Some wording in direct marketing material for the Otago stadium has been ruled exaggerated and misleading to the consumer by the Advertising Standards Authority.
Dunedin resident Michel de Lange made the complaint over advertising material seeking sponsorship for the stadium, produced by Marketing Bureau Ltd for the Carisbrook Stadium Trust and distributed to some letter boxes in Dunedin last October.
The part of Mr de Lange's complaint accepted for consideration by the ASA complaints board concerned a statement in the covering letter that the Dunedin City Council and the Otago Regional Council had confirmed their funding for the project.
Mr de Lange contended it was misleading because it did not mention any conditions and deadlines for funding, and potential sponsors could be misled into thinking public funding was " in the bag" when it was not.
In its response, Marketing Bureau expressed surprise the ASA had opted to proceed with the complaint, which it regarded as "frivolous and vexatious", saying that decisions made by the councils made it clear both had made funding commitments.
However, the complaints board took the view that confirmed funding meant exactly that, not funding that was conditional. Accordingly, the board upheld the complaint.
All parties have been requested to voluntarily withdraw the advertisement in its present form and ensure advertisements containing the material complained about do not appear in future.
Last night, the Carisbrook Stadium Trust issued a statement saying if it had been aware of the original complaint, which it also described as vexatious, it would have made submissions on it.
It dismissed claims from Stop the Stadium president Bev Butler that private funding contracts could be legally challenged because of the misleading advertising. The decision would have no bearing on contractual agreements for memberships which the trust had secured, the trust said.
It does not intend to instruct Marketing Bureau to appeal the decision.
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