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Do we need tougher lemon laws? If you bought a brand new car and it spent 6-months off the road in the first two and a half years would you want a refund? When is enough, enough?

New Zealand's weekly whinge. Consumer affairs that blends investigative journalism and good advice to ensure Kiwis get a fair go.

Primary Title
  • Fair Go
Date Broadcast
  • Wednesday 11 May 2016
Start Time
  • 19 : 30
Finish Time
  • 20 : 00
Duration
  • 30:00
Series
  • 2016
Episode
  • 9
Channel
  • TV One
Broadcaster
  • Television New Zealand
Programme Description
  • New Zealand's weekly whinge. Consumer affairs that blends investigative journalism and good advice to ensure Kiwis get a fair go.
Episode Description
  • Do we need tougher lemon laws? If you bought a brand new car and it spent 6-months off the road in the first two and a half years would you want a refund? When is enough, enough?
Classification
  • G
Owning Collection
  • Chapman Archive
Broadcast Platform
  • Television
Languages
  • English
Captioning Languages
  • English
Captions
Live Broadcast
  • Yes
Rights Statement
  • Made for the University of Auckland's educational use as permitted by the Screenrights Licensing Agreement.
Hosts
  • Gordon Harcourt (Host)
  • Pippa Wetzell (Host)
Tonight ` SQUELCH! the bitter taste of buying a lemon. When is enough enough with a new car? What would you do if your car went rogue? I got out of the car, looked at it and wasn't gonna touch it. Lemons have been around since the inception of the automobile. I think this car was made at the end of the day when somebody had a whole box of spare parts that weren't quite right. Plus ` I spy with my little eye something in the sky. THUD! When drones go bad, they can drive some homeowners mad. There's too many ratbags in the world now that can use that to their advantage. Is it little wonder anti-drone sentiment is growing, with ads like this? Fly free and film your neighbours with drones. So what are your rights? If a drone is flying over my house, am I allowed to take it out legally? And a nightclub charges men an entry fee, but women get in for free ` creepy or cool? We hit the streets of Wellington in search of answers. I think it's cool. No. It'll keep out the guys who are cheap. LAUGHTER Copyright Able 2016 Welcome to Fair Go. There's a saying ` when life gives you lemons, make lemonade. That is bitter advice when that lemon is a brand new car plagued by faults. Now, in California, buyers are protected by what's called the lemon law and entitled to a full refund if their brand new vehicle turns out to be a dog. Or a lemon. Too many problems? Full refund. Sadly, the same does not apply here, and ` under current law ` it can be emotionally and financially draining to rid yourself of a lemon and get a replacement vehicle. Here's Garth. What a day for a drive. What a car for a spin in the Port Hills. What a spot for a fruity metaphor... SQUELCH! ...and a classic Fair Go question. SQUELCH! When is a lemon a lemon? When is enough enough with a new car? Brent Gregory loved his Chrysler 300 sedan. Just look at it ` the overall shape. It's the ultimate car. I always` When these first came out, this was the car I've always wanted. You can see it coming a mile away. I feel like we're making an ad for this car. Yeah. (LAUGHS) We're not, though, are we? No. No, we're not. No. Not for this car, anyway. He bought it new two and a half years ago. You got it a bit cheaper` I got a good deal on it, there's no two ways about that. I'm good at deals, and it was a good deal. We paid 45,000 inclusive. 13 grand off, but only because they had a few on the lot. The trouble started four months later, here in the driveway, the whole thing caught on the neighbour's security system. It looks to the world like you've just planted it on the accelerator instead of the brake, right? That isn't what happened. The car accelerated, and the brakes did not work. The letterbox stopped him before he made it into the neighbour's house or over the 200m drop off the end of his street. That goes straight off the edge. Wow, that's pretty intense. What was he thinking? Dazed, surprised, shocked. Straight away, Armstrong Prestige towed the car. A thorough check-up took two months. Chrysler's agent got involved; numerous tests; diagnostic systems all clear. Nor anywhere else, they say. And in their view, So you might think, come on, couldn't see any brake lights firing; he's just floored it by mistake. But look at Brent's immediate reaction ` not frustration, but fear. I got out of the car, looked at it and wasn't gonna touch it. Under consumer law, Armstrong Prestige had done its bit, and it continues to, as Brent Gregory experiences more and more faults with his Chrysler 300. As the traffic started to brake, I put my foot on the brake, she was rock solid. The brakes wouldn't work. The gear-shifter got jammed. The lights in the car would light up at night. She'd be sitting in the drive, and she all lights up. Someone had just bumped the key fob or something? No, the car just lights up. The car was on permanent high beam. Again, it was a computer problem. Then we had lots of other electrical problems, and the car ended up having what they call a software patch put through it. Yeah, to me, it is a lemon. I think this car was made at the end of the day when somebody had a box of spare parts that weren't quite right and decided to make a car out of it, because it's just absolutely ridiculous what's gone wrong with this car. We've seen the paperwork ` the faults were checked and anything wrong put right every time by Armstrong's at their cost. The agent says the car needed service work for minor, unrelated issues, and a courtesy car was provided. It's running fine, but last week, it did tell me it was using 235 litres per 100 K's. I'm guessing you weren't running through a tank of gas every five minutes. No, no, no. But the problem with the car is you always notice little problems that end up leading to big problems, and my first thing goes through my mind is is there another little problem with the computer. By now, the car has been off the road ` how long, Brent? About 26 weeks. 26 weeks in two and half years? Yep. That's six months. It's a long time to be without the car you paid for. It's incredibly important that new cars offer pretty well 100% reliability and that if a new car keeps on stranding an owner, I mean, that owner needs their money back. They no longer have faith in that vehicle. The Dog & Lemon Guide scores the Chrysler 300 poorly for reliability, but Brent was seduced by the Mafia Don image that the car trades on heavily to silence its critics. One critic chose to disagree. By now, Brent is a Chrysler critic too. He wants to see the back of his 300 before his warranty runs out this year. And if he lived in California, well, he might just have an easier way out, because there they have a lemon law. The lemon test asks did something go wrong that could have killed or injured someone and has it happened twice? Was there something less serious, and has it happened four times? Was there any reason the car was off the road, out of service, needing repair for more than 30 days? Answer yes to any of that, the dealer is gonna be buying that car back at the original price, less a discount for how far you travelled before it became a lemon. That law covers any new car for 18 months. In California. Now, you'd expect the editor of the Dog & Lemon Guide to back a lemon law, but here's why he reckons our system now is a lemon. They fix the car and they give it back, and then it's still not working, so you give it back again, and eventually you end up with one of those government tribunals. And after a series of weeks or months or years, in some cases, you may or you may not win. But this is hopeless. It's not hopeless till you've tried everything. So quick and so quiet. This is a brand new, all-electric BMW i3. For the record, we at Fair Go have heard nothing bad about it. Our cars are getting more and more sophisticated, but are the laws that protect the consumers who purchase them keeping up? Time to gatecrash. This is the big launch of the government's electric vehicles initiative John Key at the wheel. Simon Bridges called shotgun. He's the transport minister, and we need to talk about new cars. We agree they are becoming more complicated, but what will he do about the law? I'm open very much to making sure that our rules for consumers around reliability, around safety and around vehicle emissions standards are fit for purpose. < So, like, a lemon law could be something that would work, do you think, particularly? Haven't looked enough at it to be able to say. That's a shame for anyone in Brent Gregory's situation. The car is faulty, and that's what I believe, and that's why I want something done. We've seen one early offer from the distributor to replace the car, if Brent was prepared to pay an extra $23,000 for another Chrysler. I said, you know, let's trade it on, like, a Mercedes or something like that. Something more expensive. Something more expensive. I've asked them three times. You just don't hear back. So what do you take from that? Well, I don't think they want it. So, there's no California-style law with a checklist here, but there is a 20-year-old ruling which talks about an accumulation of defects, so don't put up with endless niggly faults. Have a go. Mm. Now, this week, the dealer and the agent have had an AA inspector check the car. The agent says it has no ongoing issues. At the moment. But remember ` it's been off the road for six months in the two and a half years Brent's owned it. Mm. Now, Ateco ` that's the Chrysler agent ` considers it has taken 'all reasonable and appropriate steps in the circumstances' to assist Brent Gregory. They've also offered to pay an independent mechanic of his choosing to get the car double-checked. And this week the dealer has offered to buy it back for $35,000. Remember he paid 45 two and half years ago. Both parties are now talking. Coming up ` what are your rights when your neighbour's drone pays you an unwelcome visit? THUD! There are lovers... This is a real job? Uh, yeah, apparently. BOTH LAUGH ...and there are loathers. If a drone is flying over my house, am I allowed to take it out legally? Anti-drone sentiment is growing. Makes everybody out to be peeping toms and criminals. Plus ` A nightclub charges men an entry fee, but women get in for free ` creepy or cool? opinion is divided in wellington. Nah. We're never gonna get into a gender equality frame of society if we just keep adding to that. So that's why you're broke. BOTH LAUGH 1 Welcome back. As you might know, we've been campaigning for clearer labelling to raise awareness about just how much sugar is hidden in our food. The average Kiwi's consuming between 30 and 40 teaspoons a day. That is three times World Health recommendations. Outrageous. Once you get the bug and start converting grams to teaspoons ` 4, by the way ` it can get quite scary, especially if you have kids. AMBIENT ELECTRONIC MUSIC We all know too much of the sweet stuff is bad, but do we really understand how much sugar is in our food? CHILD: One, two, three,... There's four teaspoons in this pottle of yoghurt, five teaspoons in this bowl of Nutri-Grain and five and a half in this glass of OJ. Feed this sugary shocker to your kid, and she has consumed a total of 14.5 teaspoons for breakfast. ...12, 13, 14. That's nearly three times the World Health Organization's recommended daily intake for a child. It kind of makes you wonder, do we really know how much sugar is hidden in our food? That doesn't seem like an outrageously unhealthy breakfast, doesn't it? But 14.5 teaspoons of sugar?! Urg. To start the day? Not good. Uh, now, drones ` to gadget lovers, wannabe aviators, they are things of wonder. They are pretty cool. But to privacy-conscious homeowners, they can be a whirring, buzzing, noisy pain in the backside. So what are your rights when a drone pays you an unwanted visit? Mark's been pondering that very question. MELLOW COUNTRY MUSIC Say gidday to Brett Wilson of South Auckland. Hi. Now, the other day, Brett was kicking back with his dog, Penny, watching a bit of telly, when this ad came on. Drones and phones, phones and drones. Looky here ` the all-new Samsung S7 starting from just 1089 bucks. Fly free and film your neighbours with drones from just 889. In store or online ` OK, we'll take that back and play again with subtitles in case you missed it. Now, Brett recognises that drones can be a lot of fun, but... Everything has a bad part to it, and this is the bad part to it, where they can fly over your house and just generally spy on you. And then if, as in the ad, it says they'll film you as well ` well, I don't want anybody filming me. (CHUCKLES) Or my family. And it led Brett to ask a question. Can a drone spy on me? Is it legal? It's not ethical, but is it legal? Have you got anything to hide? No. Honest? Oh, deadly. Drones have literally taken off over the past few years. The US military uses them in their war on terror. Amazon is planning to deliver parcels with them. Real estate agents get high to hock houses. This Dutchman made one out a dead cat. And we love them for making telly. That's us down there. Drones are now a legitimate consumer item for the PlayStation generation and cheaper than ever. But how far can they pry into other people's lives. Phillip Solaris and Chris Jackson are experts. Can you spy on your neighbour with a drone? Of course not. (CHUCKLES) No. The Privacy Act at the moment covers it totally in NZ. You can't do it. It's a breach of the Privacy Act to make covert, intimate recordings of people without their consent or knowledge. So if, for example, you're sunbathing semi-naked in your backyard, surrounded by fences, you have a reasonable expectation of privacy. If they want to spy on me while I'm nude, it's up to them, but no` no` no nude sunbathing. And as a for an ad that encourages you to... Fly free and film your neighbours with drones. Makes everybody out to be peeping toms or criminals. It's completely irresponsible. Safety button. Yep. The Civil Aviation Authority back that up with its own set of rules, which include having the consent of anyone you want to fly above. As I'm starting it up, I'm making sure that I know where I'm flying ` the airspace I'm in ` which is currently a model flying field, so we're good to go. Chris's job as chief pilot for X-craft last year took him to Vanuatu, where he piloted drones on an emergency relief mission mapping the damage wrought by Cyclone Pam. He knows his stuff. To stay legal, at the moment, I have to stay below 400ft. I have to maintain visual line of sight so I can see where it is and see where the airspace is around it. I have to have permission of the property owner who I'm flying over. This is a real job? Uh, yeah, apparently. BOTH LAUGH But not everyone who buys a drones knows or even follows the rules. People are now buying these things off the internet. They have no guidance. They're literally going out in the backyard and start to fly them. There's no infrastructure to help people or help train them, uh, and so, suddenly, they're in isolation. They don't have the information. So it is quite a dangerous situation, in that way. If you're on the ground, it can be tempting to take the law into your own hands. Keep an eye on this football on the left of your screen. CRUNCH! Which brings us back to Brett in South Auckland. It came in? Was, like, up here like this? Yeah, like` exactly like that. A couple of months ago, he saw something like this up in the air over his backyard without any permission. It had flown over there and was hovering over the neighbour's house very much like that one is there. And what were you worried about? We were worried about what people could see in our homes. Um, there's too many ratbags in the world now that can use that to their advantage, and that's what we don't want. And before you ask, we got all the necessary permissions to get these shots. But there's a reason to worry. Police in the UK are warning that burglars are already using drones to identify potential targets. Which led Brett to one more question. If a drone is flying over my house, am I allowed to take it out legally by some means? Not if you don't want to go to jail. CHUCKLING Temptation is a... (CHUCKLES) No, call the CAA. So if you're going to buy one, make sure you follow the rules, and don't fly too high in the friendly skies or film your neighbours. Stop. Down. Ooh, and backwards. CHUCKLING DRONE POWERS DOWN Those drones are so much fun to play with. Oh, it's such great vision as well. Now, Parallel Imported say they're a brand with a sense of humour. They enjoy tongue-in-cheek quips when communicating with their customers. Sorry, that gag was not tongue-in-cheek, that was foot-in-mouth. Yes. It looks like quite a few of you agree. There've been complaints to Civil Aviation, the Privacy Commissioner and the Advertising Standards Authority, as well as Fair Go. And Parallel Imported say they have now pulled the ad. If you're buying a drone, get yourself this brochure from CAA and check out airshare.co.nz for all the drone-flying info you need. Yes, and in case you missed the news and think drones are just a futuristic fad heading nowhere, check this out. Welcome to the future. You wanted me to fly, so I've made this! This is the brainchild of a British backyard inventor called Colin Furze. (LAUGHS) He's flyin'! He's not an aviation engineer. He's a plumber. And this is his first flying machine. That is the most outrageous thing I've ever ridden. It's been an interesting project. It's not perfect, by any means, but it took just four weeks to make. And it's probably just as successful as the Wright brothers' first attempt at flight. I don't think I've done too bad, have I? My 5-year-old so wants one of them, cos it's like the Star Wars speeders, the lego. Well, you can build him one, then. Come on, be a good dad. Oh, of course! Silly me! Coming up ` we hit the streets of Wellington to test if consumer trends are cool or creepy. Tonight's question ` should nightclubs charge men... I think it's cool. ...and let women in for free? (LAUGHS) Nah, we're never going to get into a gender equality frame of society if we keep adding to that. So that's why you're broke. BOTH LAUGH 1 Welcome back. As you probably know, there have been some huge fire sales on since Dick Smith went into receivership. But along with the bargains come important questions. When a company crashes, what happens to the warranties that come with the products? And what about products bought before the receivership? Are those warranties valid? Hannah's been getting some answers. Imagine watching telly like this. One day we switched it on, and it went into the split screen mode that it's in now. It's driving David Osborne and his mum Gail batty, and it wasn't cheap either. And $1000 is` to me is a significant purchase amount. Kim Robson wrote to us having dropped some serious coin on a telly too, and eight months later, it doesn't go. Well, it sort of goes. MAN SPEAKS INDISTINCTLY YELLING, SHOES SQUEAK ON COURT You can't see anything, but you can hear it. So what does David's telly have in common with Kim's telly? They're both JVC's, both bought from Dick Smith last year, before the company crashed, but that hasn't helped get them fixed. It's still under warranty, so they should replace it. By now, we all know that Dick Smith had bigger problems than just trying to fix David and Kim's tellies, but ` under the CGA, the retailer should step up, and Dick Smith's receivers say, yes, warranties will be honoured for those goods bought since January 4. But for faulty goods bought before that date ` that is, Kim and David's ` the receivers say go to the manufacturer, and they did, but ` You buy what you think is a quality brand name like JVC, and there's no backing from the manufacturer. The manufacturer was telling them that their tellies needed replacing and that only Dick Smith could do that. So it was bit of a dead end. And then we got on the blower to JVC's distributor in Oz, and things got moving. And JVC's distributor told us they will pay out 70% refunds for faulty goods bought before Dick Smith's crash. Not 100% good news for David and Kim but enough to buy a new telly. So JVC's distributors ` a company called Yale Prima ` will refund the wholesale price, but that's 70%. And they are not happy with Dick Smith ` so unhappy that they asked the receivers not to sell any JVC products in the recent fire sales, because Dick Smith no longer had their support. Yale Prima say they weren't actually paid for some goods. Now, Dick Smith's receivers aren't commenting. They've told us they'll only honour warranties on stuff bought after the receivership. That was January the 4th. Now, if you bought stuff before then, you need to contact the manufacturer or you can then register as a creditor with the receivers. So good luck. Now, we get lots of complaints coming across our desks, and often they're not all that clear-cut. Tonight, Pippa heads to Wellington to gauge public opinion on a moral ` or should that be legal ` dilemma that affects men's rights. Sometimes the line between what's OK and what isn't is a bit blurry. So we took to the streets of the capital to put some of those not-so-straight-forward issues to the test. So a nightclub charges men an entry fee, but women get in for free ` creepy or cool? WOMAN LAUGHS I think that's cool. Like, it would be totally cool. They do that in Auckland sometimes at some clubs, but it's not good, personally. I don't` Nah, should be the same for everyone, I think. Everyone on the same page. (LAUGHS) Nah. Oh, it's stink. We're never going to get into a gender equality frame of society if we just keep adding to that. So that's why you're broke. (LAUGHS) I've led a sheltered life, right? (LAUGHS) It'll keep out the guys who are cheap. LAUGHTER You know, I get it, but I have to say I find this one a bit... And probably illegal too, according to the Human Rights Commission. They says there's no exception in the Human Rights Act that would allow a nightclub to charge men an entry fee but not women. Next week ` your privacy when it comes to applying for a job. OK, Gordon, cool or creepy? (CHUCKLES) Not really my problem any more, Pippa, but creepy, I reckon. Yes. That is the show, but we will be on Facebook for the next half hour to answer your questions. Our programme is all about your problems, your thoughts. We do love to hear from you. We're on Facebook. Email us ` Write to us ` Before we go, here's a quick look at what is coming up next week. Ever heard of misophonia? I hate it. It's a hatred of sound. Tell you what, if I made the rules, these would be destined for the bin. In a built-up area, noise can quickly build tension. < Have you ever complained to Noise Control? Yes. < Yes, you have? I have. In Auckland alone, there were 51,000 noise complaints last year. 51,000! What are your rights to quiet enjoyment? MOTOR STARTS UP Oh! That's next week. Goodnight.