Captions by James Brown. Captions were made with the support of NZ On Air. - Tonight, years of delays, waiting for their homes to be completed ` the contract clause putting dreams on hold. - We felt really shocked and extremely frustrated. The dream that we had was falling apart. - Plus, e-scooters, e-bikes, e-cars. Are your electronics living up to their charging promises? - Have you ever managed to do 20 K's on it? - Never. No. Not even downhill with the wind. - And an extra low price that just doesn't add up. Kids, this is why maths is so important. www.able.co.nz Copyright Able 2023 Tena koutou katoa. Welcome to the show. Now, the families in our next story thought buying a new house off the plans was a great way to get into their first homes. - But what they didn't count on was a contract clause that would mean years of uncertainty and delays. Here's Alistar. - How long is a dream worth waiting for? - It should have been my home. It should have been exciting. And it's not any more. - Because Lesley's been waiting almost three years to move in to her new build. - My plot's still being used as building storage. That's it. - And that's how it's been since 2020 ` little action, just dirt and gravel. - Where does Nemo go? - Tafadzwa and her and her family are waiting on their new build too. - It's beyond frustrating. We're in limbo at the moment. - Because of construction delays. But Lesley and Tafadzwa's disputes are more complex than that. It's all to do with something called a sunset date, and more specifically their developer's ability to extend that date. - I feel as if they're holding us to ransom. - If you want to get to know Lesley, you have to keep up. This is my chance to shine. No. (BOTH LAUGH) - I'm not a gym bunny, but I enjoy going for runs and doing power hooping. Just wanted to get a bit fitter and a bit more active in myself. - And in 2020, another change. It was time to work out how to get into her first home. - With my age, banks would only really give you a mortgage on a new-build property. - And she found one ` part of a new property development in Flatbush, Auckland. It was then being built by developers Ormiston Rise Ltd. - I've rented now for, well, a long time, so it was nice to actually sorta get on the ladder. - She bought the lot in November 2020, paid a 10% deposit, expecting to move in by August 2021. But what about the sunset date? Now, that's the date that key milestones like code compliance, the title of the property or the house itself needs to be completed by. If not, the vendor or the buyer can cancel the contract. Other contracts might only give that right to the vendor. - Stops you from being held in limbo forever, waiting for a contract to be completed. - Before signing, property lawyer Joanna Pigeon says pay close attention to the terms of a sunset clause. - There might be a sunset date, but if there's an ability to extend, that might not be the final date. And so you need to be aware that you're on that journey of that contract for what can be an extended period of time. - But you can negotiate it before you sign. - Doesn't mean that the vendor will agree. - Lesley's was set for June 2022. - There was no red flags to me that that was gonna be a problem. - Until May 2021. - And an email came through, telling us that they were going into receivership. - 'They' being the developers. - Worried about my deposit more than anything, because obviously that's your entire life savings that's sitting in a trust account. - But they assured her the deposit was safe. A few months later, the development was taken over by The Neighbourhood South Ltd. - Obviously very, very nerve-racking. - And Lesley's nerves were about to be tested even more. Same goes for Tafadzwa and her family. In March last year, after just having their first child, they were looking to settle. She came across The Neighbourhood on Facebook. She was sold. - The fact that it was a new build, cos that's really what we desired. We wanted to be the first ones in that particular property. - And they didn't have to wait long. The house would be completed by September that year. - Within about a week and a half, we're already signed up and ready to sign the sales and purchase agreement. - They paid their 10% deposit. Their sunset date was May 2023. It's important to note that both contracts have a clause called specified event or force majeure, meaning if there's an event that prevents the house from being completed, the vendor can cancel the agreement or extend the sunset date by no more than 12 months in total. A specified event has to be beyond the vendor's reasonable control. COVID, lockdowns ` definitely beyond anyone's control. The developers extended Lesley's sunset date from June to December 2022. - You know, I trusted them and stuck with them and said yes ` I agreed to that original extension. - Leslie could have cancelled the contract at this point, but for her it was risky. - House prices had gone up slightly in Auckland at that point. So, you know, when I actually assessed it and looked at it, I was better off staying with what I had. - But then the developers asked to extend the date twice more, from December 2022 to June this year, and then most recently to June next year. This was the last straw for Lesley. With legal help, she declined the last extension, but... - That was just rejected. I just feel like they can do what they like, and they don't seem to care about people's lives. - The developers were entitled to trigger the specified event clause. But what exactly was beyond their reasonable control? The Neighbourhood says the receivership in 2021, council consent delays and other pandemic-related issues like material shortages made it difficult to complete the build. - 'No building consent has been obtained for Lesley's block. 'We've also been hamstrung by a very tight labour market 'and simply haven't had labour available. 'Our project schedule then called for up to 300 staff on site. 'We've not been able to recruit more than 150.' - It apologises for the delays. - 'Lesley will either get her house by the extended sunset date or get her money back. 'Her deposit's protected. 'We expect to deliver her home around six months after gaining building consent approval.' - And the developers have offered solutions to some buyers in hardship and tells Fair Go they could sell Lesley's home on her behalf. About the hold-up with building consent, Auckland Council tells Fair Go that it's waiting for outstanding information from the developer, which it says is expected following a receivership. It also says that the pandemic has had no impact on the consenting process, and says average processing times have only increased by four days. So was the specified event clause justified? - It's not completely black and white. But certainly by 2020 everyone was aware of the possibility of lockdowns, of supply shortages and delays. So these aren't new things. If there was a shutdown for three months, then the extension should only be for three months, not, 'Well, actually, we're running a bit behind anyway, so let's make it a six month extension.' - In Tafadzwa's case, the completion date was pushed from September 2022 to early 2023, and then pushed again to October and then November this year. - We felt really shocked and extremely frustrated. We were kind of losing our patience as well. The dream that we had was falling apart. - Plus, the developers wanted to push the sunset date 12 months from May this year to May next year, citing the pandemic and ongoing staff sicknesses. Tafadzwa was done. Her lawyer sent a request to cancel the contract, but the developers haven't accepted that. - We rebutted by saying that lockdown were completely finished in August 2021. We signed in April 2022, so really that particular scenario is irrelevant to our situation. - A letter Tafadzwa received from The Neighbourhood's lawyers does acknowledge that COVID restrictions happened before the agreement was signed, but... - 'It does not follow that the restrictions 'did not have ongoing and unpredictable consequential effects 'on the remainder of the development.' - The letter also stated delays due to labour shortages, and said there was council delays in inspections and building consent processing because of extreme weather events. And an update from The Neighbourhood ` building is underway and expected to be completed around the end of this month. And then the council code compliance process will follow. Through all this uncertainty, both Tafadzwa and Lesley are certain about the impact this has had on their lives. - I just feel like I want my life back. And that may sound really dramatic, but, you know, I'm constantly worried about what's gonna happen, how I'm gonna get my money back, and or even, when and if the house is built, you know, am I even gonna get a mortgage? I think, in all likelihood, I won't be buying again, which is a real shame. - Financially, having to escalate it further, in terms of our solicitors and any correspondence that we do have, there is fees to that, so it's definitely taken a toll on us. - And that's why they don't want to see this happening to other families. - My advice would be look out for yourself, because these companies are not looking out for us. - E haere ake nei, coming up ` he was promised his battery would last for 20 K's. - 12km done, and I am... I've got 1.7km to go. - And still 21% charge? None of this is adding up. Plus, Pippa dives into the mail bag, where a takeaway complaint awaits. - And I just thought, bugger it ` I'm gonna contact Fair Go. - And we thought, bugger it ` we're going to contact McDonald's. - Kia ora. Nau mai, hoki mai. Welcome back. We know a bit about charging here on Fair Go. If you're charging a lot, it had better be worth it. And if you're charging an EV, it had better go the distance. - Yes, and if you're feeling overcharged or under-powered, you might just be like our next chap, whose new e-scooter is doing nothing for his nerves. - They're sweeping through our big city streets, a commuter revolution on two little wheels. What once seemed like a fad is only gathering pace. And e-scooterist Simon says give it a go. - Love it. Yeah. Passionate about it. - Are you 100% ready to hit the road on your scooter? - According to the app, it's 100% full. - Are you 100% certain of that? - No, based on the past testing that I've done. - The problem is Simon bought a scooter that was advertised as going for 20 K's before running out of juice, but every time it's fallen short. So today Simon is going to take us to his limit. Have you ever managed to do 20 K's on it? - Never. No. Not even downhill with the wind. - It's all here on the official app, paired to the Segway e-scooter he bought four months ago. If something says it's gonna do 20 K's, you expect it to do 20 K's, right? Conditions look promising, too. It's pretty flat, I've gotta say. - You come from hilly Auckland, yes. - Yeah, right. It's flat for us. But Simon says watch how that promised range rapidly dwindles, as he orbits Hagley Park in Christchurch, round and round in ever-decreasing circles. Here comes Simon. After a couple of laps, let's check that charge. Come on in, sir. Oh, look at that. Good brakes. - Good. Yes. Excellent. - How are we going? How are you travelling? 8 K's, roughly? - Roughly. Roughly 8 K's. My app says I've got 7.5 K's left. - That doesn't make 20. - No, it said at the start, the cumulative` - You've lost about 5 K's in there, somehow. - Yeah. - And how's the charge? - Just under 50%. - Does that seem right? - No it's not. It's pretty misleading. - We'll test that charge a bit further. It is a gorgeous spring day here ` mild, no wind, but always the same result. He'll have used half the battery charge, but he's nowhere near the 10 K's that's supposed to take him. And the performance falls faster and further, until, close to empty, it's nothing like the 20 K's advertised. I reckon it's about 12 K's now. He must have a little left in the tank, huh? Simon? Come on in. Wow. Give us the tale of the tape. - Well, it's about 12km done, and I am... I've got 1.7km to go. - And still 21% charge. None of this is adding up. - Yeah. - Especially not for the price. 750 bucks is what you paid for this. - Yeah, I appreciated it was quality. Yeah. - Just the range anxiety. - That's not good. This was meant to be therapy. After surgery to replace both of his hips, Simon wanted to get out and about. And 20 K's felt right. We know range claims in cars can cause a few eyebrow-raises. And it depends a lot on how you drive ` on and off the gas, or decked out in flags with extra drag, or running AC all day, it all affects your mileage. But Simon wasn't hooning. - This is the fourth test on eco mode, and 12km is the most I've got out of it. - Simon had bought this in-store from PB Tech, so that's where he took it back. - I contacted them and dropped it off and it got tested, and it tested fine, so I was happy that I hadn't got a dud battery there. - As for those range claims, Segway wasn't answering Simon or us. And when we asked PB Tech, it couldn't connect us with Segway in China either. PB Tech says the info is online on its website, but in-store you need to scan a QR code on the shelf while browsing. Then you'll learn that 20km range is under laboratory conditions with a full charge, a 75-kilo rider, tyre pressure of 40psi to 45psi measured at 60% of the maximum speed ` that's 15km/h ` on a flat and hardened road, and at an ambient temperature of 25 degrees. PB Tech says... - 'It's worth mentioning that Christchurch's temperature 'has mostly been colder than 25 degrees since the time of purchase.' - PB Tech told us when it tested Simon's Segway,... - 'It met acceptable standards considering the current conditions.' - But... 'We don't test these scooters until the battery is fully discharged, 'making it challenging to determine a precise final range during our testing.' - But experts we spoke to say there might be a good reason the testers didn't run it dead flat. - The more you discharge your battery, the harder you work your battery. - So running your battery right down to zero is actually a big no-no. - Running a battery right down to 100% drain is gonna shorten your battery life, as well as its performance in the long run. - And that is likely to also limit how many times anyone could get the full range promised by any e-scooter. And then there's that 25-degree day you'll need. Running it, like, when it's a cold day, that's actually gonna make a difference? - It is, actually, because the battery, at the end of the day, is a chemical reaction. As the temperature goes down, the internal resistance of the battery actually goes up. Quite a lot of the power output of the battery is actually dissipated within the battery, than being delivered to the scooter itself to actually turn the motors on the scooter. - So what else can people do to look after their batteries? - Keep it topped up whenever, wherever possible. Don't overcharge it. Use the correct charger. And the other thing is, if you're going away for a long period of time, you're not gonna be using your scooter, rather than leaving it on discharged mode, leave it fully charged. That will take care of your battery for you better as well. - Huh. - Yes. - PB Tech says it's a responsible retailer. So how is it taking care of Simon? Well, now it's offering him a full refund if he's still not happy and wants to return his Segway. 'This gesture exemplifies our unwavering commitment to customer satisfaction.' - Simon really wants Segway to put a more real-world range claim on the product. He's been weighing up a refund or regifting. - Christmas is coming, so it might be a relative's Christmas present. - But he'll probably just keep it, make the best of the nice days and mind how far he goes. Here's the wisdom I've learned, Pippa ` batteries, they're a bit like teenagers ` they can be quite fussy, and you do need to keep them topped up to get the best out of them. - I hear you, Garth. And great tips, Dulsha. Amazing. I felt like, at my age, I should have known more than I do. Remember, though, to look at the instructions for your individual device. E haere ake nei ` coming up, I dip into the mailbag. - Gordon Chamley's a little perplexed by the pricing of a family favourite. - Kia ora. Nau mai, hoki mai. Welcome back. No story too big, no story too small, we say. And you lot have got a great nose for a small yarn. - You sure do. So Haydo has handed his favourite segment off to me. And here we have it ` the first Pippa's Mailbag. Nothing quite like that ritual of making a cup of tea and settling down with a bit of mail and your fave biscuit. But Gordon Chamley is a little perplexed by the pricing of a family favourite. He spotted twin packs of Griffin's Gingernuts for sale at Pak'nSave in Paraparaumu for an extra-low price of $5.29. Directly above them, single packs of Gingernuts at what appears to be a standard price of $1.99. Kids, this is why maths is so important. Mmm. So, 250g plus 250g equals 500g. So, yes, that's exactly twice the number of Gingernuts. But then $1.99 plus $1.99 is a lot cheaper than $5.29, even though that's meant to be an extra-low price. And I don't think it's just me, but wouldn't you expect the twin pack to be cheaper in the first place? Best get Pak'nSave to explain this one. - The single packet of Gingernuts at Pak'nSave Kapiti on at $1.99 should have been on an everyday low ticket, rather than a standard white shelf ticket, and... - Sometimes our pricing might seem a bit nuts, but what it's all about is getting the best price for our customers, regardless of the pack sizes that they're looking for. - And Pak'nSave says thanks to Gordon for picking up the discrepancy, and they've got a free pack of Gingernuts for him. Now, if you're into checking out the teeny-tiny print on the back of a packet or a jar, here's something you have most likely seen before. It's small print, but it's a big frustration for Chris McIvor from Timaru. - Hi, I'm Chris. I'm anaphylactic to egg and egg products. My question, is why are companies not held accountable to listing the specific ingredients in their products, and instead are able to cover themselves by saying 'may contain' various other ingredients? - We figured Mark Dixon of Allergy NZ could shed some light on this one. - The statements originally came about to protect the consumer from the risk of exposure to an allergen that would trigger their allergic response. - Mark says the 'may contain' statements are voluntary and come from guidelines from the global organisation in charge of food labelling. But he thinks they're not fit for purpose any more. - It's caused a lack of trust and credibility in these statements. And it's done the opposite of what it was originally designed to do. - Allergy NZ is pushing for change on behalf of people like Chris, with severe allergic reactions. It says if in doubt, avoid the product, or contact the manufacturer for more information. There were no allergies for Donna Stratford of Whangarei, but there was quite a reaction when she decided to give herself a well-earned night off cooking and treat the grandkids to McDonald's. - At the end of ordering, I said I'd like to redeem an instant win ticket on the Monopoly game for a Quarter Pounder, please. And the response was, 'We're not accepting them any more.' But it says that it's valid till the 29th of this month, and today's the 25th. - Donna kept questioning why she couldn't claim her burger but just got the same response. - And I just thought, 'Bugger it ` I'm gonna contact Fair Go.' - And we thought, bugger it ` we're going to contact McDonalds. And this is what they had to say ` - 'We've looked into Donna's complaint. 'It appears to be an isolated case, 'where a staff member may have misunderstood some details around the Monopoly At Macca's promotion. 'We're looking to get in touch with Donna to apologise and make good on the free food item she won.' - And that's it for Pippa's Mailbag. Tough job, but someone's gotta do it. - I've got to ask, how many Gingernuts were consumed in the making of that story? - Only to provide the best possible story for our viewers, obviously. There were quite a few Gingernuts consumed, and some cold McDonald's, I have to say. - Did they go together quite well? - They actually went together strangely well. Right, that's it from us. But if you only caught part of the show, you can catch all of it, plus past episodes on TVNZ+ whenever you want, because we're always here to help. - That's right. Our programme is all about you and your consumer aches and pains ` and Gingernuts. So please do get in touch. - You can get us on Facebook, TikTok and Instagram, go to our webpage ` tvnz.co.nz, email us ` FairGo@tvnz.co.nz or write to us ` PO Box 3819, Auckland 1140. - Thanks for watching. I'm gonna go rummaging for biscuits on her desk. Until next week... - BOTH: Pomarie.