CAPTIONS WERE MADE WITH THE SUPPORT OF NZ ON AIR. * Tonight ` he lives a life of pain. It's like someone was trying to pull my brain out my nose. But an honest mistake has added to his suffering. I did fill it out to the best of my ability. The insurance company could have made this a whole lot easier. This is a case of insurance going bad ` really bad. It makes me distrust insurance companies full stop. And ` unearthing trouble. So, this is where they found the problem? Correct. Which is? Charcoal, glass and concrete. Sounds harmless, but it really is a costly problem. It's either smile or cry about this, really. (SNIFFLES) Mm. Plus ` outdoor furniture that can't get wet? Oh, what the heck? If you can't put outdoor furniture outdoors, what's the point? Copyright Able 2018. Kia ora. Welcome to the show. How much should an honest mistake cost you? Can you remember every single medical test you've had in your life? If you can't and you've taken out income-protection insurance, the consequences can be disastrous. Here's Hannah. Shane Laker struggles every day with pain that's off the charts. It's... an intense pain in my head, like someone was trying to pull my brain out my nose. His daily doses of painkillers allow him to function, just. I was in bed for 20 hours a day. The cause, a rare nerve disorder ` trigeminal neuralgia. He'd talk about it, 'It feels like someone's drilling a screwdriver into my temple.' And the next day he would say, 'It feels like my head's full of oil. It feels like my face is bleeding.' His sister, Wendy, has watched him struggle. Shane hasn't had a pain free day for 12 months. Shane's not angry about his condition. I'm still here. (LAUGHS) Yeah, yeah, life's good, and we carry on, so... We're are all so grateful that he's so strong. Cos every time I ask him, and it's not very often, but he says, 'I'm all right.' He says, 'I'm angry, but I'm not gonna do anything stupid.' What Shane and Wendy are angry about is the way he's been dealt with by his insurance company, Partners Life. The insurance company could've made this a whole lot easier. Shane's been denied income cover because he failed to tell his insurer about several conditions, including sleep apnoea. It's not fair. It's rubbish. And I don't... And it makes me distrust insurance companies full stop. Go back four years to when Shane took out his income-protection plan ` he was the co-owner of a flooring business and the sole breadwinner of the family. In the unlikely event that something happened, it was just for peace of mind. The application form ` 32 pages of it ` asked for an incredible amount of medical detail. I did fill it out,... to the best of my ability, honestly. Then Shane became ill. At first, his symptoms were a mystery. I didn't know what was wrong. And it was all random. I got told more than once that it was in my head. It took some months to get a diagnosis. Shane's had one surgery to try to ease the pain. He needs a further two. I'm scheduled for surgery on my spine soon. With Shane was so ill, it was Wendy who dealt with the insurers first, trying to explain why Shane has also failed to tell them he'd had high blood pressure and high cholesterol. He wasn't on medication for either of those. It was not significant to me. I didn't have it. I don't remember it. As for the sleep apnoea, Shane says this was a snoring issue, fixed with a night-time mouthguard. Mild sleep apnoea that I have been diagnosed with is totally irrelevant. It's not significant. I don't know ` I think it's not something I would write down. It's obviously of some concern to them. And Partners Life have told us... We are not allowed to go fishing for health information, except where a client mentions something in their application which requires more detail, but we can obtain medical histories at claim time to validate what the client disclosed in their original application. In cases of non-disclosure, we can either make no change to the policy, change the premium, exclude the condition from cover or decline the cover entirely, as happened in Shane's case, because the combination of obstructive sleep apnoea, abnormal cholesterol and high blood pressure readings would have made Shane too risky to insure. Absolutely hard to believe. They should, and I believe they would've just loaded his premiums. Unfortunately, like, you can't prove otherwise. Wendy took the case to the ombudsman. Once again, totally thought that common sense would prevail. But... The ombudsman has supported our decision as reasonable and in line with prudent underwriting practice. Since it makes no difference to insurers whether the non-disclosure is accidental, a mistake, let's look at how easy it is to make that mistake. Shane's application form ` 32 pages asking for everything, everything to do with Shane's health going back years ` are you currently suffering from or have you ever suffered from or treatment for high blood pressure, high cholesterol, kidney disease or disorder, liver disease or disorder, prostate, breast, gastro-intestinal, skin, thyroid, blood diseases, varicose veins, haemorrhoids, muscle or tendon injury. You get the picture. In fact, the only thing Shane didn't have to remember was any colds, flu and contraception. We feel like they just found a loophole. But the insurers say... The application form is in plain English with short, easy to understand questions. And it's information any client could be reasonably expected to know. We can't allow clients to get payouts they're not entitled to, so we can't accept 'I forgot' or 'I didn't think it was important' as valid reasons for non-disclosure. Unable to work, Shane has now been forced to sell his business. And with the help of his son, Reece, and daughter, Renee, he's packing up his household goods and selling the family home. The fact that we've had no income certainly doesn't help. Yeah, get a hot one for the curry. We need something with a bit of... All this has left Shane high and dry, but he's somehow remained amazingly stoic. I'm really hoping that,... well, I'm... just gonna continue to get better and better. And, I mean, it's... it is what it is, and there's a whole lot of people are a whole lot worse. These two want change. They want the insurance companies to investigate the medical records at application time, and then they can decide what's important and what isn't. I have no problem at all to give them access to my records and to pay a fair and reflective premium ` that's fine. Not this rubbish. They want to share what have been pretty hard lessons. It must be happening to other New Zealanders, as we speak. And if they're not young enough to fight or they don't have the support, God knows how they would cope. Mm. It's hideous. I'm fortunate to be here and be able to talk about it and do something about it. For me, this is a positive step. Thank you. Mm. Gosh. That's an amazing family, isn't it, given everything that they are dealing with. Look, next week we talk to Consumer Affairs minister Kris Faafoi. He is keen to see the very law changes Shane and Wendy are asking for. And if you've had a similar experience with being denied insurance, we are very keen to hear from you. Yes. Coming up after the break ` do you know what lurks beneath your lawn? So, this is where they found the problem? Correct. Which is? Charcoal, glass and concrete. Sounds harmless, but it's enough to turn their slice of paradise into a money pit. It's either smile or cry about this, really. (SNIFFLES) Mm. And from our 'strange, but true' file ` It just kept rusting. Outdoor furniture that can't get wet. Oh, what the heck? If you can't put outdoor furniture outdoors, what's the point? What I love about Nova is we make getting great value easy. Ashley, you're right. We're more than just Dawn Ocking and... ...Pam Flets! When people call us, we make their Bill! Easy. We make it easy to Joy Nup. Whether it's April, May, June... ...or the first... ...Dave Spring. So when you need energy to cook Stu! Mo. ...the lawn or manufacture... Polly! Esther. Socks. Great value made easy is our priority number... BOTH: Juan! Welcome back. If you're in the market for a section, it pays to dig deep and really do your research. Every year ` and please note this is a conservative estimate ` we turn a thousand rugby fields of farmland into suburbia. Wow. That is a lot of sections. But before you invest in a little slice of paradise, You might wanna check what lurks beneath the topsoil. Here's Garth. (PLAYFUL MUSIC) Come on, Neill. Sheree and Ryan Brinch have a furry family. Hello. That's good. Neill is the new boy, and this grand old man is Toki. He's 17. He's very much Ryan's cat. He sorta pines for him when he's not here. I am a bit of a softie when it comes to the cats. Number three, Larry, has already vanished. He's a bit shy. They were poor homeless animals, and we can give them a good home. But this is not the Brinches forever home; they want to build that themselves to an exacting and crucial standard. It would have to pass the kitty-cat squish-ability test. (LAUGHS) So that's somewhere safe and quiet, a place like this ` just like this. This is the section they bought, farmland subdivided about 12 years ago at the edge of Christchurch. It's pretty good. (CHUCKLES) Yeah. Others were already building their dreams here, and they were building big. The Brinches could see themselves fitting in nicely one day. That would be the three-car garage. Three-car garage? Most importantly for the mountain bikes. Ryan and Sheree had honed every detail of their grand design, from that three-car garage to the all-day sun and view of the alps, on paper. But the real thing has to rest on a firm foundation on good ground. And when the engineers poked and tested to finalise the plans, what they found did not look good at all. So, this is where they found the problem? Correct. Which is? Charcoal, glass and concrete. How much? We don't know. Why not? Because we have to excavate. But you don't wanna excavate? Well, the problem is if we excavate, we don't know what else we're gonna find. There could be a treasure chest buried there. You never know. That's not our luck ` I don't know if you've picked that up yet (!) (BOTH LAUGH) The adverse finding meant everything ground to a halt ` galling when they'd already waited for six years while building costs calmed down after the earthquakes. You either smile or cry about this, really. (SNIFFLES) Mm. Sheree is close to tears, and Ryan is thinking the worst about what could be buried there. It's better for us to leave it untouched until such time as we've got either the funds or someone's willing to come and give us a hand and, sort of, help us solve this problem. The initial Geotech report showed buried topsoil and, in one spot, what looks like building waste where none should be, according to the council property files ` shaky ground, but not toxic, so are they just panicking? Not necessarily. It's not that common, but it's common enough for us to have concern. We've seen a site that had hazardous chemicals in crushed 44-gallon drums in the ground, so... and car bodies and all sorts of things that, you know, made the whole thing unstable and unsafe. John Gray set up the Home Owners And Builders Association to help people just like the Brinches. He says the number one problem with buying a section... What is hidden under the ground. HOBANZ has found it can be very hard to prove who is responsible. The system is a little broken, but, you know, what we say is that it's, you know, buyer beware ` you know, purchasers need to do exhaustive due diligence. They need to understand the risks. Which means doing the research. This shows the state of the place under construction in 2006. You can still see building supplies piled up on or near the section. Soon after, another couple bought it and apparently did nothing with it or to it before onselling it. The Brinches felt confident buying this land ready to build on ` after all, there were no adverse reports on any council paperwork. But that should have provided no comfort whatsoever, according to HOBANZ. It is never going to be a guarantee that the land is actually fit to be built on. Sheree and Ryan had made house plans after buying their land. HOBANZ recommends you have an idea of what you want to build first and get a geotechnical report before you buy. It's like a good pre-purchase inspection on a house. Though it's likely to cost a lot more ` $5000-plus ` it's a lot cheaper that what it may now cost to investigate this and fix it. Could range anywhere from $5000 to $35,000, depending on what we find. Things are looking pretty bleak for Sheree and Ryan. They've already spent 15 grand trying to sort it out. (BEEP!) And it's going to take more than a metal detector to get to the bottom of this one. That sounds quite loud. What does that mean? But we have discovered something very important ` the development company is run by a very decent man. Straight away, he told us he'd never walk away from a problem. He doubts there was anything dodgy buried deliberately on the section, but he feels greatly for the Brinches. And while he denies any legal liability, he gave us a message to take back to them. And we're wasting no time to deliver it. They know we're coming, but they don't know why ` not yet. We've chosen not to name the developer, just tell you about his very generous offer. Left? Oh. If the Brinches pay for Geotech experts and council consents, like they'd have to anyway, the company will cover the costliest part ` the earthworks, up to $30,000 worth. (LAUGHS) Wow! (LAUGHS) That's just fantastic. (ALL LAUGH) We just wanted to be at point zero, as opposed to at point minus-20, if you know what I mean. (LAUGHS) BOTH: Yeah. So yeah, that's good. Oh my gosh. That's amazing. Thank you so much. (BOTH LAUGH) You're welcome to come in, you know. You're absolutely welcome to come in. (LAUGHS) It's been a close call, and they still don't know exactly what lies beneath, but at least they're no longer alone, digging themselves into a deeper hole. Hey, good on that developer. Yes. You know, too often, we do stories on this show where you have people with questionable business morals; it is nice to see someone stand up like that. It's refreshing. Coming up after the break ` what's the point in outdoor furniture that can't get wet? I thought, 'Wow.' It looked the part, but there was a problem. It just kept rusting. That is definitely not OK. If you can't put outdoor furniture outdoors, what's the point? And Kiwi generosity comes to the rescue of a couple all at sea. My wife and I are just in shock. But wait ` there's a twist. Oh no. (CHUCKLES) Fair Go's here ` I'll put them on to you. Welcome back. Kiwis love their outdoor living. And whether you're breakfasting al fresco... ...or maybe lounging by the pool ` I don't have a pool, by the way; wish I did... ...the last thing you wanna do is find you and your guests coated in rust stains. But it's a serious problem if you invest in outdoor furniture that can't get wet. Hmm. It came in a box ` a big box. I thought, 'Wow. It's just what I ordered.' Mark and Angele Lepper liked their outdoor furniture. You can definitely sit on it and enjoy your coffee and read. They paid $400 including transport. It seemed like a really good deal ` you know, powder-coated aluminium. Remember that word 'aluminium' ` it's important. It just looked the part, you know? They saw it on the Grab One website, in the sunshine by the beach. However, their reality was a little different. It's raining. I think we'd better head inside. Mark and Angele say the first time it rained, their outdoor furniture rusted and... It just kept rusting. ...it dripped down the chairs and on to their pavers. It's always going to look horrible, because the rust is running down the side. Angele got on the phone and her device. Grab One put her on to the company selling the furniture, Treasure Box. Their customer service rep replied. You heard right ` Treasure Box say their outdoor furniture could rust if it gets wet. You know, what the heck? If you can't put outdoor furniture outdoors, what's the point? So this is outdoor furniture, but it can't be kept outdoors ` it's gotta be kept indoors. Is it just then furniture? I'm not sure outdoor furniture indoors is really gonna work. Outdoor furniture indoors didn't seem to match the decor. We've got enough furniture in here already. (CHUCKLES) Luckily, Treasure Box had more advice. They suggested that I use a rust killer, and I thought, 'Really?' They're lucky than I'm handy and I can do this kind of thing. She says she spent hours coating her chairs with rust killer, and then not surprisingly, it rained again. I picked up one of the chairs, and the rust, you know, the rusty water just poured out all over the pavers. So she got back online. Treasure Box then offered a $30 refund. They also told her... Back outside, where there is oxygen, moisture and water, Mark was perplexed. It's supposed to be aluminium, and aluminium doesn't rust. It might corrode, but it doesn't rust. Angele was sure she was right. The frame is steel, and it's always gonna rust. Steel rust is brown; aluminium corrodes a white colour. So Angele went back again and got this response. READS: This item is constructed of rust-resistant powder-coated aluminium frame. Then they came back, and for some reason, they offered me $80. Angele then threatened Fair Go and the Commerce Commission. I just didn't think I was getting a fair go, and I was just getting really frustrated. Then another email arrived. They then offered her a $200 refund and some kind words. READS: Really appreciate how calm and considerate you have remained throughout this process. Yeah, well, they didn't see me, did they? (LAUGHS) Treasure Box is one of those bargain websites that litter the internet. They have no shop, no phone number, and when we checked, they were still advertising the outdoor furniture set as aluminium, when they admitted nearly two weeks ago it wasn't. (PHONE LINE RINGS) Luckily, we found in an email a phone number for Treasure Box's operations manager, Annie Zhou. We had many questions. How did you end up selling outdoor furniture that rusts when it rains? (LAUGHS) Annie went on to explain they believed the advice they got from their manufacturers. Hey, what's the difference between rust-resistant and rust-free? I'm a bit confused about that. Oh. I don't know. That's not rust-resistant ` that's still rusting, if you slow the rust. It's still rusting ` that's not rust-resistant. Cos it seems like you, kind of, sell the products first, and then ask questions later. That's no good. Annie says they are no longer selling the chairs and the listing has changed to say it's rust-resistant coated steel,... which Angele would obviously disagree with. A bit ridiculous, really. (PHONE RINGS) A few hours after Fair Go first emailed Treasure Box,... Hello, Angele speaking. ...Angele got another offer. She said that they would now offer me a full refund. Angele's now has $400 with which to buy new outdoor furniture, but given the forecast,... See what we can do before next summer comes. ...she may have plenty of time to choose wisely. Am I not wrong in thinking you need outdoor furniture at the moment? I do need outdoor furniture. Well, go for an Australian hardwood. It won't rust and it won't rot. Thank you, Haydo. Good advice. Look, before we go, we have to tip our hat to the generosity of Kiwis. Oh, yes. Now, last week's cruise story struck a chord with you guys at home also. It seems we weren't the only ones who thought bunks were a romantic kiss of death. Here's Gill. (TRIP HOP MUSIC) Josh and Jasmine were convinced they'd booked a queen bed on their cruise ` turned out it was bunks. I think it's absurd. Faced with this booking info, anyone we spoke to assumed they'd get a queen, definitely not two lots of bunks. I would have thought it was misleading. Pretty annoyed, because that's not what's advertised. So the couple were all at sea until... We had a generous offer from New Zealand Brokers North Canterbury, so I'm about to get them on the phone. And about to pull the couple away from work to take the call. P&O definitely haven't come to party, but these people have. Is that real? My wife and I are just in shock. Fair Go's here ` I'll put them on to you. (LAUGHS) Paul, I'm blown away at your generosity. That's just absolutely incredible. Yeah. Thank you so much. I can't believe that. What? So from now on, plain sailing. (GIGGLES) That's amazing. Yeah, I just can't believe it. Wow. Really thoughtful too. Like, from bunks to a double bed is obviously a big upgrade, but spending money ` it just warms up the atmosphere. That's very, very generous. And that is the show for tonight, but 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. Yes. We're on Facebook, or you can email us ` fairgo@tvnz.co.nz or write to us ` Private Bag 92038, Auckland 1142. Thanks for watching. We've gotta go do some shopping for outdoor furniture. We do. It's gonna be fun. Until next week, pomarie. Copyright Able 2018.