Choice words from Steve Irwin, television's Crocodile Hunter, were analysed in the Auckland District Court yesterday, as Air NZ defended claims it ran false advertising.
Max Cryer, host of National Radio's Curious Questions, was quizzed by Air NZ lawyer Nathan Gedye about the words fair dinkum. A pun on the
phrase - fare dinkum - was used by the airline to promote its Tasman Express fares to Australia.
Cryer was asked whether Steve Irwin - "the Crocodile Hunter" - represented "an extreme form of the Australian male".
"Yes," said Cryer. "Though may I point out that he's not an etymologist [an expert on the origin of words]."
Gedye quoted Irwin using the phrase "fair dinkum" when describing Australian Prime Minister John Howard.
Cryer told the court that the words were not "an Australianism" despite it having high usage in Australia. He later agreed that it was "an iconic Australian phrase" but said it was almost as iconic here in New Zealand.
Air NZ is facing 20 sample charges of breaching the Fair Trading Act, with the commission saying it broke the law in 355 newspaper advertisements.
Opening the defence for Air NZ, Gedye told the court that the airline and Qantas had been singled out for prosecution by the Commerce Commission.
It was a test case aimed not at a single advertiser but at the whole industry.
Rather than pursuing hundreds of prosecutions, Air NZ suggested asking the High Court for a declaration as to what kind of advertising would breach the act.
"This was seen as a constructive option, likely to provide general guiding principles by the High Court for the whole industry ... " said Gedye.
Gedye said the whole prosecution centred on outdated and obsolete advertising.
Those buying air tickets were described as "high involvement purchasers" - all having to proceed to a travel agent, call centre or the internet to pursue travel arrangements. The case, before Judge Stan Thorburn, continues.
