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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…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-160 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (Otago District) Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod...

Summary [This summary does not form part of the decision. ] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unresolved insurance claims participated in the programme. The Authority upheld a complaint that the broadcast breached the controversial issues and accuracy standards because the programme did not include the insurance industry's perspective and was misleading about the industry's willingness to participate in the programme. Upheld: Controversial Issues, Accuracy Order: Section 13(1)(a) – broadcast statement Introduction [1] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unsettled insurance claims participated in the programme....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – interview with Ruth Money from Sensible Sentencing Trust regarding a proposed amendment to the Parole Act 2002 – Ms Money expressed her view that the amendment “did not go far enough” and that parole hearings should be abolished altogether – allegedly in breach of standards relating to controversial issues, accuracy and fairnessFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheld Standard 5 (accuracy) – Ms Money’s statements amounted to comment and opinion and were therefore exempt from standards of accuracy under guideline 5a – concerns about misleading impression regarding parole board hearing process adequately addressed under controversial issues standard…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 91/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTHLAND FUEL INJECTION LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item examining the firearms licensing system and whether it was “too easy to get your licence” – showed hidden camera footage of volunteers taking firearms safety test – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – majority considers item failed to properly explain the place of the firearms safety test within the entire licensing scheme – viewers deprived of a significant perspective on whether it was too easy to obtain a firearms licence in New Zealand – majority uphold Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – item did not denigrate or treat MSC instructors unfairly – licensed firearms-holders not a “section of the community” as envisaged by the guideline – not upheld No Order This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-114 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROAD TRANSPORT FORUM NEW ZEALAND Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with Garth McVicar from the Sensible Sentencing Trust regarding a 21- month prison sentence given to a man found guilty of illegally selling his large gun collection on the black market – discussion about whether sentences in New Zealand were long enough – allegedly unbalanced Findings Standard 4 (balance) – item discussed a controversial issue of public importance – viewers only provided with one significant viewpoint – upheld No Order This headnote does not form part of the decision. Broadcast [1] A segment during Breakfast, broadcast on TV One at 7. 10am on Thursday 18 December 2008, included an interview with Garth McVicar from the Sensible Sentencing Trust. The interview focused on the previous day’s sentencing of a man to 21 months imprisonment for illegally selling his large gun collection on the black market....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about timber treatment T1. 2 or TimberSaver – discussed concerns that the product was defective and putting homes at risk – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – seen overall, item seriously criticised TimberSaver product – no scientific evidence provided to refute criticisms – no evidence provided of quality and suitability of product – unbalanced – upheld Standard 5 (accuracy) – scientist on programme not independent – conflict of interest – contrary to guideline 5e – upheld – other aspects of accuracy complaint not upheld Standard 6 (fairness) – seen overall, item unfair to Osmose – upheldOrdersBroadcast of a statement Payment of legal costs of $5,000 Payment of costs to the Crown $2,000This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel's arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel's treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly....

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

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

Complaint under section 8(1B)(b)(i)) of the Broadcasting Act 1989Nine to Noon – contained a discussion about the 'three strikes' legislation – involved only participants who opposed the legislation – allegedly unbalanced, inaccurate, unfair and irresponsible – broadcaster upheld part of the accuracy complaint but declined to uphold remaining aspects of the complaintFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheldStandard 5 (accuracy) – two aspects of the item were misleading in the absence of balancing or challenging comment – broadcaster did not make reasonable efforts to ensure item did not mislead – upheld No Order This headnote does not form part of the decision....