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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 7/94 Dated the 21st day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BUSINESS INNOVATION GROUP of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Download a PDF of Decision No. 1991-058:Shepherd and Television New Zealand Ltd - 1991-058 PDF323. 74 KB...

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....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with father of escaped prisoner – used words “arsehole” and “bugger” – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A father whose son had escaped from prison was interviewed in an item broadcast on Holmes at 7. 00pm on 22 April 2004. The father, whose home had been burgled by his son on at least three occasions, appealed to his son to give himself up. During the interview, the father used the word “arsehole” and also used the word “bugger” at least three times. Complaint [2] Gary Welch and Don Campbell each complained to Television New Zealand Ltd, the broadcaster, that the use of the word “arsehole” was unacceptable and in breach of the standard requiring good taste and decency....

Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....

Summary Mr Mark Middleton, stepfather of a murdered 13 year-old girl, publicly threatened to kill the murderer should he be granted release from prison on parole. Because of this threat, the Children, Young Persons and Their Families Agency (CYPFA) removed a foster child whom he had been looking after for three years. In an item on Holmes broadcast on TV One at 7. 00pm on 27 August 1999, Mr Middleton was interviewed about CYPFA’s actions. CYPFA's position was advanced in the interview by Hon Roger McClay, Commissioner for Children. Mr Bracey complained to Television New Zealand Ltd, the broadcaster, that the item breached broadcasting standards as it failed to respect the principles of law, and was unbalanced....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-093 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P F NOBLE of Mount Maunganui Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....

Summary A representative of the Airline Pilots’ Association was interviewed on Holmes, broadcast at 7. 00pm on TV One on 2 September 1999, in connection with a strike by Ansett pilots. Mr Geddes complained to Television New Zealand Ltd, the broadcaster, that the interview was biased, unbalanced and actively denigrated pilots involved in the dispute. He said he was appalled at the rudeness of the interviewer and his unprofessional, discourteous behaviour. TVNZ conceded that the interview could be described as "robust" but did not agree that it was rude or biased. The pilots’ representative was given full opportunity to respond on their behalf, it argued. It explained that, as management had declined to appear, balance was achieved by the presenter adopting a "devil’s advocate" position in order to prevent the item from becoming a chronicle of viewpoints from the Pilots’ Association....

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....

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

Download a PDF of Decision No. 1990-015:Perry and Television New Zealand Ltd - 1990-015 PDF1008. 74 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-104 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANTERBURY HEALTH LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....

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....