Tonight ` taking the shine off the golden years. It's elderly abuse. Financial abuse. Getting out of a retirement home can make the eyes water in more ways than one. The way we see it with the old man now, it's a rip off. It's gotta be. Plus ` one man's sleep apnoea is a wake-up call for all of us. Effectively, he was uninsurable. There were some entries in there that were not correct. I was quite relieved I didn't have it. And putting the brakes on bad manners. It grates me. That really grates me. What grinds your gears when commuting? Don't touch me! (LAUGHS) But if you do touch me accidently, I'm not going to be mean about it. Copyright Able 2018 Kia ora. Welcome to the show. We lead tonight with a story that affects New Zealand's most vulnerable ` the elderly. Retirement villages are all the rage, but safety and security comes at a price. You'll be amazed at the eye-watering costs of moving out. Here's Gill with a warning to all of us. James Carrington proudly served his country. He enlisted for the war at 18. He returned from service to be a builder. And then.... In his later years, he did go to the apple and pear board for a while as a 'fix it' man. He hoped he'd fixed a good deal on a retirement villa at Gracelands in Hastings for himself and wife Dulcie. Yeah, it was a typical 12-year-old villa. It was reasonably quiet. And, yeah, no, we were pretty happy. But their dad's hopes of leaving a good inheritance for his many grown children were dashed when he left. The way we see it with the old man, it's a rip off. It's gotta be! The contract, signed in 2006, looked fine. The purchase price was $179,000. The village manager explained the villa would be as-new condition. Then, on moving out, James would pay for refurbishment to bring it back to as-new. He'd get what he paid for the villa back, plus a 50% share of capital gain. Saw the lady, we had a look at villa, and she said, 'Basically what happens is when you go ` when you, well, die, I suppose ` 'they refurbish it. It'll be new carpet, there'll new drapes and painted. 'And we get 50% of the capital gain.' So we thought, 'Oh yeah. That's all right. Fair enough.' So there was nothing new when James moved in, but it was comfortable enough. A second-hand villa. There was nothing new. There was second-hand carpet, was just cleaned. The curtains, we were there one day, and they arrived from the dry cleaners. We saw that. And not to mention that when Dad went in there, there was virtually no heating ` well, a bloody old gas thing ` and he paid for a heat pump. After 12 years, James moved out into a rest home, Dulcie having passed away. Beauty, Jim. You got it there, mate? They expected the villa he'd left to be refurbished to a similar standard to when he moved in. But no. The whole kitchen, the whole bathroom ` everything single thing is stripped. No question. They've taken things like the light switches and the plugs out. I mean, they last for 50 years. Completely different. It was like walking into a totally different building. It did mean a good sale price of $420,000, leaving a capital gain of $241,000 to be shared. So James would get the original sum spent, plus capital gain, giving a total just shy of $300,000, minus refurbishment costs. This was the shock ` the costs were $90,500. On top of a whole lot of fees written in the contract, it left him with just $137,000. It's totally wrong to... It's elderly abuse. Financial abuse. The family say they didn't see it coming. Gracelands management beg to differ. Is that really a refurbishment, to do such extensive work? Hmm. The contract says, 'The cost of refurbishment is the cost of restoring the interior 'to as-new condition.' The first thing about that is, well, when is as-new? Troy is responsible for giving independent advice on retirement villages. 'As-new' means at the time the occupational right agreement was entered into, not at the time the resident terminated the occupational right agreements. The second thing to think about ` well, that being said, what does refurbishment actually include or not? He spoke to a solicitor, who agrees Gracelands has taken things too far. It would be a very long stretch to think that refurbishment could include complete modernisation of a kitchen or a bathroom. Refurbishment was really aiming at things like improving the drapes, doing a paint job. James' villa even got a new conservatory added on at his expense. It's wrong to expect Dad to pay for that. The contrast is enormous. It's unbelievable. The whole thing is brand-new, and that's why I just think it's so totally unfair, compared to what they went into, to what they've done. Of course, retirement village competition is fierce. Villas have to look good to sell, and the fancier it is, the more capital value return. But the family say if capital gain is shared 50/50, why did they have to pay all the costs of improvements, including those they consider to be beyond refurbishment? We're gutted. And the old man, he says it's bloody rip off. But it's his money; he can spend it the way he likes. But I don't think he needs to spend it like that, and I don't think he wants to, but he's got no option. I asked Gracelands management if they thought this was fair. But surely you'd want it to be fair` a fair situation. The family had already made several attempts to deal with the matter ` emails, calls and visits. We went and saw the manager. She's not happy; she told us not to come back. And she said` All she could say, 'Read the contract.' End of story. Then, two weeks ago, their father passed away, leaving the family unsure what to do. So, what advice would you give them? Apart from going to Fair Go? (LAUGHS) They absolutely have to take legal advice, is the first thing. The next step is they could elect to have a mediation with the operator, and if still no luck, they can use dispute notice process. The rate of resolution of these sorts of issues is very high. I guess it's a business, and every business has got to make some money. I haven't a problem about that. But it's a caring thing as well. They've gotta make money, but I think they're making too much. Gracelands say they are open to seeking a resolution. If they do go again, that it'll be worth their while, having paid visits to the village and emailed, and every time just being told, 'Look at your contract.' Fair Go was barred from the meeting, but the family rang straight through with their reaction. How did it go? He did listen and actually showed a bit of empathy and apologised. Yeah, yeah. There were apologies for other things said by one of their employees. And the kind of good news ` They are prepared to look at little bit of it like building and electrical costs. And the conservatory, they said perhaps they'll pay half of that. They don't feel it's enough, but... Not quite. It's not quite in line, Gill, but it's better than nothing. Since then, a firm offer of $22,000 towards the refurbishment. So they walk away with $159,000, still less than James paid 12 years ago, but they're happy enough ` with the money and the moral victory. But they feel a little warning's called for. Just be careful signing a contract going into a retirement home. I'm happy they're happy. Are you? Yes, very. But I'm a bit staggered that they had to pay that much. It's very expensive. It's important to point out, though, there's a new code of practice, which means contracts today have to be much clearer. If you have an old contract signed and dated before 2006, it's worth getting it checked out by a lawyer. You should be able to get it revised and brought up to date, and that could save you and your family thousands. Coming up after the break ` one man's sleep apnoea is a wake-up call for all of us. Effectively he was uninsurable. A debilitating illness cost him his livelihood. And an honest mistake left him in financial turmoil. There were some entries in there that were not correct. Plus, it's desirable and deadly. It rots our teeth and our little kids' teeth. We all crave it, but do we really know how much we consume? Sugar in itself is not harmful. * Welcome back. New Zealanders consume an average of 37 teaspoons of sugar a day. Wow. That's six times higher than the World Health Organisation's recommendation. Most of us have no idea how much sugar is really hidden in our food, but that could soon change. Here's Garth. It's time we talked again about sugar. So, it rots our teeth, and it rots our little kids' teeth. If you listen to public health experts, their case is clear. High blood sugar damages everything it touches, and, of course, your blood touches everything internally. So are businesses making a buck out of our sugar rushes worried about where this is heading? Sugar in itself is not harmful ` it's the overconsumption of sugar. But they also know times are changing. We would accept that people and consumers are concerned about sugar and sugar consumption. The stakes are high. Things that are gonna take years of our life and affect the quality of our life, from diabetes to heart disease to dementia. So if you've tuned out of the sugar debate, time to listen up again. Here's a refresher from a story we did two years ago. GIRL: 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 and a half teaspoons for breakfast. ...12, 13, 14. That's nearly three times the World Health Organisation's recommended daily intake for a child. Kinda makes you wonder ` do we really know how much sugar is hidden in our food? Nothing's changed yet, but... What if they just put a nice, clear label showing how many teaspoonfuls of sugar there were in what you're about to buy? We floated that very idea two years ago. The big news is it could now be about to happen. Food regulators have admitted publicly sugar labelling is confusing, and something has to be done. One option they're putting up is the one we raised ` a graphic on the bottle, can or pack showing the amount of sugar in it, represented as a number of teaspoons or sugar cubes. Of course, it isn't that simple. The 'how many teaspoons' option is one of seven on the table. If people want it, they need to speak up now. The food regulators have given you, the consumer, about six weeks to have your say. Professor Schofield says it won't happen without a fight. Labelling food clearly in a way that consumers can understand what's in there is just like an absolute no-brainer. Of course, it's the exact opposite of what a food company wants. It's like getting tobacco companies to voluntarily put a warning on the front of the packet. It's just not gonna happen if you ask them to volunteer. The people who make those fizzy drinks and juices say they are happy to have a talk about it. We would caution around focusing too much on sugar. Sugar's one nutrient of many nutrients contained in products. Taking the obesity debate and looking solely at sugar oversimplifies the issue too much. And yet looking solely at sugar is exactly what the regulators are now asking us all to help them do. Time to actually do something coherent, eh? I'm all for this, cos if you wanna hit food manufacturers, hit them with packaging, cos that's their chief marketing tool, is how their product looks to you on the shelves. So do we need a couple teaspoons on there? The clearer, the better. Yep. Right. Life is full of curve balls. That's why we buy insurance. It's there to protect us in times of trouble, but things don't always go to plan. Last month, we told you Shane Laker's story. An accidental case of non-disclosure left him and his family in financial turmoil. The insurance company said it was an 'open and shut' case. But that doesn't always mean all hope is lost, especially when Hannah's around. This is the moment Shane Laker told his sister, Wendy... Hey, guess what. ...some great news. I got an email yesterday from Partners Life. Yeah. And they've reviewed my notes... Yeah. ...and agreed to pay. Bullshit! (LAUGHS) No, they have. They've agreed to pay the claim ` reinstate my policy up until today and pay the claim. No way! Yeah. (BLEEP), that's awesome. (LAUGHS) You realise you said (BLEEP) on national television. No, I didn't! (LAUGHS) It's been a very long time since Shane had that much to laugh about, struggling every day with pain that was off the charts. It's... an intense pain in my head. Shane's condition, trigeminal neuralgia, means he can't work. I was in bed for 20 hours a day. But Shane's insurer, Partners Life, said Shane had failed to tell them he had high blood pressure and sleep apnoea, so he got no insurance pay-out for his 16 months without income, and they also cancelled his policy. Based on what was in his medical notes, we made the decision that we wouldn't have offered him cover. Effectively, he was uninsurable at the date that he applied for the insurance. For the past 16 months, Shane's battle with his insurance company took second place to his battle with his illness. I make sure I don't speed. But following spinal surgery a few weeks ago, Shane is on the mend. The way I describe it is like a jack in the box with a... push the thing and the clown jumps out the top of the box. That's what I feel like. Shane didn't believe he'd ever been diagnosed with either obstructive sleep apnoea or a high blood pressure problem, and his fight to get his claim accepted got plenty of support. I've had brokers offer their support. I've had insurance law specialists. I've had all sorts of people. Since having his surgery, Shane has finally felt well enough to go through all his medical notes with his GP. There were some entries in there that were not correct, and one of those is obstructive sleep apnoea. The results of Shane's sleep study show what he'd had was sleep hypopnea, not sleep apnoea. With sleep apnoea, the patient's airflow is reduced by 90%, whereas with hypopnea, it's 50%. It's a less serious condition. I was quite relieved I didn't have it. Shane's doctor agreed. He removed the sleep apnoea classification from Shane's notes and confirmed a diagnosis of moderate sleep disordered breathing ` hypopnea, not apnoea. All I need to do now is be able to get a fair` a fair hearing. Shane went back to Partners Life and asked them to review his case. He knew they had been through all his medical notes. That's what insurance companies do when you make a claim. Good boy. Why hadn't they picked up on the sleep apnoea mistake? When a doctor puts a classification in, we don't go and check the supporting information to see if the doctor was right or wrong. But we relied on what the doctor provided us and we should be able to do that. But they have now agreed no sleep apnoea. So what about high blood pressure ` still a problem? It's often an indicator or an early indicator that there's something wrong with the cardiovascular system and it predisposes you to stroke. Back to Shane's medical file, where he'd also found a driver licence application from 2016 which turned out to be incredibly important. It had never been scrutinised before. That's the thing. I'd never looked at it. His doctor had ticked 'no' for cardiovascular conditions, meaning Shane didn't have a high blood pressure problem. We would prefer to actually have the medical records that show the blood pressure was under control, but in the absence of us having that, we have accepted that we can rely on that driver's licence to say by that point it was under control. And therefore we made the decision that we would have covered him at that point, so we've covered him. You've actually gone way beyond what you're required to do in reassessing Shane's claim. That's not a legal requirement. That is something we've obligated on ourselves cos we think it's the right thing to do. Although they've reversed their decision in Shane's case, the insurers say they must be fair to all their clients, even when that means turning a claim down. It's an awful place for our staff to be in. It's an awful place for the client to be in. But we also cannot pay claims we shouldn't pay, because everyone else who's paying us a premium pays for that. As a result of this experience with Shane, are you thinking of making any changes to your processes? So, every, every opportunity we have to learn from it and maybe do a better job, we take. And this is definitely one of those. We're desperately sorry that he has had to go through this hideous process to get to this answer. For Shane, the insurance pay-out means he can just concentrate on getting well. What did the family say? Oh, they're pretty stoked. My wife, Noelene, yeah, she was in tears, as was my daughter. The first thing she did was burst into tears. The first bit of insurance money's going to the ambos who looked after Shane. Give some money to St Johns, because... I mean, I needed them. Yeah? He wants to have some holiday time with his wife and family. It's going to be quite a long time before you're well enough to work again, isn't it? Yeah, yeah, yeah. I` I'm not sure. I've still got a way to go, but it's... Yeah. I'm a hell of a lot better than I was. Yeah. And he wants to thank his sister Wendy, who travelled to Auckland from her South Island home whenever Shane was too sick to fight the insurance battle. One, I'm gonna look after my sister for her time and what have you. So gonna look after her. Which brings us back to that phone call. I'll come down and celebrate with ya. That's bloody fantastic! Yeah. Shout you a glass of wine. Love it. That's so cool. Awesome! Made my week! Yeah. Yeah, good. It made mine too. Yeah, I was pretty stoked. Yeah. Yahoo! Yes. Good job. Great result, fabulous family, and credit to Hannah too, cos she worked really hard to make that happen, and she was so excited as well. Yeah. Good job, Hannah. What Shane really wanted to get across is that you should check your medical records before you sign up for insurance. If you've already got insurance, check with your doctor to see if there's anything important you may want to add to your insurance records before you have to make a claim. Coming up after the break ` what really gets up your nose when commuting? Don't touch me. (LAUGHS) But if you do touch me accidentally, I won't be mean about it. For some, it's seat hogs. For others, it's those that like to eat on the run. If it's smelly and offensive, then... no. We've got the survivor's guide to bad etiquette on public transport. Creepy. (LAUGHS) Just creepy. * Welcome back. In today's 'hurry up' environment, every minute counts. Better train services and the introduction of bus lanes means public transport has become a fast-track way of getting from A to B ` most of the time. But there is a long list of do's and don'ts. The last thing we need after a tough day at work is to be irritated and hassled by obnoxious commuters. We're talking etiquette, and tonight we're putting the focus on public transport. First up, loud conversations. It's OK to be loud, but I think that can come across quite rudely. You know what? I don't think there's any rules in life. I think it's just respect. Matt Chisholm's proven he can survive in the most trying of circumstances, even on his daily commute on the bus. So what's his take on loud talking on public transport? Grates me. That really grates me. I had it this morning, actually. Other people, it's like, 'What do you think we'll cook tonight?' Da, da, da. Rabbiting on. I think it's poor form. What about the person who sits just a little bit too close? Creepy. (LAUGHS) Just creepy. Don't touch me. (LAUGHS) Just, like, leave. But if you do touch me accidentally, I'm not gonna be mean about it. Yeah. You can't help that sometimes. OK. How about giving your seat up for people who need it more than you? Surely that's just a given. 100%. Yeah. All pregnant people. Yep. Or people with young children. Like, really little children. It's a nightmare if you have to, like, hold them on the bus. Absolutely. Totally. Yep. You have to move for older people, because, um, you know, they deserve it. They've been around for a long time. They've paid their taxes. Their limbs are aching. And so you've gotta give your seat up for those guys. And what about food on public transport? Is that OK? If it's smelly and offensive, then... no. As long as they're not messy, they don't spill it, it's not smelly. If you're neat and tidy about it, I don't see a problem. It's when everybody drops things. Fair enough, but what about those people who don't shuffle over? It's so annoying. They need to move. Nah, that's sad. That's, like, blocking off a chance of you sitting down. Other thing ` people leaving their bags on a seat. It's like, 'No, mate, I'll stand. I'll stand. Make sure your bag has a comfortable journey,' you know? Far out. Yeah, what are you like on public transport? Civilised. Yeah? I'm thinking you would be maybe a talker and an eater. Oh, well, I am hungry, and I do like to talk about being hungry. True. (LAUGHS) I know. What about people who ask too many questions? Hey, you! That's the show, but we're always here to help. Our programme is all about you, so if you've got a wrong you want made right, too many people are talking to you, or feel like you're not getting a fair go, drop us a line. We're on Facebook, or you can email us ` Or write to us ` Thanks for watching. I've gotta get a bus with Pete, our cameraman, home tonight. We're gonna go through his retirement village contract. Until next week,... BOTH: ...po marie.