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Decisions
Lees and Television New Zealand Ltd - 2010-026
2010-026

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with Frank Bainimarama – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – Mr Bainimarama is a controversial political figure who should expect robust criticism – Mr Bainimarama dealt with fairly – not upheld Standard 5 (accuracy) – complainant did not identify any statements of fact that were inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sunday, broadcast on TV One at 8. 30pm on Sunday 15 November 2010, featured an interview with Frank Bainimarama. The presenter introduced the item by saying: When Commodore Frank Bainimarama expelled our High Commissioner from Fiji last week, it was just the latest in a string of tit-for-tat showdowns. . . He’s resisted being interviewed about the diplomatic stand-off until now....

Decisions
Webber and Television New Zealand Ltd - 2017-051 (4 September 2017)
2017-051

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry....

Decisions
Thomson and Television New Zealand Ltd - 2015-060 (1 December 2015)
2015-060

Summary[This summary does not form part of the decision. ]An item on Sunday discussed AC/DC drummer Phil Rudd’s alleged unsafe sex practices with escorts. The Authority did not uphold a complaint that the item breached Mr Rudd’s privacy. The information disclosed during the item was already in the public domain and widely broadcast, so did not constitute private facts. The item also did not disclose any personal details about Mr Rudd for the purposes of encouraging harassment. Not Upheld: PrivacyIntroduction[1] An item on Sunday discussed former AC/DC drummer Phil Rudd and his alleged behaviour with escorts, in particular his unsafe sex practices. The item featured an interview with an anonymous former escort who had been hired by Mr Rudd. The item also showed images of the outside of Mr Rudd’s house and boat....

Decisions
Family First New Zealand and Television New Zealand Ltd - 2011-065
2011-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigated the “purity movement” in the United States – after the item the presenter stated, “Well as you’ve heard earlier, the attrition rate is a big one. Lots of girls grow up and question the commitment they’ve made. It is believed that more than 80 percent break their purity vows” – statement allegedly inaccurate FindingsStandard 5 (accuracy) – presenter’s statement distinguishable as commentary on what was said in the item – exempt from accuracy under guideline 5a – not upheld by majority This headnote does not form part of the decision. Broadcast [1] During Sunday, broadcast on TV One at 7. 30pm on 3 April 2011, an Australian Channel 7 story, entitled “Thrill of the Chaste”, investigated the “purity movement” in the United States....

Decisions
The Federation of Islamic Associations of NZ Inc and Television New Zealand Ltd - 2010-065
2010-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigating forced child marriages in New Zealand – contained interviews with a girl who said she was forced to marry a man who raped her, a representative from an organisation that provides refuge for migrant women, and the president of the Federation of Islamic Associations of New Zealand – allegedly in breach of accuracy, fairness, and discrimination and denigration standardsFindingsStandard 5 (accuracy) – comments made by interviewees were opinion and exempt from the accuracy standard under guideline 5a – item made it clear that the problem of forced child marriages was a cultural issue – viewers not misled – not upheldStandard 6 (fairness) – individuals and organisations taking part and referred to treated fairly – not upheldStandard 7 (discrimination and denigration) – item did not encourage denigration of, or discrimination against, Muslims – not upheldThis headnote does not form…...

Decisions
Willcock and Television New Zealand Ltd - 2009-056
2009-056

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about New Zealand’s dog breeds and breeders’ ethics regarding inbreeding – reporter visited one breeder at her home – allegedly unfair FindingsStandard 6 (fairness) – complainant was not given a reasonable opportunity to comment – she should have been informed that the programme would broadcast specific allegations against her – reporter’s approach was unfair – upheld OrderSection 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 29 March 2009, investigated the state of New Zealand’s pedigree dog breeds and breeding ethics in response to an earlier programme which looked at the health of Britain’s purebred dogs. [2] Included in the item was comment from a dog-owner, Chris, who owned a bulldog....

Decisions
GW and Television New Zealand Ltd - 2013-012
2013-012

Complaint under section 8(1A) of the Broadcasting Act 1989Sunday – item showed brief footage of a stolen car, including its number plate – allegedly in breach of privacy standardFindingsStandard 3 (privacy) – complainant and her husband were not identifiable through the footage of their car and number plate – no private facts were disclosed about the complainant or her husband that would be considered highly offensive to an objective reasonable person – item focused on the offender and how his background may have contributed to his offending – not upheld This headnote does not form part of the decision. Introduction [1] An item on Sunday profiled a young man who was a recidivist car thief and contained interviews with the man and with his family members about his background....

Decisions
Kirk and Television New Zealand Ltd - 2003-167
2003-167

ComplaintSunday – investigation of Dr Richard Gorringe who had been found guilty of professional misconduct and disgraceful conduct through use of alternative medicines – biased – unfair – misleading FindingsStandard 4 – reasonable opportunities given – not unbalanced – no uphold Standard 6 – Dr Gorringe dealt with fairly as ample opportunity given to present views – no uphold This headnote does not form part of the decision. Summary [1] The use by Dr Richard Gorringe of alternative medicine, alongside conventional medicine, was investigated in an item broadcast on Sunday at 7. 30pm on TV One on 2 September 2003. Dr Gorringe had been found guilty by the Medical Practitioners Disciplinary Tribunal on two charges of professional misconduct and one of disgraceful conduct. [2] Margaret Kirk complained to Television New Zealand Ltd, the broadcaster, that the item was biased and unfair, and trivialised the work of Dr Gorringe....

Decisions
Seager and Television New Zealand Ltd - 2012-052
2012-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

Decisions
Mitchell and Morris and Television New Zealand Ltd - 2004-036, 2004-037
2004-036–037

Chair Joanne Morris declared a possible conflict of interest because of knowing one of the complainants and also as a member of the Waitangi Tribunal that was to hear the foreshore and seabed claims, so did not participate in the determination of these complaints....

Decisions
Lubetzky and Television New Zealand Ltd - 2010-103
2010-103

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – footage of a man throwing a rock and of another man bleeding shown during discussion of Ms Enchmarch’s previous attempt to get aid to Gaza by land – allegedly inaccurate FindingsStandard 5 (accuracy) – footage subject to complaint did not constitute a material point of fact to which the standard applied and was not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

Decisions
Johnston and Television New Zealand Ltd - 2007-025
2007-025

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed fashion designers Trelise Cooper and Tamsin Cooper, who were involved in a High Court case about their branding – reported that Tamsin Cooper's silk velvet coats, labelled as 100% silk, had been tested and the fabric was “not 100% silk, but mostly viscose” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Tamsin Cooper – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on 3 December 2007 at 7. 30pm on TV One, discussed a High Court action involving fashion designers Trelise Cooper and Tamsin Cooper....

Decisions
Hunter and Television New Zealand Ltd - 2004-158
2004-158

Diane Musgrave declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item focused on woman who had married Scott Watson who is in prison serving a life sentence for two murders – touched on aspects of the trial and conviction of Watson – used brief sequences from documentary Murder on the Blade? produced by the complainant – allegedly presented aspects of trial and evidence inaccurately and complainant argued that he had been misinformed by TVNZ of the use to which the sequences were to be put. FindingsStandard 5 (accuracy) – some statements made in broadcast inaccurate – upheld Standard 6 (fairness) – complainant not referred to in programme – not upheld No OrderThis headnote does not form part of the decision....

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
Two Complainants and Television New Zealand Ltd - 2018-074 (26 February 2019)
2018-074

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

Decisions
Department of Child, Youth and Family Services and Television New Zealand Ltd - 2006-058
2006-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item discussed controversial issue of public importance because it dealt with the actions of government department charged with the care of vulnerable children – TVNZ not required to detail nature of more serious allegations – not required to give further information about CYFS’ standard processes – item omitted critical information about evidential interviews of children – left viewers without a clear understanding of the reasons behind CYFS’ actions – upheld Standard 5 (accuracy) – item…...

Decisions
Armstrong and Schaab and Television New Zealand Ltd - 2003-062–065
2003-062–065

ComplaintSunday – euthanasia – interview with Lesley Martin charged with murder of terminally ill mother – some other views advanced – unbalanced ComplaintHolmes – euthanasia – interview with Lesley Martin – no other views advanced – unbalanced FindingsSunday – Standard 4 and Guidelines 4a and 4b – item not a debate about euthanasia and included range of personal stories – not unbalanced – no uphold FindingsHolmes – Standard 4 and Guidelines 4a and 4b – item involved interview with current newsmaker – her views about euthanasia balanced by other items during period of current interest – no uphold This headnote does not form part of the decision. Summary – Sunday [1] Euthanasia was the subject of an item on Sunday broadcast on TV One at 7. 30pm on 9 March 2003....

Decisions
Francis and Television New Zealand Ltd - 2007-041
2007-041

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed alleged rape victim in high-profile police trials – discussed whether current system in New Zealand was fair to alleged rape victims – allegedly unbalanced Findings Standard 4 (balance) – item omitted crucial information about evidence in police trials which was highly relevant to the controversial issue under discussion – majority uphold No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday entitled “Justice Denied” was broadcast on TV One at 7. 30pm on 11 March 2007. The item looked at the issues raised by the acquittal of three former Rotorua police officers (Brad Shipton, Bob Schollum and Assistant Police Commissioner Clint Rickards) in respect of a historical rape allegation. The reporter noted that the three men had also been acquitted in the high profile rape trial involving Louise Nicholas....

Decisions
RT and Television New Zealand Ltd - 2007-087
2007-087

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Decisions
Wyn-Harris and Television New Zealand Ltd - 2017-047 (4 September 2017)
2017-047

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles....

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