Search

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item reported on couple's experience with the complainant, a mechanic – included disputed claims about couple's dealings with mechanic – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – item created negative impression of the complainant but he was provided with a fair opportunity to comment and his response was fairly presented in the item – complainant treated fairly – not upheldStandard 5 (accuracy) – claims presented as couple's interpretation and opinion of events, not points of fact (guideline 5a) – viewers would have understood that claims were one side of the story and were disputed by the complainant so they would not have been misled – not upheld This headnote does not form part of the decision....

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 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…...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – two related items, broadcast on different dates, contained footage of a reporter talking on his cell phone – viewers could hear what was being said by the person on the other end of the line – allegedly in breach of law and order, privacy and fairness Findings Standard 2 (law and order) – items did not promote, condone or glamorise criminal activity or encourage viewers to break the law – not upheld Standard 3 (privacy) – man knew he was speaking to a reporter – would have realised the conversations would be reported on in some manner – sufficient public interest – not upheld Standard 6 (fairness) – items treated the man fairly – not upheld This headnote does not form part of the decision....

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....

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....

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....

ComplaintFair Go – item about pamphlet distributed by complainant – a legal firm – offering assistance to victims of sexual abuse in dealing with ACC – failed to maintain standards of law and order – unbalanced and complainant’s response presented inadequately – unfair as the victim’s (Sally) waiver whose story told was incomplete – inaccurate – hearing sought in view of numerous complex legal and factual issues – application declined – disclosure of field tape of interview with "Sally" and assorted correspondence sought Decision on disclosure applicationDeclined This headnote does not form part of the decision. INTERLOCUTORY 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....

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

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. 1991-033:Rutherford and Television New Zealand Ltd - 1991-033 PDF1. 11 MB...

Download a PDF of Decision No. 1991-065:Effron and Television New Zealand Ltd - 1991-065 PDF372. 4 KB...

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...

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...

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....

Download a PDF of Decision No. 1992-005:Auckland District Law Society and Television New Zealand Ltd - 1992-005 PDF1. 07 MB...