach of law and orderFindings Standard 2 – nothing in the items inconsistent with the maintenance of law and order – not upheldStandard 5 – phrase in common usage – viewers would have known who was being referred to – not upheldThis headnote does not form part of the decision. Broadcasts [1] On 8 April 2005 at 6pm, Close Up broadcast an item covering the wedding of Prince Charles and Camilla Parker-Bowles, and the funeral of Pope John Paul II....

Decisions
Byles and Television New Zealand Ltd - 2006-051
2006-051

Complaint under section 8(1)(a) of the Broadcasting Act 1989Generic promo for One News – showed Ahmed Zaoui outside Mt Eden Prison – complainant alleged that promo glamorised anti-social behaviour – allegedly inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – no portrayal of anti-social behaviour – broadcast did not show criminal activity or encourage viewers to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast a generic promo for One News during several weeks of 2006. The promo included various well-known newsmakers using the phrase “It’s about me” including Ahmed Zaoui, an Algerian who had arrived in New Zealand in 2003 and sought refugee status....

Decisions
Vandenberg and CanWest RadioWorks Ltd - 2007-004
2007-004

Complaint under section 8(1)(b) of the Broadcasting Act 1989 The Rock – stunt in which announcers let off fireworks to test “Jimmy’s ability to dodge fireworks” – allegedly in breach of law and order and social responsibility standardsFindings Principle 2 (law and order) – subsumed under Principle 7Principle 7 (social responsibility) – stunt was socially irresponsible – did not consider effects on child listeners – hosts’ manner trivialised the potential danger of aiming fireworks at another person – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast[1] In a segment called “Do Stuff to Jimmy” on The Rock, broadcast at approximately 8. 15am on 20 October 2006, the announcers commented on the recent call to ban fireworks for public sale....

Decisions
Bulathsinghala and 4 Others and Television New Zealand Ltd - 2004-129
2004-129

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Decisions
Topline International Ltd and Television New Zealand Ltd - 2003-002
2003-002

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....

Decisions
McDonald and Television New Zealand Ltd - 2004-211
2004-211

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes promo broadcast during One News – interview with crime novelist – said “I’m going to tell you about how to commit the perfect murder” – allegedly in breach of law and orderFindingsStandard 2 (law and order) – promo consistent with law and order – no glamorisation of crime – crime novelist promoting her work – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the Holmes show aired on TV One at 6. 20pm on 27 October 2004. The presenter announced that he would be interviewing Tara Moss, a former model and “Australia’s number one crime writer”. The author was then shown to say: Join me tonight…on the Holmes show, and I’m going to tell you about how to commit the perfect murder....

Decisions
Young and TVWorks Ltd - 2009-068
2009-068

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – characters who were parodies of Michael Jackson and his son moved into the neighbourhood using the last name Jefferson – local police discovered Mr Jefferson was a "rich black man" and decided to frame him for various crimes – allegedly in breach of the law and order standard Findings Standard 2 (law and order) – satirical cartoon known for making fun of societies' institutions – material intended to be humorous – did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the cartoon South Park was broadcast on C4 at 9pm on 14 May 2009....

Decisions
Broughton and Rikys and Television New Zealand Ltd - 2009-104
2009-104

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Decisions
Kuehn and Television New Zealand Ltd - 2008-060
2008-060

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item on duck hunting – hunter pointed a rifle at the camera – allegedly in breach of good taste and decency, law and order and violence Findings Standard 2 (law and order) – hunter’s action was intended to be humorous and light-hearted – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 2 Standard 10 (violence) – subsumed into consideration of Standard 2 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6....

Decisions
de Villiers and Television New Zealand Ltd - 2009-134
2009-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – report on the sale of horse meat for human consumption that had been processed as pet food – included undercover investigation – reporter shown speaking with the owner of pet food factory allegedly supplying horse meat – reporter told to leave the property but continued to ask questions – allegedly in breach of law and order Findings Standard 2 (law and order) – reporter acted in a professional and appropriate manner – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision....

Decisions
Lowes and Television New Zealand Ltd - 2005-025
2005-025

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News, Marae and Te Karere – One News newsreader referred to Prince William as the popular choice for the next “King of England” – Marae discussion on constitutional change – presenter and guests referred to “Queen of England” – Te Karere item referred to Princes Charles as the “monarch of England” – all items allegedly inaccurate, and in breach of law and order standardFindingsStandard 2 – no basis for complaint – not upheld Standard 5 – not inaccurate – use of phrase “Queen/King of England” acceptable description – not upheldThis headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd broadcast items on Marae on 14 November 2004, One News on 11 February 2005 and Te Karere on 8 March 2005, all of which referred in some way to the British Royal Family....

Decisions
Attorney General of Samoa and Television New Zealand Ltd - 2009-066
2009-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Decisions
Robbins and Bright and The Beach 94.6FM - 2004-108, 2004-109, 2004-110, 2004-111
2004-108–111

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Decisions
Jonson and CanWest RadioWorks Ltd - 2005-099
2005-099

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Decisions
Porter and Television New Zealand Ltd - 2004-025
2004-025

ComplaintHow’s Life? – one panellist said to have encouraged people aged 13–14 years to have sex and to ignore parents and the law – complaint that comments offensive and unfair to children. Findings Panellist said questioners were responsible in seeking advice – did not encourage lawbreaking – suggested seeking parental advice – other panellists said that questioners should not have sex Standard 1 – not upheld Standard 2 – not upheld Standard 9 – not upheldThis headnote does not form part of the decision Summary [1] How’s Life? , which was broadcast each weekday on TV One at 5. 30pm and repeated at 9. 00 the following morning, featured a panel of local celebrities who answered questions about human relationships submitted by viewers. The programme broadcast at 9. 00am on 29 September 2003 considered a question from two young teenagers who asked whether they should have sex....

Decisions
Johnston and Television New Zealand Ltd - 2004-059
2004-059

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 DNZ: Speed Thrills – documentary included footage of young male drivers exceeding speed limit – allegedly encouraged law breaking and glamorised speedingFindings Standard 2 (law and order) and Guidelines 2a, 2b and 2c – did not glamorise, condone or encourage speeding – not upheld This headnote does not form part of the decision. Broadcast [1] The programme DNZ: Speed Thrills was broadcast on TV One on 15 March 2004 at 8. 35pm. It included footage of two young men driving at night in excess of the speed limit. Complaint [2] Alexander Johnston complained to Television New Zealand Ltd, the broadcaster, that the young men were exceeding the speed limit by “considerable margins” and that TVNZ staff must have encouraged them to do so. Otherwise, Mr Johnston wrote, it would have been pointless to have installed cameras in their cars....

Decisions
Wolf and Television New Zealand Ltd - 2004-127
2004-127

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....