MINISTRY OF BUSINESS, INNOVATION Ex HIKINA WHAKAYUTUKI 30 May 2015 i refer to your emaii of 3 May 2015 requesting the following under the official information Act1982 (the Act): "An aide memoire to the Minister of Conservation {March 10, 2015; Doc CM 2733570; noted that MBIE was "preparing some advice on the wider tourism policy issues around Wicked Campers" which would he provided to the Associate Minister of Tourism. i would like to request a copy of that advice under the al A copy of the two documents that fail within the scope of the request is attached. Some information which has been identified within the scope oi your request has been withheld in part under one oi more oithe sections otthe Act: - Section as withholding the information is necessary to "protect the privacy of natural persons, including that of deceased natural persons," - Sectinii sizilfliivl as withhoiding the information is necessary to "maintain the constitutional conventions for the time being which protect the confidentiality of advice tendered by Ministers of the Crown and officials". Sectimi as withholding the information is necessary to "maintain the effective conduct of public affairs through the free expression of opinions by or between or to Ministers ofthe Crown or members ofan organisation or officers and employees of any department or organisation in the course of their duty." - Section 9(2)th as withholding the information is necessary to "maintain legal professional privilege. The grounds for withholding are marked on Each extlusion. Under section 9(1) oi the Act, no public interest in reieasing the withheid intormation has been identified that wouid be to override the reasons tor withholding it. Vou are entitled to ask the Ombudsman to review my refuse! to provide some of the information you requested under section 23(3) ofthe Act. Vours sincerely Kate West Tourism Policy Manager TOURISM, SECTORS, REGIONS AND CITIES eel e. MINISTRY OF BUSINESS, INNOVATIDN WHAKATUTUKI BRIEFING Wicked Campers Date: 11 March 2016 Priority; Medium Security In Confidence Tracking 2487 15?16 classification: number: Action sciig ht I A Action sought Deactl?ni?) Hon Paula Bennett Agree to and note the i1 '16 0\ Associate Minister of Tourism recommendations 4 A Contact for telephone discussion (if Name Position 4 H'st contact 'KateWest ManagemTo?urismW Craig Melro?se The following demeieekgaf??wonsuhed 1:1 Treasury <3)Other Mi ister? Approved El Declined QR Noted Needs change . Seen Overtaken by EVentS See Minister's Notes Withdrawn Comments: BRIEFING Wicked Campers Date: 11 March 2016 Priority: Medium Security in Confidence Tracking 2487 15?1 6 classification: number: Purpose This briefing provides you with background information relating to Wicked Campers and the potential options to address the issue of Vehicles displaying imagery or slogans are deemed to be offensive. It also seeks your agreement to undertake further work on thi i a The Ministry of Business, Innovation and Employment re tyou a seizesstarters: 0" Noted in Note that there are no curre at cifica dyertising on rental vehicles in New Zealand, and there ent we existing framework. Noted Agree to fo rto ?e Conservation. Agree Disagree cl icials cuss he Tourism industry As?sOciation the possibility of engaging r: edcxa? tline cemmunity concerns overtheir advertising content. Agree Disagree undertake further work to explore a collaborative sector response to Wicked Campers issue, alongside the Department of Conservation, Tourism- Recommended action A A . try Association and other relevant stakeholders. Agree Disagree Agree to discuss with officials further options to address these issues at the next catch up. Agree Disagree Kate West Hon Paula Bennett Manager, Tourism Poiicy I AsSOciate MiniSter of Taurism Labour. Science and Enterprise, MBIE I I 11/ 3 I 2016 2487 15?16 In Confidence 1 Background 1. Wicked Campers is an Australian-owned company that offers cheapcampervan hire in New Zealand aimed at the budget backpacker Visitor market. While for the most part their advertising is relatively benign, asmall portion of Wicked Campers' vehicles carry advertising that could be considered highly offensive. 2. Over the last four to six weeks. community concerns about Wicked Campers' advertising have been highlighted repeatedly in the media. This includes several complaints relating to slogans. images or advertising on Wicked Campers vehicles. Your colleague Dr Shane Reti. MP for Whangarei. raised this issue in the House recently and Family First has launched a campaign to have offensive advertising removed from Wicked Campers vehicles. 3. There is a perception amongst some members of the public (as highlighted during your recent interview with Radio New .Zealand) that more needs to be don eliminate the offensive material displayed on some Wicked Campers campervans. 4. This issue isnot new; complaints about Wicked Campers Authority (ASA) date back to 2010. 5. This issue is also not limited to New Zealanders' adverting; left unchecked it could cause po overseas visitors and detract from the visitor 6. You have asked tourism of?cials possible under the current setting options for different respons ingS r7 ut the ts ensiva to i amongst . ew . ?a reaponses that are Egg? hr work that may provide cerns on this issue. There are a range Campers, the legislative and regulatory environment is as and bodies have responsibilities that relate to advertising some initial work to identify the current levers and determine their . a table below)? This list is not exhaustive. MBIE recommends further work ny additional existing levers and consider their potential effectiveness. Our initial ent is that the current regime for managing advertising on rental vehicles does not - ear to have sufficient powers toprevent inappropriate material from being displayed on vehicles. Lever Description Advertising Since 2009. the ASA has considered Code of 20 complaints against Wicked Practice Campers, ofwhich 13 were upheld. Advertising with three additional complaints Standards resolved prior to hearing. Authority See Annex 1 for details. 1 ltis likely that at least some Wicked Campers are hired by overseas visitors and that the campervans are booked online prior to visitors arriving in New Zealand. Wicked Campers also operate in Australia. the United Kingdom. Europe, Canada. United States of Am erica, South America. Africa and Japan. 2 The NZ Transport Agency (NZTA) has received some complaints about Wicked Campers in the past. The Land Transport Act 1998 sets out the legislative framework for land transport regulation and safety. including vehicle Certificate of Fitness and Warrant of Fitness (WOF). As NZTA do not oversee adVertising on rental vehicles the NZTA iegal advice to date has been that any complaints against Wicked Campers should be referred to the ASA. 2487 15-16 In Confidence 2 Lever Description Council bylaws individual councils Councils have the ability to create sign bylaws. which comply with the ASA Code of Practice, relating to bad taste or offensive language. Whangarei and Queenstown Lakes Councils are Considering this. There are two options available to Councils where the bylaw is breached by a vehicle: - lmpdunding - the process can take days and the vehicle can move to another area - Issuing an offence notice and prosecution a the more likely scenario, The maximum is $20,000 for breach .. yaw A Film, Videos, and Publications Classification Amendment Act 2005 The Act provide {Car New Ze . v. el mework ns fort le islation rations Th NZ Transport Agency (NZTA) has received some complaints about Wicked Campers in the past.- The Land Transport Act 1998 sets out the legislative framework for land transport regulation and safety, including vehicle Certificate of Fitness (GOP) and Warrant of Fitness (WOF). As NZTA do not oversee advertising on rental vehicles the NZTA legal advice to date has been? that any complaints against Wicked Campers should be referred to the ASA. 1.0. It would be exploring Whether any land transport legislation 'can be applied. or amended for application, to offensive material displayed on vehicles. proposed Next Steps below would include this. 9(2)(li) 11. 12,. 13. 2487 15-16 In Confidence Option ii in the 3 14The Public Order Act 1986 (United Kingdom) You name asked officials to look into UK legislation which was suggested as a possible example for addressing the Wicked Campers issue. We believe the Public Order Act 1-986, is the legislation referred to. Under the Act, which covers a range public order considerations, there is a specific reference under "Affray" (Chapter 5* - Offences): "a person is guilty of an offence if or d? . i any writing, sign or other visible representation which is threat - possible defence can be made that the defendant had so was offensive. i i? I . priso@?meeding two . regarding advertising 0n Wicked Campers. 7-: - equivalent was meeting with the Queensland The Act provides a range of penalties includin years, or a fine, or both. for Wicked Campers Australia to remove offensive slogans from its 127,000 signatures. The Wicked Campers founder committed to ui- prevailing community opinion by removing the slogan in question and ommitment over the coming six months to changing slogans of an insensitive ?2487 15?16 or . One offending slogan was confirmed to have been removed from the company's icles. Next Steps 21' In Cenfidence 4 9(2)(f)(ivi 2487 1546 sy@% Collaborative Sector approach: The ASA has been discussing With the NZ Police how the tourism sector could manage this issue. There has been a suggestion that a "collaborative sector approach" be taken such as individual camp grounds (including Department of Conservation (DOC) camping grounds), petrol stations and backpackers banning campervans with inappropriate signage. The use of social media is another avenue that could be explored. However, this would be a decision for individual business aware. and there is the likelihood that this approach will simply displace the problem 8.9. campervans using freedom camping sites, or purchasing services in another location. @Bsig?o?i - et? . in Confidence - 5 Annex 1: EXampIe of Advertising Standards Authority decisions On "complaints against Wicked Campers Complaint 111454 Complainant: Co'llins' Advertisement: Wi?ked Campers Complaint: The magazine advertisement featured an image of a mountain With aperson inhaling a' white mound through their nose in the manner which suggested narcotic activity. The words: "Wicked 100% pure New Zealand" featured along the bottom or the advertisement. complainant, E. Callins, was of the view that the advertisement was offensi portrayal in New Zealand in association with cocaine consumption. gk The relevant proVision was Basic Principle 4 of the Code 01% he Advertiser, Wicked Campers, said: ?Wicked ZC is int -- sing wn before this Standards Authority in New Zealand that the adv uesti' complaint was filed." The Chairman said that it We ThetChainnan ruled that . qu? te on the back of the Wicked Campers van said big legged woman aint got no soul. ickedcamperscom." The Complainant said the quote on the rearvof the rental vehicle was offensive and inappropriate and could be damaging to children. The Complaints Board was disappointed that this particular Advertiser had a policy of not responding to complaints (14/097, 14/092; 14/404; 14/544; 15/042; 15/043). It also expressed its concern at the Advertiser's refusal to engage with, and respect, the principles of self-regulation. The Complaints Board said the quote on the rear of the vehicle was deliberately provocative and Was likely to cause serious and widespread offence to most people and woman in particular and ruled to Uphold the complaint. [Advertisement to be removed] 248715?16 In Confidence 6 a MINISTRY OF BUSINESS, INNOVATION EMPLOYMENT WHAKATUTUKI Comments: BRIEFING Wicked Campers additional information and new developments Date: 16 March 2016 Priority: Medium Security In Confidence Tracking 2517 15?16 classification: number: Action sought A Action sought Deadli??n Hon Paula Bennett Agree to and Note the 3 16 Associate Minister of Tourism recommendations 4 0 3 m\ O9) 43 Contact for telephone discussion (if Name Position A ?h/oneM\ 1st contact Kate West Manager, Tou/ris\m Xi) Melanie Sue Senior or The following deparf?ge??MesM? \epnsulted [1 Treasury MSD TEC MOE NIwa A DIA TPK MOH WV l3 Other: Of?ce of Film and Literature Classi?cation Minister?s i .- EIApproved El Declined El Noted Needs change - I:l Seen Overtaken by Events See Minister's Notes Withdrawn BRIEFING Wicked Campers additional information and new developments Date: 16 March 2016 Priority: Medium Security In Confidence Tracking 2517 15?16 classification: number: Purpose This briefing provides you with the additional information you requested on possible legislative changes that could be considered to have the effect of banning the display of offensive material on Wicked Campers? campervans. It also updates you on the development of a jo' New Zealand Police and Office of Film and Literature Classification approach to Wicked offendg? vehicles. Recommended action A 0A 3 A The Ministry of Business, Innovation and Employment Wat $5 a Note that the Office of Film and Literature 0% A Q. ce are working together to classify the material displaye is expected to take around one month Noted Note that if classified a - display of the material can be limited or banned, with bre 9 Si -.- imprisonment, enforceable by the Police Noted Notet eep yo 5 the Office of Film and Literature Classification and :u ice rkpro es - Noted .. - Noted Agree Disagree Kate West Hon Paula Bennett Manager, Tourism Policy Associate Minister of Tourism Labour, Science and Enterprise, MBIE 16/3/2016 2487 15-16 In Confidence 1 Background 1. On 11 March 2016, MBIE provided you with a briefing outlining the current settings and possible responses to the issue of Wicked Campers? campervans displaying offensive material. 2. We understand you are meeting with Dr Shane Reti, MP, on 17 March to discuss the Wicked Campers issue. You have requested further information relating to legislative changes that could be made to address this issue more effectively, and Advertising Standards Authority (ASA) powers of enforcement and possible changes to increase its enforcement ability. 3. MBIE has engaged with the Office of Film and Literature (Classification Of?ce) to discuss the applicability of the legislation it administers to the Wicked Campers issue. The Classification Of?ce has advised that it has begun working with the New Zealand Police to classify the material displayed on Wicked Campers? vehicles. Office of Film and Literature Classification working with @aland Police A (Q 4. The Police have made a submission regarding Wicked wh?>Classi? under section 13 (1) of the Films, Videos and Publicati 'ca IO VP . The FVPC Act provides a very broad definition of a the . f?ce has . .- with the application of are individual campervans. ast one clear photo of the license assify each publication (van) against the . a nutshell, a publication is objectionable if it deals with matters such as sex, horror, crime, hat it is likely to cause public harm. nge of factors in determining whether a publication is objectionable or actors need to be considered in determining whether a publication should be let to a certain age group. There are three outcomes to the process. A publication 8. (va could be: - Unrestricted meaning that anyone of any age can view it; 0 Restricted to those of a certain age or over (usually 13, 16 or 18 years of age); or 5. The Classi?cation Of?ce has not ?publications?, but neither they nort the legislation. In this case, Photographs of all four sid .. 6. Objectionable (banned in other words). 9. If a publication is banned it becomes illegal to possess the publication or to distribute or exhibit the publication in any way. There is a strict liability offence for possession of an objectionable publication (without knowledge) attracting a fine not exceeding $15,000 (per instance) for an organisation (and not exceeding $5,000 for an individual), Possession of an objectionable publication with knowledge attracts much heavier criminal penalties, as does distribution of an objectionable publication. - 10. If a publication is restricted it becomes illegal to display, exhibit or distribute the publication outside the terms of the restriction. The Classification Office can set conditions on the display of any restricted publication (in addition to restricting its availability to certain age groups). For example, requiring the publication to be covered in public unless proof of age is obtained. Breach of any aspect of the restriction attracts penalties fines not exceeding $10,000 for an organisation (up to $3,000 for an individual). Again, the penalties are much higher ifthe breach occurs with knowledge. 248715-16 In Confidence 2 11. 12. If any of the vans are restricted or banned, the Police will be able to take some action. If the vans are rented out after Wicked Campers has been advised of the decision then serious criminal penalties, including imprisonment, could apply. The Classification Of?ce expects that this process will take around one month, with a portion of this relating to the time which must be allowed for the publication owner to respond. We will keep you updated on this work as it progresses. Possible changes to legislative framework 13. We anticipate that the joint Classification Of?ce?Police approach to Wicked Campers will be successful, at least to some degree. However, as directed, we have further considered possible legislative avenues for addressing the issue of offensive material displayed on vehicles. These are brie?y outlined below. LS erw ?v aw ?an Advertising Code applicable but enforcement is difficult to strengthen 19. 20. We have contacted the ASA to discuss how its tools could be strengthened to. increase its powers of enforcement with regard to offensive material displayed on vehicles. The ASA advises that its enforcement of the Advertising Code of Practice (Advertising Code) relies on the voluntary engagement of its members.1 Once the ASA complaints board has made a decision to uphold a complaint, the advertiser is contacted and asked to remove the 1 The ASA is an incorporated society which acts as a self?regulatory body for the advertising industry. 2487 15-16 In Confidence 3 advertising in question. However, while this is respected in the vast majority of cases, the ASA has no powers to enforce the ruling. 21. The ASA also advises that the bulk of complaints it considers relate to misleading advertising, as opposed to offensive material. Where advertising material is deemed to be misleading, there is a range of agencies that the ASA can refer the complaint to, which have greater enforcement ability (these include the Financial Markets Authority, MedSafe and Broadcasting Standards Authority). With respect to offensive material, at present there is no applicable agency. 22. At this point the ASA cannot identify any obvious legislation that could be strengthened for application to offensive material on vehicles, not any appropriate changes to the Advertising Code (noting that the vast majority of complaints to ASA regarding Wicked Campers are upheld). 23. Next steps A A travel book publisher, announced that it would . editions of its New Zealand and Australia guidebooks u- . Further coordinated activity could include encouraging vel writers and online advertising hosting sites to refrain from icked Campers. uraging a collective approach by camp grounds, airports, parking stakeholders and influencers to ban vehicles displaying offensive material ute to impacting Wicked Campers? business and forcing it to change tack. We - nd that the Holiday Parks Association of New Zealand (HAPNZ) has issued advice .0 it members regarding Wicked Campers and recommend that camp grounds refuse entry where a vehicle displays offensive messaging. 27. HAPNZ would support a coordinated approach to banning Wicked Campers with the caveat that an industry approach would be required to ensure that there are alternative options for hirers or potential hirers of Wicked Campers. 248715-16 In Confidence 4