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Complaints Procedure

Please read the following Complaints Procedure before lodging a complaint.

The NZ Media Council's complaint procedure is public and transparent and Council rulings are published on its website with the names of both parties. Therefore, a complainant must provide their proper name which will be published unless there are exceptional circumstances as determined by the NZ Media Council. For further information about how we deal with your personal information please read the Media Council's Privacy Statement.
A person bringing a complaint against a publication (see member list here) must, unless exempted by the NZ Media Council, first lodge the complaint in writing with the editor of the publication.
The complaint (to be clearly marked as such) is to be made to the editor, online author or publisher within the following time limits:
1. A complaint about a particular article, within one calendar month of its initial publication.
2. A complaint arising from a series of articles, within one calendar month of the earlier of the date from which the substance of the complaint would have been reasonably apparent to the complainant, or the publication of the last article in the series.
3. A complaint concerning non-publication of any material, within two calendar months of the date on which the request to publish was received by the publication.
4. A complaint about an online article or blog, within one calendar month of the date of first publication, with the complaint option kept open for two years if the offending article remains uncorrected electronically, or longer at the discretion of the Chair of the Media Council.
5. A complaint which does not arise from the publication or non-publication of any material, within one month of the incident giving rise to the complaint.
If the complainant is not satisfied by a publication’s response or receives no response within ten working days from the date on which the editor or online publisher received the complaint, the complainant should then lodge a complaint within 20 working days with the NZ Media Council.
A complainant will be asked to sign a waiver in order for the NZ Media Council to consider the complaint. The purpose of the waiver is to ensure that a complaint to the NZ Media Council is the only form of formal action that will be taken in relation to the article that is subject of the complaint. The NZ Media Council provides the public access to a free, quick and simple complaints service which is unconstrained by the existence of other proceedings and where publishers can respond openly and admit fault if necessary. The summary nature of the process and the publishers’ co-operation with the process would be compromised if a publisher had to worry about damaging their position in court proceedings about the same issue.
A minority of the eleven members of the NZ Media Council are employed by media publishers as part of the prescribed makeup of the NZ Media Council. In the event of a complaint against the employer, the conflict's policy set out in s. 64 (1) of the Incorporated Societies Act 2022 applies. A member of the NZ Media Council who was not involved in any way in the story but who is employed by the publisher may participate in the discussion but will not vote on the complaint. If such a member had any involvement in the story or with the complaint before it reached the NZ Media Council, the member will not participate in the discussion or vote.

Complaint Form

Complaints must be made using the online complaint form, below and indicate which NZ Media Council principles have been breached.
Complaints must be accompanied by the article(s) complained about, together with the initial complaint to and response from the publication. The key points of the complaint are to be summarised in a maximum of 500 words. Other supporting material may be supplied. Legal submissions are not required.
On receipt, the complaint will be assessed for acceptance and to determine if it should be referred to the Chair, to a committee of NZ Media Council or to the full Media Council. The Chair has the power to decline a complaint. Council Committees (comprising the Chair, one public member and one industry member) have delegated powers from the Council to determine some complaints.

Time limits

The time limits which will apply on receipt of a complaint are:
1. After the Media Council refers a complaint back to the publication, the publication has ten working days from receipt of that complaint to provide a formal response.
2. On receipt of the publication's formal response, the NZ Media Council may refer the formal response to the complainant for their final comments. Final comments are optional and an invitation to provide final comments is at the NZ Media Council's discretion as the NZ Media Council is able to consider a complaint without final comments being provided. If a complainant is given an opportunity to provide their final comments they may, in approximately 200 words and within a time specified by the NZ Media Council but no more than ten calendar days, reply to any new matters raised by the publication. The complainant should not repeat submissions or material contained in the original complaint.
The NZ Media Council has the power to extend time limits but will not do so without compelling reason.
In appropriate circumstances, guided by rules of natural justice, the NZ Media Council may request or receive further information from one or both of the parties
Once submissions have been exchanged the NZ Media Council will at its next meeting consider and usually determine the complaint. Most complaints are determined on the documents provided but if a complainant wishes to make a personal submission they may apply to the NZ Media Council for approval to attend. If approval is granted, a representative of the publisher will also be invited to attend the Media Council meeting. No new material may be submitted when addressing the meeting without the leave of the NZ Media Council.
Timeliness of a publication’s response will be taken into account in a decision and may itself be the subject of a NZ Media Council ruling.

Publication of adjudications

When a complaint is upheld the NZ Media Council will provide a short summary of the decision for the publication to publish either online and/or in print, ensuring that it is given fair prominence. Where an offending print article has been published on pages 1 to 3 the Council may direct that the summary of the Council decision is run on page 3.
When an article was published on a later page, a short pointer is to run on page 3 with the NZ Media Council summary of the decision to be published on the same, later page as the original story.
A website or blog should publish the Media Council summary of the decision in the section in which the original story ran.
Magazines should publish a pointer on the first available editorial page with the NZ Media Council summary of the decision appearing on a later page.
The summary of the NZ Media Council's decision must be published unedited and unaccompanied by editorial comment, although publications are not proscribed from commenting on the decision elsewhere. If a complaint is not upheld the publication may determine whether to publish the full Media Council ruling and where it should be published.
All ruled-against electronic copy that is enduring and deemed to be inaccurate must carry a note at the top of the copy that it has been found incorrect and why. In cases where a potential harm outweighs the need to keep public record intact, the NZ Media Council may require the removal of story elements or that the entire story is taken down.
If a ruled-against article has been further published on a publication’s website, or distributed to other media, the NZ Media Council requires that:
1. In the instance of a website or social media platform, the article must carry a note at the top of the copy stating it has been found to be incorrect and why and a link must be provided to the Media Council full ruling.
2. Where the article has been distributed to other news media, the publisher of the original story must ensure each publication known to have published it, notes at the top of the item that it has been found to be incorrect and why and a link must be provided to the Media Council Ruling.
The NZ Media Council reserves the right to direct a right of reply, correction or retraction. In egregious circumstances, with a unanimous decision, the NZ Media Council may censure a publication. Such a censure must be published in the publication or website giving due prominence.
All decisions will be available on the NZ Media Council’s website and published in the relevant annual report unless the NZ Media Council, on its own volition or at the request of a party, agrees to non-publication. Non-publication will be agreed to only in exceptional circumstances.

Other requirements

Where the circumstances suggest that the complainant may have a legally actionable issue, the complainant will be required to provide a written undertaking not to take or continue proceedings against the publication or journalist concerned.
The Council may consider a third party complaint from a person who is not personally aggrieved. However, it reserves the right to require the complainant to first seek written consent from the individual who is the subject of the article complained of.
Publications, websites and blogs must not give undue publicity to a complaint until it has been resolved or adjudicated. However, the fact a complaint has been made can be reported.
Editors are to publish the NZ Media Council's complaints process in each issue of the publication. This should be by way of a brief statement at either the foot of a news briefs or on the editorial or letters page, on the contacts page for websites and blogs or on the imprint page for magazines.

In submitting this complaint for consideration by the Media Council, I agree to waive any right I may have (OR ANY ENTITY I CONTROL MAY HAVE) to take (or continue) other proceedings in any way related to the complaint, against the publisher, broadcaster, journalist, in any other jurisdiction or forum. I OR WE also waive any right I OR WE may have to take proceedings against the Media Council in any jurisdiction or forum. I agree to the complaints procedure and consent to the Media Council collecting and using my personal information for the purpose of dealing with my complaint. I understand this information may also be used for reviewing and analysing complaint data in accordance with the NZ Media Council's Privacy Statement.

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VOD Complaints Procedure

Please read the following Complaints Procedure before lodging a complaint.

NZ Media Council - VOD Classifications Code – Application & Complaints Process

Scope
1. Complaints under the NZ Media Council’s Video-On-Demand (“VOD”) Classifications Code (“Code”) may be made only against online content that is required to be classified according to the Code (“VOD programmes”).
2. Online programmes classified prior to the service provider becoming a signatory to the Code are not required to be reclassified according to the Code.
Complaints & Time Limits
1. Complaints under the Code may be brought at any time whilst the VOD programme remains available on the service provider’s website.
2. Complaints shall first be directed to the relevant service provider for consideration in accordance with its internal complaint procedure. Providers shall provide user-friendly guidance on their websites on how to access their complaint procedure, such guidance to explain the circumstances in which a complaint may proceed to the Media Council.
3. A service provider must provide a response to any genuine complaint as soon as is practicable.
4. If the complainant is not satisfied with the service provider’s response, the complainant may refer the complaint to the Media Council within ten working days of the date of receipt of the service provider’s response. The complaint should include the service provider’s response. Complaints should be lodged via the Media Council’s website or in writing to the Media Council .
5. The Media Council may not consider a complaint if the complainant is currently taking or is likely to take proceedings against the service provider in another jurisdiction. The Media Council may at its discretion request a written undertaking not to take or continue proceedings against the provider before proceeding with the complaint.
Referred Complaints
1. The Chair of the Media Council shall determine whether the complaint meets the criteria for acceptance by the Media Council. The complainant will be advised whether the complaint is to be heard by the Media Council. If the complaint is not accepted, the complainant will be advised of the reasons for this decision. The Chair's decision will be final.
2. If the Chair considers there is a potential breach of a VOD classification to be investigated by the Media Council, the Chair will refer the complaint to the service provider and its seek comment within ten working days or sooner if the Chair considers that the material in question gives rise to a real risk of significant harm to an individual or group of individuals.
3. The Chair may choose to assist the parties to mediate complaints. Complaints may also be withdrawn and/or settled between the parties at any time.
4. A service provider may withdraw or reclassify the VOD programme in question at any time, and shall refer to this in its response to the Media Council.
Adjudication of complaints made under the Code
1. Complaints accepted for consideration will be put before the VOD Classifications Committee of the Media Council (“Classifications Committee”). The Classifications Committee shall consist of five persons appointed by the Governance Committee of the Media Council (or their alternates).
2. The members of the Classifications Committee shall comprise:
  1. The independent Chair of the Media Council
  2. Two public members nominated by the Chair of the Media Council
  3. Two industry members nominated by service providers
3. The Classifications Committee will determine its own procedures for the most efficient way of adjudicating complaints, with the objective of determining whether the service provider’s classification is a reasonable classification decision, which is broadly consistent with previous classification decisions and audience expectations of the classification.
4. The quorum for any meeting of the Classifications Committee shall be three members with a majority of public members.
5. If a complaint under the Code is upheld in whole or in part, the service provider must reclassify the VOD programme as stipulated by the Classifications Committee.
Remedies
1. The powers of the Council are set out in the NZ Media Council's rules [live link here]. In summary:
  1. Members must comply with any direction from the Council to reclassify any VOD programme.
  2. Where content is reclassified, members must take all reasonable steps to have the content reclassified on any third party sites that they control where they are aware the content has been published.
  3. If the Council upholds a complaint, the Council shall publish the decision on its website.
  4. In egregious circumstances, with a unanimous decision, the Council may censure a member to the extent permitted under the Council’s rules and procedures.
2. Where the Council directs a VOD programme to be reclassified, any other memberpublishing the same content must also comply with the decision when they receive notification from the Council or otherwise become aware of it.

I agree to the terms of the VOD Complaints Procedure In submitting this complaint for consideration by the Media Council, I agree to waive any right I may have to take (or continue) other proceedings in any way related to the complaint, against the publisher, broadcaster, journalist, in any other jurisdiction or forum. I also waive any right I may have to take proceedings against the Media Council in any jurisdiction or forum.

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