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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 91/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTHLAND FUEL INJECTION LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

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

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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: 1997-113 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LANCASTER SALES AND SERVICE LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

SummaryA Fair Go item broadcast on TV One on 5 August 1998 dealt with the attempt by a motor vehicle dealer to repossess a couple’s car. It was reported that the owner of the company had been fined by the Motor Vehicle Dealers Institute for misconduct. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that the broadcast was unfair, unbalanced and impartial because it was the company, and not the individual, which had been fined. In its response, TVNZ pointed out that Mr Radisich, as Chief Executive, was responsible for the company’s business and it did not consider that the item had been unfair to name him. It advised that it was unable to find any aspect which lacked balance or impartiality and declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Radisich’s solicitor referred the complaint to the Broadcasting Standards Authority under s....

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....

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....

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…...

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

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....

Download a PDF of Decision No. 1991-033:Rutherford and Television New Zealand Ltd - 1991-033 PDF1. 11 MB...

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....

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....

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....

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…...

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...

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....

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....