New Decisions: National Party tweet did not mislead intended consumers, Labour Party Facebook post did not breach Code, and more
The following decisions have been released to the ASA website:
- Complaint 21/134 Ryman Healthcare, Print, Not Upheld in Part, Settled in Part
- Complaint 21/140 Sky Television, Neon, Television, No Grounds to Proceed
- Complaint 21/144 Health Promotion Agency and Ministry of Health, Vape to Quit Strong, Television, Not Upheld
- Complaint 21/147 @monique_bree Instagram, Settled
- Complaint 21/153 @nutritionbyginarose, Instagram, Settled
- Complaint 21/155 @claire_collette, Instagram, Settled
- Complaint 21/162 Zoom Pharmacy, Website, Settled
- Complaint 21/164 The Coffee Club, Out of Home, Settled
- Complaint 21/167 ACT Party, Facebook, Settled
- Complaint 21/172 @hannahmellsop, Instagram, Settled
- Complaint 21/176 @nutritionbyginarose, Instagram, Settled
- Complaint 21/177 Peter Kelly, Bayleys Real Estate, Radio, No Grounds to Proceed
- Complaint 21/184 The Warehouse Ltd, Television, No Grounds to Proceed
- Complaint 21/195 Goodman Fielder, Freyas Bread, Television, No Grounds to Proceed
- Complaint 21/199 Thai to Go, Radio, No Grounds to Proceed
- Complaint 21/203 Ministry of Health, Quit Strong, Out of Home, No Grounds to Proceed
- Complaint 21/212 Total Health Chiropractic, Digital Marketing, Settled
- Complaint 21/160 Universal Church of the Kingdom of God UUKCG) Television, No Grounds to Proceed
- Complaint 21/161 New Zealand National Party, Twitter, Not Upheld
- Complaint 21/170 New Zealand Labour Party, Facebook, Not Upheld
- Complaint 21/174 Worksafe New Zealand, Television, Not Upheld
- Complaint 21/180 Woolworths New Zealand Limited, Countdown, Website, Not Upheld
- Complaint 21/185 Motordrome, Radio, Settled
- Complaint 21/196 Casumo, Television, No Grounds to Proceed
- Complaint 21/210 Biotrace, Website, Settled
- Complaint 21/216 Southern Regional Development Agency, Television, No Grounds to Proceed
- Complaint 21/219 Lifestream, Website, Settled
- Complaint 21/223 Slingshot, Television, No Grounds to Proceed
National Party tweet did not mislead intended audience
The National Party Twitter post included a video of the National Party’s Shadow Treasurer Andrew Bayly talking about the Labour Government’s announcement on its new housing policy. Andrew Bayly said: “If you spend five years not living in your family home and end up selling it… you will have to pay the tax on any increase in the capital gain of your property…”.
Two Complainants were concerned the advertisement was misleading because in the example given, the tax would only apply for the five years the person did not live in the house.
In their response, the Advertiser provided evidence the statement was consistent with the language used in the Inland Revenue Department’s official explanation of the proposed changes.
The Complaints Board considered the advertisement and agreed, in the context of political advocacy advertising, it did not reach the threshold to be misleading. The Board acknowledged the detail of the new policy is complex and not easy to summarise in a short video, however the Advertiser had substantiated the likely consumer take-out of the advertisement.
The Complaints Board ruled the complaint was Not Upheld.
Labour Party Facebook post did not breach Code
The New Zealand Labour Party Facebook advertisement was captioned “…We’re announcing a package of urgent and long term changes that will increase housing supply, relieve pressure on the market and make it easier for first home buyers…” Below was a series of bullet points under the heading “We’re taking urgent action to tackle the housing crisis by: …” One of the bullet points said: “Closing a long-standing tax loophole that benefits property speculators.”
The Complainant was concerned the advertisement was misleading as they believed the policy was a “tax on tenants” and will not in any way address the housing crisis.
In their response, the Advertiser stated the post was an expression of opinion regarding future outcomes that will result from housing policy announcements.
The Complaints Board considered the complaint and agreed the advertisement fell under the category of political advocacy advertising. The Board agreed the statement “Closing a long-standing tax loophole that benefits property speculators” did not require substantiation as it was presented as an opinion and reflected the Advertiser’s position on their new housing policy.
The Complaints Board ruled the complaint was Not Upheld.