Far North Deputy Mayor Kelly Stratford's image was used by Hobson's Pledge in a campaign against Māori wards. Photo / NZME
Far North Deputy Mayor Kelly Stratford has condemned her image being used by Hobson’s Pledge for its campaign against Māori wards.
Her photo appeared on the political lobby group’s Facebook page alongside her deputy mayor title and the words: “Didn’t need a Māori ward” and “Māori don’t need mandates to lead”.
The ad’s final words appeal to people to vote against Māori wards.
Stratford said she did not consent to the group using her image and called it misleading.
She said she stood for Māori wards and stood against her image unknowingly being used against Māori.
She was more concerned about whānau and friends who were shocked and hurt to see the post.
“The post reached a huge number of people, and while some might say there’s no such thing as bad advertising, the real impact has been on those close to me.”
“I have thick skin – as an elected member I’m portrayed in different ways and lied about daily, so I’m used to it.”
Hobson’s Pledge leader Don Brash claimed Hobson’s Pledge didn’t need her permission because she is a public figure.
“They are public property. If you are a deputy mayor or a mayor, you are public property. You can’t be a private person if you’re a councillor.”
University of Auckland Law School senior lecturer Nikki Chamberlain said even if someone is a public figure, organisations should be careful in using their image without permission and “context is everything”.
“If the image is used ‘in trade’ and injures the business goodwill of the claimant then there could be a cause of action in the tort of ‘passing off’. This is normally used in situations where a well-known person’s image is used to assist in the selling of a product or service. If the image is used in a defamatory manner then there could be a cause of action in defamation.”
She said there is case law which suggests that the privacy rights of public figures who court publicity is generally reduced, “because they intentionally place themselves in the public eye”.
“However, again, the answer to this issue depends on context and how the image is used. Public figures can still have a right to privacy.”
Chamberlain added that in New Zealand, it’s hard to take legal action over privacy when it comes to using a public figure’s photo because there is nothing inherently private about a politician’s photo – they are in the public eye and court publicity for their political career.
“However, there is a privacy tort in the United States called “misappropriation of likeness” which has not been adopted in New Zealand, although I have been advocating for it. The tort would provide a cause of action where someone uses a person’s image without their consent in a way that is highly offensive to the reasonable person.”
Chamberlain said best practice is to obtain consent from the person whose image you would like to use.
“If you do not obtain consent then ensuring that the use of the image would not be considered highly offensive, is not “in trade” and is done truthfully with any background facts stated on which any opinion is based [is advised].”
Brash explained Stratford was chosen because she is a Māori deputy mayor who did not need a Māori ward in order to be elected to council.
“She got there on merit and that’s great,” he said.
“We’re trying to point out that you do not need a separate Māori ward for Māori to be elected to council.”
Brash said Māori were “absolutely qualified and competent” to be elected in wards and had routinely done so for years.
He also claimed there was no evidence to show that Māori are under-represented in local government.
However, research published last year in internationally revered academic journal the New Zealand Geographer discusses how Māori make up approximately 17.8% of New Zealand’s population, yet their representation in local government has historically been much lower.
Stratford said the fact that she was elected did not mean the system was fair or representative for all Māori.
“One person’s success does not erase the barriers that exist for many others.”
She believed Māori wards were about ensuring fair representation and honouring Te Tiriti o Waitangi.
“They are not about special treatment, they’re about equality.”
She said there was no extra cost for having Māori wards and no extra votes.
Stratford is the latest in a string of people to criticise the group for using their image without their knowledge for its campaign against Māori wards.
Rotorua kuia Ellen Tamati was devastated to find a photo of her taken at Waitangi on billboards asking people to vote no to Māori wards.
Rotorua Mayor Tania Tapsell spoke out against the group using her image, taken by NZME, along with comments she made on two separate occasions.
Hobson’s Pledge removed both images after being contacted but replaced Tapsell’s with a photo of her from the Rotorua Lakes Council website.