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Decisions
Edgewell Personal Care and Television New Zealand Ltd - 2021-077 (15 September 2021)
2021-077

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...

Decisions
Strata Title Administration Ltd and Television New Zealand Ltd - 2004-214
2004-214

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about complaints from spokespersons representing the Bodies Corporate of four residential complexes – all were dissatisfied with Strata Title Administration Limited and its director Michael Chapman-Smith – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – issue essentially one of fairness – not upheld Standard 5 (accuracy) – inaccurate to state that Mr Chapman-Smith had agreed to an interview and then changed his mind – other statements not inaccurate – one aspect upheld Standard 6 (fairness) – overall item was fair – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An item on Fair Go broadcast on TV One at 7. 30pm on 13 October 2004 examined complaints from spokespersons representing the Bodies Corporate of four residential complexes – Tuscany Towers, Ponsonby Crest, Waterford Apartments and Garden Grove....

Decisions
Everitt and Television New Zealand Ltd - 1999-149, 1999-150
1999-149–150

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....

Decisions
Baty and Television New Zealand Limited - 1999-171
1999-171

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....

Decisions
Schwabe and Television New Zealand Ltd - 2011-076
2011-076

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....

Decisions
Real Nappies Ltd and Television New Zealand Ltd - 2020-148 (31 March 2021)
2020-148

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...

Decisions
EJ, Oughton & Gulf Harbour Healthcare Ltd and Television New Zealand Ltd - 2019-035 (29 October 2019)
2019-035

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....

Decisions
Baby Relax (NZ) Ltd and Television New Zealand Ltd - 1993-161
1993-161

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

Decisions
Davies and Television New Zealand Ltd - 2004-207
2004-207

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....

Decisions
Moodley and Television New Zealand Ltd - 2001-059, 2001-060
2001-059–060

ComplaintFair Go – repairs to computer unsatisfactory and costly – inaccurate – unbalanced – misleading – breach of privacy. FindingsStandard G1 – Authority not appropriate body to determine factual disputes – no uphold Standards G6 – not applicable Standard G4 – use of secret microphone by protagonist – unfair – uphold Privacy principle (iii) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on Fair Go on 15 November 2000 investigated a complaint from the owner of a computer about the extent and the cost of some repair work carried out by Auckland Computer Services. Fair Go is a consumer advocacy programme broadcast weekly at 7. 30pm on TV One. Steve Moodley, trading as Auckland Computer Services, complained to Television New Zealand Ltd, the broadcaster, about the item....

Decisions
Ferrabee and Television New Zealand Ltd - 2016-090 (19 April 2017)
2016-090

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....

Decisions
Waco Coatings and Chemicals Ltd and Television New Zealand Ltd - 1996-090
1996-090

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...

Decisions
Free FM Radio
1996-094–095

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...

Decisions
Gough and Television New Zealand Ltd - ID2012-079
ID2012-079

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…...

Decisions
Hutchison and Television New Zealand Ltd - 2013-002
2013-002

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....

Decisions
DD and Television New Zealand Ltd - 2014-110
2014-110

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....

Decisions
Wakefield Associates and Television New Zealand Ltd - 2002-179
2002-179

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....

Decisions
Hingston and Television New Zealand Ltd - 2002-076
2002-076

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....

Decisions
Withey and Television New Zealand Ltd - 2012-126
2012-126

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....

Decisions
Radisich and Television New Zealand Ltd - 1999-002
1999-002

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....

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