Labour Party advertising deemed misleading

August 28th, 2007 at 5:09 pm by David Farrar

The Advertising Standards Complaints Board has upheld a complaint [3 MB rtf file] against Labour’s online advertising for Kiwisaver.

The complaint was about the advertisement saying “Kiwisaver + New Zealand Super’ ‘Labours Guarantee for your retirement” when KiwiSaver is not guaranteed by the Government.

The finding:

It [The Board majority] stated that the use of the word “guarantee” without further qualification in reference to a scheme that dealt with the financial security of consumers contained a level of ambiguity that was likely to mislead.  The linkage of KiwiSaver with New Zealand Super was, in the opinion of the majority likely to convey an overall impression of guaranteed financial security. 

Accordingly, the majority of the Complaints Board considered that it was not clear in the advertisement that the “guarantee” reference was to a policy only, not the security of KiwiSaver as an investment scheme. Therefore a majority of the Complaints Board ruled that the advertisement was in breach of Rule 2 of the Code of Ethics.

Now these false misleading advertisements were not funded by the Labour Party.  It was in fact an advertisement funded by the taxpayer for the Parliamentary Labour Party.  Now I have no problems with parliamentary parties spending some of their budget on advertising (so long as it is not electioneering) but it would be nice if the ads we fund were at least truthful.

The Rule the ads are deemed to have broken is:

Rule 2: Truthful Presentation - Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).

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32 Responses to “Labour Party advertising deemed misleading”

  1. slightlyrighty (2,246) Says:

    So if my kiwisaver scheme folds, the Labour Party will guarantee it?

    I feel a tui billboard coming on.

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  2. Tina (687) Says:

    Why does Ms Clark call it Superannuation when it’s actually a Fixed Pension?

    Must be Clarkspeak.

    Kiwis would drool if they knew what real Super was.

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  3. Ben Wilson (523) Says:

    I imagine their point is that it’s only guaranteed as long as Labour are in power. Ie it’s got a one year warranty.

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  4. Frank. (607) Says:

    Methinks someone speaks with a forked tongue. – a cultural inheritance.

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  5. The Perfect Man (88) Says:

    Too true Ben. Actually it is indeed perfectly true that a lot comes guaranteed with Labour only it certainly doesn’t include responsibility, freedom, justice, wealth, health and prosperity.

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  6. Craig Ranapia (1,911) Says:

    I imagine their point is that it’s only guaranteed as long as Labour are in power. Ie it’s got a one year warranty.

    Yes, Ben, just as I’m sure investing your nest egg with Shonky Cowboy Finance is safe as houses, until you get a letter from the receiver with a complimentary copy of Alison Holst’s Fun With Dog Food.

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  7. Lee C (4,499) Says:

    I’m sorry Craig, that didn’t make sense. Was it meant to be sarcastic? How many shonky finance compaanies have gone under in the last eighteen months? Gosh, lucky we are been served by a government with such a firm hand on the rudder, who can at last ‘guarantee’ our money is safe.!

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  8. Lee C (4,499) Says:

    Now THATS sarcasm, dude. Have another go.

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  9. Right of way is Way of Right (1,041) Says:

    Excuse me, but are we saying that a complaints authority has determined that the Parliamentary Labour Party has done something wrong, oh whoop de s**t!

    The Parliamentary Labour Party was responsible for the Pledge Card too, weren’t they?

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  10. side show bob (3,660) Says:

    I fail to understand how Liarbour continues to poll so high given all the crap that comes with this party. I would have thought a poll rating of 3% would be more fitting, not 30%. I guess it shows just how stupid 30% of the population is, so sad.

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  11. Ben Wilson (523) Says:

    Lee I confess to not getting Craig’s gibe either. I’m wondering if Shonky Cowboy is some politician whose sex slave name I don’t know (or want to!).

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  12. The Perfect Man (88) Says:

    Where is evolution when its needed? Oh well next theory…has been postulated that we are about to enter the era of the rise of the Gnomes…God help us, evolution isn’t working…

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  13. Frank. (607) Says:

    Right of way is Way of Right; The answer is here somewhere.

    Heather Roy: Has the Prime Minister had any reports about who is right: Labour Party president Mike Williams, who said that the pledge cards for the last three elections were not an election expense, so could be paid for out of the Prime Minister’s leader’s fund, or Labour Party secretary Mike Smith, who authorised the 1999 pledge card as an election expense?

    Rt Hon HELEN CLARK: Those matters have never been considered to be an election expense, any more than ACT’s one-third-of-a-page advertisement 2 days before the election was considered an expense.

    Dr Don Brash: Will she pay the money back?

    Rt Hon HELEN CLARK: I remind the member that there are a lot of processes under way. When the Leader of the Opposition cares to engage with members of his party on what is attributable, he may want to raise with them why they did not declare up to $1 million of Exclusive Brethren spending, especially because Murray McCully had editorial control of it.

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  14. vto (1,098) Says:

    Sheesh, as said some time ago, Wellington lives in geographical and cultural isolation. No organisation involved in this sort of area in the private sector would get away with saying this. They wouldn’t even try it. Or if theydid (and sometimes they do try) they would get taken to the cleaners!! Misleading and deceptive conduct in trade – Fair Trading Act – very very simple.

    So how about it, labour folk reading this blog site, let’s subject your leaders to the same scrutiny and accountability as the rest of NZ i.e. full weight of the justice system to fall on them.

    Go on – just for a change. I know it didn’t happen with fraud over paintergate. I know it didn’t happen with speeding through residential areas in Canterbury. I know it didn’t happen with stealing $800k for the last election. But just for a change subject yourselves to what the private sector and the working classes get subjected to.

    It’s like what I said in my last post – an institution where you can get away with lying and slandering people (Parliament) and be accountable to nobody is an institution with no credibility. Similarly a govt that acts above the law.

    Until these institutions are subjected to the same as the rest of us I will hate them with a vengeance.

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  15. Craig Ranapia (1,911) Says:

    Ben & Lee:

    Last time I looked, the Government took misleading advertising by finance companies very seriously indeed – whether by the likes of Bridgecorp or (not to put too fine a point on it) the kind of loan sharks whose adverts you can find in every Chinese and PI newspaper in Auckland.

    Would be nice if the Labour Party practised what it preached, wouldn’t it?

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  16. jaz.morris (97) Says:

    Wouldn’t exactly be the first time they’ve done this sort of thing.

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  17. The Perfect Man (88) Says:

    Thats an understatement. It would be a miracle.

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  18. Nicholas O'Kane (168) Says:

    In other words Labour stole our money to lie to us.

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  19. Frank. (607) Says:

    Rule 11: Advocacy Advertising – Expression of opinion in advocacy advertising is an essential and desirable part of the functioning of a democratic society. Therefore such opinions may be robust. However, opinion should be clearly distinguishable from factual information. The identity of an advertiser in matters of public interest or political issue should be clear.

    Remember the Pledge card lacked authorisation?

    Does The Advertising Standards Complaints Board have double standards?

    17 months ago they had this to say about a complaint involving the Pledge Card: ‘Your complaint to the ASA is dismissed on the grounds that it did not come within the definition of an advertisement. It was merely a reproduction of an advertisement of a political party on a website”. (Whatever that means?)

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  20. Right of way is Way of Right (1,041) Says:

    Nicholas, don’t use simple words when dealing with the Labour Party. It let’s them know we understand what they are up to!

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  21. Craig Ranapia (1,911) Says:

    Does The Advertising Standards Complaints Board have double standards?

    No, Frank, the Parliamentary Labour Party is not a member of the NZASA, and therefore agrees to be subject to its jurisdiction; Fairfax New Zealand (who published this specific advert on Stuff.co,nz) is. Sorry, but it really is that simple.

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  22. GPT1 (1,950) Says:

    As a taxpayer may I extend my apologies to the wider public for promoting such an advert (albiet entirely without my consent).

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  23. Ben Wilson (523) Says:

    Craig, still not sure why you addressed that point to me and Lee. I was making a joke that the government’s days are numbered. Lee was as confused as me about your Shonky Cowboy comment, I think. Seemed to be a non-sequitur.

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  24. Craig Ranapia (1,911) Says:

    Ben:

    The best thing to do with a joke that was DOA is put it in a shoe box, take it out to the garden, and bury it with all the others. :)

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  25. Bevan (3,951) Says:

    Strange I cant seem to find this story in the MSM, wonder why they are not running with it? I would have thought our unbiased free press ….

    Oh f*ck it, I cant keep a straight face anymore….

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  26. Ben Wilson (523) Says:

    Aha, I get it, you were putting my dead joke in the same patch as your own?

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  27. Bevan (3,951) Says:

    Sorry dude, did you say a joke?

    I must’ve missed it – Sorry.

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  28. Ben Wilson (523) Says:

    Bevan sarcasm is the lowest form of wit.

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  29. Bevan (3,951) Says:

    I know, I was trying it in my post above – but sometimes I just cant keep a straight face is all…

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  30. slightlyrighty (2,246) Says:

    http://www.stuff.co.nz/dominionpost/4181645a23917.html

    here you go Bevan!!

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  31. Sam (488) Says:

    Have you all forgotton that Labour is in the process of legislating so that they will be the only future government – this advertising is therefore quite legitimate…

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  32. CraigM (676) Says:

    Gotta laugh really. I remember when this ad came out and was commented on, within this blog.

    Sonic, in particular could not post fast enough to say that it was all a made up ad and didn’t really exist…blamed whaleoil for creating it I think.

    His silence has been deafening on this thread.

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