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Decisions
Collier and Fong and Television New Zealand Ltd - 2012-137
2012-137

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Decisions
Fisher and Television New Zealand Ltd - 2015-044 (1 March 2016)
2015-044

Summary[This summary does not form part of the decision. ]An item on ONE News covered the quarrying of a Dunedin landmark, Saddle Hill, and featured interviews with three people opposed to the quarrying. The reporter stated that quarry owner Calvin Fisher did not respond to his request for an interview, although an offer had been made to ‘replace the hill once the rock has been taken away’. TVNZ upheld Mr Fisher’s complaint, finding that insufficient attempts were made to contact Mr Fisher and the reporter unfairly represented that he was not willing to comment. TVNZ apologised in writing to Mr Fisher, removed the story from its website and discussed the upheld complaint with the reporter and management. However the Authority upheld Mr Fisher’s complaint that this action was insufficient to remedy the breach....

Decisions
Lloyd and SKY Network Television Ltd - 2015-033
2015-033

Summary[This summary does not form part of the decision. ]Voice of Islam broadcast a speech by a prominent Muslim speaker, in which she discussed the teachings of Islam. The Authority did not uphold a complaint that the programme amounted to 'hate speech' and incited violence. The speech clearly comprised the speaker's own interpretation of the teachings of the Qur'an, and did not contain anything which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Children, Law and Order, Fairness, Accuracy Introduction[1] Voice of Islam broadcast a speech by a prominent Muslim speaker, in which she discussed the teachings of Islam. [2] Adam Lloyd complained that that programme amounted to 'hate speech' and 'incite[d] violence towards unbelievers'. [3] The issue is whether the broadcast breached the good taste and decency, children, law and order, fairness and accuracy standards of the Pay Television Code of Broadcasting Practice....

Decisions
Watson and The Radio Network Ltd - 2004-181
2004-181

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Classic Hits Breakfast – comment about complainant – allegedly unfairFindings Principle 5 (fairness) – not unfair in context of complainant’s public profile, fleeting comment – not likely listeners would have taken comment literally/seriously – not upheld This headnote does not form part of the decision. Broadcast [1] During Classic Hits Breakfast, broadcast on Classic Hits (Nelson) on the morning of 27 September 2004, presenter Kent Robertson commented on the death of Radio Fifeshire founder, Kevin Ihaia. During this commentary, he stated: And I must admit I got a little bit sad and reminiscent about it at one stage and I thought how unfair it is that at 50 Kevin should die and yet Gary Watson lives. Complaint [2] Gary Watson complained about the presenter’s comment....

Decisions
Ngaei and Radio New Zealand Ltd - 1991-037
1991-037

Download a PDF of Decision No. 1991-037:Ngaei and Radio New Zealand Ltd - 1991-037 PDF727. 04 KB...

Decisions
McKay and Television New Zealand Ltd - 1998-137, 1998-138
1998-137–€“138

Summary Items on One Network News and Tonight on 19 June 1998 reported that the Act Members of Parliament had been requested by TVNZ to provide particulars of their assets and business interests. None, the reports said, had been willing to do so. The reasons for the refusal by two Act MPs were highlighted in the items. Mr McKay complained to Television New Zealand Limited, the broadcaster, that it was being politically selective in failing to declare that similar information had been sought from members of other political parties. TVNZ, he continued, compounded its offence by publishing replies to its request from several Act MPs. TVNZ responded that Act was the one political party standing out against disclosure of MPs’ assets....

Decisions
DD and The Radio Network Ltd - 1999-062, 1999-063
1999-062–063

SummaryA weekend in the Wairarapa was the prize in a competition run by radio station 91ZM in Wellington in the first week of February. Listeners were invited to write in and explain why they deserved this holiday. Some entries were read each day, including one from "Malcolm" on Wednesday, and he was subsequently chosen as the winner on Friday. His winning entry was read on both days and he was spoken to on-air on Friday after the announcer telephoned his named place of work and asked for him by name. His entry detailed how his wife of 13 years had left him and his two sons (aged 12 and 9) a little over a year previously as she was having an affair with a 19-year-old. His letter concluded by stating his former wife "has since been dumped by the 19-year-old"....

Decisions
Leaper and CanWest TVWorks Ltd - 2005-096
2005-096

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9. 30pm on 22 June 2005. The series was set in a fictional Vatican City (called Popetown), and was centred around a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] During the episode on 22 June 2005, Father Nicholas became a wrestling hero after accidentally knocking out pro-wrestler “Ivan the Invincible”....

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Taylor and Radio New Zealand Ltd - 2009-039
2009-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – item about violence encountered by staff working with dementia patients – contained interviews with a nurse working in a dementia ward, a representative from the Nurses Organisation and a spokesperson from the Ministry of Health – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (controversial issues – viewpoints) – broadcaster presented the required significant viewpoints – perspective of care providers not vital to discussion – not upheld Standard 5 (accuracy) – comment complained about was not a statement of fact – not upheld Standard 6 (fairness) – people and organisations taking part and referred to treated fairly – not upheld This headnote does not form part of the decision....

Decisions
McKay and TVWorks Ltd - 2009-121
2009-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Decisions
The Rowan Partnership and The Radio Network of New Zealand Ltd - 1997-099
1997-099

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-099 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE ROWAN PARTNERSHIP of Wanganui Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Hingston and Television New Zealand Ltd - 2001-225
2001-225

ComplaintFair Go – consultation fee for general practitioner when there is an ACC contribution – practice to reduce fee to patient – opinion given that not to do so may amount to using finance as a barrier to treatment which is unethical – untrue – unfair FindingsStandard G1 – statement incorrect – uphold Standard G4 – not unfair in context – no uphold No OrderThis headnote does not form part of the decision. Summary [1] An item on Fair Go examined the case of a rugby player who went to a medical practitioner because of an injury. It was reported that ACC contributed $26 to the doctor for each consultation, but he had not reduced his fee for the player. A doctor from ACC said it may well have been unethical for a doctor to use finance as a barrier to treatment....

Decisions
Stone and Television New Zealand Ltd - 2004-210
2004-210

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reference to President George W Bush “leading the free world” – allegedly unbalanced and unfairFindingsStandard 4 (balance) – no balancing comment required – not upheld Standard 6 (fairness) – not unfair to any persons taking part or referred to – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 22 October 2004 dealt with a back-dated pay rise which had been given to Members of Parliament in New Zealand. Towards the end of the segment, the reporter compared the salary of the Prime Minister of New Zealand with that of other world leaders, including President George W. Bush of the United States....

Decisions
Li and CanWest TVWorks Ltd - 2006-064
2006-064

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item investigating “claims that China harvests the organs of executed prisoners for transplants at a price” – included secret footage from transplant centre where staff admitted the practice – reported concerns of British transplant surgeons about lack of consent from prisoners – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to any person or organisation taking part or referred to – not upheld Standard 8 (programme information) – subsumed under Standards 5 and 6This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 20 April 2006, 3 News broadcast an item about organ harvesting in China....

Decisions
Davis and Radio New Zealand Ltd - 2019-061 (16 December 2019)
2019-061

The Authority has upheld one aspect of a complaint that an interview with Sir Andrew Dillon, the CEO of the UK’s National Institute for Health and Care Excellence (NICE) breached the accuracy standard. The Authority found that listeners were invited by the item to draw negative comparisons between the role and functions of NICE and of PHARMAC in the New Zealand context, which was misleading through the omission of relevant contextual information about the two agencies. The Authority did not uphold the complaint under the balance standard, as inviting a comparison of the two agencies did not amount to a discussion of a controversial issue to which the balance standard applied....

Decisions
Mallard and 3 Others and Television New Zealand Ltd - 1994-127–1994-130
1994-127–130

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Staples & Claims Resolution Service Ltd and Television New Zealand Ltd - 2019-038 (30 September 2019)
2019-038

The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast. Not Upheld: Accuracy, Fairness...

Decisions
Boyce and Radio New Zealand Ltd - 2016-096 (8 March 2017)
2016-096

Summary[This summary does not form part of the decision. ]A Nine to Noon programme included a segment featuring UK correspondent Dame Ann Leslie. In response to the host’s question ‘What is on your mind this week? ’, Dame Leslie commented on the British Labour Party, its leader Jeremy Corbyn and the Black Lives Matter UK organisation. The Authority did not uphold a complaint that Dame Leslie’s comments constituted an attack on Mr Corbyn, denigrated the BLM UK activists, and were inaccurate and unbalanced. Mr Corbyn and BLM UK were not treated unfairly, as both could reasonably expect to be subject to robust media scrutiny as a consequence of their public profile. While the item was a current affairs piece to which the balance standard applied, the issues were approached from Dame Leslie’s perspective and listeners would not have expected alternative views to be given....

Decisions
Downes, Penning, Maltby, Massie & Tang and NZME Radio Ltd - 2020-123 (24 February 2021)
2020-123

In a segment on the Mike Hosking Breakfast programme, the host interviewed the Prime Minister about the Government’s decision to extend the Level 3 lockdown restrictions on Auckland in August 2020. The Authority did not uphold the complaints. It recognised the value of robust political discourse in the media and the role of media in holding to account those in positions of power. Overall, it found no harm at a level justifying regulatory intervention. While some may have found Mr Hosking’s approach and comments distasteful, they did not go beyond what could be expected of an interview of this nature. Not Upheld: Fairness, Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Children’s Interests...

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