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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....

Summary A car buyer, disappointed with his purchase from a car dealer, was the subject of an item on Fair Go broadcast on TV One on 9 September 1998. It was reported that the vehicle he had agreed to purchase had been involved in a serious accident in France, and that the rebuilt vehicle did not meet New Zealand safety standards. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that he and his company were unfairly treated on the programme and that it lacked balance. In particular, he complained that the programme’s implication that it had been agreed that the vehicle would meet original specifications was a gross misrepresentation of the facts. He also complained about the fact that he was identified as being the person responsible for the sale, when he had merely facilitated a negotiation....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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: 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...

Summary An item on Fair Go reported on a dart-throwing competition which had been won by an Auckland man. The competition had been organised by a promoter, who had arranged insurance for the event with his United States principal. After the competition had been won, the principal refused to accept the claim, asserting the winner’s throw had been wind-assisted. The item suggested the wind would not necessarily have assisted the winner. It also suggested that a competition clause excluding "assistance" for dart throwing had been utilised by the promoter to escape his liability to the winner. The item was broadcast on TV One on 21 April 1999 commencing at 7. 30pm....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – downloadable episode of programme on TVNZ’s website – issue as to Authority’s jurisdiction to consider complaint Findings Not a broadcast within the terms of the Broadcasting Act 1989 – no jurisdiction to consider complaintThis headnote does not form part of the decision. Background [1] Fair Go, broadcast on TV One on 14 April 2004, featured a property development company of which Kevin Davies was a director. [2] Mr Davies complained to Television New Zealand Ltd on 4 June 2004, alleging that the programme breached standards of balance, fairness and accuracy. [3] TVNZ declined to accept his complaint, as it was lodged outside the 20 working-day period specified in section 6(2) of the Broadcasting Act 1989....

SummaryLight-hearted skits displaying some of the dangers for naïve first time house buyers were broadcast as items on Fair Go between 7. 30–8. 00pm on 14 and 21 October 1998. The Real Estate Institute of New Zealand Inc. complained to Television New Zealand Ltd, the broadcaster, that each item was a satire in which the script questioned the integrity of real estate agents, and presented them as unscrupulous. It sought an apology. Maintaining that the items contained scenarios which illustrated the pitfalls faced by home buyers if they failed to make proper checks, TVNZ said that they were designed to inform and not to ridicule. They provided basic educational material and, it said, did not imply that agents would deliberately mislead. TVNZ did not uphold the complaint. Dissatisfied with TVNZ’s decision, the Institute referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

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…...

ComplaintFair Go – item about pamphlet distributed by complainant – a legal firm – offering assistance to victims of sexual abuse in dealing with ACC – item failed to maintain standards of law and order – unbalanced and complainant’s response presented inadequately – unfair as story subject’s waiver was incomplete – inaccurate – hearing sought in view of numerous complex legal and factual issues Decision on application for hearingDeclined This headnote does not form part of the decision. INTERLOCUTURY DECISION Background [1] A pamphlet offering assistance to victims of sexual abuse in securing compensation from ACC was distributed by the complainant – a legal firm. On behalf of a victim, named as "Sally", Fair Go reported her dissatisfaction with the complainant and investigated the propriety of a pamphlet of this kind. The item was broadcast on Fair Go on TV One at 7. 30pm on 26 June 2002....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item focused on couple who received verbal estimate for plumbing work that was significantly less than the final bill – included interview with the couple and the plumber –advised viewers on how to avoid unanticipated costs by obtaining written quotes – allegedly unfair to plumber FindingsStandard 6 (fairness) – plumber provided with a fair and reasonable opportunity to comment and his viewpoint was adequately reflected in the item – item did not create unfairly negative representation of plumber’s character or conduct – high level of public interest in advice provided to tradespeople and consumers – plumber treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – carried out testing on imported and locally produced olive oil – stated that sensory panel was “IOC accredited” and its supervisor was “the only person qualified by the IOC… to convene a sensory panel” – reported that all European imports failed sensory test and two failed chemical test – allegedly in breach of accuracy and fairness standardsFindingsStandard 5 (accuracy) – references to IOC accreditation were inaccurate and gave greater status to the testing than was justified – broadcaster was put on notice that the testing was not “IOC accredited” but nevertheless made statements of fact to that effect – upheld Standard 6 (fairness) – notwithstanding finding one aspect of the programme was inaccurate, complainant was given a fair and reasonable opportunity to respond and mitigate any resulting unfairness, and its response was adequately presented – not upheld No Order This headnote does…...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Fair Go – use of term “Jap import” in referring to second-hand cars – allegedly derogatory Findings Standard 6 (fairness) and Guideline 6g (discrimination and denigration) – term commonly used in a colloquial setting to describe second-hand cars imported from Japan – when used appropriately in context does not carry racially derogatory meaning – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Fair Go on TV One on 26 May 2004, the presenter twice used the phrase “Jap import” to refer to second hand cars imported into New Zealand from Japan. The item was about imported cars which had been recalled for safety reasons. Complaint [2] E W Doe complained to Television New Zealand Ltd, the broadcaster, that the term “Jap import” was derogatory and “perpetuate[d] ignorant and intolerant racist attitudes”....

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....

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...

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....

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....