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Decisions
Ministry of Social Development and Television New Zealand Ltd - 2009-054
2009-054

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – item featured a man who had been made redundant – claimed he was not eligible for the Government’s ReStart package – allegedly inaccurate FindingsStandard 5 (accuracy) – item inaccurate in stating that the man was not eligible for ReStart – also omitted the fact that the man received holiday pay which meant he was effectively on full pay until a week before ReStart payments began – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 29 January 2009, featured a man who had been made redundant from his printing job and now found that his redundancy pay was dwindling and he was struggling to buy food and pay bills....

Decisions
Burnby and Television New Zealand Ltd - 2009-157
2009-157

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about large-scale animal neglect on a farm owned by one of New Zealand’s largest dairy producers – included footage of the complainant – allegedly inaccurate, unbalanced and unfair FindingsStandard 5 (accuracy) – viewers would not have been misled into believing the complainant was involved with animal cruelty on the farm – item accurate on material points of fact – majority – not upheld Standard 6 (fairness) – parts of the item borderline, but fair overall – complainant given adequate opportunity to respond – complainant’s behaviour contributed to the way in which she was portrayed – majority – not upheld This headnote does not form part of the decision....

Decisions
Nottingham and Television New Zealand Ltd - 2006-035
2006-035

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....

Decisions
Kozeluh and Television New Zealand Ltd - 2010-054
2010-054

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Bert Potter – programme was a case study of Bert Potter based on analysis by a clinical psychologist and recollections of former members of his Centrepoint commune – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programme was a case study by psychologist of Bert Potter and his involvement in Centrepoint – historical interest for viewers but no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccurate points of fact – programme would not have misled viewers – not upheld Standard 6 (fairness) – no individuals or organisations treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Hon Richard Prebble MP and Television New Zealand Ltd - 2000-167
2000-167

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

Decisions
Helm and TV3 Network Services Ltd - 1996-063
1996-063

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-063 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROGER HELM of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Brider and Television New Zealand Ltd - 1996-101
1996-101

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-101 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M R BRIDER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Sidani and Zarifeh, on behalf of the Wellington Palestine Group, and Television New Zealand Ltd - 1998-098
1998-098

Summary A trailer broadcast during the news hour on One Network News on 20 May 1998 between 6. 00-7. 00pm advised that New Zealand’s Rugby Sevens team was at "Israel’s Wailing Wall". The item itself included a caption which identified the Wailing Wall as being in Jerusalem, and the script identified it as part of Israel. The Wellington Palestine Group, through a representative, complained to Television New Zealand Ltd, the broadcaster that both the trailer and the item perpetuated an untruth, as the Wailing Wall was not part of Israel. The group said it objected to seeing TVNZ being used as a vehicle for Israeli propaganda. TVNZ responded that both the trailer and the item were in error in describing the Wailing Wall as being in Israel. On these points the complaint was upheld....

Decisions
Butler and Television New Zealand Ltd - 2008-045
2008-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on two National MPs and whether they supported the National Party’s stance on global warming – included footage of a reporter asking the MPs whether they believed in global warming – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item was not about global warming – item looked at whether the personal views of two National MPs regarding climate change were consistent with their party’s stance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – reporter asked legitimate questions in a professional manner – MPs treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Barker and Television New Zealand Ltd - 1999-012
1999-012

SummaryPreparations were proceeding for an early election in April 1999, according to the promo for news items broadcast on TV One at about 9. 30pm on 19 November 1998. In the item on Tonight it was reported that preparations were under way for the possibility of an early election. Mrs Barker complained to Television New Zealand Ltd, the broadcaster, that the promo was an inaccurate summary of the item to follow, as it failed to clarify that the preparations were being made only on the basis that there was a possibility of an early election. She argued that the promo was inaccurate, unreliable and a distortion of the item which followed. TVNZ responded that both the promo and the item were accurate in reporting that in the Electoral Office, planning was under way for an early election....

Decisions
Fraser and Television New Zealand Ltd - 2004-203
2004-203

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Decisions
George and Television New Zealand Ltd - 2002-084
2002-084

ComplaintOne News – Australian Governor-General – alleged cover-up of sexual abuse – Merepeka Raukawa-Tait interviewed – suggested Australians were hypocritical as their silence may have contributed to abuse – unbalanced – unfair – inaccurate FindingsStandard 4 and Guideline 4a – item balanced about matter of Governor-General’s tenure – no uphold Standard 5 – item accurate – no uphold Standard 6 and Guideline 6g – no evidence of denigration – no uphold This headnote does not form part of the decision. Summary [1] Controversy over the allegations that the Australian Governor-General, Dr Peter Hollingworth, had covered up sex abuse cases when Archbishop of Brisbane was dealt with in an item on One News, broadcast at 6. 00pm on 22 February 2002. The Chief Executive of Women’s Refuge in New Zealand, Merepeka Raukawa-Tait, when interviewed, suggested that the criticism directed at Dr Hollingworth was hypocritical....

Decisions
Department of Labour and Television New Zealand Ltd - 2004-131
2004-131

Joanne Morris, Chair of the Authority, declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about a report which disclosed internal fraud at the Immigration Service – allegedly unbalanced and misleading Findings Standard 4 (balance) – balance of perspectives aired – not upheld Standard 5 (accuracy) – no inaccuracies – not misleading – not upheld Standard 6 (fairness) – not part of original complaint – no jurisdiction to determine This headnote does not form part of the decision. Broadcast [1] The lead item on One News broadcast on TV One at 6. 00pm on 8 April 2004, concerned a report that reviewed the Immigration Service’s processes when dealing with investigations into allegations of internal corruption....

Decisions
McDonald and Television New Zealand Ltd - 2012-100
2012-100

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....

Decisions
Tan and Television New Zealand Ltd - 2013-027
2013-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Decisions
Kelly and Television New Zealand Ltd - 2006-101
2006-101

Chair Joanne Morris 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 1989One News – item about proposed Private Member’s Bill – said “a National MP’s plan to give more young people a chance of a job looks doomed to fail” – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item did not leave the impression that the bill was a positive thing – focused on the fact that the bill looked set to fail – appropriate range of significant perspectives presented – not upheld Standard 5 (accuracy) – introduction did not state as a fact that the bill would give young people more jobs – only stated that this was “a National MP’s plan” – not inaccurate – not upheld This headnote does not form part of the decision....

Decisions
Dougherty and Television New Zealand Ltd and TVWorks Ltd - 2010-142
2010-142

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and 3 News – items reported on New Zealand Film and Television Awards – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – material to be included in news items is a matter of editorial discretion not broadcasting standards – Authority declines jurisdiction to accept and consider the complaints on the grounds that Mr Dougherty did not lodge valid formal complaints with the broadcasters This headnote does not form part of the decision. Broadcast [1] On Sunday 19 September 2010, both One News (broadcast on TV One) and 3 News (broadcast on TV3) reported on the results of the Qantas Film and Television Awards which had been announced the previous evening. Complaints [2] Ian Dougherty made formal complaints to Television New Zealand Ltd and TVWorks Ltd, the broadcasters, alleging that the news items breached Standard 5 (accuracy)....

Decisions
Wolf and Television New Zealand Ltd - 2006-001
2006-001

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item mentioned Charlotte Dawson a number of times – allegedly unbalanced, inaccurate and unfairFindings Decline to determine complaint under s. 11(a) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch broadcast on TV2 on 8 November 2005 at 10pm contained a segment called “Save our Stars”, in which an actor went around the streets of Auckland collecting donations for various television presenters currently working for Prime Television. Correspondence [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, about the number of times Charlotte Dawson, a local celebrity, was mentioned in the programme. He argued that she had been referred to at least 11 times in the last 10 minutes of the episode, and submitted that Standards 4, 5 and 6 had been breached....

Decisions
Ferrabee and Television New Zealand Ltd - 2016-090 (19 April 2017)
2016-090

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

Decisions
Taylor and Television New Zealand Ltd - 2017-041 (24 July 2017)
2017-041

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

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