Frequently Asked Questions
Welcome to the ASA’s ‘Frequently Asked Questions’.
If you don’t find the answer to your question here, please contact us.
About the ASA
Anyone can complain about any advertisement that is targeting New Zealanders.
Complaints made by consumers are considered through our free consumer complaints process. Complaints made by an advertiser regarding a competitor to their own products are subject to a fee and considered through a separate competitor complaints process.
The ASA may decline to accept a complaint if the matter is outside our jurisdiction. More information on our jurisdiction and scope is available here.
In the consumer process, complainants are not expected to defend their complaint against the advertiser in any way. The onus is on the advertiser to provide evidence that their ad is compliant.
Some complaints are dealt with in a few days. Complaints that go to the Complaints Board can take two to three weeks. Detailed or complex complaints may take longer. The Complaints Board meets fortnightly to rule on complaints but can also meet at short notice if required.
One complaint can stop an advertisement but as a matter of natural justice, before this decision is made, if the Chair rules there is a case to answer, the advertiser, the advertising agency and the relevant media companies are given seven calendar days to respond to a complaint.
If the complaint is upheld by the Complaints Board, we request the advertisement be removed/changed and the compliance rate with these requests is 96%-99%.
The ASA Complaints Board makes decisions about complaints following responses from parties. The nine-member Complaints Board has five public and four industry representatives and meets fortnightly. The average time to deal with complaints is about nine days. This statistic includes complaints that take less time to process, such as no further action and settled decisions, while cases that go before the Complaints Board can take longer. Decisions may be appealed and if there are grounds for an appeal, the Appeal Board will re-consider the complaint. The Appeal Board has three members, two public and one industry and meets on demand.
No further action: This means the Chair of the Complaints Board has reviewed the complaint and has ruled a Code has not been breached, and no further action is required. This outcome may occur when a complaint is about an extreme interpretation, is trivial or vexatious, or if there is a precedent decision that relates to the same or similar advertising.
Upheld: This means the Complaints Board agreed with the issues raised by the complainant and the advertiser is asked to amend or remove the advertisement. The media platforms where the ad appears will also be requested to remove the advertisement.
Settled: When an advertiser either withdraws an advertisement or makes immediate changes (that the Chair considers satisfactory) to address the issues raised by the complainant, the complaint can be settled by the Chair.
Not upheld: This means the Complaints Board found the advertisement did not breach the Advertising Codes in relation to the complainant’s concerns.
No jurisdiction: Sometimes a complaint is outside the jurisdiction of the ASA. The ASA deals with complaints about advertisements that target NZ audiences. Highly technical complaints, matters of law or complaints about advertisements from outside of NZ, which are not targeting NZ consumers, are among advertising that is outside the ASA’s jurisdiction.
If an advertisement is found to be in breach of the ASA Codes, it must be removed or amended. This request is made to the advertiser, agency and media companies when they receive the decision. There is an excellent rate of compliance for this process that is essentially voluntary. In addition, all decisions are released to the media and often receive publicity. This reputational risk for advertisers is also a driver for compliance.
The work of the ASA is complementary to legislation. If a regulatory authority considers there has been a serious breach, then there are several Government agencies that could prosecute such a case, including the Commerce Commission, Medsafe, the Department of Internal Affairs, the Police, and the Financial Markets Authority.
The ASA has a database of decisions on its website. Parties to a complaint will receive a copy of the decision and be given a date that the decision will be available on the ASA website. Interested parties can subscribe to the ASA’s monthly Decisions Release email to be notified of the latest decisions.
Why are there no fines to make advertisers take down the advertisement if the complaint is upheld?
The ASA runs a voluntary process which deals with complaints about advertising in very short timeframes. If the advertisement is in breach of the Advertising Codes, it is removed or changed. This can be a considerable cost to the advertiser, depending on the type of advertisement or campaign. In addition, all the decisions are released to the public and media via the ASA website and are often reported on. This can result in a reputational risk for the company.
If the ASA had the ability to enforce a fine, our process would have to be more legalistic, and it would take longer. Ad campaigns are often short and action to address any concerns is needed quickly.
Government regulators can prosecute advertisers for misleading and deceptive conduct. These include the Commerce Commission, the Department of Internal Affairs, the Financial Markets Authority, the Ministry for Primary Industries, the Police and Medsafe.
Most advertisers support self-regulation and responsible advertising and don’t deliberately mislead or offend consumers. However, advertising is a creative business and does push boundaries from time to time. If the advertiser pushes too far and a complaint is upheld almost all advertisers will remove or change the advertisement.
The ASA may also refer the issue to a relevant industry organisation to request their assistance. In some cases, referral to the relevant regulator or local council may be considered.
Media coverage of decisions can also assist with compliance, along with consumer decisions not to engage with the relevant brand or company.
About Complaints
Anyone can complain about any advertisement that is targeting New Zealanders.
Complaints made by consumers are considered through our free consumer complaints process. Complaints made by an advertiser regarding a competitor to their own products are subject to a fee and considered through a separate competitor complaints process.
The ASA may decline to accept a complaint if the matter is outside our jurisdiction. More information on our jurisdiction and scope is available here.
In the consumer process, complainants are not expected to defend their complaint against the advertiser in any way. The onus is on the advertiser to provide evidence that their ad is compliant.
Some complaints are dealt with in a few days. Complaints that go to the Complaints Board can take two to three weeks. Detailed or complex complaints may take longer. The Complaints Board meets fortnightly to rule on complaints but can also meet at short notice if required.
One complaint can stop an advertisement but as a matter of natural justice, before this decision is made, if the Chair rules there is a case to answer, the advertiser, the advertising agency and the relevant media companies are given seven calendar days to respond to a complaint.
If the complaint is upheld by the Complaints Board, we request the advertisement be removed/changed and the compliance rate with these requests is 96%-99%.
The ASA Complaints Board makes decisions about complaints following responses from parties. The nine-member Complaints Board has five public and four industry representatives and meets fortnightly. The average time to deal with complaints is about nine days. This statistic includes complaints that take less time to process, such as no further action and settled decisions, while cases that go before the Complaints Board can take longer. Decisions may be appealed and if there are grounds for an appeal, the Appeal Board will re-consider the complaint. The Appeal Board has three members, two public and one industry and meets on demand.
No further action: This means the Chair of the Complaints Board has reviewed the complaint and has ruled a Code has not been breached, and no further action is required. This outcome may occur when a complaint is about an extreme interpretation, is trivial or vexatious, or if there is a precedent decision that relates to the same or similar advertising.
Upheld: This means the Complaints Board agreed with the issues raised by the complainant and the advertiser is asked to amend or remove the advertisement. The media platforms where the ad appears will also be requested to remove the advertisement.
Settled: When an advertiser either withdraws an advertisement or makes immediate changes (that the Chair considers satisfactory) to address the issues raised by the complainant, the complaint can be settled by the Chair.
Not upheld: This means the Complaints Board found the advertisement did not breach the Advertising Codes in relation to the complainant’s concerns.
No jurisdiction: Sometimes a complaint is outside the jurisdiction of the ASA. The ASA deals with complaints about advertisements that target NZ audiences. Highly technical complaints, matters of law or complaints about advertisements from outside of NZ, which are not targeting NZ consumers, are among advertising that is outside the ASA’s jurisdiction.
If an advertisement is found to be in breach of the ASA Codes, it must be removed or amended. This request is made to the advertiser, agency and media companies when they receive the decision. There is an excellent rate of compliance for this process that is essentially voluntary. In addition, all decisions are released to the media and often receive publicity. This reputational risk for advertisers is also a driver for compliance.
The work of the ASA is complementary to legislation. If a regulatory authority considers there has been a serious breach, then there are several Government agencies that could prosecute such a case, including the Commerce Commission, Medsafe, the Department of Internal Affairs, the Police, and the Financial Markets Authority.
The ASA has a database of decisions on its website. Parties to a complaint will receive a copy of the decision and be given a date that the decision will be available on the ASA website. Interested parties can subscribe to the ASA’s monthly Decisions Release email to be notified of the latest decisions.
Why are there no fines to make advertisers take down the advertisement if the complaint is upheld?
The ASA runs a voluntary process which deals with complaints about advertising in very short timeframes. If the advertisement is in breach of the Advertising Codes, it is removed or changed. This can be a considerable cost to the advertiser, depending on the type of advertisement or campaign. In addition, all the decisions are released to the public and media via the ASA website and are often reported on. This can result in a reputational risk for the company.
If the ASA had the ability to enforce a fine, our process would have to be more legalistic, and it would take longer. Ad campaigns are often short and action to address any concerns is needed quickly.
Government regulators can prosecute advertisers for misleading and deceptive conduct. These include the Commerce Commission, the Department of Internal Affairs, the Financial Markets Authority, the Ministry for Primary Industries, the Police and Medsafe.
Most advertisers support self-regulation and responsible advertising and don’t deliberately mislead or offend consumers. However, advertising is a creative business and does push boundaries from time to time. If the advertiser pushes too far and a complaint is upheld almost all advertisers will remove or change the advertisement.
The ASA may also refer the issue to a relevant industry organisation to request their assistance. In some cases, referral to the relevant regulator or local council may be considered.
Media coverage of decisions can also assist with compliance, along with consumer decisions not to engage with the relevant brand or company.
Making a Complaint?
Anyone can complain about any advertisement that is targeting New Zealanders.
Complaints made by consumers are considered through our free consumer complaints process. Complaints made by an advertiser regarding a competitor to their own products are subject to a fee and considered through a separate competitor complaints process.
The ASA may decline to accept a complaint if the matter is outside our jurisdiction. More information on our jurisdiction and scope is available here.
In the consumer process, complainants are not expected to defend their complaint against the advertiser in any way. The onus is on the advertiser to provide evidence that their ad is compliant.
Some complaints are dealt with in a few days. Complaints that go to the Complaints Board can take two to three weeks. Detailed or complex complaints may take longer. The Complaints Board meets fortnightly to rule on complaints but can also meet at short notice if required.
One complaint can stop an advertisement but as a matter of natural justice, before this decision is made, if the Chair rules there is a case to answer, the advertiser, the advertising agency and the relevant media companies are given seven calendar days to respond to a complaint.
If the complaint is upheld by the Complaints Board, we request the advertisement be removed/changed and the compliance rate with these requests is 96%-99%.
The ASA Complaints Board makes decisions about complaints following responses from parties. The nine-member Complaints Board has five public and four industry representatives and meets fortnightly. The average time to deal with complaints is about nine days. This statistic includes complaints that take less time to process, such as no further action and settled decisions, while cases that go before the Complaints Board can take longer. Decisions may be appealed and if there are grounds for an appeal, the Appeal Board will re-consider the complaint. The Appeal Board has three members, two public and one industry and meets on demand.
No further action: This means the Chair of the Complaints Board has reviewed the complaint and has ruled a Code has not been breached, and no further action is required. This outcome may occur when a complaint is about an extreme interpretation, is trivial or vexatious, or if there is a precedent decision that relates to the same or similar advertising.
Upheld: This means the Complaints Board agreed with the issues raised by the complainant and the advertiser is asked to amend or remove the advertisement. The media platforms where the ad appears will also be requested to remove the advertisement.
Settled: When an advertiser either withdraws an advertisement or makes immediate changes (that the Chair considers satisfactory) to address the issues raised by the complainant, the complaint can be settled by the Chair.
Not upheld: This means the Complaints Board found the advertisement did not breach the Advertising Codes in relation to the complainant’s concerns.
No jurisdiction: Sometimes a complaint is outside the jurisdiction of the ASA. The ASA deals with complaints about advertisements that target NZ audiences. Highly technical complaints, matters of law or complaints about advertisements from outside of NZ, which are not targeting NZ consumers, are among advertising that is outside the ASA’s jurisdiction.
If an advertisement is found to be in breach of the ASA Codes, it must be removed or amended. This request is made to the advertiser, agency and media companies when they receive the decision. There is an excellent rate of compliance for this process that is essentially voluntary. In addition, all decisions are released to the media and often receive publicity. This reputational risk for advertisers is also a driver for compliance.
The work of the ASA is complementary to legislation. If a regulatory authority considers there has been a serious breach, then there are several Government agencies that could prosecute such a case, including the Commerce Commission, Medsafe, the Department of Internal Affairs, the Police, and the Financial Markets Authority.
The ASA has a database of decisions on its website. Parties to a complaint will receive a copy of the decision and be given a date that the decision will be available on the ASA website. Interested parties can subscribe to the ASA’s monthly Decisions Release email to be notified of the latest decisions.
Why are there no fines to make advertisers take down the advertisement if the complaint is upheld?
The ASA runs a voluntary process which deals with complaints about advertising in very short timeframes. If the advertisement is in breach of the Advertising Codes, it is removed or changed. This can be a considerable cost to the advertiser, depending on the type of advertisement or campaign. In addition, all the decisions are released to the public and media via the ASA website and are often reported on. This can result in a reputational risk for the company.
If the ASA had the ability to enforce a fine, our process would have to be more legalistic, and it would take longer. Ad campaigns are often short and action to address any concerns is needed quickly.
Government regulators can prosecute advertisers for misleading and deceptive conduct. These include the Commerce Commission, the Department of Internal Affairs, the Financial Markets Authority, the Ministry for Primary Industries, the Police and Medsafe.
Most advertisers support self-regulation and responsible advertising and don’t deliberately mislead or offend consumers. However, advertising is a creative business and does push boundaries from time to time. If the advertiser pushes too far and a complaint is upheld almost all advertisers will remove or change the advertisement.
The ASA may also refer the issue to a relevant industry organisation to request their assistance. In some cases, referral to the relevant regulator or local council may be considered.
Media coverage of decisions can also assist with compliance, along with consumer decisions not to engage with the relevant brand or company.
Responding to a Complaint?
Anyone can complain about any advertisement that is targeting New Zealanders.
Complaints made by consumers are considered through our free consumer complaints process. Complaints made by an advertiser regarding a competitor to their own products are subject to a fee and considered through a separate competitor complaints process.
The ASA may decline to accept a complaint if the matter is outside our jurisdiction. More information on our jurisdiction and scope is available here.
In the consumer process, complainants are not expected to defend their complaint against the advertiser in any way. The onus is on the advertiser to provide evidence that their ad is compliant.
Some complaints are dealt with in a few days. Complaints that go to the Complaints Board can take two to three weeks. Detailed or complex complaints may take longer. The Complaints Board meets fortnightly to rule on complaints but can also meet at short notice if required.
One complaint can stop an advertisement but as a matter of natural justice, before this decision is made, if the Chair rules there is a case to answer, the advertiser, the advertising agency and the relevant media companies are given seven calendar days to respond to a complaint.
If the complaint is upheld by the Complaints Board, we request the advertisement be removed/changed and the compliance rate with these requests is 96%-99%.
The ASA Complaints Board makes decisions about complaints following responses from parties. The nine-member Complaints Board has five public and four industry representatives and meets fortnightly. The average time to deal with complaints is about nine days. This statistic includes complaints that take less time to process, such as no further action and settled decisions, while cases that go before the Complaints Board can take longer. Decisions may be appealed and if there are grounds for an appeal, the Appeal Board will re-consider the complaint. The Appeal Board has three members, two public and one industry and meets on demand.
No further action: This means the Chair of the Complaints Board has reviewed the complaint and has ruled a Code has not been breached, and no further action is required. This outcome may occur when a complaint is about an extreme interpretation, is trivial or vexatious, or if there is a precedent decision that relates to the same or similar advertising.
Upheld: This means the Complaints Board agreed with the issues raised by the complainant and the advertiser is asked to amend or remove the advertisement. The media platforms where the ad appears will also be requested to remove the advertisement.
Settled: When an advertiser either withdraws an advertisement or makes immediate changes (that the Chair considers satisfactory) to address the issues raised by the complainant, the complaint can be settled by the Chair.
Not upheld: This means the Complaints Board found the advertisement did not breach the Advertising Codes in relation to the complainant’s concerns.
No jurisdiction: Sometimes a complaint is outside the jurisdiction of the ASA. The ASA deals with complaints about advertisements that target NZ audiences. Highly technical complaints, matters of law or complaints about advertisements from outside of NZ, which are not targeting NZ consumers, are among advertising that is outside the ASA’s jurisdiction.
If an advertisement is found to be in breach of the ASA Codes, it must be removed or amended. This request is made to the advertiser, agency and media companies when they receive the decision. There is an excellent rate of compliance for this process that is essentially voluntary. In addition, all decisions are released to the media and often receive publicity. This reputational risk for advertisers is also a driver for compliance.
The work of the ASA is complementary to legislation. If a regulatory authority considers there has been a serious breach, then there are several Government agencies that could prosecute such a case, including the Commerce Commission, Medsafe, the Department of Internal Affairs, the Police, and the Financial Markets Authority.
The ASA has a database of decisions on its website. Parties to a complaint will receive a copy of the decision and be given a date that the decision will be available on the ASA website. Interested parties can subscribe to the ASA’s monthly Decisions Release email to be notified of the latest decisions.
Why are there no fines to make advertisers take down the advertisement if the complaint is upheld?
The ASA runs a voluntary process which deals with complaints about advertising in very short timeframes. If the advertisement is in breach of the Advertising Codes, it is removed or changed. This can be a considerable cost to the advertiser, depending on the type of advertisement or campaign. In addition, all the decisions are released to the public and media via the ASA website and are often reported on. This can result in a reputational risk for the company.
If the ASA had the ability to enforce a fine, our process would have to be more legalistic, and it would take longer. Ad campaigns are often short and action to address any concerns is needed quickly.
Government regulators can prosecute advertisers for misleading and deceptive conduct. These include the Commerce Commission, the Department of Internal Affairs, the Financial Markets Authority, the Ministry for Primary Industries, the Police and Medsafe.
Most advertisers support self-regulation and responsible advertising and don’t deliberately mislead or offend consumers. However, advertising is a creative business and does push boundaries from time to time. If the advertiser pushes too far and a complaint is upheld almost all advertisers will remove or change the advertisement.
The ASA may also refer the issue to a relevant industry organisation to request their assistance. In some cases, referral to the relevant regulator or local council may be considered.
Media coverage of decisions can also assist with compliance, along with consumer decisions not to engage with the relevant brand or company.