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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....

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with central figure in reality television show There’s Something About Miriam – discussed her transsexual status and contact with contestants on show – allegedly breach of good taste and decency, programme classification and children’s interests FindingsPrinciple 1 (good taste and decency) – contextual factors – nothing indecent or distasteful to the extent of breaching standard – interview conducted appropriately given subject matter – not upheld Principle 7 (programme classification) – programme news or current affairs – not classified – was sufficiently mindful of the possibility of child viewers – no warning required as contents adequately signposted – not upheld Principle 9 (children’s interests) – news and current affairs programme not directed at children – interview conducted appropriately – sufficiently mindful of children’s interests – not upheld This headnote does not form part of the decision....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDWARD MALCOLM and OTHERS of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

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...

ComplaintHolmes – comment that Ponsonby Rugby Club had produced the most All Blacks – inaccurate – TVNZ upheld complaint as technical breach of Principle 5 and apologised – action taken insufficient FindingsAction taken sufficient – not upheld This headnote does not form part of the decision Summary [1] During a Holmes broadcast on TV One at 7. 00pm on 25 August 2003, a reporter commented that Ponsonby Rugby Club had produced the most All Blacks. The statement was repeated later in the programme by the presenter. [2] Mr Burke complained to Television New Zealand Ltd, the broadcaster, that the statement was inaccurate. [3] TVNZ upheld the complaint and apologised by letter to the complainant and members of his rugby club. [4] Dissatisfied that TVNZ's action upon upholding the complaint did not include an on-air correction and apology, Mr Burke referred his complaint to the Broadcasting Standards Authority under s....

Download a PDF of Decision No. 1991-014:Housing Corporation of New Zealand Ltd and Television New Zealand Ltd - 1991-014 PDF528. 83 KB...

ComplaintHolmes – offensive language – presenter said "bugger the international media" – America’s Cup context FindingsStandard G2 – "bugger" not acceptable for common usage, but acceptable in context – no uphold This headnote does not form part of the decision. Summary During an item about the America’s Cup on Holmes on TV One at 7. 00pm on 21 February 2000, the presenter said "bugger the international media". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word "bugger" breached broadcasting standards which require the observance of good taste and decency. TVNZ responded that, in the context of a highly charged America’s Cup campaign, the use of the word "bugger" did not breach broadcasting standards. It did not accept that its use carried the suggestion that the word was now acceptable for common usage. It declined to uphold the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 12/94 Dated the 5th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHARLES B. HARPER of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-123 Decision No: 1997-124 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R J A MILLER of Invercargill and L SMITH of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Download a PDF of Decision No. 1993-102:McDonald and Television New Zealand Ltd - 1993-102 PDF330. 38 KB...

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....

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...

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

ComplaintHolmes – interview with man about unproven sexual abuse when a child in the Order of St John of God – man paid $30,000 by Order on condition of confidentiality – unbalanced – unfair to Order FindingsStandards 4 and 6 – item made clear that the man’s views had been contested by Brother and there was no court case – Church spokesperson given reasonable opportunity to challenge his account – did not do so – man’s credibility left to viewer to assess – not unfair – not unbalanced – no uphold This headnote does not form part of the decision. Summary [1] "Patrick" was interviewed in an item on Holmes broadcast on TV One at 7. 00pm on 19 June 2002....

ComplaintHolmes – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – challenged on decision to abstain – blamed for passage of Bill – held up to ridicule and contempt – unfairFindingsStandard 4 – MP given right to reply to criticism – no uphold Standard 6 – as with Standard 4 – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on Holmes, broadcast on TV One at 7. 00pm on Thursday 26 June, comment was made that the Bill would not have been passed had Mr Ashraf Choudhary MP not abstained. Mr Choudhary was interviewed regarding his abstention....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-002 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT CLARKSON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...