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Modelling can be a lucrative business, but it hasn't proved profitable for a Christchurch teen. She is the face of a spray tan clinic problem is no one asked if they could use her image!

New Zealand's weekly whinge. Consumer affairs that blends investigative journalism and good advice to ensure Kiwis get a fair go.

Primary Title
  • Fair Go
Date Broadcast
  • Monday 20 November 2017
Start Time
  • 19 : 30
Finish Time
  • 20 : 00
Duration
  • 30:00
Series
  • 2017
Episode
  • 37
Channel
  • TVNZ 1
Broadcaster
  • Television New Zealand
Programme Description
  • New Zealand's weekly whinge. Consumer affairs that blends investigative journalism and good advice to ensure Kiwis get a fair go.
Episode Description
  • Modelling can be a lucrative business, but it hasn't proved profitable for a Christchurch teen. She is the face of a spray tan clinic problem is no one asked if they could use her image!
Classification
  • Not Classified
Owning Collection
  • Chapman Archive
Broadcast Platform
  • Television
Languages
  • English
Captioning Languages
  • English
Captions
Live Broadcast
  • Yes
Rights Statement
  • Made for the University of Auckland's educational use as permitted by the Screenrights Licensing Agreement.
1 Tonight ` the reluctant model. I just wanted them to stop using my image. She's the face of a lucrative spray tan clinic... You owe Kate van der Weert $2000. (LAUGHS) I'd like to see, if the shoe was on the other foot, how trivial he'd think it was then. And P-contamination. Pretty heart-breaking to have to go through that process. Should the cost of a massive clean-up be covered by insurance? We've just been... I don't know, hung out to dry a little bit. Plus tears of joy. It was an opportunity to have the wedding that we wanted, that we didn't think we could have. Who doesn't love a happy ending? Oh my God! (CHUCKLES) It's amazing. Kia ora. Welcome to the show. Fancy earning 10-million dollars a year? Yes, I do. That's not a question for me, is it? That's the sort of coin the world's highest paid models take home. It's can be lucrative, but it hasn't proved profitable for Kate van der Weert. Kate's the face of a spray tan clinic ` good news. The bad news is, no one ever asked her if that was OK. Here's Matt. It's a busy... It is hard not to burn yourself. ...but beaut time of year... I can almost taste the bubbles. ...for Kate van der Weert. The 23-year-old Lincoln local is a race-day regular. It's all over here, folks. Christchurch's New Zealand Cup and Show Week... the jewel in her race-calendar crown. It's all about the getting dressed up ` the big hats and the fashion, really ` and the social aspect. You don't care for the horses so much? Oh. Probably not as much as the fashion, no. (CHUCKLES) Kate's colourful style ` her accessories, spotted by a Fairfax photographer just after she arrived at Cup Day back in 2015. They just came up to me and said, 'Oh, really love your hat. That looks great. Can we take a photo?' And I said, 'Yeah, that would be awesome.' The photo was part of Stuff's race-day coverage. They explained that it was going to be on a Stuff article about Cup Day so I thought that's where it would end. But it didn't? No. (LAUGHS) Imagine Kate's shock when she saw her face, her race-day photo, being used to promote spray tanning a year later. I actually got a Facebook message from one of my work friends, and she said, 'Oh, you're doing a bit of promotional work for Sun Kissed.' And I said, 'No. I'm not sure what you're talking about.' And then she forwarded me the email. I just couldn't believe it. It was just the shock and how they had the audacity to go ahead and do that. The spray tanning company responsible ` Sun Kissed Tan. I just wanted to talk to you about Kate van der Weert. No idea who that is, bro. Here's one of their directors ` Mathew Docherty. You know as comical as this is, I don't need to deal with this. We've got 4000 spray tans to do this week. You think it's comical? You think this is comical? I think it's a bit comical. Come on, seriously? So what do you make of this outfit using your image year after year? I think it's pretty unfair and pretty unprofessional on their part, to be honest. Now don't get us wrong ` like a lot of 20-somethings, Kate loves a good spray tan, but she's never had a fake tan from Sun Kissed. And before they'd used her image, never had a conversation with anyone from the company. You're a young professional. You're a banker. Do you want to be a poster girl for a spray tanning company? No. Definitely not. (LAUGHS) No. Kate soon contacted Sun Kissed Tan on Facebook and asked them to stop using her image. Their initial reply ` gfx You didn't think much of that deal, Kate? No, pretty bad deal. (LAUGHS) If we have a look at this girl here... Peter Langford-Read from Auckland modelling agency Red Eleven agrees a free, say $40 spray tan, doesn't cut the mustard. What would an organisation expect to pay to use an image in this way? For Instagram, Facebook, social media and even emails you're talking $1,000 tops. That's per year. Regardless, Sun Kissed Tan continued to use Kate's image for nothing. I couldn't believe that they'd have the cheek to do something like that without ringing Kate or getting in contact with her. Quite annoyed about it really. Kate's Dad Ray was as angry as he gets. He emailed Sun Kissed's director Mathew Docherty, politely asking him to stop using his daughter's image. Docherty's response ` gfx Here's your drink, sweetie. Awesome. Thanks, Dad. Wanting answers, the family got on to Fairfax who wrote back saying ` gfx I thought once I'd heard from Fairfax that that would be the end of it and they'd just stop using it. Come on, fella. Come on. Sun Kissed informed the media company they would no longer use the image. And though they were all a little disappointed with Sun Kissed's attitude, everyone thought, 'Great. Job done.' That is, except for the tanning company's director Mathew Docherty. gfx So trivial in fact that, almost unbelievably, as Cup Week rolled around again this year, so did Kate's photo. And, you guessed it ` again she was the face of Sun Kissed's Cup Week marketing campaign. I just couldn't believe it, to be honest. I'd like to see if the shoe was on the other foot how trivial he'd think it was then. Kate jumped back on Facebook ` posting a doozie ` 'It saddens me that there are people out there who are too cheap to organise a proper marketing campaign and instead choose to unethically steal someone's image and use as their own.' While Sun Kissed deleted Kate's post immediately, they kept sending out her image. I just wanted them to stop using my image and kind of admit that they did something wrong. Oh, they've definitely been a bit cute. Russell McVeagh lawyer Joe Edwards reckons Sun Kissed has got this very wrong on three fronts. So they've breached what? The Privacy Act. I think they've got issues under the Fair Trading Act even though she's not a celebrity, they are still using her image and there's an element that she could be seen to be endorsing or sponsoring or approving essentially her image for that spray tan product. And then there's the Intellectual Property issue. Does it make a difference how the photo got out there? Yeah, it makes a huge difference. So, for example, if you've put something up on Facebook or Instagram, then you give that actual social media platform the ability to use your image ` that's a form of authorisation and they can sell it. They can put it on a t-shirt if they really want to, and they can give it to another party to use it even if you actually haven't approved that third party using it. Kate didn't post her image on social media. As for Sun Kissed, Director Mathew Docherty reckons he knows the law as well as anyone. I don't think I'm wrong. It's very rare that I am. (LAUGHS) And doesn't appear to be too bothered about talking to us. (LAUGHS) Yeah, man. Why not? Free publicity. Let's do it Matt eventually turned down our invitation to appear on camera, and dismissed Kate's case as an honest mistake. We've talked to a modelling agency who seems to think that an image used in this way is worth $1000 a year. To my mind, you owe Kate van der Weert and Fairfax $2,000. (LAUGHS) Find me a model in New Zealand that gets paid $1000 a year for a photo like that. For that type of photo, that's hilarious, mate. Hilarious ` unless, of course, it's your image. Will you stop using her image? Mate, I will. So you stop using the image, and how will you compensate her for using that image for the past two years? Well, no. We won't, so that's the thing. You wont give her a thing? And you're more than welcome to bring a claim against us. As you and I both know, you're going to spend a shit-load more than that on legal fees to try and recoup anything. So that's a bit cheeky on your part, isn't it? It's business at the end of the day, mate. Just hours after our call, Sun Kissed Tan posted a Facebook apology saying, amongst other things, ` gfx We'll have to wait and see. As for Kate, while she's still more than unimpressed with Sun Kissed Tan, you get the feeling she'll be back at the races next year. You realise if you do become a model off the back of this story, cameraman Pete and I want a 50% cut. (LAUGHS) That's fine. I'd be happy with that All right. (CHUCKLES) Matt Docherty has told us he'll pay $500 for unlimited use of Kate's image. Kate wasn't keen. New Zealand Cup and Show Week say they have no relationship with Sun Kissed Tan. They also say they haven't supplied them with any imagery to be used in their promotions. So what would happen at your house if one of your children borrowed something without asking? Ooh, they would get in a lot of trouble for that. Matt, that's what should happen. Not Matt Chisholm. The other Matt ` Sun Kissed Tan Matt. Two Matts in the story. Very confusing. Coming up after the break ` the nightmare of owning a P-contaminated house. Oh my goodness. What's happened here? When tenants go bad, very bad... Pretty heart-breaking to have to go through that process. ...and insurance companies don't want to know. We've just been... I don't know, hung out to dry a little bit. Plus, happiness in Hawaii. What more could a girl ask for? A nightmare scenario has a fairy-tale ending. Oh my God! (LAUGHS) It's amazing. Welcome back. Insurance ` we buy it for the unexpected. But sometimes you've got to wonder 'what's the point?' For instance, you own a rental property and it gets badly damaged by a tenant. How do you differentiate between 'sudden damage' ` which is covered ` and 'gradual damage' ` which isn't? It can be a real problem, especially when the damage is caused by 'P'. here's Garth. Home sweet home. This carpet's looking good. It's a lot better. It is, it really is. This ripper rental in a very nice leafy Christchurch suburb is looking glorious... now. This has been stripped after the clean up. For the landlords, it's the end of a nightmare six months. New vinyl. Lovely new dishwasher. Ah, yes. Diana and Katherine are friends, and partners in a business. They'd bought this place together with another friend, Nigel. For the three of us to have in 20 years' time when we retire. But their first steps hit a rotten rung. It's cost a lot of time and money, yeah. And stress. Pretty heart-breaking go through that process. The initial cause was a solo mum who they'd let the place to on Christmas Eve. A terrible tenant who left a mess outside, and inside ` P contamination. Whether it was a one-off party, sudden, you know, I guess we're never gonna know that. The house was tested just before and right after she lived there, and in that time it was contaminated. The new carpet makes such a difference, doesn't it? Yes, and the lick of paint. They were strict landlords ` they checked the property monthly ` even though their insurance company says every three months recommended. I think we did everything as landlords. We inspected this house every month, regular contact. It's not like we left it for three months and came back and went, 'Oh my goodness. What's happened here?' It all came to a head at Easter ` and it wasn't the bunny who visited. It was the AOS. Police raided the house. The police told us they arrested a 34-year-old woman and charged her with possessing cannabis. They wouldn't tell us if there was any methamphetamine involved. They say it's still going through court. And they didn't tell Diana, Katherine or Nigel. It's your house though. Yeah, but it's our lovely laws and privacy, isn't it? We're not allowed to know that information. They found out pretty quick how expensive it is to clean up ` the bill close to $30,000. Now the good news is, this house has been cleaned so thoroughly, it's as if there was never a problem. It is spick and span, but it's come at a considerable cost. And it's a cost the landlords are having to bear all by themselves. Where's the insurance company? Hmm, good question. We've just been... I don't know, hung out to dry a little bit. That's what we feel. # One plus one has always made two # Which is odd, because when it comes to self-promotion, Tower is promising the world. gfx That's Tower's chief executive Richard Harding on a public conference call to financial markets. gfx Critical because Tower's just declared an 8 million dollar loss this year, and the boss is explaining to potential investors how they stopped it blowing out even higher. gfx Jargon watch time. 'Claims leakage' is what insurance companies call it when they think they've paid out more than they had to. 'Recoveries' is where they go after the person who they think caused the loss to try and claw it back. In this case, Tower hired a private investigator who tried and failed to track down the tenant. He was also probing the landlords. All three of us had to sit down individually with him. He recorded the conversation with a little microphone on the table. How does it feel being questioned by a private investigator that's working for the people that you're paying? Pretty daunting thinking, 'We're in the wrong, we've done something wrong.' Had you done something wrong? Well, no. It's... No. Not that we thought we'd done anything wrong. But you felt that was the implication? Yeah. I guess in the back of our mind we're thinking, 'Tower's hired an investigator for one reason, and that's to wriggle out of their policy.' And after a 10-week investigation, with the place still empty and unlettable, Tower declined their claim. The reason ` 'Your damage at your property was not sudden.' Yes. Tower told them their house had suffered gradual damage ` that usually refers to leaky pipes or poor maintenance ` something a landlord has neglected and brought on themselves. How does that apply to what leaks out of P pipe? Tower says the test results and one academic paper they cited suggest this was gradual. It was our responsibility to prove that it was sudden. And also their responsibility to check all of the tenant's references. Tower told us if they had, they would have learned she'd been evicted before and that property was also left meth damaged. So we did a bit of sleuthing ourselves and contacted her old landlord. Guess what he told us. He'd have given her a glowing reference. He'd only learnt of P problems early this year ` well after she'd signed the new lease ad had moved into the trio's house. There was one more twist for Diana, Katherine and Nigel. The same day they were telling Tower, 'Hey, there's this P problem at our rental', Tower was writing to them with some good news ` 'At your next annual review, your insurance premium will be getting cheaper 'and there will now be explicit cover in your policy for meth damage.' gfx ...as Tower puts it. It would take effect in four weeks' time. But it would be no help to them with this situation. Does it make sense? Not to me, no. Nigel wonders when exactly did Tower first decide to start offering the new meth cover in its policies. Tower wouldn't say, nor would they tell us how many others might still be exposed to a massive loss under their old policy. We've done as much as we could have or needed to do, we thought, as part of our policy and yet there's nothing at the end of the day. If you're frustrated at home, you're not alone cos I'm frustrated about this. I don't think the landlords could have done much more. I think they went above and beyond. Yes. Now, Tower says... gfx Tower, thank you for your response but I'm still feeling frustrated. All right. Coming up after the break ` we've got happy endings galore! We're in shock, a bit. Yeah. It was horrible. They were banned from the sandy altar of Rarotonga. It's almost like they've just discarded us. But found happiness in another corner of the Pacific. Oh my God, oh my God. (LAUGHS) That's amazing! And a high speed washout ends in thrills and spills. Was it worth the wait? Yeah, it was real fun. 1 Welcome back. We all know good things come to those who wait. And waiting is something Tracey Strachan and Ali McWatters have got really good at. Earlier this year, the couple won a dream wedding in Rarotonga, but the island is off-limits to same-sex couples wanting to get married. Well, it has been a long time coming, but love eventually won the day. Here's Anna. It's supposed to be one of the happiest days of someone's life. Two people, celebrating their love in front of family and friends. The bride and the bride joined in holy matrimony in this tropical paradise. But Tracey Strachan and Ali McWatters had to take an epic journey to get to their dream wedding in Hawaii, and it all started back in January when they won a prize to get married at Edgewater Resort in Rarotonga. What was your reaction when you won? Um, I was a bit of a maniac. (LAUGHS) Tracey leapt on stage. I just jumped straight up from my seat. She nearly cried. The promise of an all-expenses paid ceremony and reception for all their friends and family was a dream come true. It was an opportunity to have the wedding that we wanted that we didn't think we could have. But when it came time to book, Edgewater wouldn't confirm their prize. I've tried emailing and phone calling, and I've had no reply whatsoever. Tracey and Ali finally realised what was wrong ` same-sex marriage isn't legal in the Cook Islands. But the prize conditions didn't say anything about it. We looked through their booklet. We looked on the website. There's nothing. Five months on, Edgewater wasn't budging, and Tracey and Ali were starting to wonder if getting hitched overseas was ever going to happen. It's almost like they've just discarded us. But with a little help from Fair Go... And some super-duper holiday helpers on board, Tracey and Ali had a new prize presented ` OK. Hit play. The only other place in the Pacific they could legally get married ` Hawaii. Oh my God. Oh my God! So last month, armed with their big white wedding gowns... Had a fantastic flight with Air New Zealand. ...the women boarded an Air New Zealand flight to Honolulu. They checked in to their hotel courtesy of House of Travel, and then, the big day itself finally arrived. What more could a girl ask for? No kidding. This is a dream wedding, it really is. Surrounded by family and friends, Tracey and Ali finally sealed the deal at the beautiful beach-front Hilton Chapel. The honeymoon rolled on. This happy ending proof that love really can conquer all. Aw. Gosh. Wasn't that gorgeous? That was an amazing wedding we weren't invited to. I would be great at weddings in Hawaii. I'll believe that. While we are on the topic of happy endings ` remember last week's story about the jet-boating birthday treat that went nowhere? Well, the generosity of a viewer has come to the rescue. Here's Hannah. (HORN SOUNDS) When Auckland Adventure Jet heard that young Riley Williams had missed out on his birthday treat of a jet boat ride with a different jet boat company, they stepped up to help. They invited the whole family ` mum, dad, sis ` and quite a few of Riley's mates out on one of their boats for doughnuts, spins ` the works. So a big thanks to Auckland Adventure Jet for giving Riley, his family and friends a great time out on Auckland Harbour. How was that? It was great, thanks. Thank you. Yay! How was it? Awesome, thank you. A bit wet, as you can tell. Was it worth the wait? Yeah it was, real fun. You know, it's nice to see people taken for a ride on Fair Go the right way. (CHUCKLES) In a good way. Now, one of things I've learned over the years is success in television is always a collaborative thing. That's right. You're excellent at presenting and I'm pretty good at standing here, looking pretty. Aww. No, we're a good team. We're a good team. And this year's Kids' Ad Awards has showcased some outstanding team work. Seriously. For some people, the world really is all a stage. I fondue. Do you? Classroom vending machine. Just type in what you want, and it will dispense what you desire! Look out, Sam Neil. There's some new talent in town. I wish my parents would let me get a pet. Oh, do I have the answer for you! The all-new Pet Rock. You're knitting?! (DRAMATIC MUSIC) You're mocking me. Am I? DEEP VOICE: Are you? Enough talk! Hey, and it turns out Taika Waititi isn't the only film-maker to watch. Stuntmen. (GUNSHOTS) (YELPS) Trick shots and special effects. (EXPLOSION) (ZAP!) Ahh! (FUNKY MUSIC) You guys had it all. Get some action. Watch Charlie's Cherubs. As for script writing, we got plenty of old favourites. Are you bored of the same old plain toys? Are you bored and have nothing to do? Are you tired of having super-boring pants? And some new ones ` Rock even beats paper. Stubbies. Perfect for on the farm, so you don't get your gonads zapped. (ELECTRICAL SIZZLING) That's one line that's sure to become a classic. I fondue. You should too. I could definitely do with some fondue. She is a star, and I'll tell you what ` next week the wait is over because we will reveal the winners of the Kids' Ad Awards. Looking forward to that. But that's our show for the meantime. Pippa and I will be on Facebook for the next half hour or so to answer all your questions. Mm-hmm. Our programme, of course, is all about your problems, your thoughts. We do love to hear from you. You can join us on Facebook or you can email us ` FairGo@tvnz.co.nz or write to us ` Private Bag 92038, Auckland 1142. That's our show. Until next week. Po marie.