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With land prices soaring and building space at a premium, every square metre counts. But what happens when the surveyors stuff up and the square meterage on your land title is wrong?

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
  • Monday 31 October 2016
Start Time
  • 19 : 30
Finish Time
  • 20 : 00
Duration
  • 30:00
Series
  • 2016
Episode
  • 33
Channel
  • TVNZ 1
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
  • With land prices soaring and building space at a premium, every square metre counts. But what happens when the surveyors stuff up and the square meterage on your land title is wrong?
Classification
  • Not Classified
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.
Tonight ` Living in Tauranga means to me living in the paradise of the paradise. they thought they were buying 296m of paradise. It was shown` On the agreement it was shown at '296m2 more or less'. Did you ever think 'more or less' could be less nearly 40m? Oh my God, no. (CHUCKLES) Plus ` I love a nice thing going to a good home. He's a wheeler dealer and reluctant rule-breaker. I'm breaking their rules, yes, and I'd rather not do that. Frustration builds over what you can and can't pop in the post. They're clearly not dangerous. What's the problem? And ` Um, I` I wouldn't eat those. it's been eight months in the making. They are all disgusting. Are fast-food burgers really immortal? Well, they've probably got so many preservatives that they're not even real any more. Welcome to the show. Now, more and more Kiwis are sacrificing section size to get a foothold on the property ladder. The quarter-acre dream has well and truly been replaced with an eighth-of-an-acre reality. With land prices soaring, building space at a premium, every square metre counts. But what happens when you buy a plot of land and the square-meterage on your title is wrong? Here's Matt Chisholm. TRANQUIL MUSIC Like so many others searching for a better life,... We, uh, hoped for a better future for our children. ...the Kellers recently immigrated to Aotearoa. Living in Tauranga means to me living in the paradise of the paradise. The German family of four keen to build their dream home in Papamoa. We wanted to build a cube ` quite a plain, simple cube. That dream home, though, soon became a living nightmare before a spade even hit the dirt. It doesn't matter where we, um, tried to get help from, they all turned their back towards us and said, 'No, that's not our responsibility.' Can you move forward right now? No, not at all. We can't move forward nor backward. That's really scary, I have to say. Back in February the Kellers paid $330,000 for their little piece of paradise ` a garage-cum-very-basic-bach ` on nearly 300m2 of prime Papamoa real estate ` or was it? We, uh, definitely did get less than the 296. We` We got, actually, a 258m2-spec section. Unbelievable? More than unbelievable, I have to say. (LAUGHS) You heard correctly. Even though everything about this section, including the legal title, stated 296m2 more or less, the Kellers got much much less. The actual size of the section just 258m ` some 38m2 less than what the Kellers paid for. This would have been the Kellers' yard. Not so pleasant when they opened their back door into a fence. Why not just suck it up? Um, I would say because we've paid for it, and then you expect to get what you've paid for, number one. And, number two, I would say 40m2 ` that's a fabulous deck, that's a fabulous outdoor area, and why shouldn't we have that? Like most of us, the Kellers trusted the title when they bought the section, because judging square-meterage is not something we do every day. So... ...does the average punter know what 296m looks like? LAID-BACK MUSIC In square metres? 40m2? About 100m2, is it? 100m2? Yeah. Or is it 50m2? LAUGHTER How does 300m2 sound? Jesus, is it? Well I never! LAUGHTER The Kellers have spent eight long months trying to sort this out. It's cost them $7000 in legal and valuation fees. There should be somebody responsible and, uh, accountable for that problem. That problem, the difference between what was actually purchased and what the couple thought they were buying ` according to one valuer, $60,000. Do you want someone to stump up with that 60k? Oh, absolutely, because that's our` that's our loss. The tragedy is that loss could have been avoided. When the Kellers agreed to buy the section, they asked the vendor or real estate agent to verify the land area. They didn't do that verbally. They actually put it in writing on the sale and purchase agreement. Did you ever think 'more or less' could mean less near than 40m? Oh my God, no. (LAUGHS) But Wayne Skinner of Eves Realty didn't like that condition and advised the Kellers ` But the title was wrong. The estate agent says he didn't say checking the area wasn't necessary, he just said take it off the sales and purchase agreement. What do you say to that? Um, I had a phone call from him, and he was clearly saying that it doesn't have to be checked, because it says clearly on the title the 296m2, so that's all wasted time and we just have to rush, otherwise we would miss out that opportunity. Stuck with the smaller section, the Kellers also complained to the vendor. Saying, 'Hey, you haven't delivered what we paid you for.' Chiropractor Todd Preston is the old owner. He had no idea the title was wrong. Do you feel for the purchasers of this property? Absolutely, because we were actually` Actually, without knowing it, we were 100% in their same position when we purchased the property in 2012. Through their lawyer, the Prestons say they wouldn't cough up, because the title was guaranteed by the crown,... A sentiment the vendor personally disagrees with. As a layman, really, to the whole real-estate transaction, you're clueless. Our beachside experiment clearly proved that. How big is that area? Be about... probably 80 squares 80m2? Yeah, roughly. Of the four people who gave us guesstimates, only one came close. I'd say... 300m2. Spot on. Having got nowhere with the real estate agent and the vendor, the Kellers also turned their attention to the original surveyors ` that's RPC Land Surveyors in Mt Maunganui. They surveyed the property in 2004. They responded ` So they admitted they got this wrong? Oh, absolutely, yes. They clearly came back saying that, yeah. RPC offered to assist with the cost of correcting the title but ruled out compensation. They conceded it's their mistake, but they're not going to pay for it? Yeah, that's what astounds us totally, because, you know, he is, or they are, the people who've done the mistake. A mistake that's left the Kellers crushed. Are you able to now build the house you intended to build? > Oh, not at all. I wish we wouldn't have bought the section and we wouldn't have gone through that hassle. I mean, it's a long time when you're saying eight months. (CHUCKLES) I really can't believe` Yeah, what a` what a journey. It's an incredibly awkward situation. We really feel for the Kellers. The title clearly says 296m2, and it's wrong. Now, Wayne Skinner of Eves Realty, he wouldn't talk to us on camera. He denies any wrongdoing and says neither he nor Eves have received any communication from the purchasers or their solicitors holding them liable or requesting compensation. As for RPC Land Surveyors, they also wouldn't talk to us on camera but in a statement told us, 'We prepared a correcting survey, which was approved by Land Information NZ, 'and an offer has been made to correct the certificates of title at our cost.' They also reiterated, 'Based on there being no change to the boundary dimensions from the original 2004 plan, 'the change in the land area recorded on the plan has no effect 'on the ability to design a dwelling for the site.' So partial good news. They still dispute the Kellers' valuation, but they say they're gonna work with the owner to resolve the land-area issue. So where does this leave the Kellers? Well, they're still renting, still dealing with the council, still trying to build a house on a section that's smaller than what they want it to be. Do you sometimes wish you stayed in Europe? No, no, I can clearly say no. No. I'm happy to hear that, and I'm glad you're still here. Thank you. (LAUGHS) I do hope we get a resolution for the Kellers. It would be nice. If all the adults could get in the same room, talk it through, I think we can work this one out without having to go to court. That would be very nice. After the break ` Fingers crossed. Kiwis have been putting stamps on envelopes since 1873. But put one inside an envelope and you will run foul of NZ Post. I love a nice thing going to a good home. But when it comes to collectables, NZ Post can be problematic. I'm breaking their rules, yes, and I'd rather not do that. And ` I wouldn't eat those. it's time for the big reveal. Well, they've probably got so many preservatives that they're not even real any more. Are fast-food burgers really immortal? They are all disgusting. Welcome back. Does it strike you as odd that you know how you put a stamp on an envelope to post it, of course, but the moment, Pippa, you put a stamp inside the envelope, you're actually posting a prohibited item? Mm-hm. Under NZ Post rules, bank cards, jewellery, coins, gift cards, event tickets and unused stamps are all prohibited items. It's quite a list, and it's really annoying a stamp dealer from the south. Here's Anna. TCHAIKOVSKY'S 'DANCE OF THE SUGAR PLUM FAIRY' The best thing I like is when I can place a very nice item ` be it a stamp or coin or banknote or whatever ` with a collector who really loves it as much as I've loved it for the brief period that I've had it. Yeah, I love` I love a nice thing going to a good home. They're the rarities, the oddities, the collectables and the precious. Stamps, notes, coins, bank cards, cigarette cards, picture postcards, antique photos, medals. I name it, you send it? Uh, not quite. Not terribly interested in books. Books aside, Alan Kilpatrick is a wheeler, dealer and all-round expert in the sale of collectable items. He's got a good eye, and he makes a good living selling items as a second-hand dealer. But there's one thing Alan doesn't like doing. I'm breaking their rules, yes, and I'd rather not do that. If you go on to their website, they have a` what's called a list of prohibited items, and all of the items that I deal in, and all my colleagues and everyone else in that field, are all prohibited. You see, Alan sells most of his items online to customers not just around the country but around the world. And he does so by sending all these items in the post. Yep, the gold, the jewels, the rare stamps and phone cards all go in the post. And that is in breach of NZ Post's rules. NZ Post is pretty clear when it comes to what you can and can't send. Prohibited items range from the obvious, like grenades, drugs and weed killer, to the more confusing, like lotto tickets. Um, so it's very subjective around the value of some of these items. But here's the rub ` Alan's not allowed to send collectable stamps, coins and other items in the mail, but NZ Post is. See, they too sell rare and valuable items, and they get to you via post. Buy this coin for $1900 and it'll arrive via NZ Post. Same goes for this collectable stamp set ` $500. It too will be sent out in the post. They're sending exactly the same things as I'm sending. In fact, they will have sent them out originally, uh, and I'm just resending them, you know, having has them passed through a few hands. Yet the company says these are prohibited items and must not be sent. We're in the business of stamps, so we self-insure ourselves around that, and we understand the risks of doing that kind of business, and if, um, something does happen and it goes wrong, we have the ability to replace it. Now, Alan knows that means he's not supposed to send his items in the post, but he's got separate insurance, so while he's taking a risk, he knows he's covered if something goes wrong. They're clearly not dangerous. Obviously the issue is the value, but if you're self-insuring, what's the problem? So why is it called a prohibited item when it's not really a prohibited item? Alan sends prohibited items, NZ Post send prohibited items, and all of you at some stage or another will have sent or been sent something on that list. Why is it called a prohibited list and not a 'things you can send but shouldn't send and won't be covered if you do send' list? (CHUCKLES) I guess it's around the` You know, the word prohibited has some kind of meaning, and it makes it pretty clear about that, and having a list, um, around prohibited items and putting them all together means that it` it should be easy for people to go and find this, um, information as opposed to ` 'I go over here for one thing, and I go over here for another one' and then kind of getting confused about the right list. NZ Post says while people get away with sending prohibited parcels, they really shouldn't, and they're keen to get Alan posting his precious goods within the rules. So we'll talk to Alan about moving his, um, goods and what the exemption may look like in` in his case, and then we'll take that forward as a commercial relationship. As for everyone else... If people are dealing in these goods as a business, then they can get in touch with us about, um, how they may be able to fall into this kind of category and get an exemption as well. But otherwise you're not allowed to send a lotto ticket to your mum? Yeah, otherwise, technically, you shouldn't send a lotto ticket to your mum. Wow, postage. I think it's time for Hado's fun fact. Here we go. Fun fact number one ` did you know correctly packaged, live leeches, bees and harmless insects are OK to post, but stamps? No way. Go figure. That is very good news you can use, especially if you were looking to post any live insects. (CHUCKLES) After the break ` we answer a perplexing question ` are fast-food burgers immortal? It's the sneak peek we've been dreading. Ugh! It's been eight months in the waiting. I wouldn't eat those. Why haven't these burgers rotted? They are all disgusting. What's really going on between the buns? Well, they've probably got so many preservatives that they're not even real any more. And is life about to get a whole lot harder for NZ's luckiest mouse? Welcome back. It's finally time ` I'm quite excited about this ` for the big reveal. Yes, we started the year wanting to clear up a little urban myth that's being doing the rounds. So what's really going on between the buns of your favourite hamburger? And do immortal burgers really exist? It's been eight months in the making. Time now to take our burgers out for a little show and tell. Um, I` I wouldn't eat those. They are all disgusting. You may have seen this experiment before. The internet's full of examples. Len Foley calls them Bionic Burgers. Karen Hanrahan shows her examples to kids in her healthy-eating class. It's the incredible non-decomposing fast-food burger. So that's the myth, and there's a raft of people who allege they've got 1-, 4-, even 12-year-old burgers that look as good as the day they bought them ` no mould, no rot. We went on a bit of a shopping trip to put the myth to the test and to find out, if it's true, what exactly is going on here. We bought four fast-food burgers from McDonald's, Wendy's, Burger King and Carl's Jr and threw a home-made burger in for good measure, then popped them in our little camping pantry to keep an eye on them. These were the burgers when we first bought them. Two weeks later, two of them ` the home-made burger and the Carl's Jr burger ` were starting to show signs of mould. A further six months on, three ` McDonald's, Burger King and Wendy's burgers ` remained without mould ` no sign of decomposing. The other two were looking pretty gross. (CHUCKLES) Ugh. And today, the big reveal ` eight months on. I'd say three days. I'd say three weeks. Maybe 15 days. Probably on average two weeks. So when you look at these burgers like this, they really don't look a whole lot different from that first day we bought them, and most of the people we talked to, they were pretty sure they knew why. Well, they've probably got so many preservatives that they're not even real any more. It's all just preservatives and chemicals and all that. I always thought that there's something in them that isn't properly OK, so they're obviously preserved. So have we proven the urban myth? Well, maybe. It's true three of these burgers haven't rotted. They show very little signs of decomposition and no mould. Let's look a little bit deeper. Time to reveal our burgers to food scientist Sarah Maxwell from McFoodies. They don't look hugely different, do they? No, they don't, actually ` as expected, really. Basically dehydrated ` Mm. burger croutons. There's no water available for any microorganisms in which to grow ` no bacteria moulds at all present. So no mould because these burgers have dried out. Its as simple as that. But what about our burger made from supermarket ingredients, and the Carl's Jr burger? Cos there's definitely mould there. Because they're much bigger and they're denser, there is still some water available, so you have seen mould growth on those. And those two burgers were considerably bigger, so a lack of moisture, not a cocktail of preservatives, is the reason behind this urban myth. And the proof's in this container, which we're not going to open, because it's pretty gross and it's full of nasty bacterial spores. There's water available for the mould to grow, and it's done that very nicely. It sure has. What's the likely outcome if you were to leave these burgers in this container indefinitely? Well, they'd probably keep deteriorating further, and perhaps they would deteriorate so much that it would just become a lumpy liquid in the bottom over a period of time. Phew! A big hi to everyone finishing their dinner just currently, especially if you're having hamburgers. Apologies about that. Hey, that container, by the way, as well ` the burgers in that container were bought at the same time, placed in there, and it was sealed. Not pretty. Another follow-up for you too on last week's mousetrap story. It seems NZ's luckiest mouse hasn't exactly won the hearts and minds of all Kiwis. Here, chook, chook, chook, chook, chook, chook, chook, chook, chook. Rob McDonald is under attack. It's not so much the chickens. It's more the food. With Monkey the cat asleep on the job, the mice are running riot. They can squeeze in real narrow gaps, but they've also chewed these bit in the corners out here. The best defence is a good offence. But these traps haven't got the mice scurrying to a better place. None of them worked, so they're pretty` just mouse feeders, really, rather than mousetraps. CHUCKLING Turns out Rob is not alone. We received a heap of hot tips. And here's a couple of more creative solutions. So Monkey can rest easy knowing these old snap traps aren't a complete waste. SNAP! I love that so much thought has gone into how you catch a mouse in the best possible way. Oh yeah, that's a general warning for all mice out there ` don't mess with a Fair Go viewer. They've got your number. They have. Now, that is almost the show, but before we go, don't forget to send us your picks for the best and worst ads of 2016. We've gone all out. We've got a special email address for this. It's... Yes, if you can't get to an email, do send us a letter. We love letters. Just, obviously, stamp on the outside, not the inside, or NZ Post will be... Right, now, the winners and losers will be announced in next month's Ad Awards. Very exciting. Can't wait. Now, cast your mind back to 1989. Can you remember what you were watching on TV? Well, after a little pre-research, Cheers. Cheers. I loved Cheers. Yes, and Roseanne. Was it`? I think it was maybe after The Flying Doctors. And The Cosby Show ` very popular back then. Wow. (INHALES SHARPLY) Back then. Now, you may also remember this ad. It was voted the best for 1989. Oh, that's the third time you've been tonight. Yeah, it's these nappies. Fill up faster than I do. Ew, you mean you have to change every time you`? Look, I'm going through a bit of a wet patch, OK? Bit unnecessary, if you ask me. Oh yeah, well, what's so special about yours? They're new Treasures Ultras ` so absorbent, I can go all night and stay dry as a wooden rattle. Wow, 1989 ` another golden year for advertising. (CHUCKLES) I tell you what, I'm loving these little trips down memory lane, but I cannot believe that was 27 years ago. Yeah, don't do the maths, Pippa. No one likes the maths. OK, as for the Kids' Ad Awards, I've got an apology. Sorry, but entries have now closed. Thanks to all those who took part. Yes. We viewed about 300 entries last week, but you'll have to wait another four weeks to see if your school's made the finals and collected one of the amazing prizes offered by Canon. The winning secondary and primary school will each get $10,000 worth of Smart Board cleverness, two ` yes, two ` Canon EOS 100D cameras, an accessory pack, a Canon Pixma printer and $2000 in cash. Wow. So that's the show for tonight, but we'll be on Facebook for the next half hour to answer your questions. Our programme ` all about your problems, your thoughts. We do love to hear from you. We're also on Facebook. You can email us ` fairgo@tvnz.co.nz. Write to us ` Private Bag 92038, Auckland. The postcode is 1142. That's our show. It is. Until next week, goodnight.