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The
Council considers complaints against newspapers, magazines
and periodicals in public circulation in New Zealand
(including their websites). The Council retains the
discretion to decline a complaint if the publication
has limited readership or the circumstances make the
complaint inappropiate for resolution by the Council.
The
Council accepts complaints made in good faith by third
parties not directly aggrieved, subject to the requirement
set out in Complaints Procedure 13 below. The complaint
procedure is free. Hearings are not open to the public,
but complainants who apply to be heard in person are
usually given that opportunity.
The
Council's decisions are based on ethical considerations
and the Council does not recover debts or seek monetary
recompense for complainants. Its sanction is to require
an offending publication to publish the essence of the
decision upholding a complaint (in full or part), giving
it fair prominence.
Complaints
Procedure
- If
you have a complaint against a publication you must
complain in writing to the editor first, within 3
months of the date of publication of the material
in issue. Similarly complaints about non-publication
must be made within the same period starting from
the date it ought to have been published. This will
acquaint the editor with the nature of the complaint
and give an opportunity for the complaint to be resolved
between you and the editor without recourse to the
Press Council.
- If
you are not satisfied with the response from the editor
(or, having allowed a reasonable interval, have received
no reply) you should write promptly to the Secretary
of the Press Council at PO Box 10-879, The Terrace,
Wellington. Your letter should:
(a) specify the nature of your complaint, giving precise
details of the publication, (date and page) containing
the material complained against. It will be of great
assistance to the Council if you nominate the particular
principle(s), from the 13 listed in the next section
of this brochure, that you consider contravened by
the material; and
(b) enclose the following:
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copies of all correspondence with the editor;
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a
clearly legible copy of the material complained
against;
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any
other relevant evidence in support of the complaint.
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The
Press Council copies the complaint to the editor,
who is given 14 days to respond. A copy of that
response is sent to you.
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You
then have 14 days in which to comment to the Council
on the editor's response. There is no requirement
for you to do so if you are satisfied that your
initial complaint has adequately made your case.
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If
you do make such further comment, it is sent to
the editor, who is given 14 days in which to make
a final response to the Council. Full use of this
procedure allows each party two opportunities to
make a statement to the Council.
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The
Council's mission is to provide a full service to
the public in regard to newspapers, magazines or
periodicals published in New Zealand (including
their websites) regardless of whether the publisher
belongs to an organisation affiliated with the Council.
If the publication challenges the jurisdiction of
the Council to handle the complaint, or for any
other reason does not cooperate, the Council will
nevertheless proceed to make a decision as best
it is able in the circumstances.
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Members
of the Press Council are each supplied prior to
a Council meeting with a full copy of the complaint
file, and make an adjudication after discussion
at a meeting of the Council. Meetings are held about
every six weeks.
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The
Council's adjudication is communicated in due course
to the parties. If the Council upholds a complaint
(in full or in part), the newspaper or magazine
concerned must publish the essence of the adjudication,
giving it fair prominence. If a complaint is not
upheld, the publication concerned may publish a
shortened version of the adjudication.
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There
is no appeal from a Council adjudication. However,
the Council is prepared to re-examine a decision
if a party could show that a decision was based
on a material error of fact, or new material had
become available that had not been placed before
the Council.
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In
circumstances where a legally actionable issue may
be involved, you will be required to provide a written
undertaking that, having referred the matter to
the Press Council, you will not take or continue
proceedings against the publication or journalist
concerned. This is to avoid the possibility of the
Press Council adjudication being used as a "trial
run" for litigation.
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The
Council in its case records will retain all documents
submitted in presentation of a case and your submission
of documents will be regarded as evidence that you
accept this rule.
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The
foregoing points all relate to complaints against
newspapers, magazines and other publications. Complaints
about conduct of persons and organisations towards
the press should be initiated by way of a letter
to the Secretary of the New Zealand Press Council.
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The
Press Council will consider a third-party complaint
(i.e. from a person who is not personally aggrieved)
relating to a published item, but if the circumstances
appear to the Council to require the consent of
an individual involved in the complaint it reserves
the right to require from such an individual his
or her consent in writing to the Council adjudicating
on the issue of the complaint.
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