* Tonight ` paradise lost. We are absolutely devastated. The Kiwi dream turns to dust at the stroke of a developer's pen. Our section's gone. How do you sell someone something that doesn't exist? How safe is buying off plan? If I cry, I'm really sorry. (SNIFFLES) Plus ` thousands of Kiwis have been ripped off. I'm usually not someone who's stupid enough to get scammed by anything, but it looked just so legitimate. Jilted fans have had enough, so how and why is Viagogo getting away with it? It'd be nice to know where they are. (BOTH LAUGH) And movie manners, Mobile phones are somewhat illegal, just about, when you go to the movies. Cinema buffs have had enough of bad etiquette. It's right behind me, I sort of give them the stink-eye, you know. Most infuriating. Captions by Faith Hamblyn. Copyright Able 2018. Kia Ora. Welcome to the show. The Kiwi dream of owning your own home is getting harder and harder. So if you want some cheap housing, head to the West Coast, where the average price is $210,000. But it rises as you head north ` Canterbury is $434,000, Wellington $595,000, and Auckland ` unsurprising, top of our list ` $850,000. No more smashed avocado. Yikes. Imagine after years of searching and saving, finding your own slice of paradise, and then losing it with the stroke of a pen. Here's Garth with a story about the perils of buying off the plans. (CHEERING) For little Charlotte, this is a cool playground. Are you getting dizzy? Her favourite, in fact. Go faster, faster. Whoa. She comes here all the time with her Mum and Nana and little brother, Chris. Yah! Whoo-hoo! (DING! DING! DING!) It's just beautiful. Like, everywhere you look, it's just picturesque. This is part of the dream they hope will soon be everyday reality. (LAUGHS) Waimauku is an amazing community. You go to the playground with the kids, and the locals have a conversation with you, how much they love living there and how much their children love the local school. They still have farm days at the local school. That's so exciting, the idea of my daughter getting to take her guinea pig to school. I mean, in this fast-paced life, just having that little spot of amazingness to go home to is really exciting. But if this is their promised land, it's a promise that hasn't been kept. If I cry, I'm really sorry. (SNIFFLES, SIGHS) And they're the ones that are feeling broken. We were absolutely devastated. Honestly, there's no other word to describe it. And it seems like no one wants to accept responsibility. PHONE: I haven't deceived someone. That wasn't my intention at all. This is where the Beach family dreamed of building a home for three generations with Nana Rae. It's a new subdivision. They bought the perfect section there last year, paid a deposit and a progress payment six months later. It suited everyone ` Rae had lost her husband; Jennai and her man were trying to get ahead. So you're getting a wee bit built out here in your paradise? Yes, it's certainly been built out. And another 85 houses going up over there, so... 85? Yes. We decided it was it was time to move on and take the kids out into the... little bit of a country still. They fell in love with just one spot, a $600,000 plot that was exactly what they wanted. It felt right, that one did, but honestly, there was nothing else on that subdivision I liked. And we agreed on that one cos I thought, 'Yes, we can do what we want to do,' so that's what we signed up for. That was after negotiations, due diligence about the ground conditions ` all the stuff everyone advises you to do before you hand over a $30,000 deposit. And we put that down in April last year. We put down our 5% deposit, and then the next stage was when they got consent to go ahead with the development, we had to put the next 5% down. That was late October. The developer now had 15 months to deliver their section, over 60 grand of their money in trust and a promise they'd pay over 600 grand on settlement. But months after they'd paid that second chunk, they visited the development to find new signs, a new agent and a hole in their dreams. We are sitting here absolutely devastated. Our section was gone. Doesn't exist. Our section had been now changed to a reserve. That day we were just a mess, because we just didn't know what had happened. At the stroke of a pen. Just gone, yeah, and we didn't know. and that was the worst part about it ` nobody had informed us. This is what they bought according to the sale and purchase agreement, and this is what they were now getting ` smaller, different aspect, totally different location ` not what they wanted. We've not actually had any written confirmation of what we're actually buying, cos some days they tell us it's 65; some days they tell us it's lot 19. Our contract says lot 66, which technically doesn't exist. So how do you sell someone something that doesn't exist? It's a great question. The answer may surprise you. Kieran speaking. Kieran, its Garth Bray calling. I'm ringing you cos I work for the Fair Go programme, and I'm hoping you can help me out with some questions about a development out west. OK. That's Kieran Doe speaking, a top triathlete famous in the sport for his natty dreads. They're gone, and he's now a property developer. He's named on the sale and purchase agreement the Beaches signed, along with his company, Zone One. As there always is, there were changes that were forced by council during the resource consent process which did alter a few sites, and obviously that's been one of the sites that was altered. So, what's their issue? So is that your understanding ` that that's just the way these things roll, that you can actually, within the terms of the contract, change the physical location of the whole footprint of the site? Yes. I mean, you can under the agreement. It gives you flexibility to do that. Do you think most New Zealanders would say, 'That sounds fair to me'? Well, I've explained that's development, unfortunately. Getting resource consent here meant quite a few changes ` reserves on dry stream beds, native planting plans. But look at the date on the drawings ` September 2017, nearly two months before the family were told to make their second payment. It makes me angry, because they had so much opportunity to negotiate with us and to tell us they'd changed our section. What would it have cost them to make a phone call? Sounds like it would've cost them about 60 grand. Yeah, probably would've, yeah. Kieran Doe insists it wouldn't have changed anything. We would've dealt with them at the right time, and that wasn't the right time, because things were still moving and changing. Didn't, at least, they deserve the courtesy? I mean, if you've got an ironclad agreement that protects you, then why didn't anyone pick up the phone to these guys and say, 'Listen, the council's come back with some changes. This is where it's gonna be now. 'You still have to make your second deposit, because we still have a deal'? If we owned the site, that would've happened. Yes, as if this wasn't already complicated, Kieran Doe no longer owns the development. After the council granted the consent that triggered the Beaches second payment and sealed their section's fate, Kieran Doe also completed the sale of the whole scheme to a second developer. I've got no authority whatsoever to be able to cancel the contract. You know, that's not in my control, and it wasn't in my control well before I even got the resource consent, because we had an agreement in place well and truly before we got that consent to onsell with consent. The new developer from Cherry Hill Holdings was not hard to find. And she had a different story about trying for months to meet with Kieran Doe to discuss this issue. It is an unusual situation, I believe, yes. He's the new developer's agent, and he's never seen a section changed completely with the buyer forced to go through with it. Myself and the developer are all about transparency. We want to ensure that we work with the purchasers from start to finish, as well as working with building companies to ensure that they're getting what they want, yeah, and they're aware of all of the risks involved. And because it's not how they do business, they're cancelling the contract and refunding the Beach family their deposit in full. We believe it's the right thing to do. Hey. How are you? Jennai and Rae don't know that yet, but they're about to find out. You've got your deposit back, and you're out of the contract. Really? Yeah. Awesome! That's so great. (CHUCKLES) That's fantastic. Yeah. It's just so exciting. It's exciting. Awesome. (LAUGHS) It is. Thank you so much. Thank you so much, guys. Thank you, Garth. I'm gonna give you a hug. OK. All right. I'm sorry, but you are amazing. Thank you. They're especially thankful to the new developer for unwinding the sale her company took over from Kieran Doe's and carrying that cost. I met the woman yesterday who's behind this whole involvement. Yeah. She said, 'I just didn't know, like, whether this family were, like, on the level, 'whether they were trying to get out of it. I didn't know. I just had no idea what they'd gone through.' And it might be the perfect section for someone else, but it wasn't what we chose, so we're just elated. (LAUGHS) Can you believe it's over? No, I really can't. It's fantastic. Oh, great job, Garth. Everyone needs a Garth, but they can't have a Garth ` there's only one of him. (LAUGHS) Unfortunately. Look, it can be a risky business, buying a section before the council has given resource consent. Now, Kieran Doe sent us a statement about that... Hmm. Now, lucky in this case that new developer could see what the Beaches were going through and let them out of that deal regardless of who's at fault. And that is a great result. It is. All right, coming up after the break ` are you paying too much for concert and event tickets? I'm usually not someone who's stupid enough to get scammed by anything, but it looked just so legitimate. Thousands of Kiwis have been ripped off after buying tickets from Viagogo. Yeah, it was really misleading. So when is enough enough? We're concerned about the stuff that's going on in Europe, and if that's happening closer to home, then we'll be very concerned. And movie mayhem. For talking, I struggle with this myself, because I'm a talker. Many a good night has been ruined by bad etiquette. If it's right behind me, I, sort of, give them the stink-eye, you know. It's kind of, like, 'Excuse me.' WHISPERS: I didn't know we had to get dressed up. WHISPERS: We're not going to bed, Ron. We're going out. (ROLLER DOOR RATTLES) (INTRIGUING MUSIC) (IGNITION CLICKS, CAR WHIRRS) (MAN SPEAKS FOREIGN LANGUAGE ON VIDEO) Hit it! (CAR POWERS UP) (EXCLAIMS EXCITEDLY) (WHOOPS) # Lazy days... # (MEN LAUGH) Oh my Gawd! Hey! (SCREAMING) Yes, yes. I don't feel well. BOTH: What?! (TYRES SCREECH) (WOMEN LAUGH) There you go. (BOTH LAUGH) (ENGINE REVS) What have you got under the hood, bro? You wouldn't believe me. (TYRES SCREECH, MEN EXCLAIM, CAR WHIRRS) (BOTH LAUGH) (CLICKING) WHISPERS: See you tomorrow. WHISPERS: It is tomorrow. * Welcome back. Consumer watchdogs around the world are warning people to stay away from Viagogo. Now, if you haven't heard the name, remember it, Viagogo. It's a controversial ticket-reselling website, which is being used by scalpers to scam concertgoers all around the world. That's right. Hundreds, possibly thousands of Kiwi fans have been left out of pocket and left holding fake tickets to events and concerts, including Celine Dion, Shania Twain, Ed Sheeran and Bruno Mars. Now, the Swiss-based ticket re-seller paints itself as a victim, but is it really? Here's Anna. (BLUES GUITAR MUSIC) By now, most of us know that ticket-selling website Viagogo is a Via no-go. I'd never be that desperate to pay, sort of, four times the amount, definitely. I would never use a site like that. (LAUGHS) Its exorbitant mark-ups, pressure-selling tactics and misleading charges have had customers complaining for more than a year that something has to be done. But for those of us who are desperate to see a once-in-a-lifetime event, the temptation to try our luck with tickets can have some very unusual results. Yeah, it was really misleading. And I tried to say that, but their reply just over and over again is that they are legitimate tickets, that I will get in. Meet Effy O'Neil, musician, dedicated Pink fan and now a Viagogo customer with tickets that are in someone else's name. It's really sneaky. Effy's run-in with Viagogo all started with the news her favourite artist was coming to New Zealand. I've always said if she ever comes back to NZ that I'd go. I just think that's she's a really strong woman and she does awesome acrobats. I just really like her music, and I can relate to it as a musician myself. It was the chance to see those acrobatic moves in the flesh that prompted Effy's fateful purchase. The day that they went on sale, and it was literally, like, two minutes ` they'd just sold out five shows in a row in the two minutes that I was trying to buy a ticket. With everything gone on Ticketmaster, Effy turned to Viagogo. I'd never heard of that website before, and I don't really buy concert tickets often, and I'm usually not someone who's stupid enough to get scammed by anything, but it just looked so legitimate. When the tickets arrived, Effy noticed the name on the tickets wasn't her own. Now, that's not unusual ` Viagogo claims to be a secondary seller, which means all the tickets it sells are supposed to be on behalf of someone who's decided they don't want to go to the event any more. But the name on these tickets, well, it's Alexander Levenson. Never heard of him? Neither had Effy. I don't know why I thought about googling the name, but I did, and the first thing that pops up was all of these old articles about him and his company. And then I was just, like, 'Well, he's not gonna go to the concert in New Zealand, is he, 'because he's on the other side of the world. What's a middle-aged man gonna do, going to a Pink concert?' A middle-aged man going to a Pink concert ` it's possible, so we thought we'd have a go at tracking him down. Time to try and find Alexander Levenson. First stop ` the phone book. Hi. I'm trying to find Alexander Levenson. 'No listings for Levenson there.' No Alexander Levensons listed as a property owner and no one in the electoral roll either. But there is one Alexander Levenson who might be a music fan. (PHONE LINE RINGS) Thank you for calling to speak to a representative. Yep, that is an American accent, because this Alexander Levenson lives in New York. But he used to live in Australia, when he was the vice president of Viagogo's Australasian division. We wanted to ask him if he was the Alexander Levenson named on Effy's tickets, because Viagogo's been accused of some shady behaviour in the past when it comes to ticket sales. A Channel 4 documentary in the UK in 2012 revealed Viagogo employees bulk buying tickets using a stash of credit cards registered to staff members. The company also revealed that it received allocations from promoters and official ticketing agencies. We reckon it's pretty curious, then, that Effy O'Neil should receive her tickets in the name of Viagogo's former boss. Why would he buy Pink tickets to a concert in New Zealand? But Mr Levenson never returned our calls, never emailed us back. Viagogo didn't reply to our questions about Mr Levenson, so we asked Ticketmaster what it does to ensure Viagogo doesn't buy tickets direct. We didn't get a response from them either. You don't know any Alexander Levensons? I don't, no. (LAUGHS) Consumer Affairs Minister Kris Faafoi's been investigating the ticketing industry. We're concerned about the stuff that's been going on in Europe, but if that's happening closer to home, then we'd be very concerned. He met with Ticketmaster last week. We're still looking at a whole lot of options that we might have, whether it be price caps, bots, the structure of the market itself. But even he hasn't been able to talk to Viagogo. It'd be nice to know where they are. (BOTH LAUGH) He's not the only one who wants to know ` Effy wants Viagogo's word these Levenson tickets are legit and that she'll get to see her idol. Look, at the risk of sounding like everyone's parent, here comes my dad voice ` if I've told you once, I've told you a thousand times ` stay away from Viagogo. It's a no-go. Mm. That's right. Coming up after the break ` have you ever had a good night ruined by bad etiquette? No, they need to sit at the back. They can't be, like, coming past you when the movie's on. Argh! Late arrivers, popcorn munchers and Coke-slurpers, you all need to manner up. Most infuriating. No. That's definitely a no-go. Plus ` we look for inspiration in a Kiwi classic. From New Zealand, huh? Yeah. How hard is it to sell New Zealand? Hey, man, do you know where the Victoria Falls are? Somewhere near Taupo, aren't they? Welcome back. Is it just me, or do you find at home that movies are a great way to escape the monotony of everyday life? Gosh, yes, but a good night out can easily be ruined by a loud, lolly munching, popcorn-crunching, Coke-slurping movie buff with a bad case of verbal diarrhoea. I'm not going to the movies with you again. Which is why we've decided to take a look at the do's and don'ts of movie etiquette. We're talking etiquette, and tonight we're going to the movies. First up, talking ` how much is too much? After the movie starts, it's not really OK. If it's right behind me, I, sort of, give them the stink-eye, you know? It's kind of, like, 'Excuse me.' And if they don't take the hint, I give them more stink-eye. It's never OK, even though I do do it a lot. Red Carpet presenter Erin Simpson basically gets paid to go to the movies, so she knows all about appropriate cinema behaviour. The talking ` I struggle with this myself, because I'm a talker. (CHUCKLES) And it is quite hard. You can get away with a small whisper to the person next to you on either side ` you can't get away with any more than that. So just know that you're going to the movies to relax and chill for a few hours, and then you can do the talking after. What's the protocol when someone arrives after the movie's started? Most infuriating. Oh, no. No. They need to sit at the back. They can't be, like, coming past you while the movie is on. Well, you're the one paying for the ticket, but I suppose for the other people that are attending, no. If you can get there on time or early, that's preferable. If you arrive late, then you're just upsetting everybody, everyone gets annoyed, and it's just not right. Don't be, like, 'Ooh, there's a seat over there, honey. Let's just walk past 10 people to get there.' So if you do happen to arrive late, just take the first seat you can find. What about those scrunching chip packets? What are the rules around noisy eating? Oh, yeah, no. No. That's certainly a no-go. Nothing smelly. No. Not over-the-top smelly food. And not, like, a full meal. It can be funny, but yeah, probably no. Ideally, you need to buy the food that's behind the counter, because A ` it's not noisy. So, for example, if you're bringing in a packet of chips, that's just going to be crinkly and annoying. The second reason to buy the product behind the counter is because it doesn't smell. So imagine bringing in fish tacos or KFC. That's just not idea either. A ringing phone is possibly the worst movie etiquette, but should phones be outlawed altogether? I actually got caught up, forgot to turn it off, and it started ringing in the middle of the thing. You just have that horrified, sort of, like, 'Ooh, sorry, everybody,' but nobody seemed to mind. It shouldn't be allowed, because people have paid to go and see a movie, and if they are being interrupted by people on their phones, it's quite rude. Mobile phones are somewhat illegal, just about, when you go to the movies. It's because of the light. It shines up, and it takes everyone's attention away to your little seat. How about this one? Someone sits right in front of you or beside you in a theatre that's not full. That would be just weird. That would be just, like, a bit creepy. It's not really about manners. It would be, like, 'Why are you sitting next to me?' I don't mind it. We're just watching a movie, so as long as we're both focused on what we're looking at, it should be fine. BOTH: No. (LAUGHS) Leave a gap. Leave a gap. Always leave a gap. Leave a gap if it's not full, yeah. I think that's a personal thing ` that person's not thinking anything of it; it's more of what you're thinking. So you could politely say to them, 'Oh, look, I'm not in the mood. 'There are other seats. Do you mind if you move?' Or else you get up and move. Just have that conversation with them. Don't sit there and let it boil up and get angry and it ruins your moment at the movies. Now, there just was this one time I took a curry into the movie theatre. Well, the food court was right by` No! Oh, that's disgusting. It was very hard to eat in the dark. Right. Right. Now, while we are on the topic of movies, it is time for the kids of New Zealand to get the cameras out ` that's you guys ` and get creative. That's right. The theme of this year's kids' ad awards is tourism. So we want you to come up with a really cool way to sell your patch of Aotearoa. Now, to kick-start the flow of ideas, we thought we'd dip into the archives and play you this Kiwi classic. (SIREN WAILS) From New Zealand, huh? Yeah. Hey, they say they've got over 350 islands in them Bay Of Islands. Dunno. I've never been there. (CAR HORN HONKS) Oh, Nouvelle Zelande. That is known for the famous Milford Sound. C'est tres magnifique, n'est-ce pas? I dunno. I've never been down that far. Hey, man, do you know where the Victoria Falls are? Somewhere near Taupo, aren't they? A word of advice to all New Zealanders. That was a great ad! Do you remember that one? Well, sadly, I do. (LAUGHS) Now, remember ` you don't have to sell New Zealand, but we do want you to convince Kiwis to come to your favourite playground, park, beach, mountain, town or city. The more visual the better. And we'll be posting a few tips, guidelines and some rules on our Facebook page later this week. So keep an eye out for that, and next week, I think, hopefully, we're gonna talk some prizes. Ooh yes. So, that's the show, but remember ` we are always here to help. Our programme is all about you, so if you've got a wrong you want made right or you feel like you're not getting a fair go, please drop us a line. No problem too big or too small. No, that's right. We're on Facebook, or you can email us ` fairgo@tvnz.co.nz or write to us ` Private Bag 92038, Auckland 1142. Thank you for watching. I'm off to the movies.