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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – 18 February item on family who had booked a motor-home holiday around New Zealand – paid a deposit of $4070 – family unable to take holiday due to a death in the family – motor-home company refunded them $852 – programme alleged this was unfair and in breach of the law – manager of the company was interviewed and agreed to abide by the findings of an independent accountant – allegedly inaccurate and unfair Fair Go – 25 February follow up item recapped events from original item – included interviews with the independent accountant and the company's manager – after receiving an adverse finding by the accountant, the manager apologised to the family and gave them a cheque refunding the remainder of their deposit – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11b of…...

Summary The situation faced by the original owners of some pensioner flats in Kaiapoi was addressed in an item on Fair Go broadcast at 7. 30pm on TV One on 12 May 1999. The item reported that when the owners featured on the programme had purchased their flat in the mid-seventies from the local authority, they had agreed to sell it back to the Council for the same price when they left. The item disclosed that the original prices were between $13,000 and $17,000, and the properties were now worth between $65,000 and $75,000. The ethics of the Waimakariri District Council in enforcing the agreement were questioned, and it was suggested to viewers that they write to the Council expressing their opposition to the policy....

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

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...

The Authority has not upheld a complaint about an item on Fair Go which covered a customer’s experience in purchasing a second-hand vehicle from Universal Imports. The customer did not obtain a pre-purchase report and when the vehicle broke down she attempted to reject the purchase under the Consumer Guarantees Act. A Motor Vehicle Disputes Tribunal ruling found in her favour. After the ruling, she ‘copped abuse, personal insults and name calling’ connected with the Universal Imports issues. The complainant alleged the programme was unfair to Universal Imports and its owner, and was inaccurate in how it presented the situation. The Authority found the business and its owner were given a fair and reasonable opportunity to comment for the programme, and the programme was materially accurate. The complainant’s concerns about the use of aspects of his YouTube videos are not capable of being addressed under the standards....

Download a PDF of Decision No. 1993-161:Baby Relax (NZ) Ltd and Television New Zealand Ltd - 1993-161 PDF1. 3 MB...

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

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...

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

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…...

SummaryAward of Costs – Re Decision No: 1996-094 and 1996-095Pursuant to its powers under s. 16 of the Broadcasting Act 1989 to award such costs and expenses as are reasonable, the Authority has exercised its discretion to award costs to Allied Mutual Insurance Ltd, following its decision to uphold AMI's complaint about that Fair Go programme broadcast on TV One on 18 March 1996 lacked balance. The Authority records that it invited and received submissions from Allied Mutual Insurance Ltd and from Television New Zealand Ltd on the question of costs and, after careful consideration of the arguments from both parties, it decided an award of costs was appropriate in all of the circumstances of the case. CostsUnder s. 16 of the Broadcasting Act 1989, the Authority orders Television New Zealand Ltd to pay costs to Allied Mutual Insurance Ltd in the sum of $3000....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Download a PDF of Decision No. 1991-001:Cook and Television New Zealand Ltd - 1991-001 PDF301. 93 KB...

Summary [This summary does not form part of the decision. ]Fair Go reported on an elderly man who had difficulties with his dentures and explored his legal rights. The Authority declined to uphold a complaint from the dentist who made the dentures, finding that he was only identifiable to a very limited group of people, no private facts were disclosed about him and the disclosure was not highly offensive as he was not portrayed in an overly negative light. Not Upheld: Fairness, Privacy, Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Fair Go discussed the case of an elderly man, X, who complained of difficulties with his new dentures. [2] X's dentist, DD, complained that the item reflected negatively on his dental practice and the services offered to X, which breached his privacy and was unfair....

Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item interviewed Christchurch women who wanted to cancel their gym contracts due to the closure or relocation of premises – reported that Configure Express Northlands had relocated but that members could not cancel their contracts without incurring financial loss – barrister gave legal advice that the contracts had been frustrated and were unenforceable – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – item contained comments from two women which suggested their issues related solely to relocation, that the gym refused to refund them and that they would be significantly out of pocket – omitted important information about the women’s individual circumstances – impression not mitigated by opportunity given to the complainant to respond to the issues – reasonable to expect Fair Go to adhere to the same high standards the programme imposes on others – complainant…...

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....

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 order AppealConsent order – appropriateness of no order(s) being imposed remitted back to the Authority Findings on ReconsiderationNo order appropriate This 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....

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....