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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....

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...

Summary[This summary does not form part of the decision. ]An item on Fair Go investigated a case of alleged elder financial abuse by a man, P against a 90-year-old woman, E. The programme also featured P's 'mentor' (M), a spokesperson from E's bank and comment from E and her grandson. The Authority did not uphold a complaint that the item was unfair, inaccurate and unbalanced. Both P and M were given a fair and reasonable opportunity to comment, the broadcaster made reasonable efforts to ensure the item was accurate and the item did not discuss a controversial issue of public importance which required the presentation of alternative views. Not Upheld: Fairness, Accuracy, Controversial IssuesIntroduction[1] An item on Fair Go investigated a case of alleged elder financial abuse....

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....

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....

The Authority has upheld a complaint that an item on Fair Go was unfair to the fencing contractor investigated. The Authority found that the fencing contractor was not treated fairly, due to the way he was set-up to be interviewed (under the guise of calling him to a job) and because he was not given a fair and reasonable opportunity to respond to the allegations made against him in the programme. The Authority also found that the inclusion of information about the contractor’s past which had a criminal element was unfair as it was not relevant to the issues being investigated in this item and contributed to an unfairly negative impression of him. The accuracy complaint was not upheld as the item did not mislead or present inaccurate information, and the balance standard did not apply as the item did not discuss a controversial issue of public importance....

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....

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

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...

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(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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 86/94 Dated the 20th day of September 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...

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 OrderThis 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. A doctor from ACC said it may well have been unethical for a doctor to use finance as a barrier to treatment....

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....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item interviewed Christchurch women who wanted to cancel their gym contracts due to the closure or relocation of premises – reported that Configure Express Northlands had relocated but that members could not cancel their contracts without incurring financial loss – barrister gave legal advice that the contracts had been frustrated and were unenforceable – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – item contained comments from two women which suggested their issues related solely to relocation, that the gym refused to refund them and that they would be significantly out of pocket – omitted important information about the women’s individual circumstances – impression not mitigated by opportunity given to the complainant to respond to the issues – reasonable to expect Fair Go to adhere to the same high standards the programme imposes on others – complainant…...

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

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....