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Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...

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....

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....

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…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item revisited a previous report that was critical of a real estate contract between Ms K and the National Property Centre – revisited a number of issues from the original item including the actions of the agent involved in drawing up the contract, some of the contract’s terms and conditions, another contract between related parties for renovation work and two caveats that had been placed on the property – item allegedly in breach of privacy, balance, accuracy and fairness standards Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not specify how the item was inaccurate – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond – not upheld This headnote does not form part of the decision....

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

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-059 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTH ISLAND HOUSE RELOCATORS LTD of Springs Junction Broadcaster TELEVISION NEW ZEALAND LIMITED Members L M Loates R McLeod J Withers...

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....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on the stories of two families (A and B) and their experiences with The Welcome Home Foundation (now called the Home Funding Group) (together, HFG). Both families claimed that they lost money through their involvement with HFG, which provided financial support and the ability to hold money ‘on trust’ towards a deposit for a home. The Authority did not uphold a complaint from the director of HFG, Luke Atkins, that the broadcast breached the accuracy, fairness and balance standards. While one aspect of the item was found to be inaccurate by the broadcaster, the Authority found that the action taken in the circumstances was sufficient....

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 70/94 Dated the 22nd day of August 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 L. M. Dawson...

ComplaintFair Go – auction of house – sale fell through – house resold to unsuccessful bidder – unreasonable to charge two commissions – unfair – unbalanced Findings(1) Standard G4 – promo – unfair – uphold (2) Standard G4 – items explained issues fairly – no uphold – Standards G6, G7 G11(i) – subsumed No Order This headnote does not form part of the decision. Summary Fair Go, a consumer advocate programme, is broadcast weekly on TV One at 7. 30pm. In the episodes broadcast on 12 and 19 July 2000, it reported that the vendor of a house believed that he had been unfairly charged a second commission by real estate agents after a first sale had fallen through and a subsequent sale had been made. His belief was alluded to in a promo for Fair Go which was broadcast on a number of occasions....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go Ad Awards – two teams of advertisers were asked to “sell us Quade Cooper for New Zealand’s next Prime Minister” during live advertising awards – included comments such as, “everyone hates Quade Cooper” – allegedly in breach of fairness and discrimination and denigration FindingsStandard 6 (fairness) – piece was intended to be light-hearted and humorous, rather than malicious or abusive – presented in the spirit of good-natured ribbing and team rivalry – Mr Cooper not treated unfairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

ComplaintFair Go – “Fair Go Ad Awards” – presenter lampooned margarine advertisement – sexual suggestions allegedly offensive and unsuitable for childrenFindings Standard 1 – sexual innuendo oblique and inexplicit – comedy – not upheld Standard 9 – not unsuitable for children in context – not upheld This headnote does not form part of the Decision Summary [1] The annual “Fair Go Ad Awards” included a segment during which the presenter lampooned an advertisement for margarine, which had been nominated for “worst ad”. The episode of Fair Go was broadcast on TV One at 7. 30pm on 15 October 2003. [2] Geoff New complained to Television New Zealand Ltd, the broadcaster, that the parodies contained sexually suggestive material which breached standards of good taste and decency and was unsuitable for children. [3] In response, TVNZ disagreed that the programme breached broadcasting standards....