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Decisions
Young and Television New Zealand Ltd - 2009-001
2009-001

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – two days before General Election – item about 83-year-old skin cancer sufferer who had urgent operation cancelled three times – host explained that Minister of Health had refused to come on the show – programme included poll asking who should be next Prime Minister – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – story presented particular example, not a discussion of wider issue – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcast would not have misled viewers – not upheld Standard 6 (fairness) – complainant did not identify person or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Commerce Commission and TVWorks Ltd - 2008-014
2008-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item about the Commerce Commission's prosecution of a man and his company Probitas, who were marketing a fertiliser system – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme failed to provide viewers with a significant perspective which was critical to their understanding of the issues – upheld Standard 5 (accuracy) – no inaccurate statements of fact – not upheld Standard 6 (fairness) – promo – not unfair to expert witness – promo was a fair reflection of interview with the Commission's representative – not upheld Standard 6 (fairness) – programme – did not fairly present the Commission's side of the story – unfair to the Commission – upheld Orders Section 13(1)(a) – broadcast of a statementSection 16(1) – payment of costs to the complainant $2182....

Decisions
Naqvi and The Radio Network Ltd - 2008-142
2008-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Decisions
Peapell and Television New Zealand Ltd - 2007-090
2007-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Decisions
KW and Television New Zealand Ltd - 2006-087
2006-087

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Decisions
Carapiet and Television New Zealand Ltd - 2004-041
2004-041

ComplaintHolmes – lifting of moratorium on commercial release of genetically modified organisms – studio debate – “Trust and Country Image” report discussed – complainant maintained he accurately quoted report – presenter allegedly misrepresented report – presenter allegedly unfairly criticised complainant Findings Standard 5 – presenter’s introductory statement on report inaccurate – upheld Standard 5 – presenter’s criticism a question of fairness, not accuracy – issue considered under Standard 6 Standard 6 – presenter’s vehement interjection amounted to accusation of deliberate misrepresentation – content, manner and tone of interjection an unfair overreaction – upheldNo OrderThis headnote does not form part of the decision Summary [1] An item broadcast on Holmes on TV One on 23 October 2003 dealt with the lifting of the moratorium on the commercial release of genetically modified organisms....

Decisions
Carapiet and Radio New Zealand Ltd - 2002-007
2002-007

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

Decisions
Giles and Television New Zealand Ltd - 2002-073
2002-073

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Decisions
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Radford and Television New Zealand Ltd - 2013-009
2013-009

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported domestic violence statistics showing an increase in the number of deaths caused by family violence – contained interviews with Labour Party spokesperson for Women’s Affairs, and Christchurch Women’s Refuge representative – allegedly in breach of standards relating to balance, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – item focused on statistics showing increase in deaths caused by family violence – it did not comment on the gender of perpetrators and victims, and did not specify that the increase in deaths was among women only – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on recently released statistics for domestic violence in New Zealand....

Decisions
New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021
1991-021

Download a PDF of Decision No. 1991-021:New Zealand Fishing Industry Association and Television New Zealand Ltd - 1991-021 PDF916. 23 KB...

Decisions
Boyce and MediaWorks TV Ltd - 2014-135
2014-135

Summary [This summary does not form part of the decision. ] During 3 News coverage of the results of the 2014 general election, a reporter was shown persistently attempting to interview the Internet-Mana Party leader Laila Harré. The Authority declined to uphold the complaint that the reporter's treatment of Ms Harré was unfair. The reporter's behaviour did not cross the high threshold for finding unfairness to politicians and public figures, particularly in the context of an important political broadcast. Not Upheld: Fairness Introduction [1] The 3 News election coverage, 'Decision '14, Election Night', included footage of a reporter persistently questioning and aiming a microphone at the Internet-Mana Party leader Laila Harré as she attempted to make her way into the party's post-election gathering. Ms Harré mostly ignored the reporter but when she tried to speak the reporter interrupted and spoke over her....

Decisions
Morris and Radio New Zealand Ltd - 2015-059
2015-059

Summary[This summary does not form part of the decision. ] Roger Morris complained that an alleged discussion on Worldwatch about the 'Ukraine coup d'etat' failed to mention a number of key facts, primarily about the United States' involvement in the conflict. The Authority declined to determine the complaint as the broadcast identified by the complainant in his complaint did not feature any content about Ukraine. Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible ProgrammingIntroduction[1] Roger Morris complained that an alleged discussion on Worldwatch about the 'Ukraine coup d'etat' failed to mention a number of key facts, primarily about the United States' involvement in the conflict. He considered that the omission of these facts was in breach of the controversial issues, accuracy, fairness and responsible programming standards of the Radio Code of Broadcasting Practice....

Decisions
Golden and Radio New Zealand Ltd - 2016-005 (12 May 2016)
2016-005

Summary[This summary does not form part of the decision. ]The featured speaker of the 2015 Reeves Memorial Lecture, broadcast by Radio New Zealand, was a prominent former New Zealand politician. The Authority declined to determine a complaint alleging that the choice of speaker was ‘improper’ because she was ‘very corrupt’, on the basis that it was vexatious. The complainant continues to refer complaints of a similar nature to the Authority which do not warrant determination. Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible ProgrammingIntroduction[1] The featured speaker of the 2015 Reeves Memorial Lecture, broadcast by Radio New Zealand, was a prominent former New Zealand politician. [2] Allan Golden complained that the ‘adulation’ of the speaker contained in the programme was ‘improper’ because she was ‘very corrupt’. He alleged this breached the controversial issues, accuracy, fairness and responsible programming standards of the Radio Code of Broadcasting Practice....

Decisions
Right to Life and Radio New Zealand Ltd - 2017-007 (19 April 2017)
2017-007

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with the President of Catholics for Choice (CFC). He spoke about CFC’s position, and his own views, on contraception, marriage equality and abortion, contrasting these views with the Catholic Church’s stance on these topics. The Authority did not uphold a complaint made by Right to Life that a representative of the Catholic Church should have been given the opportunity to respond to the ‘allegations’ made by the CFC President. The item was introduced and presented from the narrow perspective of CFC, which did not represent the views of all Catholics or of the Church hierarchy, and this was made clear during the interview....

Decisions
Earlly and Radio Pacific Ltd - 1994-043, 1994-044
1994-043–044

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 43/94 Decision No: 44/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SHIRLEY EARLLY of Auckland Broadcaster RADIO PACIFIC LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Shen and Television New Zealand Ltd - 2016-097 (19 April 2017)
2016-097

Summary [This summary does not form part of the decision. ]Seven Sharp featured a story about two local residents, labelled ‘herb detectives’, who were determined to track down the man they believed was responsible for stealing their herbs. The reporter and the ‘herb detectives’ visited the local market looking for the alleged thief and spoke to a woman, Shunfang Shen, who was selling herbs. The reporter asked Mrs Shen where her herbs were from, and one of the residents said, ‘It looked very much like my mint. ’ The Authority upheld a complaint from Mrs Shen that the action taken by TVNZ, in upholding her complaint that the item was inaccurate and unfair, was insufficient. The Authority acknowledged that TVNZ attempted to remedy the breach of standards, including by broadcasting a correction several days after the item....

Decisions
Both and MediaWorks TV Ltd - 2015-068 (1 December 2015)
2015-068

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

Decisions
Road Transport Forum New Zealand and TV3 Network Services Ltd - 1997-114
1997-114

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-114 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROAD TRANSPORT FORUM NEW ZEALAND Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Voters' Voice Binding Referendum Inc and Television New Zealand Ltd - 1994-016
1994-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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