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Decisions
Stewart and Television New Zealand Ltd - 2000-147
2000-147

ComplaintHolmes – Waitara shooting – interview with witness – anti-police – unbalanced – partial – prejudice to fair hearing FindingsStandard G6 – eyewitness account necessarily focused on one perspective – balance achieved over time – no uphold Standard G19 – no uphold This headnote does not form part of the decision. Summary A witness to the shooting of a young man by a policeman in Waitara was interviewed in an item on Holmes broadcast on 17 July 2000 between 7. 00–7. 30pm. The item recorded that there was some discrepancy between what the eyewitness had told the police immediately after the incident and his statement to a private investigator some days later. Martyn Stewart complained to Television New Zealand Ltd, the broadcaster, that the item was an "emotive display of pure sensationalism" which would have incited the public to be biased against the police....

Decisions
Howard and Television New Zealand Ltd - 2001-237
2001-237

Complaint Holmes – interview with Prime Minister about refugees – reference to Nauru as a pile of bird shit – offensive language – inappropriate for school children FindingsStandard G2 – crude but acceptable in context – no uphold Standard G12 – minimal impact on children – no uphold This headnote does not form part of the decision. Summary [1] Nauru was described as a "pile of bird shit" by the presenter on Holmes when interviewing the Prime Minister and the Leader of the Opposition about the Government’s decision to take 150 refugees from the Tampa. The item was broadcast on Holmes on 3 September 2001 beginning at 7. 00pm. [2] Alfred Howard complained to Television New Zealand Ltd, the broadcaster, that the phrase was totally inappropriate and offensive. He expressed particular concern that school children would hear the language....

Decisions
Butchart and Television New Zealand Ltd - 1999-045
1999-045

SummaryAn item on Holmes, broadcast on TV One on 12 February 1999 beginning at 7. 00pm, referred to a contest "to conceive the first child of the new millennium". The presenter commented on "this first child of 2000", in describing the contest. Mr Butchart complained to Television New Zealand Limited, the broadcaster, that the statements were totally untrue. He said the next millennium began with the beginning of 2001, just as the first millennium began with 0001, and the second began with 1001. He sought a correction of what he called the untrue statements. TVNZ responded that it was accurate to reflect the fact that by broad popular consensus, the world (or that part of it which used the Christian calendar) would mark the birth of the new millennium as midnight passed on the last day of 1999. It declined to uphold the complaint....

Decisions
Fotheringham and Television New Zealand Ltd - 1996-150
1996-150

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-150 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LIEUTENANT COMMANDER B I FOTHERINGHAM of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
MacDonald and Accident Compensation Corporation and Television New Zealand Ltd - 2002-071, 2002-072
2002-071–072

ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...

Decisions
Boyce and Television New Zealand Ltd - 2000-074
2000-074

ComplaintHolmes – Employment Relations Bill – unbalanced – unfair FindingsStandard G6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary The introduction of the Employment Relations Bill was the subject discussed on Holmes broadcast on TV One on 14 March 2000 beginning at 7. 00pm. The Minister of Labour, a trade union representative, an employer representative and the Opposition spokesperson debated some of the issues. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the discussion simplified the highly complex legislation so much that many important concepts, such as collective bargaining, had not been explained. Furthermore, he complained that the participants had not received equal time. TVNZ responded that it did not believe the absence of an explanation about collective bargaining was a breach of broadcasting standards....

Decisions
Boyce and Television New Zealand Ltd - 2001-049, 2001-050
2001-049–050

Complaint Holmes – series of items on the "brain drain" – Richard Poole – newspaper advertisement – Business Roundtable backing – unbalanced – news source lacked integrity FindingsStandard G6 – items lacked balance – broadcaster not impartial – Poole’s integrity not forcefully challenged – uphold Standard G15 – Poole an "information source" as required by standard – broadcaster failed to ascertain adequately his integrity/reliability – uphold OrdersBroadcast of statement$2,000 costs to Crown This headnote does not form part of the decision. Summary Items broadcast on the Holmes show on TV One on 4, 5 and 6 October 2000 dealt with a perceived "brain drain" whereby young, educated New Zealanders were allegedly leaving New Zealand permanently for better jobs and an enhanced lifestyle overseas. Holmes is broadcast between 7. 00pm and 7. 30pm on weekdays....

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1994-109
1994-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 109/94 Dated the 7th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GROUP OPPOSED TO ADVERTISING OF LIQUOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris W J Fraser L M Loates...

Decisions
Leckey and Television New Zealand Ltd - 1993-138
1993-138

Download a PDF of Decision No. 1993-138:Leckey and Television New Zealand Ltd - 1993-138 PDF864. 85 KB...

Decisions
James and Television New Zealand Ltd - 2000-199
2000-199

ComplaintHolmes – labelling on food packages – false nutrition advice – inaccurate FindingsStandard G1 – not inaccurate – no uphold This headnote does not form part of the decision. Summary During the course of a discussion about providing nutritional information on packaged foods, the presenter described saturated fats as "killer fats". Her comment came during a Holmes item broadcast on TV One on 19 October 2000 beginning at 7. 00pm. Valerie James complained to Television New Zealand Ltd, the broadcaster, that the presenter had provided false nutritional advice when she warned that saturated fats were harmful. TVNZ emphasised that the item had been concerned with what information customers wanted to find on packaged foods, rather than with whether saturated fats were harmful....

Decisions
Ministry of Health and New Zealand Medical Association and Television New Zealand Ltd - 2000-145, 2000-146
2000-145–146

ComplaintHolmes – research findings on third generation contraceptive pill – danger to women of blood clotting – presenter told users to throw their pills away – inaccurate – unbalanced – caused unnecessary panic, alarm FindingsStandard G1 – no inaccuracy – no upholdStandard G6 – key issues isolated – opportunity for response given – majority no upholdStandard G16 – health message presented – focus on individual stories – style of programme – no uphold This headnote does not form part of the decision. Summary The release of research findings detailing the risks to women of taking the third generation contraceptive pill was the topic of a Holmes item broadcast on 16 June between 7. 00-7. 30pm. The presenter suggested that those who were taking several named varieties of the pills should throw them out....

Decisions
Town and Television New Zealand Ltd - 1991-011
1991-011

Download a PDF of Decision No. 1991-011:Town and Television New Zealand Ltd - 1991-011 PDF499. 97 KB...

Decisions
Auckland Trotting Club Inc and Television New Zealand Ltd - 1997-081
1997-081

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-081 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AUCKLAND TROTTING CLUB (Inc) Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Decisions
Maltby and Television New Zealand Ltd - 2001-069
2001-069

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....

Decisions
McLellan and Television New Zealand Ltd - 2003-041
2003-041

ComplaintHolmes – host referred to the WestpacTrust Stadium as the "cake tin" – derogatory phrase – offensive FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The WestpacTrust Stadium in Wellington was referred to as the "cake tin" by the host (Susan Wood) in an item broadcast on Holmes at 7. 00pm on 7 February 2003. [2] John McLellan complained to Television New Zealand Ltd, the broadcaster, that the reference was "derogatory". [3] When the broadcaster failed to respond to his formal complaint, Mr McLellan referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. [4] In its response to the Authority, TVNZ argued that the matter did not raise an issue of broadcasting standards....

Decisions
Picken and Marchioni and Television New Zealand Ltd - 2004-051, 2041-052
2004-051–052

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Holmes – interview with Winston Peters MP about free dinner in restaurant partly owned by Peter Simunovich – meal occurred while Parliamentary Select Committee investigated Simunovich Fisheries – Mr Peters member of that committee – possibility of corruption suggested by others interviewed – allegedly unbalanced, impartial and unfairFindings Standard 4 (balance) and Guideline 4a – Mr Peters given ample opportunity to answer allegations – not upheld Standard 5 (accuracy) – “free” fish dinner allegation acceptable basis for programme – not upheld Standard 6 (fairness) and Guideline 6b – Mr Peters given ample notice of expected contribution – devil’s advocate approach acceptable in view of serious allegation – Mr Peters given ample time to respond – not upheld This headnote does not form part of the decision....

Decisions
Hetherington and Television New Zealand Ltd - 1995-044
1995-044

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 44/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M and B HETHERINGTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Lewis and Television New Zealand Ltd - 2001-017
2001-017

ComplaintHolmes – studio discussion about Police Education Child Protection Scheme – bullying tactics – unbalanced – biased FindingsStandards G3, G4 and G6 – interviewee given opportunity to voice concerns – dealt with fairly – issue not dealt with in unbalanced manner – no uphold Standard G13 – not relevant This headnote does not form part of the decision. Summary A studio discussion on the Holmes programme, broadcast on TV One at 7. 00pm on 14 November 2000, centred around the controversial Police Education Child Protection Scheme. The scheme encouraged schools to teach even their youngest pupils the names of intimate body parts, and aimed to assist children to talk unashamedly about issues such as unwanted touching. W T Lewis complained to Television New Zealand Ltd, the broadcaster, that the programme was "offensive and biased" because the presenter had "verbally bullied" one of the participants in the studio discussion....

Decisions
Hooker and Television New Zealand Ltd - 2004-011
2004-011

ComplaintHolmes – apology from Mr Holmes for comments he made about UN Secretary-General Kofi Annan on Newstalk ZB – apology said to be unbalanced, inaccurate and breached requirements for law and order Findings Standard 2 – not applicable – decline to determine Standard 4 – personal statement – balance not an issue – decline to determine Standard 5 – no inaccuracy – decline to determineThis headnote does not form part of the decision Summary [1] Paul Holmes, the host of Holmes broadcast on TV One on weekdays at 7. 00pm, made a personal statement on Holmes on 29 September 2003 about some comments he had made on Newstalk ZB. Among some other comments made on Newstalk ZB, he had described the UN Secretary-General, Kofi Annan, as a “cheeky darkie”. His comments had received extensive media coverage....

Decisions
Wilton and Television New Zealand Ltd - 2004-117, 2004-118
2004-117–118

Complaints under section 8(1)(c) of the Broadcasting Act 1989 Holmes – two items about allegations of sexual abuse against former church worker – described in second item as “sexual monster” – named and photographs shown – alleged breach of privacy – second item included recent footage of church worker allegedly taken without permissionFindings Standard 3 (Privacy) and Guideline 3a – Privacy Principles (i), and (iv) – disclosure was a breach of privacy principle (i) but justified in the public interest – not upheld Standard 3 (Privacy) and Guideline 3a – Privacy Principles (iii) – footage of man taken from public place – not upheld This headnote does not form part of the decision. Broadcast [1] Allegations of sexual abuse by the former supervisor at an orphanage run by the Presbyterian Church in the 1970s were made in items on Holmes broadcast on TV One at 7....

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