(EXPECTANT MUSIC) Been a beautiful tree with a lovely shape. HADYN JONES: Neighbours at war. They'd like us to reduce it, basically, to a mutilated stump. Has it really caused a neighbour's property value to plummet $300,000? WOMAN ON PHONE: I know I've got a good case, and that's why it's` it is going to court. That's absurd. That's crazy. It's just lunacy. And... Diamonds are a girl's best friend. But this girl's best friend lost its sparkle after just one year. So basically, you were being told that you were too rough with your rings... Yes. ...and too dirty. Yes. (CHUCKLES) Yes. Plus,... ...they're back. Take your marks. Get set. Go. How long is too long to be put on hold? I've already been told to expect delays. Our Call Centre Olympians are about to take on the government. Let's be honest, I've got nothin' to do, really, have I? Welcome to the show, and firstly, can I say, 'Wow'? (CHUCKLES GENTLY) Last week's Call Centre Olympics has caused quite a stir. Did it? Well, we received a heap of feedback from sceptical viewers who are disputing Spark's gold-winning performance. Uh-huh. We assure you their two-minute response time was absolutely legit, but in the interest of fairness, my able-bodied assistant here... Ooh, that's me. ...(CHUCKLES) is going to put them to the test once more. Right, I've got a real-live telephone here. Mm-hm. I've preprogrammed the number. We're gonna ring Spark right now, see how long it takes us to get a human. Yes, we will keep you posted throughout the show. In the meantime, we examine a neighbourly dispute over a tree that could have serious ramifications (CHUCKLES GENTLY) for property owners throughout New Zealand. Here's Matt. MATT CHISHOLM: We all look at the world through different eyes. To its owners, this was a beautiful tree ` a stunning cedar,... It's been a beautiful tree with a lovely shape. There's something very special about being able to look into the canopy of a tree. ...but to one of their neighbours ` who incidentally lives two houses away ` it's an ugly eyesore that ruins their uninterrupted sea views and has potentially wiped hundreds of thousands of dollars off their property. They'd like us to reduce it, basically, to a mutilated stump or remove it completely. Hubby's not happy either. That's absurd. That's crazy. It's just lunacy. (LAUGHS) (RELAXED, GROOVY MUSIC) Fraser and Emily Elder have lived here at Rawhitiroa Rd, Kohimarama for nine years. The cedar was there when they arrived. It was large enough that I admired it, and I could see straight out to the top of it. The complaining neighbours, Jill and Robert Benton, bought here in 2010, had this house built in 2011 and began complaining shortly after. Well, they want us to trim the tree, cut it down to the level which is no higher than the ridge of that roof that you can see there. So how do you think it would look at that point? Oh, shocking. It would be totally munted. It's just` It destroys the purpose of having it there as a tree. Crazy or not, this is neighbours at war, and the battle for the tree is headed for the courts. I don't see that I have to justify what my tree in my garden` what benefits I get from it one way or the other. I think it's bullying. I think it's little more than school-yard bullying. To save their tree, this couple would have to spend thousands on legal fees. As my lawyer said to me, 'Emily, how much do you love your tree?' And I said, 'Well, I like it a lot,' (CHUCKLES) and he said, 'Do you like it to the tune of $10,000 to $15,000?' And I said, 'Um,... no, (CHUCKLES) possibly not that much.' There are, of course, always two sides to a story. PHONE: Hello, Jill speaking. Hello, Jill. Matt Chisholm calling from Television New Zealand's Fair Go programme. How you doing? 'Jill is a retired legal executive.' Jill, have I caught you at a good time? I'm not sure. I` It depends. Her husband, Robert, is a lawyer. I wanna talk to you about... the cedar tree that the Elders own. (SIGHS) God. The neighbours' case for severely trimming or felling the tree, according to court documents, stemming from a conversation with a real estate agent when they bought the section. Something along the lines of, because there's a height restriction on the property in front of them ` not on this but in front of them ` that, um` that they couldn't be built out, nor could their v-view be blocked. But this isn't a building; it's a tree. Right from the start, we've never believed that` that they had any right to demand that we trim or chop the tree. The Bentons disagree. I know I've got a good case, and that's why it's` it is going to court. So what do the punters think? Gidday, how you doing? We hit the streets to gauge public reaction. No, sorry. Sorry, no time today. Are you sure?! Yeah, the people who own this house here are taking these people to court, demanding that they cut this tree down here below the roofline there or fell the tree completely. You're` You're jokin', aren't you? I'm not. Seems a little bit extreme. Ridiculous. I'm sorry, that is ridiculous. It was emphatic. 100% of the people we talked to felt this was heavy-handed. I think the tree actually makes the scenery more beautiful. So how much power do your neighbours have over your property? Barrister Sam Wimsett says it comes down to undue interference or obstruction. The law is primarily focused about safety and about blocking up your neighbours' drains and that sorta thing, and I think, to a lesser extent, it's about, you know, ruining your vista. Do you think these neighbours can demand the Elders trim their tree to a specific height or fell the tree completely? Anybody can make a claim in the district court. They can demand it. Whether they will succeed or not is entirely different. It's up for the judge, but unfortunately, there's nothing stopping someone from going to the court and saying, 'I want that tree gone.' In February the Elders cut 2.5m off the top of the tree to avoid court. It wasn't enough. Just last month the Bentons took the case to the Auckland District Court, and that's set to kick off mid-May. Maybe they're just trying it on; w-we don't know. Part of the applicants' case ` celebrity estate agent Michael Boulgaris' claim that, because of the tree's impact on the view, potentially up to 10% of the valuation or sale price could be lost. According to the rating valuation, that would be nearly $300,000. Do you stand by that? Oh, most definitely, because you imagine a tree that can grow 50m in height ` that's really for a park or a... or a-a rural location. In Auckland everyone loves talking real estate, and the people we spoke to disagree with Boulgaris. That's beautiful with that tree there. You can see the side of it; it's not really obstructing. There's Rangitoto right there; there's your sea. Um, yeah, no, I wouldn't have that, really. Still better than Old Blighty? Absolutely. (LAUGHS) (LAUGHS) Regardless, to save this tree through the courts, they'd have to spend 10K to 15K. And you could spend all that money and lose. Absolutely. That's what we've been told. We wanted to talk to the Bentons to see if court action was avoidable. We would love to get your side of the story. Are you happy to` to do a face-to-face interview with us on camera? PHONE: No, definitely not. Why's that? (SCOFFS) I don't have to give you an explanation for that. But if you feel like you've got a good case, why wouldn't you want to talk to us about this? I-I-I know I've got a good case, and that's why it's` it is going to court. So thank you. I'm sorry; I'm going to have to finish the conversation. (STAMMERS) But, Jill, can you just tell us your side of the story, please? OK. Thanks. Bye. (LINE DISCONNECTS) Backed into a corner, the Elders have now committed to felling the tree in the next couple of days, the cost ` $600-odd, which they will have to pay. Have you been beaten? Well,... right now it looks like it. We're all outraged that somebody we don't know who doesn't live next door has been able to do this to us and get away with it. But what's to stop that same person approaching another person in the neighbourhood and saying, 'I want that tree gone' and demanding it? So, I'm just gonna say this. It's not like neighbours at war; it's more like neighbours' neighbour at war. That's how ridiculous it is. Yes, I think you guys are gonna (CHUCKLES) have some thoughts on this. I have to say, $300,000 supposedly lopped off the value of that house? I find that very hard to believe. That's Auckland house prices for ya. Well, yes. Now, we are sad to report Emily and Fraser's cedar is not long for this world. They really don't want to spend thousands going to court or run the risk of no-showing and then being hit with court costs. So the arborists have been booked, and the chainsaws will be fired up this Thursday, so not long. Mm. Now, moving on. You` Oh, yes, yes, I'm still here. Yes, that. Still` I've been on the phone all this time. (LAUGHS) How you going? Seven minutes in to Telecom, or Spark as they are now, and it's Crowded House, which is my favourite band. So pretty good, but not like the two minutes that we took` they took last week to get on the phone. No, and as soon as we get a human, we will let you know. Coming up after the break ` a girl's best friend is lost forever. Bright, brilliant and a symbol of love,... Diamonds are a girl's best friend. ...but this girl's best friend went missing after one year. So basically, you were being told that you were too rough with your rings... Yes. ...and too dirty. Yes. (CHUCKLES) Yes. And... Take your marks. Get set. Go. ...the athletes are assembled. Let's be honest, I've got nothin' to do, really, have I? Will they hang on or hang up? I've already been told to expect delays. We take on the government's best. So, normally, it wouldn't take that long for council to answer? Welcome back. Good news. Yeah, well, while you were enjoying our commercials and our wonderful advertisers, uh, Spark answered the phone ` Yay. nine minutes and 39 seconds. The lady was a bit confused about why I was ringing, but we ended it quickly, cos she's got better things to be doing. Yeah, other calls to answer. So that is not bad, really ` 9.39. Yeah, lot worse, though, than the two minutes last week. That's true. All right, moving on, we get lots of questions coming through the Fair Go inbox, and sometimes, to be honest, we just don't have the answer. So we've headed back to the streets to put a couple of those modern moral dilemmas to the people. (SIX60's 'ONLY TO BE') It's a beautiful autumn morning. We're at the Avondale markets in Auckland with a question about a trend some of you have been noticing. It even has a name ` checkout charity. You're buying something from a shop, and you get asked to donate money to a charity on top of your purchase. Is that cool or creepy? So-so ` my choice. Yeah, I cool for that. You know, we're helping people. Nah, cool. Yeah. Okay. Troubling. (CHUCKLES) It kind of feels a little bit imposed, and so, of course, you always feel a little bit guilty about not. I mean, I always end up doing it, um, but I think that, you know, some people aren't in a position to do that, um, but will go ahead and do it anyway, cos they feel embarrassed about not. So, yeah, so-so. I reckon that's pretty cool, yeah. You go and buy something, and you're givin' something for a good cause anyway, so why not? This is become more and more common in New Zealand. I have to say, at the moment, (SUCKS TEETH) I'm okay with it. Retail NZ says... (EXHALES) I don't know about that. Mm. I'm a bit on the fence. Really? It's a little bit intrusive, but I don't mind giving if I'm feeling rich,... Oh, that's nice. ...which is not often. (CHUCKLES) Right, diamonds ` they begin life as chunks of, kinda, carbon, you know, but they pull 'em from the earth; they dust them out; they cut them; they spit and polish them, and they become symbols of love. Aw. Aw. Yes, it is that sentimental, not monetary, value that ultimately turns it into a precious family heirloom. So you can imagine the stomach-churning horror of looking at your hand ` not my wonky finger ` and seeing just a hole where the diamond used to be. Here's Hannah. MARILYN MONROE: # A kiss on the hand may be quite continental. HANNAH WALLIS: Even if you don't know the song,... # Diamonds are a girl's best friend. ...you may know the sales pitch. Diamonds are a girl's best friend. And another one? And diamonds last forever. (CHUCKLES) # Diamonds are a girl's best friend. Like all diamonds, Michelle's are pretty special. Her husband bought them at Pascoes Jewellers three years ago to mark the birth of their two children. For the effort you go to to have (CHUCKLES GENTLY) your children, um, and so` so we went into a store and, um, looked at some rings, and I came across these, which I loved. I think they were originally 2200, and, like, I got them for 1300. So you'd expect quite good quality, right? Yes. Michelle looks after her jewellery. Her 10-year-old wedding ring set, her grandma's diamond-and-sapphire ring and the new rings got the same treatment,... I like them looking nice as well, and cleaning makes them sparkle. ...but some of that sparkle disappeared when the rings were only a year old. I noticed a diamond had fallen out, um, and so I took it into` into the store with my, um, diamond guarantee. Which says... And they looked at it and,... um, repaired it with no... no issue. No trouble at all. No trouble at all. OK. Pascoes staff did warn her that the guarantee wouldn't apply unless she got the rings checked every year. After that diamond falling out, I regularly took them in, um, and got them` got the claws checked. The rings were checked in March last year ` all OK, but then... I noticed another diamond had fallen out. I kinda thought to myself, 'This doesn't seem to be wearing like they should be,' and so I took them in, and I was told by the manager looking at them that they` that I don't clean them, um, and, that they look like they've had a hard life. I said to the lady, you know, like, my wedding rings I've had for 10 years, I've never had a problem with them, and I wear them exactly the same as the ones I bought from them. How did you feel about the way you were talked to? Oh, I felt talked at, um, talked down to. Um... So basically, you were being told that you were too rough with your rings... Yes. ...and too dirty. Yes. (CHUCKLES) Yes. Sure, Michelle has worn the rings every day, doing everyday things, but it's not like she wears her rings to do this... (ENGINE RUMBLES) ...or this. (RATTLING, WHIRRING) I haven't mistreated my rings, um, and to then be told it's my fault, I think, is not taking ownership on their part. Pascoes first said they wouldn't replace the diamond at all, then they agreed to replace it as a once-off, not under the guarantee, but two lost diamonds in three years? Michelle was worried about the quality and sturdiness of rings which should last a lifetime. I wanted rings that I could wear everyday. I wouldn't have bought rings that I knew wouldn't be suited for every day. Michelle got busy checking out her rights under consumer law. So I found out that a product should be of acceptable quality and fit for purpose, which... Not in this case, you would think? Not in this case. (CHUCKLES GENTLY) All right, so you go back to Pascoes... Yes. ...and say, 'I've looked up stuff. Yes. 'I know my rights. Yes. 'You have to give me a refund if I want one.' Yes. And they said? No, that it is wear and tear and that they're three year` three years old, so th` they` that the age of them and the condition of them, they're not gonna refund. Hang on, though. If a product isn't, say, of acceptable quality or isn't durable or isn't fit for purpose, then... Everything is telling me that I'm within my rights for a refund. Pascoes finally offered Michelle a store credit, but the CGA says... So she came to us. I think that people should stand up for their rights and know their rights and keep at it, yeah, until you get what you're entitled to. Phwoah, that's a troubling story on a number of issues, but the first one that strikes me is ` did you get a present for having babies? No, not for having any of them. No, my wife didn't get anything either. Hmm. Hmm. Anyway, back to the story, Pascoes have been in touch, and they told us their qualified jewellers believe the stones fell out due to wear and tear, which, of course, Michelle strongly disputes. Now, Pascoes do accept that a store credit is not a satisfactory outcome for Michelle, and they've now offered her a full refund. Yes, which is what we think they should've offered in the first place. Michelle's going to buy a custom-made piece of jewellery with the refund. And you might wanna check your own jewellery guarantees and also your insurance policies just in case, cos there might be a little clause which says, if you don't get your jewellery checked annually, then it isn't covered. So thanks for the warning, Michelle. Indeed. After the break ` the Call Centre Olympics team is reassembled... Oh! (BOTH CHUCKLE GENTLY) ...to take on the might of local and central government. Time is a-wasting. I've already been told to expect delays. Frustration is building. Now number 28 in the queue, so I think... there's probably about 30-something people in front of me (!) How long is too long to be put on hold? At no point did anyone tell me that my call was really important to them. We take on the government's best. 27 minutes in. (CLAP!) Uh, we're basically just packing up, and I dunno if it's a race if there's only one person left. With a St John Medical Alarm, you have the confidence to enjoy living at home. If there's an emergency, you can press the button and it connects directly with St John, who'll know exactly what's needed, from reassuring advice... to dispatching the right help for your situation. It feels like having St John right here in your own home. Call 0800 50 23 23 and find out about a free trial. GIRL: One day, my mum went looking for something. She didn't have a map or anything. She said she was following her heart. It led her to strange lands. It took her up mountains and down into dark caves. She even looked for it in her sleep. She went further and further. Then one day, my mum, she found it. If she can find it, so can you. Welcome back. We're into the final part of the show and about to launch round two of the Call Centre Olympics. Now, Spark took out first place last week with a two-minute response, and despite the scepticism out there, they managed to back that up today, answering in nine minutes and 39 seconds. Mm. That's pretty impressive. Well done to them. Now it is time to test local and central government. They are the best we have. They're all we could find, actually. They're athletes ` call-centre athletes. They have no aerobic capability, minimal coordination, but they can stay on the phone for as long as it takes... as long as they can figure out the TVNZ door. TVNZ is still proud to present the 2017 Fair Go Call Centre Olympics. Round two ` the local and government edition. Let the games begin. The rules are simple. Find a human at the other end of the phone, and you win. This time round, Anna Burns-Francis has the Wellington City Council, Matt Chisholm ` Immigration New Zealand, Hannah Wallis ` the Auckland City Council, Pippa Wetzell ` WINZ, and Garth Bray ` the Inland Revenue Department. Athletes, take your marks. Get set. Go. And before Garth Bray can even get his iron hot, Anna has won. Dave, hello. My name is Anna. I'm a journalist calling from the Fair Go programme at TVNZ, and you are a winner. The Wellington City Council wins in record time ` 25 seconds. (RECEIVER CLATTERS) He even said, 'Have a nice day.' Wow. He said it was great to hear that they have short waiting times. Elsewhere, Pippa is settling in for the long call,... I've already been told to expect delays from WINZ in the first 10 seconds of the call. ...while Matt knew exactly where he stood with Immigration New Zealand. Anna, hold the Connect Four for one moment, please. I've got an update. I'm number 35 in the queue. I don't know what that means, but I think it means there are 35 people before me. (CHUCKLING) (LAUGHTER) There ya go! I said I didn't know what I meant! We'll leave Matt with his maths, because next door, Hannah has an announcement from Auckland City. They are also experiencing heavy delays, but the good news is I've been told that rubbish will be collected a day later than normal. (CHUCKLES) Very happy with that. That is good news, but the time-wasting goes on. Now number 28 in the queue, so I think... there's probably about 30-something people in front of me (!) Well, the queue psychology is that people actually don't mind queuing as long as they feel like they're moving. So Matt here, he knows that he's moving forward in the queue. It's gotta be satisfying. Pippa's gone out on a limb, suggesting that what I'm doing right now is satisfying. I'm telling ya it's not. It looks like the Call Centre Olympics might be a marathon rather than a sprint, then suddenly ` Nikki, um, it's Garth Bray here from Fair Go. Inland Revenue takes silver in eight minutes,... The thing I like about them the most is ` at no point did they tell me that my call was really important to them,... (CHUCKLES) ...cos that is the central lie of the 21st century. Yes. ...then seconds later, Auckland City Council. Just under nine minutes ` what do you think of that? WOMAN: (SIGHS) Unusually high, I'm sorry to say. So normally, it wouldn't take that long for the council to answer? This leaves just two ` Pippa with WINZ and Matt with Immigration. And let's be honest, I've got nothin' to do, really, have I? PHONE: Good afternoon. Can I grab your client number? I'm calling from the Fair Go programme, and you were about 16-and-a-half minutes. Is that sort of normal? And then there was one. OK, so, um, we're 27 minutes in. (CLAP!) Uh, we're basically just packing up, and I dunno if it's a race if there's only one person's left. We decided we wouldn't wait for Matt. # You're the best around. Last week Anna was dead last with Kiwibank. This week she takes gold with the Wellington City Council,... Oh! Here we go. ...and sure enough, just as we finished our medal ceremony... Gidday there. Who am I speaking with? PHONE: Nathaniel. Nathaniel, Matt Chisholm calling from Television New Zealand's Fair Go programme. How you doing? I'm good, thank you. How are you? Very well, thanks, although I have been on hold for more than 35 minutes. You've actually got the wooden spoon on this one, Nathaniel. (CHUCKLES) You're excited to see the results. Yeah, good man. Immigration New Zealand says they answer 1.3 million calls a year and currently are well short of their target of answering a call in two minutes. They've employed 35 extra staff in the past few months to help fix this. So, there you have it. Congratulations to the Wellington City Council. Inland Revenue ` second, Auckland ` a wee bit behind, WINZ ` fourth, and Immigration facing extradition in last place. Wow. Whoa ` Wellington City Council. I know ` really fast. Clearly, no problems in Wellington at all (!) (CHUCKLES SOFTLY) Not a single issue (!) Now, we do know there's a big difference between getting a human on the phone and getting your problem resolved, but at this stage, the experiment was just to find a human. Yes, and if you're getting the problem resolved, sometimes that could take a whole lot longer. Months. That is the show for tonight, but we will be on Facebook for the next half hour to answer your questions. Now, as you know, our show is all about your problems, your gripes, your grumbles, your concerns. If you've been given the runaround, please get in touch with us. Yes, join us on Facebook, or you can email us. Write to us ` That's our show. Until next week,... ...goodnight. Copyright Able 2017