Slap on wrist for MP pictured in ad with schoolboys

Paula Bennett

National Party list MP Paula Bennett won't be posing with school boys in future election campaigns after part of an Advertising Standards Complaints Board decision went against her.

The board ruled that a photo used in a National Party Waitakere electorate promotional postcard of Ms Bennett and a group of boys from Kelston Boys' High School wearing their blue jerseys breached its code of ethics.

"No photos with the boys next time," Ms Bennett said. "It was a trap for young players and it won't happen again."

Principal Steve Watt complained about the photograph, taken at the Arataki Visitors Centre in the Waitakere Ranges.

"The complaint is that the photograph was used without the permission of the boys or their families and was a blatant abuse of the school's profile," he wrote to the board.

Before complaining to the board, Mr Watt had raised his and the school board's concerns with Ms Bennett and her campaign organiser Michael Kidd, a Henderson barrister.

They said the boys were told what the picture was for and had given their permission but Mr Watt said when the boys were asked it was clear some of them did not understand and a parent had complained.

Initially Dr Kidd said he didn't know about the picture but later said, while it was better permission be obtained in advance, it did not amount to a breach of privacy, Mr Watt said.

"Perhaps now there is a new Government installed you could take this up with your local Member of Parliament (Waitakere and Labour MP Lynne Pillay who won the seat) and have the law changed," Dr Kidd wrote.

Once a complaint was lodged with the board, Ms Bennett's lawyer tried to argue it did not have jurisdiction to consider the complaint.

They wrote that Ms Bennett was not trying to show the boys were endorsing her and that she had asked for permission.

However the board said the photo clearly gave the impression the boys endorsed Ms Bennett and the National Party.

"This impression was extended through the fact that the school uniform was blue, the National Party signature colour. Although the school was not named, the Complaints Board was in no doubt that it was clearly identifiable from the school uniform."

The board said it was unclear what the boys were told about the photograph and even if all the facts were given to them that was not an adequate basis for using it in the ad.

The second part of the complaint that the advertisement blurred the line between factual information and fact was not upheld.

Ms Bennett had already apologised over the photo and said today she had not meant to offend.

She added: "I apologised well before any complaint was made... you know what it's like when lawyers get involved, that was very much a legal call really."

The school's switchboard was unattended today because of school holidays.

- NZPA