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What are your rights when your collectors' pieces arrive by courier battered and bruised?

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 3 July 2017
Start Time
  • 19 : 30
Finish Time
  • 20 : 00
Duration
  • 30:00
Series
  • 2017
Episode
  • 19
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
  • What are your rights when your collectors' pieces arrive by courier battered and bruised?
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.
1 (FUNKY MUSIC) This is unbelievable, mate. People collect the strangest things. Normally, when I've got a bit more space, I'll have them dressed up and displayed. But who's responsible when your mannequin arrives bruised and battered? I just wanted to put them in the skip. Plus ` dirty money! Don't know if I should lick my fingers, actually. New Zealand's P epidemic has left its mark across the country, but has the clean up been overzealous? We will pull the wall. And there's nothing like a bad ad to push your buttons. Stop saying ah, so. Ah, sold. But who decides when cringeworthy becomes offensive? The ones that have done a really bad job of telling a joke, we're gonna go, 'Mm, see ya.' Welcome to the show. Some people collect coins, some people collect stamps, some people like something a little more different. The list of weird and wonderful includes ` take a look ` backscratchers, soap bars, banana stickers, nails, airline barf bags, celebrity hair locks, toe nail clippings, believe it or not, and belly button fluff. All a bit strange, really! In the scheme of things, the eccentric collector in this story almost ` and I do mean almost ` seems mainstream. Here's Matt. Welcome to Tapanui, West Otago. Lying at the foot of the snow-capped Blue Mountains, this is forestry, farming and footy country. It's also home to 33-year-old shop assistant Adam Raynbird. I'd like to imagine I fit in quite well. My parents are locals and working here, I serve a lot of locals. Cool. Thank you. Adam is a mannequin collector. This obsession started really when I was quite young ` 5 or 6 years old, going in to department stores with my mum. He has 200 life-size dolls, the majority in storage. The thing with old girls, they're a lot heavier. Around 30 here, where he lives with his parents, the lion share all but completely filling his bedroom. This is unbelievable, mate. Doesn't actually leave a lot of space does it? No it doesn't. It's quite hard to get a TV camera crew in here. Yeah, no it is. It's even harder to get into bed. How do you get in the sack? Ah, there is, like, a knack climbing over the bottom and, yeah. You wouldn't want to be like me and have to go to the toilet a lot at night, would you? No. (LAUGHS) Adam's room akin to a miniature museum. Fibre glass men, women and children going back 40 years. In Mum and Dad's spare room, more mannequins and the cardboard boxes they arrived in. Normally when I've got a bit more space, I'll have them dressed up and displayed. Some people collect old cars, some people collect stamps. What is it about mannequins that really fascinates you? I guess cos each mannequin's individual and they all tell a story, really. A lot of people would look at this and think this is quite unusual. What do you say to those people? Don't knock it till you've tried it I guess. (LAUGHS) We should all have a crack at having 30-odd mannequins in our room? Yeah. (LAUGHS) This collecting, fussing and perfecting is the former hair stylist's art, his passion. You're not weird? No. Not in one little bit. Is it an addiction? It is an addiction considering that I only wanted one to begin with so... You just can't stop? No I can't. But we're not here to admire Adam's interesting collection. We're here to check out a couple of new additions that were delivered in really bad shape. How badly damaged were they? Quite severely damaged. Cracking on the stomach, cracking on the waist. On Facebook last year Adam approached the man behind Trade Me account Kreative Kaos. I've probably all up bought about 7 or 8 mannequins off the seller. That seller, who worked for a mannequin manufacturer up until about a month ago, agreed to sell Adam these two finely restored fibre glass figurines for $1,000. That's 500 each, plus 300 for freight from Auckland to Tapanui which the seller was sorting. $500 a piece. I haven't bought a mannequin before, Adam. Is that expensive? Yeah for a second-hand mannequin it is. Adam says he paid the 1,300 hard-earned dollars in instalments through November and December, and also says he specifically asked the seller to bubble wrap each individual piece. It's common practice in this game... ...to stop any chaffing. Nothing worse than chaffing. No. And after a long wait, in May, the mannequins finally arrived. I always get very excited. It's like Christmas. But Adam's mid-winter Christmas vibe was crushed. I just wanted to put them in to the skip. When the keen collector discovered the dummies weren't bubble wrapped and were severely damaged. Damage that he's tried to patch up. Cracking on the feet, cracking on the waist, cracking on the stomach and lots of marks just from rubbing and paint off the nose and eyebrows. Who do you think was at fault here? Definitely the seller. You don't blame the courier companies? Oh, no. Definitely, I do not blame the courier at all. Devastated, Adam says he went back to the man behind Kreative Kaos giving him two options ` give him his money back or cover the repair and transport costs. He asked what planet I was living on... ...Then blocked Adam on Facebook and stopped responding to his texts and calls. We can't resolve the issue. The issue, the cost to move the mannequins to and from Auckland and repair the damage, would set Adam back about the same amount as he spent buying the mannequins in the first place ` $1,300. If I knew this was going to happen I wouldn't have gone through with the transaction. Legally, do you think the seller needs to sort this? Definitely. You know, it's pretty cool when people have a passion, isn't it? You know, we're all different, and it's great. It's great. It is great. I was just surprised those mannequins ` they cost an arm and a leg. (LAUGHTER) You wouldn't believe the number of complaints we get about Trade Me and Facebook purchases. It fill up our inbox every week. Yes. It is all good until it goes bad. And sorting out who's responsible for missing and damaged goods can be a nightmare. So what are Adam's rights? But is the man behind Trade Me's Kreative Kaos account considered to be 'in trade'? Unfortunately, it isn't clear cut. Despite having 173 listings in the last two months and 33 mannequins for sale today, Trade Me says this man isn't in trade, that he hasn't reached their in trade threshold, and they won't tell us what that threshold is. But neither the Commerce Commission or MBIE's Consumer Protection team, tasked with providing guidance to consumers around the CGA, were prepared to say whether this guy was in trade or not. We wanted to talk to the seller. We wanted to find out whether he was obtaining goods with the intention of selling them. He wasn't keen. I think he's just burnt out and he's decided not to work here at the moment. His old boss at the mannequin manufacturing company, though, was a lot less reticent. He bought your collection and now he's selling your collection? Yes, yes. He is, yeah. But you didn't want him to sell that collection? Well, the whole idea of selling them to him was that he really wanted them, and he wanted to have them in his own collection and keep them at his house and everything, and that's changed. So the seller is a collector. He could also be, of course, a collector who is in trade. Intent here is key, but suring that up requires an investigation. Another option for Adam, the Carriage of Goods Act. But in this case, the seller organised the courier and he may have signed away Adam's rights of protection. Because he's not talking, we'll never know. Either way, whether he has to by law or not, morally, Adam reckons the seller should cover the cost of fixing the mannequins. If he's a good enough person he'll do this. Sorry, Adam, but you get the feeling. The Disputes Tribunal is your last option. I'm picking whatever the outcome, this probably won't put you off your collecting mannequins? Oh, not at all. The end goal ` Find a big enough place that we can all fit in to. There's no doubt about it, it's standing room only around here. Pretty much. See what I did there? 'Standing room only.' I've got a solution. Adam opens up his bedroom as a mannequin museum in Tapanui. They'll come from miles. It'll pay for him to get his mannequin fixed. Ooh, I like it. Job done. That's your neck of the woods so you could visit. Coming up after the break ` Making money off New Zealand's P epidemic just got a whole lot harder. Yeah, it's going up. P contamination is everywhere. Each of our samples has returned a positive test for methamphetamine. The clean up has cost homeowners thousands, but was it really necessary? What's the risk that people are going to be exploited in this situation? It's high. And they can be annoying... SHOUTS: Best cars! The best prices! Irritating, cringeworthy. Ah, sold. But when does a bad ad become offensive? Bacon strips, bacon jam. The ones that have done a really bad job of telling the joke, we're gonna go,'Mm, see ya.' Welcome back. This time last year, we broke a very big story. It involved the P epidemic and the loose regulations that forced homeowners and landlords to spend thousands cleaning up P contaminated properties. Well, the government has now had its own clean up, and produced higher standards for anyone in the business of testing and cleaning up methamphetamine residue. Here's Garth. P is everywhere and we've proved that. One, two, three. We were the first to test our money... Don't know if i should lick my fingers, actually. ...the results ` tiny amounts. Each of our samples has returned a positive test for methamphetamine. Not enough to hurt you, but enough to trigger a costly clean up, if it was in your home. We will pull the walls. To give you some idea of how low the previous clean up guide for methamphetamine was in absolute terms, consider this ` Here's some ordinary table salt. Let's take one grain, cut that one grain of salt into a thousand pieces, then dissolve that 1000th of a grain of salt into a drop of water, spread the water over this much wall, and let it dry. Any more than that much meth used to trigger the clean up guideline. What's the risk that people are going to be exploited in this situation? It's high. Supported by the latest science and health advice, the new trigger level is at least three times higher, meaning every one of these banknotes would sensibly be deemed no risk. There are now strict and detailed methods for how to test for P... Yeah, it's going up. ...and how to clean up anything over the limit. Screeners will now need an NZQA-approved course to do initial testing, they need accreditation if they're doing detailed assessments to support a clean up, and they need to spell out the risks and findings accurately at every stage. The training ` what would it involve? For the certification, it was actually a skype course, done with a company I used to be involved with. In short, P testing and clean ups just got a lot harder to do, more thorough, which is good news for everyone. Now, I know there was a huge response last year when Garth tackled those issues, we're going to pop this story on the Facebook page. You can see it in all the detail. Yes. Nothing gets people wound up like a bad ad. I love them, personally. They pay my salary. But other people, they get really offended. So here's Hannah with the ads that really push your buttons. It's part of being Kiwi. Its a bacon lover's fantasy. These are the most complained about ads on TV, according to the annual list put out by the ASA,... Never again. ...the advertising standards authority. So many of us griped about them that they've made the ASA's latest top-10 list. We asked media commentator Jill Brinsdon to watch the ads with us... You reckon 2Cheap Cars are the best Japanese imports, do you? Ah, so. There's lots of reasons why that ad shouldn't be on TV. ...and share her expert opinion. SHOUTS: The best cars! The best prices! SHOUTS: Nothing offensive about it at all (!) In number-one slot, this ad. Viewers weren't offended because this word... Ah, so. ...is so similar to another offensive a-word... Stop saying ah, so. Ah, sold. ...it was because Kiwis thought it perpetuated racist stereotypes. This one, I think, was supposed to be funny, isn't funny, so all we're left with is the study of a man wearing bad dad jeans bullying a Japanese ` apparently Japanese guy ` who is saying a stereotypical word. So boom, it's a stereotype. And the advertiser was asked to pull the ad, which they did. This ad came in at number two. The complaints were that it showed drug use and was played in prime time, but the ASA thought the message was important and didn't think most of us would be offended. I am with the ASA, yeah. I'm totally with the ASA on this one. Say a 12-year-old happened upon it. I think it's a learning moment. These rulings, it's interesting, the ones that pull off the humour, they are less offensive because we're genuinely entertained. The ones that have done a really bad job of telling a joke, we're going to go, 'Mm, see ya.' Most of the complaints received weren't about offending taste and decency, they were actually about misleading advertising. Precious drinking water supplies are being polluted by industrial dairy farming. Complaints about this Greenpeace ad said, 'Hang on, it's not just dairying 'that's polluting our rivers.' Was Greenpeace misleading? They're not putting it out there like it is just their opinion, they're saying, 'Here are some facts.' And nobody can dispute that a huge number of our rivers that our kids used to be able to swim in, we can no longer swim in. The Greenpeace ad was deemed OK, but this ad for drones and cell phones has disappeared from our screens because of this line,... 'Fly free and film our neighbours with drones.' The ASA agreed that it wasn't OK to suggest invading our neighbours' privacy for a bit of fun. With some ads that are complained about, you can go, 'Oh that's a long bow,' but this is actually a really short bow, because the truth is, there will be idiots out there who'll go, 'That's a good idea.' Mummy, Uh-huh? Why do you only have photos of Danny on the wall? This little girl was a surprise inclusion in the top-10. Beautiful talent as well, the girl is absolutely perfect, pitch perfect. Well, when you were born we had Facebook, so you're tagged in all Mummy's Facebook photos. OK. But some viewers thought the ad promoted the use of bad behaviour to get your own way. Seriously? I just wonder how many 8-year-old girls saw that ad and thought, 'I'm going to smash a vase.' That's the complaint. I'm guessing this one was not upheld. Not upheld because the ASA found it was light-hearted and humorous. And the authority can't force advertisers to remove or change their ads, it can only ask. The bar's set reasonably high. This ad made the top-10 complaints list. Bacon strips, bacon jam... But the ASA didn't think it was that offensive, and Jill agrees. I think this is using sex to sell, rather than being sexist. It's weird because, you know, they're a modern fast food chain talking to modern guys using some of the most old fashioned sales techniques in the history of sales techniques, really. Our most complained about ads, though, are pretty tame. Here's what made a similar top-10 in the UK. (THUD! CAT SQUALLS) Paddy Power can't get Tiddles back. (THUD! CAT SQUALLS) (GAS WHOOSHES) Do you feel a tiny bit conflicted that some of those offensive ads are also very funny? Yeah. It made me think of the Pixie Caramel ad. Remember that with the firing squad? Oh, yes. Classic. Just wouldn't get away with that these days. A little bit un-PC. Right. Coming up ` A Fair Go punter finally gets the big break she's been wishing for. Push those hips out. There's a reason they say hard work pays off. I'd like to present you with a scholarship cheque. Sometimes it can lead to an unexpected bonus. I'm pretty stoked. And confessions from an airline attendant. The food might be marginal,... What's the one thing you'd advise passengers to avoid doing on a plane? The tap water? 1 Welcome back. A couple of weeks ago, we ran a story about a web-based fitness company called Fitlink. It went in to ` then out of ` solvent liquidation last year, leaving dozens of students out of pocket and fighting to get out of their Fitlink contracts. One of them, Jamee, has found a different way to continue with her dreams. She's a bit of an inspiration, really. Raise those hips up. Push those hips out. Jamee Eade's a pretty determined woman. And again. Jamee's restarted her training, with the NZ Institute of Sport in Christchurch. She travels in from Coalgate, near Darfield, every day. That's 60km each way. Big commitment. She loves what's she's doing and has just had her financial losses eased a bit with a surprise scholarship presented to her by her tutor Craig Wilson. Just to let you know, on behalf of the NZIS crew, and knowing the hardship you've been through and appreciating you coming to us and particularly all the travel you're doing to get here, and the fact that you're an awesome student, we'd like to present you with a scholarship cheque to help with the expenses of the course with us this year. Awesome! The $2000 scholarship tells Jamee she's on the right track. Honestly, I had no idea they were going to do that. Huge. Huge. That's a pretty big smile! Oh, well, I'm pretty stoked! That's a great result for Jamee, isn't it? I'd like her as my personal trainer. Very committed. Very nice. Right. Time for a bit of a confessional. We've heard from the 'Headset Mafia' in call centres, and got a taste of life behind the fast food counter. Tonight we're airbourne with a flight attendant. Tonight in the Fair Go Confessional, I'm meeting a flight attendant. He used to fly short haul, New Zealand to Australia mostly. It was 12-hour days, up at 5 and finish late afternoon. He did this for a few years before leaving to travel overseas. I'll call him Chuck, even though that's not his real name, of course. Chuck, you were a flight attendant? What's that like? What's the best way to get an upgrade? Ah. Do you give out free upgrades much? Attractive people get upgrades? Very diplomatic, Chuck. Did you ever turf someone out because the flight was overbooked? Wow. My God. Oh my God! Look at what you did to him! It's not like we saw in America, is it? I have to go home. I have to go home. Do you chuck people off if staff want to travel on that flight? OK, let's have a round of quick fire questions and answers. Do they drop cabin pressure to lull people into falling asleep? What's the food like? Gotcha. What's the one thing you'd advise passengers to avoid doing on a plane? The tap water? Oh. Do people get over friendly on the plane sometimes? What's the most disgusting thing you've seen on a plane? What about the toilet? People and babies on flights? Oh. That's not ideal. So, do you want to be a flight attendant now? I'll tell you what, I have a huge amount of respect for flight attendants, because they do have to put up with a lot. And if you want to be part of our confessional series, if you're a doctor or nurse,... Yes, maybe a parking warden, taxi... ...tow truck driver, house maid in a hotel, if they're still called house maids... ...we would love to hear from you. Before we go, we've had loads of people asking about this year's Kids Ad Awards. We're still working out finer details, but rest assured, they are happening. The due date will be the end of September, and, as usual, the prizes are going to be epic. The theme? We don't want to give too much away here, but let's just say Fair Go wasn't the only great thing to come out of the '70s. I came out of the '70s. It's not going to be about me. Right, so, that's the show. But Pippa and I will be on Facebook for the next half an hour to answer your questions. Our programme is all about your problems, your concerns, your gripes, so please get in contact with us. You can join us on Facebook or you can email us or write to us. That's our show until next week. Goodnight.