Captions by James Brown. Captions were made with the support of NZ On Air. - Tonight, it's a lovely house, with a lovely view, but... - They built the house in the wrong position. - And her number plate is her name, but someone has complained, and she may lose it. - It's my name for, what, 70-odd years. I can't change that. - And how do they put the mix in a mixed bag of toffees? - How many coconut toffees in a bag of Mackintosh's is a fair mix? Half a bag? I don't think so. www.able.co.nz Copyright Able 2024 - Tena koutou katoa. Welcome to the show. Now, from a distance, Susan and John's new house looks picture perfect. But there's a problem. - A big one ` their house was built in the wrong place, and now it's sinking. - So who's responsible ` the Council, the builder, or the homeowners themselves? Here's Gill. - Location, location, location. If that's what sells houses, how about John and Susan's new build? Look at the view. And it's not far from the chocolate-box town of Fairlie. The house itself looks a picture, too. - Had a few mates that were builders come in, and they said, 'Oh, they've done a good job.' - But don't reach for your wallets just yet. John and Susan don't want to sell. And even if they did... - Basically, the house is worthless. - And ironically, that's also down to it's location. - They built the house in the wrong position. - For four years, the house has been slowly sinking. When did you actually start to notice that something wasn't quite right? - We had the first rain, wasn't it? - Yeah. - Out here was leaking. And this was just a little rain. It looks heavy rain ` that's only cos it's coming off the spouting. - Any rain, and the gutters are gushing. - I rang the builder and said, 'Look, the spouting's leaking.' And he just took one look, he says, 'It's not my problem.' - It's not level. - He said the house is not level. - There are some tell-tale signs. - Quite a bow in that decking there. And also the pole, how much it's sunk. - I think this calls for a ball test. (THE CLASH'S 'LONDON CALLING') - I don't think that's supposed to happen, is it? - It's caused by what lies beneath. So after seeing the problems, John paid for the whole site to be tested. - Good ground is a condition which set out in the New Zealand standard for timber-frame buildings. Where you have good ground, the foundation can be quite a standard simple foundation. And where you don't have good ground, the foundation needs to be more robust. - The foundations for this house were simple, but the ground it sits on, to the north of the property, is not good. - The foundation simply can't cope with the low-strength soils at one end of the building. So you're getting a seesaw effect, where the building's just moving down at one end and staying still at the other. - It's not just unsuitable. It wasn't built where the plans said it should be. - End of the day, it was consented on a certain spot and wasn't put there. - The plans put the house here, but it's 12m further north. It sounds a lot, but John says the site was so big, he had no idea. So who's responsible, and who should pay to fix it? Like the golf ball, the dispute keeps rolling. Let's go back seven years, when it was all land and no build. - We went through the third degree to get consent. And one of the last conditions was that the roof of the house couldn't break the ridgeline behind. So we had to dig a bloody great hole. - John paid a surveyor to do the plans. He also paid an excavator, who we've come to meet. - On the basic site plan, there was a box drawn on it to be the house and a detached garage at the back. - OK. Really clear. - That was the site. Yeah, very clear. - It was a huge job cutting into the solid rock. What happened to all the material that you took off? - The material? Some was put out the front here, that was going to be designated lawn. And then the rest of it was put lower down on to another platform. - He says two pegs placed by the surveyor were left in to show the front boundary of the house. He says the build should be to the right of this peg, but it's to the left. Have you ever seen anything like this? - No. (CHUCKLES) Not this bizarre. And all the paperwork was there. - The build was carried out by McRaeway Homes of Timaru and consented by Mackenzie District Council. John thinks both are to blame. - One put it in the wrong place and the other put us through the third degree for consent and never followed the process. - The Council signed off on the ground being very firm, hard, dry clay. It failed to notice the house was in the wrong place and now breached the ridgeline. And it wrongly granted a code of compliance. As for McRaeway, it didn't stick to the building code and consents, which says plans and specs must be followed. But there's another side to the sinking saga, because neither the Council or McRaeways accept any liability. Now, we'd really like to understand why. But despite many attempts, they've refused to explain their position. Still, we want to be fair, so what we'll do is outline what they've said to John. They initially blamed the excavator for faulty work and say that John changed the build site. - The builder blamed me cos I'd had shifted the pegs cos I wanted a better view. Well, I mean, if you shift the pegs 12m, is it a better view or not? - He says he did no such thing ` the view's great from anywhere. Then another accusation. - The builder blaming John, he was gonna move the pegs so he could put a big garage there. - We had applied for the consent, um, before the house had started. You know, I'd spent 5K or 6K on the surveyor and landscape architect. - So hand on heart, you didn't shift the pegs? No! (LAUGHS) Well, why would I shift them, when I'd spent all that money? But McRaeways says John made a call to move the house location in an on-site meeting. John was living some way away, but recalls... - I just called in just to make myself known. And I said, 'Everything going good?' And he said, 'Oh, yeah, yeah!' Well, he claimed it was a meeting. It was a chance encounter. - Yet McRaeway says that meeting led them to shift the build site. And, according to their contract, it's the owner's responsibility to set out the build site correctly and to ensure all consents are followed. Still, that implies they ignored the available building plans and consents,... (UPBEAT COUNTRY MUSIC) ...instead taking instruction from this guy. - (WHISTLES) - A retired musterer... - Wayleggo! Turn! - ...and a bit of a TV star. - John's a good bastard. - But not a builder. - I've built the odd dog kennel. That's about it. I mean, I just accepted it was right. - Both McRaeway and John paid for reports for ways to remedy the problem - Just to be clear, you would accept any solution if it was gonna be effective. - Yes. I just want it fixed. - Oh, yes. - But he says, as he thinks it wasn't his job to get it right, he shouldn't have to pay the $200,000 or so it will cost. - I thought I'd employed professional people to do a professional job. - Their insurer won't help. - They're gonna accept liability for the stuff that should have been right from the word go. - John lawyered up in 2019, and all parties tried to reach a resolution. But for several months last year, communications dried up. - Not responded. And I just find that arrogant. They're just not responding. - A review from another customer suggests he shouldn't take it personally. - John's frustrated with spending so much on lawyers and reports. - 70K. (CHUCKLES) Still got no further ahead. - So he came to Fair Go. We made contact with McRaeway and the Council, and John then heard from them pretty much straight away. - With you sort of getting involved, and also my local councillor, we had a bit of action. - But still no full cover. How did you respond to that offer? - I didn't accept that. Because we'd already paid for a new house. It's not my mistake. Their mistake. - We know they disagree, so we were keen to understand why, and how it might be resolved. Did he get my email explaining why we were still keen to talk? But despite calls and emails over four months, I've had this. Either getting fobbed off or more recently, from the builders, no response at all. Despite the fact of signing off on an unstable, incorrectly positioned build, the Council's lawyers' final response to us was 'no comment'. Trouble is, with all the press officers and lawyers, it's really hard to cut through, but we're gonna give it one more go. I feel the ratepayers and constituents would all feel it's pretty important for a chief executive to stand up. They would want to hear, like, some responsibility taken and also to see that it's put right, so we'd like you to pass that message on. We put it in writing. Next stop ` McRaeway, to speak to Simon Cooper, the man in charge. But he just needs to explain why he built the house in the wrong place. - Nobody has explained anything to us. - Well, it's him that's giving the instructions. So no further comment from Simon Cooper of McRaeway. So, that's been four months now. Absolutely no explanation. And it's really hard for us to give balance to the story and to give him a right to reply if he won't take it. The Council's CEO did at least respond, saying... - We don't comment publicly on active negotiations, but remain hopeful the parties are able to reach an agreement. - (WHISTLES) - John just can't see how, given McRaeway and the Council say the contract holds him responsible for setting out the build site and complying with consents. - Going to have to take them to court. You know, I'm in my 70s. I mean, been a hell of a cost, you know, mentally. Yeah, I just think it's bloody poor that people just can't accept liability for something that they've caused. - All that money on lawyers, reports, surely better spent on just getting the problem fixed. - Indeed. It's a pretty distressing situation, so let's hope a resolution can be reached, and soon. E haere ake nei, coming up ` - Have they got a whole department of people just checking number plates? - The woman fighting to keep her own name on her number plate. And what we can now reveal about Kiwi lolly lovers. - Do you have a least favourite? - Kia ora. Nau mai, hoki mai ` welcome back. Now, remember our story about personalised plates that someone, somewhere deemed too rude for the road? - Well, after that story, we got emails from more peeved plate owners. But one truly stood out. - That's because her plate was simply her name. Garth's back at the wheel for this one. - 'KAREN' is a personalised plate. - It's my name. - Karen owns it. - It's my name for, what 70-odd years. I can't change that. - Karen is the latest to fall foul of a Waka Kotahi plate complaints process. - And the fact now that it means something else is really quite offensive to me, to be quite honest. - Apparently someone, somewhere wrote to NZTA saying... - I think the process is ridiculous. Why complain in the first place? That's all right. I hope they're happy. (LAUGHS) - Waka Kotahi gave Karen 10 days to write back justifying having her name on her plate for nearly 15 years. A staffer told her they could empathise with Karen and her frustration, but they now had to follow a process ` Up to three months for the Personalised Plate Review Group to decide whether it would cancel 'KAREN'. - How does it take two to three months to sort it, for heaven's sake? I'm not willing to wait that long, because it's upsetting me. And please don't call me a Karen, Cos I'm not... at all... a Karen. (SIGHS) I googled 'Karen'. What did it mean? Well, it's not very nice. But I'm not that Karen, and I love my car and my number plate. It's just a name. - A search of the stats shows in 1953 Karen would have been one of 312 newborn Karens registered with that spelling; by 1957, Karens were booming, at over 800 a year; by the '80s new Karens dipped into double-digit numbers; and by 2009, when Karen got 'KAREN', there were around a dozen new little Karens a year. So many questions. Is this name endangered? Should DoC step in to protect Karens from predation? No, I mean, that's ridiculous. That'd be a bit of a waste of money. And it's not even really what that government department is for. But how ridiculous is another agency's complaints process where they seem to show no discretion, treat every complaint as if it's worth spending months on, putting everyone through the mill, before hopefully agreeing there's nothing wrong with a plate like 'KAREN'. - Have they got a whole department of people just checking number plates? It seems the money could be spent somewhere else. - Waka Kotahi is still reviewing its process for plate complaints. They say there isn't a whole department handling those, just a few people, also doing other things too. And we know they all have a lot on their plates, so to speak. We've been chasing up another issue with black plates ` remember those? - I think black plates are a fantastic idea, and people should be able to have black plates. But the public have the right to be able to read those numbers at night-time. - Ross had spotted that the new black plates, authorised by NZTA and sold by KiwiPlates, appeared to disappear at certain angles. Fair Go found out that's a problem for speed cameras and petrol station security cameras and for police trying to note a passing plate with the naked eye. Waka Kotahi passed this back to police for testing, while still allowing the black plates to be sold. - Both the agencies have recognised that they have readability issues. So why are they still selling them? - With 48,000 already on the road, this looked like it could cost millions to fix if there had to be a recall. So, what a relief to hear now that won't be happening... - Existing plates will not be recalled. - Big savings. - As it's only in very specific conditions that they become unreadable. - Um, so there is a problem? - This is not a safety risk. - What? Waka Kotahi says further testing of black plates has confirmed that readability is an issue in specific conditions. - This issue can be rectified through upgrades to camera software and the introduction of an alternative black plate that provides better visibility. - OK. That sounds like positive progress, Garth, doesn't it? A bit disappointing that the existing plates that can't be read are still going to be out there, but at least if they can improve it from here on, that's something, isn't it? - NZTA also just issued new rules for how plates must be checked when you go for a warrant of fitness. But these don't include checking if the black plates are unreadable in some conditions. So you'll still see these on the road. Or will you? Here's an idea ` maybe NZTA should give Karen a 'KAREN' in black. That way it might not stand out so much for... whoever you are. - Karen, my mum's name is Karen, and I reckon it's about time there was a campaign to take the name back. - Yeah, Karens have been through enough for too long, haven't they? - Great news. NZTA has contacted us to say 'KAREN' will not be cancelled ` that plate is safe. - And they've apologised for not catching this one quicker. Karen is just glad for some common sense at last. - And speaking of sense, Pippa's got the latest in consumer headlines, starting with some advice this Easter. (RELAXED MUSIC) - This probably isn't news to you, but the temperatures, they are a-dropping. So a reminder if you're thinking of cranking up your fire to make sure you get your chimney swept regularly. You'll also protect yourself of running foul of your insurance, because a chimney fire won't necessarily be covered if you haven't stayed on top of maintenance. Speaking of heating, now's a really good time to give the filters in your heat pump a clean. In fact, our friends at Consumer NZ suggest spending a few hours over the Easter break giving all the filters in your house a clean ` we're talking about dishwasher, washing machine, drier, vacuum cleaner. When did Easter egg hunts turn into filter cleaning? Kids, this is why you shouldn't be in a hurry to grow up. And finally, this could be good news if you love the idea of a shorter working week. In the UK, 61 companies had trialled a four-day week just to see if it could actually work. It's now been a year since the end of the trial, and 90% of those companies are still allowing staff to work that four-day week. Must be something in it. Mmm! - Wow! I know Easter means different things for different people, but heat pump filters? That's a new one. - I know, and I'm really sorry, Kaity, but I have to tell you that I'm really excited about all my clean filters. E haere ake nei, coming up ` the results of our deep dive into the lolly bag. - But definitely the best one, I reckon, is the egg one. - It's usually the blue one, so just grabbed it. - Kia ora. Nau mai, hoki mai ` welcome back. The next story started off sweetly but took a sour turn for Marie, who came to us when her toffee mixture wasn't as mixed as she would like. - This story called for someone with dedication, smart maths, and some good strong tooth enamel. It called for Pippa. - Fair Go research comes in many different forms... Malt. Egg & cream. ...and in this case, different flavours. Mint. All this was prompted after an email from Marie from Waikanae, saying... That doesn't sound right. We thought we'd better get in touch with RJ's, the makers of Mackintosh's here in Aotearoa. But before that, another line from Marie's email got our attention. That is a tough call. We felt quite aggrieved for all the coconut toffee lovers. I mean, is this really the worst flavour? It was time for a different type of research. All right, do you have a favourite Mackintosh's toffee? - Definitely the best one, I reckon, is the egg one. - It's usually the blue one, so just grabbed it. - Malt would be my first choice. - What have you gone for? - Toffee de luxe. - Any reason you've chosen that one? - Because it's my favourite of the Mackintosh toffees. - Is it really? And do you have a least favourite? - Um, the coconut one. - Oh, yes. - I suspect the coconut issue might also be something to do with the texture, because desiccated coconut has that slightly gritty texture, and I think that you get that in the sweets as well. So when you've got smooth toffee with little bits of gritty texture in it, I suspect that might be part of the reason that people don't like it, as well as the flavour. Yeah. - Sarah Tuck from Dish Magazine knows all about flavour. - There's kind of five flavours that we can taste, and that's sweet, sour, salty, bitter and umami, which is kind of like a savoury flavour, like mushrooms. So, as babies, basically we're more inclined or generally predisposed to like sweet flavours, which means something's safe to eat and has glucose. And we're predisposed not to like sour or bitter, which are more likely to be poisonous, so, generally speaking, most people have a little bit of a sweet tooth. - And hundreds of you admitted to having that sweet tooth when we popped up a straw poll on Facebook asking for your toffee likes and dislikes. And yes, coconut came out top of the least favourite favour, by quite a margin, with 41% of you saying it'd be your last pick. But get this. Coconut also took out third place as the favourite flavour, behind egg & cream and mint. What about Marie's coconut-heavy bag? Well, RJ's says... - Our toffees are sorted by a machine that can only identify weight, and not colour or flavour. And we do pop a warning on the packet saying we cannot guarantee all variants are in this bag. - Our small but lovingly conducted research indeed showed a pretty even distribution. But RJ's has a complimentary coupon for Marie. Here's hoping her replacement bag is light on the coconut. I can't go past an egg & cream. Now, I know you're not a toffee lover. You like chocolate. Which has been good, cos I haven't had to share them with her. Right, that's it from us. But if you only caught part of the show, you can catch our stories on the Fair Go page on TVNZ+ and on YouTube. - That's right. Our programme is all about you, so do get in touch. - You can find us on social media, email us ` fairgo@tvnz.co.nz ` write to us ` PO Box 3819, Auckland 1140. - Thanks for watching. And thank you for your ongoing support. We read every one of these messages ` seriously. And it really does mean a lot. - It does. We are off air next week for Easter, but we will see you again on April the 8th. Until next time... - BOTH: Pomarie.