www.able.co.nz Copyright Able 2023 Tonight ` lives ruined, hundreds of thousands of dollars taken, and no homes in sight. - I just don't know how he sleeps at night. - We are on the trail of the director of a tiny homes company who disappeared, taking people's dreams with him. - I was trying to email and phone you, and we couldn't get you. - Plus, she needed cutlery, scored herself a bargain, but was left with a bad taste in her mouth. - I took a good lick of it after dinner, and just this really gross metallically taste stayed in my mouth for a couple of hours. Ugh! The big question for me is, is this good for me? Is this good for my family? - We ask the experts why these spoons were the most memorable part of dinner. - Tena koutou katoa. Welcome to the show. Tiny homes are big business right now. But for the people in our next story, the issues they've created are huge. Devastating, in fact. - Yes, Fair Go heard from eight people who paid big bucks to NZ Modular Homes over the last few years and received nothing but heartache and loss. Now, of course, they want answers. Gill has their story. - High up on a hill near Whangarei, a retired builder is back on the tools. - I know that Dad knows what he's doing. He's old school, but he's doing things that he can do for me. - And Vanessa's paying him and her brother the only way she can ` rest and refreshments ` because her money is all gone. She spent it 18 months ago on a fully kitted-out dream home that never came. - That money was everything I had. It left me in a really bad state, mentally. Um,... Sorry. Um, I had to really pull it out of the bag. Sorry. I didn't mean to do this. - So, this is the man she paid the money to to get the work done ` Warren Sinclair. And this is his company, NZ Modular Homes. And according to his website, they build off-site, delivering customers 'a great home with a simple order process and fast delivery'. So, that's his story, but we've uncovered a tale which shows that there's no fast delivery ` in fact, there's no delivery to the eight customers that complained to Fair Go. Back to Vanessa, and her excitement in October 2021. - I wanted to create a little bit of a retreat ` for myself, but for family and friends to come to. - And what a place to do it. And what a great builder she had found in Warren Sinclair ` or so she thought. - It seemed like just wanted to help me, cos I was woman on my own. - She was living in her bus, but the wheels were already turning, Warren promising delivery of two units, one fully furnished, in two to three months. Vanessa happily parted with $40,000 towards it. While waiting, she saw a news item. Another of Warren's companies, Ready Homes, was being taken to court. The complainant said he'd paid half a million dollars, but a year later had no home and no refund. On questioning, Warren was very quick to put Vanessa at ease. - He made it out like he was the one that the guy was mucking around, rather than the other way around. - Down country, just outside Rotorua, Kris and Don's pet chooks were about to get a new neighbour. So, this is where it was gonna be? - Yes. Yes, it is. And then she could have the view of the backyard. - Kris was helping her mum buy a home from Warren Sinclair. - My mum was gonna move in with us, and she was gonna have a container home. She loves animals, so she was looking forward to that. - It started off well. They were paying Warren in instalments, totalling $89,000. - He was quick to respond to emails, phones, text messages. - Back up north, Tim was looking to build in Northland on a plot of land he'd bought. Warren was helpful and friendly, even sending family snaps. - Very human types of photos that, again, aligned with our family values. - Tim felt he was in good hands with his investment plan for his whanau. - The idea was to take land that was reasonably inexpensive, something with a small consented tiny home on it, and then sell it for profit within a year. - After a marriage break-up, the end game was stability for his kids ` a forever home. - It was all about putting something for the future, for my tama, and also for my daughter overseas. - Tim's girlfriend, who lives in Auckland, helped with planning and design and found Warren very attentive. - He used to message me all time. 'We should grab a wine,' you know, we grabbed coffee. We went to an aluminium joinery place to try and cut costs. - With such a strong connection, Tim decided to trust Warren with $138,000 up front. So, we know by April 2022 Warren Sinclair had a fair pot of money from these three customers, and also from these customers, who also complained to Fair Go. And not a single one had a completed home to show for it. In fact, some were well overdue, like Vanessa's. She called in at his work site and was shocked. Hardly any work had been done. - They were just black boxes. Yeah. So, black wasn't even the colour I asked for, either. That was Ironsand. You know, I was starting to get a little bit like, 'OK, this is going as you said it would go, and you're actually a bit of a snake.' - And with winter just around the corner, living on a bus had lost its charm. - It was freezing, and it was horrible and miserable. - No heating, and no way of getting it fixed. - Because Warren had my money, so I couldn't do anything about it. - By now, Kris' mum's home should be in place here too. But still an empty space. But mum Gayle kept believing. - She'd sold her house, expecting the container unit to be here. - New delivery dates came and went, and it was getting more urgent for Kris' mum. - She was diagnosed in July with pancreatic cancer. She was dying by that stage, and she didn't have her home that she'd paid for. - Did you let him know about your mum's condition? - She said to the secretary that she was sick and that she just wanted her container unit and her own space to be. He just ghosted us. Haven't heard from him since. - So you're getting the picture. No product was going out, but more money was coming in. Warren wasn't finishing the cabins for these guys, but he was busy singing up new customers, like Lisa and Kenan. For up here in the hills near Kerikeri, Warren suggested building straight on to the land. - And he said that would not be a problem. - They paid him $53,000 for... - 164m2 house with a polished concrete floor. - And talk about the hard sell. - As soon as the deposit was paid, he promised to deliver a cabin for us to use. - But no cabin, so they had to rent this cabin themselves ` an extra cost they hadn't bargained for. And they faced 4am starts as ambulance workers through winter, without heating or running water. - We go into these 12-hour emergency service shifts, and we're living in this situation, which he has done to us. - Their on-site build didn't even get started. But their concerns did ` contractors refusing to work for Warren because of unpaid bills. Warren stopped communicating, so... - We found a name on the contract, which was his dad. - Lisa and Kenan and another couple worked directly with Warren's dad, Ken Sinclair. But then he stopped communicating too. They got lawyers involved. - Nothing's happened, so they've got our money, and we've got literally nothing. - Yeah, nothing. - And now we're, like, a hundred grand down. - And no explanation? - No, no explanation at all. They've just disappeared. - Just gone. - Tim was told his contract couldn't be completed, but he'd get a full refund. It never came. - It was foolish of me, perhaps, to not have secured the money when I paid it in, but it doesn't mean that you have the opportunity to steal it. - They're at a loss. Warren is busy as director of several registered companies but showing no commitment to the one supplying their homes. - He needs to be stopped doing what he's doing, because he's very good at it. - And it's not right. I just don't know how he sleeps at night. - It's actually really heartbreaking, and I agree with Kris ` I don't know how he sleeps at night. - Yeah, forget about Where's Wally. We're after Warren. So coming up, Gill heads to Whangarei to find the man responsible and to push for answers. - I was trying to email and phone you, and we couldn't get you. And will a High Court decision help those involved? - She said it was her dying wish that Warren doesn't do this to anyone else. - So that's what we're gonna do. - Plus, can your cutlery affect the taste of your dinner? - That's gross. - Kia ora, nau mai, hoki mai, welcome back. For the people who paid hundreds of thousands of dollars to Warren Sinclair of NZ Modular Homes, the wait continues. But they're not giving up without a fight. They want answers. - Yeah, so what are their rights? And where the hell is Warren? Gill headed to Whangarei to track the man down. - Containers, modular units, tiny homes ` call them what you will, they're big business right now, and can be big risk. - There's very little regulation around tiny home builders right now. And as a result, for example, there's not one industry standard construction contract for tiny homes. - And if you're getting a build off-site, like Tim did, the risk is all yours. - Yeah, I think that's shocking. - Tim's lost $138,000 and has no home to show for it. - Because the house has been built off-site and not on an existing piece of land that you own, that means that you don't have control over that house. - After being let down by Warren Sinclair, Tim had to sell the land and give up on his grand plan. - What he's done is taken away a bit of my openness and taken away a lot of the security for my tamariki. - I'm gonna miss it. Are you gonna miss it? - Yeah, I will. - The same sad story for Lisa and Kenan. - At the moment, this property is for sale. - It's sad. Sad. - Yeah. Cos I wanted to retire here. - I used to call this my happy place. - Yeah. Now it's not. Yeah. Aw. Hon. Are you all right? - For Vanessa, though, it was a little different. In April last year, she knew a couple of containers at Warren's build site were likely hers. She figured, better than nothing. - I was gonna have to help myself, so yeah. So I organised transport and I picked up those cabins myself. - It cost her $4000 she didn't have. But her Dad is helping fix them up. Warren wasn't happy but agreed she could keep them, on condition she made no further claims. It's not a course of action this lawyer recommends. - It's a very tempting option. However, you might get trespassed, or things could go in a direction that you weren't planning. - But there's hope ` real hope, moving forward. - The recent tiny house case which was come through from the High Court does give a leg up. - Even for homes built off-site and moved on to your land. - If you have partially or fully paid for a home and you can point at a home and go, 'That's one's mine,' then it's possible that the court will say, yes, you have what's called an equitable lien over that property. - This means you have a claim to the tiny house that's considered before other creditors, if liquidation occurs. - It's a big win for tiny home purchasers. - A big win for the future. But right now, Warren's customers aren't doing any victory laps. Few can actually identify a tiny home that's really theirs. Some aren't even sure that theirs has even been built. But I tell you what has been built ` lots of walls for this guy to hide behind. If you look at any of his websites, there's no photo, no name. And we've tried his email and his phone several times, but no response. But we did get hold of his dad, Ken, first asking about Lisa and Kenan. Well... They did pull out, but only because the company failed them. And Ken should know ` he was project manager for them, and for another customer left with nothing. A lot of these people's lives have been wrecked by this. They've lost their life savings. Yeah, we're just not sure how. We try. He's not rolling out the welcome mat, though. But this is where the Modular Home building was supposed to happen, so we thought it was worth a look. It's kinda weird, isn't it? It's like a ghost town. We see a couple of unfinished builds. Heaps of tyres. But no Warren ` or anyone. Not even anyone to ask. So we stop down the track to pack up our gear, cameras switched off, just as... Warren appears from a side track. I was trying to email and phone you, and we couldn't get you, so we just thought we'd come and ask if you were here. - No engagement. But this is about cases that aren't even in court. - No sign of remorse. OK, we'll leave. But don't you think your customers deserve an explanation? Warren? It's a lot of their money you've got. And no choice for us ` we have to go. Once off the property, we call again. - (RINGING TONE) - And we wait ` for hours. We don't know if he's driven off via another exit, or if he's planning to stay the night, but sadly he's not showed up, and that is so frustrating ` not just for us, but for his customers, who are owed all of that money and don't know where it is. - It was 138 grand cash, you know? It wasn't his right to re-invest that anywhere. It wasn't a gift. - Customers could take Warren to court. - The problem is, even if you are in the right and you get a judgement against the tiny home builder, there is no guarantee, of course, that you'll get your money back. - So to what end? His previous company, Ready Homes, was placed in liquidation last year, which didn't stop him operating other companies. - It's in the people like Warren's favour, which is not fair. How come people can start another company, like he has, and just keep going? - That could change. - Liquidators have a relatively new duty to report what are called serious problems to the regulators. And one of those might be that a director just hasn't done their job properly, entered into contracts the company couldn't perform. It may be that MBIE takes proceedings to ban the director for a certain period of time. - All these customers believe they have proof of mismanagement. Tim has texts from Warren saying he was at a building consent meeting with the Far North District Council and was awaiting their reports. But the Far North District Council confirmed it never happened ` not for Tim's build or for Lisa's. They were told consents were underway and solar system ordered ` they say not true. Plus, Warren took their money knowing he was already failing to deliver other builds. It may be that Warren is worried all of these actions will be investigated. In the last few weeks, we know that he's transferred the directorship and all of shares from this company, Retyred, to ` you've got it ` his dad, Ken Sinclair. Warren knew another court case was looming. It's Kris that's applied for liquidation, in honour of her mum. - She passed away in September. - Kris had to accept her mum would never see the house she'd spent her savings on. - He ripped my mother off. She paid the full $89,000 and got nothing for it. - So with the little money Kris and Don have, they're battling for Gayle. - She said it was her dying wish that Warren doesn't do this to anyone else. - So that's what we're gonna do. - That's money well spent, if we can shut him down. - Phew! - So good on Kris and Don for doing that. It's not an easy thing to do. But they took that application to the High Court last week, and the court ordered NZ Modular Homes be put into liquidation. Unfortunately, it will be some time before his customers find out if they will get any of their money back. But here's hoping, and we will update you on their progress. - And Warren, there's a special place on our show for you ` any time you want to come and explain all, you're more than welcome. All right, E haere ake nei, coming up ` she thought she'd got a sweet deal on cutlery until,... - Hmm! Hmm! I feel like I'm licking a battery. - It actually tastes like blood. - Why are these spoons causing such a stir? - Hey, Toyota. - (BABY FUSSES) - WHISPERS: Got something safe? It's kind of a big deal for me now. - Yeah, take your pick! WHISPERS: 'Oh, sorry. 'These all come with Toyota Safety Sense as standard.' - Will it be looking for signs of danger? - Well, yeah. It has a pre-collision system with autonomous emergency braking. - Can it help me stay in my lane? - Actually, it can. (CAR ALARM BEEPS) - (MAN SPEAKS INDISTINCTLY) - Can it help me keep a safe distance from others? - Yep, that too. - Do you do 5am test drives? - Kia ora, nau mai, hoki mai, welcome back. - Now, if you are anything like me in the kitchen` - Hope I'm not. - Excuse me! A bit of a dab hand. There are plenty of things that usually go right, but sometimes the odd thing goes wrong ` I'll admit it, getting too creative, maybe the odd ingredient gets messed up; my wife says I'm a very messy cook. But what she forgot to say was a very good cook too. Anyway, things can go wrong. But one thing you don't expect is for your cutlery to change the taste of your meal, which is why Susan came to Fair Go for help. And Kaitlin took on the challenge. - Things... - Sweet. - ...that taste... - Salty. - ...about how you'd expect. - Sour! - And one that doesn't, and probably shouldn't. - Metallic? - Yep. Susan can taste her spoons. - I thought, cutlery isn't supposed to taste like this. It's supposed to be, like, a neutral taste. - She picked up the set from the Warehouse Botany in Auckland. - I just wanted a little spare set, really. Quite the bargain. - It said 'stainless steel' on the label, and I thought, 'Wow, really? For $20? Stainless steel? Do you want some salad? - But pretty soon it wasn't such a sweet deal. - I took a good lick of it after dinner, and just this really gross metallically taste stayed in my mouth for a couple of hours. Ugh! It made me feel quite sick, actually. - Why didn't you just take them back to the shop? - I could have, but what am I going to tell them ` 'These cutlery taste funny'? - Besides, for 20 bucks, she now had some major concerns. - The big question for me is, is this good for me? Is this good for my family? That's a really big kinda worrying question. And not just for me, but for other New Zealanders. Are they actually stainless steel? - So, armed with knives, forks, but mostly spoons, we left Susan and took the matter to a metal expert who could provide a chemical analysis. We're sending one of Susan's spoons and another from a brand new set we bought ourselves... off to the lab. While waiting for the results, I got some unscientific but honest opinions. (CHEERFUL MUSIC) Can you put this in your mouth for me? - I would love to. I've been dying to be asked this all day. No, nothing. - Definitely metallic. I can taste it. - Savour it. - I feel like I'm licking a battery. - It just tastes like metal. - That's gross. - Metal as well. - It actually tastes like blood. - Well, the results back from the lab clear up one thing ` the metal is safe to use and put in our mouths. The spoons are made from 430-grade stainless steel, which is naturally magnetic, often used to make cost-effective cutlery. This grade isn't as resistant to general corrosion as other non-magnetic types used in higher quality utensils. But according to the report, it's still up to the job. Though that doesn't help with the gross factor. - Yuck. - But there is someone who can really make sense of it. Professor Nazimah Hamid specialises in food and sensory science. She gave us a final verdict. - Definitely metallic flavour. - But she says it's not about what our tongues say about the spoons. It's what our noses know. - When it comes to flavours like metallic, most people would say it's a taste. - In actual fact, it's a smell. - Not the smell that you do when you're sniffing something, because that's orthonasal smell. This is retronasal smell, whereby you put something in your mouth and all the volatiles gets up to the back of your nose, and that's where you have your olfactory receptors, and you are able to perceive metallic flavour. - Especially if you're a woman. - And so when they carried out studies, they found that women have got 43% more cells in that bulb compared to men, and that is why we are more sensitive to smells, compared to men in general. - So why these spoons and not others? Nazimah says lower quality stainless steel spoons may have a metallic flavour because they are reactive, meaning they contain a high amount of iron or other materials that can react with acidic foods and liquids. - That will affect how metallic flavour is being perceived when you put that spoon in your mouth. - A spokesperson for the Warehouse told us they're disappointed to hear Susan wasn't satisfied with her purchase. - All of our products are tested before we put them on the shelf, and we stand by our products meeting the relevant safety requirements. It's great to hear Fair Go's independent testing also showed this product is safe for customers to use. - They're offering Susan her money back, which could buy something that tastes a lot more pleasant. - Interesting you were the only one who couldn't taste it, Hadyn. I think maybe not that in touch with your feminine side. - No, very masculine. Couldn't taste a thing. - Right, that's it from us. But if you only caught part of the show, you can catch it on TVNZ+ whenever you want, because we're always here to help. - Our programme is all about you and your problems, aches and pains, big or small, spoons or forks ` please get in touch. - We're on Facebook and Instagram. You can go to our webpage ` tvnz.co.nz ` email us ` fairgo@tvnz.co.nz or write to us ` PO Box 3819, Auckland 1140. Thank you for watching. Happy spooning, New Zealand. - Until next week,... - BOTH: pomarie.