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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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-094 Decision No: 1996-095 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLIED MUTUAL INSURANCE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – use of the word “shit” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – presenter used the word “shit” as an expression of his pain and frustration – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During Fair Go, broadcast on TV One at 7. 30pm on 23 March 2011, one of the presenters discussed his frustration with attempting to assemble a “spring-free” trampoline. Having nearly finished putting the trampoline together, the presenter discovered that he had inserted the rods under the trampoline into the wrong holes. He remarked, “So we have to undo all those? Shit. ” He went on to say, “Getting them out is almost worse than getting them in, and more hazardous....

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-090 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WACO COATINGS AND CHEMICALS LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-174 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MONIQUE BARDEN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary [This summary does not form part of the decision. ] A Fair Go item reported on the New Zealand Industrial Fuel Duty Agency (NZIFDA), a business set up to obtain refunds, on behalf of eligible customers, for excise duty placed on off-road fuel usage in some instances. A former employee of NZIFDA criticised the business and the person who ran it. The Authority did not uphold the complaint from the person who ran the business, that the item was inaccurate and misleading and used ‘loaded’ language to suggest wrongdoing. The item was clearly framed from the perspective of the former employee, her comments were clearly her personal opinion, the complainant was given a reasonable opportunity to give a response, and his response was fairly included in the programme....

An appeal against this decision was allowed in part in the High Court with the Authority instructed to amend its order: AP158/91 PDF (204. 76 KB)Download a PDF of Decision No. 1991-025:Mansell and Television New Zealand Ltd - 1991-025 PDF683. 79 KB...

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item reported on saving fuel costs – contained a number statements about hybrid cars, including the following comment which referred to the Toyota Prius, “The bottom line is that the British Consumer’s Institute just did a comparison between a diesel car and a hybrid car and found that the diesel car was in fact more efficient....

Download a PDF of Decision No. 1991-033:Rutherford and Television New Zealand Ltd - 1991-033 PDF1. 11 MB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 86/94 Dated the 20th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JARDINE INSURANCE BROKERS LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough...

ComplaintFair Go – item about identity theft – reporter obtained driver’s licence in someone else’s name – item failed to maintain standards of law and order – unbalanced – inaccurate – unfair FindingsStandard 2 referred only – no encouragement to break the law – fraud and crime elements emphasised – high public interest and educative value – no uphold This headnote does not form part of the decision. Summary [1] An item on Fair Go examined the issue of identity theft. It featured a Fair Go reporter investigating the issue by obtaining a driver’s licence in someone else’s name. The item was broadcast on TV One at 7. 30pm on 9 April 2003. [2] The Land Transport Safety Authority (LTSA) complained to Television New Zealand Ltd, the broadcaster, that the item had failed to refer to the "criminal" actions of the reporter in obtaining the driver’s licence....

Summary [This summary does not form part of the decision. ]An item on Fair Go investigated a Christchurch roofer who had failed to complete a number of jobs for which he had already taken payment from customers. The roofer was interviewed on his doorstep, and explained he had mental health issues. The Authority did not uphold the complaint that the item breached the man’s privacy because it revealed his mental health status. The roofer willingly discussed his mental health with the reporter, including on camera, as part of his explanation in response to the customers’ claims, so he could not reasonably expect that information would remain private. Not Upheld: Privacy Introduction[1] An item on Fair Go investigated a Christchurch roofer who had failed to complete a number of jobs for which he had already taken payment from customers....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item discussed the case of an elderly woman who bought an expensive vacuum cleaner from a door-to-door salesman – item included an interview with the door-to-door salesman and a representative from the Consumers’ Institute – allegedly unbalanced, unfair and the action taken subsequently to correct an inaccuracy was insufficient Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – action taken by the broadcaster to correct the inaccuracy was sufficient – not upheld Standard 6 (fairness) – item gave the company and salesman an adequate opportunity to respond – host’s comment did not imply companies that sold expensive vacuum cleaners were dishonest – not upheld This headnote does not form part of the decision....

ComplaintFair Go – comments about complainant which collects membership fees for fitness centres – complaint that item unbalanced, inaccurate and unfair Findings Standard 4 – subsumed under Standard 6 Standard 5 – subsumed under Standard 6 Standard 6 – one aspect of discussion of credit contracts omitted relevant information provided by complainant – unfair – uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] Some of the activities of Adfit Membership Services Ltd, a company which collects membership fees for more than 100 fitness centres, were investigated in an item on Fair Go, broadcast on TV One at 7. 30pm on 10 September 2003. Fair Go is a consumer rights programme which looks at issues from the consumers' perspective....