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Speaker 1: You're listening to the Resident build Up podcast with Peter

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Speaker 1: Wolfcamp from News Talks at Bay.

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Speaker 2: Even when the dog is too old to bar, and.

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Speaker 3: When you're sitting at the table trying not to start,

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Speaker 3: the house scissor home, even when Wilma band gone, even

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Speaker 3: when you're there alone, ale house is a hole, even

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Speaker 3: when those ghost even when you got around from the

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Speaker 3: ones you love your most, you scream, dose, broken plaints,

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Speaker 3: feeling from the wood locals wisper when they're going to

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Speaker 3: leave the neighbor. The house snizz a hole, even when

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Speaker 3: Wilba band, when you're loon.

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Speaker 2: And a very very good morning to you. Welcome along

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Speaker 2: to the Resident Builder on Sunday. That's with me people

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Speaker 2: wolf Camp, the Resident Builder, and this is the opportunity

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Speaker 2: to talk all things building and construction. So if you've

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Speaker 2: got a project that's underweight, it might be an ultration,

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Speaker 2: it might be a renovation, it might be an addition,

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Speaker 2: it might be a new build. It might just be

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Speaker 2: some good old fashioned maintenance that you're doing around your

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Speaker 2: place and you've got a question about it. Whether that's

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Speaker 2: around gosh, could be around the regulations, could be around

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Speaker 2: the products that you use. It could be around the

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Speaker 2: tools that you use and the gear that you need

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Speaker 2: to get the job done. It might be around the

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Speaker 2: like I say, the regulations, the contractors, the materials, whatever

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Speaker 2: it is that relates to building and construction and your place.

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Speaker 2: We can talk about it this morning on the program.

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Speaker 2: So a very good morning. Nice to be back in

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Speaker 2: the studio here in Auckland. If you were tuned in

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Speaker 2: last week, I was down and told on it, which

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Speaker 2: was fabulous and great to be broadcasting out of another studio.

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Speaker 2: Nice to be back in Auckland. A little bit of

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Speaker 2: a miserable day, and I'll see if we get some

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Speaker 2: more information about the power outage at Munga Fi. I

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Speaker 2: think it is where some three thousand houses without power

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Speaker 2: in the possibility of there being a small tornado. If

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Speaker 2: you know anything about that, feel free to give us

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Speaker 2: a little bit more detail. And I mean it is

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Speaker 2: days like this that you go ah, that's the reason

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Speaker 2: that I wander around and make sure that the drains

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Speaker 2: are clean and the spoutings working, and the downpipes are

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Speaker 2: actually connected to the storm water, and the windows have

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Speaker 2: got latches on them that keep them closed. If I

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Speaker 2: mentioned this the other day, I got a call from

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Speaker 2: a mate going, look, could you just do you have

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Speaker 2: any plywood? And it was a property that they look

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Speaker 2: after where with the high winds early in January, it

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Speaker 2: literally just popped the bifold doors open, smashed them to pieces,

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Speaker 2: glass all over the place and a great b opening

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Speaker 2: smack bang in the middle of the public holidays. So

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Speaker 2: you know, the little things often make a big difference.

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Speaker 2: And I tell a story often when I'm doing public

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Speaker 2: speaking about a window that fell out just because someone

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Speaker 2: had you know, like, oh, I must get round to that.

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Speaker 2: I must get round to that. I must get round

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Speaker 2: to it. So if you've got a job that you're thinking, gee,

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Speaker 2: I must get round to that. But I'm not quite

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Speaker 2: sure where to start. We can talk about that on

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Speaker 2: the program this morning as well. Oh, eight hundred eighty

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Speaker 2: ten eighty is the number. Nine two nine two is

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Speaker 2: the text if you'd like to send me a text,

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Speaker 2: just like Felicity just has, and if you'd like to

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Speaker 2: email me, that's a doable thing as well. That is

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Speaker 2: Pete atnewstalk zb dot co dot nz. A couple of

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Speaker 2: things coming up on the show today, prompted by a

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Speaker 2: conversation which I was really intrigued by. To be fair,

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Speaker 2: I'm intrigued by all of our conversations, but one stood

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Speaker 2: out to me from a couple of weeks ago where

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Speaker 2: a caller said, look, I bought a house, discovered that

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Speaker 2: there were some problems with the house, discover that the

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Speaker 2: previous owner knew about them but failed to declare them

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Speaker 2: in the sale and purchase, went through the disputes tribunal,

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Speaker 2: and got it might have been twenty or thirty thousand

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Speaker 2: dollars from the excuse me, from the vendor from the

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Speaker 2: previous owner of the property, some two years after the

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Speaker 2: sale and purchase. Now, that was a little bit intriguing

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Speaker 2: for me, and so during the course of this week,

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Speaker 2: I rang a guy that I've gone to for sort

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Speaker 2: of real estate advice on a number of occasions because

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Speaker 2: he's a real estate agent. He's a very good real

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Speaker 2: estate agent, Wayne McGuire. We had a bit of a

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Speaker 2: chat and I said, look, I think this is something

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Speaker 2: we could talk about on the radio. So he's coming

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Speaker 2: in just after eight o'clock this morning, Wayne McGuire, who

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Speaker 2: was a Ray White's real estate agent and agency owner,

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Speaker 2: to talk about exactly that. And it's really around there'll

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Speaker 2: be a whole lot of things we want to talk about,

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Speaker 2: but in particular, when you're going to sell a house,

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Speaker 2: what do you as the vendor need to declare because

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Speaker 2: it's there in the contracts and there's an opportunity. We

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Speaker 2: had some texts last week about this, where you know,

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Speaker 2: people were sort of like, well, if I don't know,

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Speaker 2: am I okay? If I genuinely don't know that there's

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Speaker 2: a problem with the house because I'm not a building expert.

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Speaker 2: I'm just a homeowner selling a house, you know, and

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Speaker 2: that becomes a problem later on. So we'll talk about

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Speaker 2: all of that subtlety around what you have to declare,

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Speaker 2: what you have to know, et cetera, et cetera, with

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Speaker 2: Wayne Maguire from Ray White's Realty at just after eight o'clock.

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Speaker 2: And to be fair, if you've got a text question

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Speaker 2: on that, feel free to fire them through and I'll

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Speaker 2: stack them up and we'll see if Wayne can deal

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Speaker 2: with a couple of those questions too. But we are

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Speaker 2: going to be very specific. It's really about what you

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Speaker 2: have to declare, what is reasonable that you should know,

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Speaker 2: and who determines that. So we'll talk about all of

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Speaker 2: those things after eight o'clock. But right now it is

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Speaker 2: your opportunity to talk all things building and construction. If

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Speaker 2: you're in the Upper North Island, it's a little bit

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Speaker 2: wet and wild. Not so much rain last night seemingly,

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Speaker 2: but a lot of wind. And when the rain did

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Speaker 2: come through. Had some friends who went off to opera

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Speaker 2: in the park out at Glover Park and Saint Helier's.

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Speaker 2: I think they got about halfway through that and then

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Speaker 2: the organizers said, look, it's just not practical and safe

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Speaker 2: to continue. So weather impacting our events. So yeah, and gosh,

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Speaker 2: I was watching too that storm that's rolling through Northern Ireland, Scotland,

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Speaker 2: parts of the UK, you know, watching roofs peel off buildings.

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Speaker 2: I was intrigued by one which looked like a relatively

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Speaker 2: new build, you know, lots of glass, lots of steel,

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Speaker 2: big overhang and the entire roof just got peeled off,

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Speaker 2: what like a reasonably new build. It's one of those

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Speaker 2: things as a contractor when you're there going why do

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Speaker 2: I have to put in all these brackets? Why do

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Speaker 2: I have to put in all these extra screws? Why

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Speaker 2: am I you know, out of da Well that's why

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Speaker 2: basically it stops stuff getting torn apart in extreme weather events,

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Speaker 2: which to be fair not so extreme these days, we're

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Speaker 2: getting them more and more. Eight hundred eighty ten eighty

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Speaker 2: is the number to call open line on all things

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Speaker 2: building and construction. Coming up fourteen minutes after six call

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Speaker 2: us now eight hundred eighty ten eighty. We'll come to

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Speaker 2: a couple of texts in just a moment, but if

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Speaker 2: you've a great time to call, we are going to

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Speaker 2: have a guest from eight o'clock, so it's going to

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Speaker 2: get a little bit busy. We're into the garden with

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Speaker 2: Redklin past. I've had a couple of correspondences with rud

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Speaker 2: over the last couple of days, mainly me sending him

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Speaker 2: pictures of myself, my wife and our son at Wingspan.

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Speaker 2: So we went there. If you were listening to Sean Sunday,

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Speaker 2: we were on our way down to Rotrue and then

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Speaker 2: one of the things we wanted to do there was

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Speaker 2: head out and a two wingspan, which we did on

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Speaker 2: the Monday, beautiful day there. As it happens, it was

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Speaker 2: actually closed, but Ennica, the manager came out she was

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Speaker 2: working anyway, opened the gates. We went in and had

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Speaker 2: some time with the falcons which are amazing and with

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Speaker 2: the little ruru and saw the work that they do

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Speaker 2: and the space that they're creating. It was absolutely fantastic.

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Speaker 2: And then I said what was I thinking about? Yes ah,

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Speaker 2: And then just by the bike, if you happen to

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Speaker 2: be watching the Block Australia like I am, and our

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Speaker 2: family is there, I was happily watching away looking at

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Speaker 2: out door week thinking oh, that's right, that's when I

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Speaker 2: was over there. This was back in May of last year.

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Speaker 2: I shot over for two nights, stayed at Phillip Island,

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Speaker 2: had a day and a bit of a day, and

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Speaker 2: the next day on site at the block and there

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Speaker 2: I am standing in the back of the shot. So

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Speaker 2: that was a bit of a laugh, rightiot, Let's get

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Speaker 2: into it. Oh eight hundred and eighty ten eighty is

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Speaker 2: the number to call. Texts come through morning peat. I've

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Speaker 2: got a nineteen twenties villa and one of the windows

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Speaker 2: has started to rot and the glass is slipping down.

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Speaker 2: It's the only one that has this problem. When it's fixed,

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Speaker 2: it has to match the rest of the house. A

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Speaker 2: woman in my early fifties, not sure how to start

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Speaker 2: about getting it fixed before winter. Many thanks, from Felicity.

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Speaker 2: Didn't send this last week, but hopefully the email with

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Speaker 2: the pictures will come through. Haven't seen it, but I'll

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Speaker 2: check that out in just a moment. I mean, it's

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Speaker 2: obviously a reasonable amount of decay in the window if

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Speaker 2: the glass is starting to slip out. So I'm thinking

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Speaker 2: that the mortise and tenin that holds in the bottom

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Speaker 2: rail of your in the sash has actually started to rot,

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Speaker 2: and that's dropping down, and then the glass is dropping down.

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Speaker 2: It might be possible just to remove the entire sash,

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Speaker 2: remove the rot, or cut out some of the rot,

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Speaker 2: fix a piece of tantalized timber into there, and kind

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Speaker 2: of just slide the glass back into place. Maybe you

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Speaker 2: have to do a little bit of reputtying and repair

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Speaker 2: it on site. It might be that it's that bad

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Speaker 2: that the entire sash needs replacing, in which case you're

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Speaker 2: better off going to a local joiner, a timber joiner

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Speaker 2: who specializes obviously in making timber joinery and wooden sashes.

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Speaker 2: They could remake a sash based on the one that

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Speaker 2: you've got. Then it's a question of getting someone to

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Speaker 2: come and hang it, which might be someone in the factory,

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Speaker 2: but often they've got exterior contractors, external contractors rather who

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Speaker 2: can come out and do that sort of work for you.

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Speaker 2: But it is quite the process because obviously the sash

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Speaker 2: is made, it needs to be primed, it needs to

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Speaker 2: be painted, possibly new glazing installed, hinges installed fitted, and

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Speaker 2: that can be quite a process, and then hardware reinstalled

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Speaker 2: and a top coat of paint applied to it. So

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Speaker 2: there's a little bit of work in that, but it

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Speaker 2: can be done. So I think the next porter call

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Speaker 2: is probably going to be a joiner or a good

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Speaker 2: what we call a jobbing carpenter. I don't know if

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Speaker 2: it's a common word anymore, but it's a sort of

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Speaker 2: carpenter that specializes in not so much odd jobs, but

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Speaker 2: just these small maintenance tasks and typically someone with a

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Speaker 2: bit of experience who might be able to do the

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Speaker 2: job on site. Take the sash out, make the repair,

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Speaker 2: fetch in a new piece of timber, put it all

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Speaker 2: back together again, give it a coat of paint. Job done,

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Speaker 2: replace the hinges, maybe redo the hardware. Job done. That's

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Speaker 2: what you need to do. Oh eight one hundred eighty

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Speaker 2: ten eighty this is the number to call. The text

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Speaker 2: from Shane. There's apparently some changes. The district plan in

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Speaker 2: Northland requires all driveways to be sealed for the restriction

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Speaker 2: of dust. Goodness me this now excludes permeable driveways like paving,

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Speaker 2: but that's permeable as a specifically designed to be permeable.

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Speaker 2: I presume one issue big flooding risk. Too many homes

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Speaker 2: with metal drives will now need to concrete a building

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Speaker 2: work consents on site are required for anything. Oh gosh,

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Speaker 2: I wonder if there's a limit as in the length

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Speaker 2: of it. And imagine if you're in a sort of

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Speaker 2: a more rural area. And I'm just thinking about a

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Speaker 2: place that we did many years ago where the driveway

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Speaker 2: would have been the better part of I don't know,

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Speaker 2: probably would have been close to one hundred meters long.

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Speaker 2: And I know eventually the owners did many years later

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Speaker 2: get it concreted, but for a long time it was

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Speaker 2: basically just metal. In fact, it was tailings that we

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Speaker 2: got from Ashveldt that we had run in and that

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Speaker 2: we could compact down. It actually bound together really quite well.

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Speaker 2: It was great for us when we were building the property,

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Speaker 2: but it lasted for a number of years after. So

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Speaker 2: gee that it's going to add a bit of expense.

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Speaker 2: It might be a good time to be a concrete

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Speaker 2: contractor in the far North. If you've got a comment,

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Speaker 2: eight hundred eighty ten eighty, it's the number to call.

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Speaker 2: It is coming up twenty three and a half minutes

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Speaker 2: after six. Again reminder, Wayne Maguire from Ray White's Realty

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Speaker 2: is going to join me in the studio just after

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Speaker 2: eight o'clock to talk about this really interesting idea or

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Speaker 2: not interesting it's I was really intrigued by the call

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Speaker 2: a couple of weeks ago where someone said, look, I've

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Speaker 2: managed to take essentially a case through the disputes tribunal

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Speaker 2: and have won some money twenty thousand dollars. I think

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Speaker 2: from memory from the previous owner of the house that

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Speaker 2: we've just purchased because they failed to declare in their

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Speaker 2: sale and purchase agreement's something that we could prove that

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Speaker 2: they knew about in terms of a building defects. So

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Speaker 2: we're going to talk about sale and purchase contracts, and

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Speaker 2: I guess what duty you might have as a vendor

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Speaker 2: to declare information about the house, particularly if there might

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Speaker 2: have been an issue. And I'll make a little note.

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Speaker 2: I had the most glory this day of puttering yesterday,

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Speaker 2: it was. It was. It was a spectacularly happy day

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Speaker 2: for me puttering. I'm going to write down the list

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Speaker 2: of all of the little jobs that I got done,

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Speaker 2: and you will be amazed. I was amazed when I

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Speaker 2: finally wrapped up at about six thirty last night. It was

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Speaker 2: a fabulous day. Anyway, we'll talk about puttering but later

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Speaker 2: on the show. Oh wait, one hundred eighty ten eighty

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Speaker 2: the number to call Andrea A very good morning to you.

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Speaker 4: Good morning, Pete, Good morning Kate. I had a new

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Speaker 4: build built next to my home, Yes, And when the contractors,

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Speaker 4: the concrete guys came in to labor concrete, the degas

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Speaker 4: hit my seeds in two or three paces, yes, And

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Speaker 4: I spoke to one of them and said to her that, oh,

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Speaker 4: you've just popped my seeds, and he said I'll come

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Speaker 4: over and see. He never returned at all, so I've

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Speaker 4: got photos that never think of it. But anyhow, the

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Speaker 4: owner at the time was away overseas, and since he's

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Speaker 4: come back, I spoken to him. So they builders that

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Speaker 4: the actual builders came back and nailed one piece of

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Speaker 4: iron on it right, touched the ravings or any sake

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Speaker 4: they are the bottom railings, most of them. With the

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Speaker 4: owner and I spoke, he said, Oh, I'm just so

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Speaker 4: sick of the whole lot. I just wanted to get

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Speaker 4: rid of it all. I don't want to have anything

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Speaker 4: to do with them. So what do I do? As

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Speaker 4: the owners on the concrete people?

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Speaker 2: Well, yeah, I mean, look, I guess there's a kind

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Speaker 2: of like a hierarchy, isn't it. There's the person that

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Speaker 2: did the damage, which might be the individual contractor. If

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Speaker 2: they kind of can't be bothered, then you would go

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Speaker 2: to the person that paid the bills for that contractor,

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Speaker 2: which is probably the owner of the property. And even

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Speaker 2: if the owner of the property is now sick of

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Speaker 2: the contractors, and to be fair, that's not uncommon, they

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Speaker 2: still have a responsibility, I would have thought. And even

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Speaker 2: if they're sick of the contractors, doesn't mean that they

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Speaker 2: can absolve themselves in my mind, of their responsibility. So

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Speaker 2: I think, if you've got photographs of the damage, do

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Speaker 2: you have, by any chance photographs of the fence in

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Speaker 2: its original state?

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Speaker 4: No, that you can compare it to No. I mean

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Speaker 4: that the fence is about twenty five years but I

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Speaker 4: mean it's iron, and there was nothing wrong with it before,

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Speaker 4: so you know, I just because it's not to see

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Speaker 4: that I've got to be worrying because of the railings

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Speaker 4: all my side of course.

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Speaker 2: Yeah, where it gets really difficult is enforcing it, right.

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Speaker 2: You know, I think it's quite clear that the person

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Speaker 2: has a responsibility probably legal but more import moral responsibility

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Speaker 2: to repair damage.

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Speaker 5: Right.

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Speaker 2: You cause the damage, you fix it, and you know,

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Speaker 2: to be you might even end up just writing to

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Speaker 2: them and saying, look, I understand that you don't want

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Speaker 2: anything to do with it. I've had an estimate from

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Speaker 2: a local builder to repair it. It's going to be

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Speaker 2: five hundred bucks. Please pay that and that's the end

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Speaker 2: of it. And you know, if they were the owner

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Speaker 2: of the property, they'd probably accept that and just go look,

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Speaker 2: I just need to get this gone. But you know,

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Speaker 2: if they don't reply, if they're not civic, I suppose

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Speaker 2: they're in their approach. The really hard thing is how

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Speaker 2: do you enforce it? Do you make a claim for

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Speaker 2: damages through the disputes tribunal And chances are what would

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Speaker 2: happen is you could go to the dispute tribunal say

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Speaker 2: that look, i've had this dispute with my neighbor who's

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Speaker 2: unwilling to make reparations for the damage that they've caused.

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Speaker 2: You'll get a date, you'll turn up, they won't turn up.

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Speaker 2: The referee at the disp tried to bunal will find

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Speaker 2: in your favor, which they typically do if somebody doesn't

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Speaker 2: turn up. And then but then you've got something that

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Speaker 2: you can enforce through the district court, right, and that's

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Speaker 2: quite useful. So I think if if you can't convince

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Speaker 2: the person to do the right thing, then dispute tribunal

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Speaker 2: is probably where you want to go.

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Speaker 4: Right, so you think that the best thing would be

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Speaker 4: better to best to get a contractor and then give

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Speaker 4: me an estimation about it.

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Speaker 2: I think that'd be a really good way of doing

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Speaker 2: it as well. You know, that's that's if you know

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Speaker 2: someone and they're okay to just pop out and say, okay, well,

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Speaker 2: look there's three rails that are broken that you know,

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Speaker 2: there's this much material. It's going to take me a

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Speaker 2: couple of hours to do. Here's an estimate for the repair.

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Speaker 2: And then you can go to the owner of the property.

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Speaker 2: Has the owner of the property sold the property, Have

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Speaker 2: they done it as a development?

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Speaker 4: No? No, right? So damaged.

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Speaker 2: Actually, but the house that's been built next year, is

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Speaker 2: it just one house or is it several houses? Just

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Speaker 2: one house? So the person that got the builders in

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Speaker 2: is the person who's going to live in the house.

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Speaker 2: They're going to become your neighbor. Okay, should make it

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Speaker 2: a bit easier. I mean you'd think that, you know,

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Speaker 2: if you're going to be neighbors, they'd want to do

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Speaker 2: the right thing.

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Speaker 4: But yeah, well he wasn't a nasty or anything about it.

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Speaker 4: He just sort of said he was sick of all

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Speaker 4: the things.

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Speaker 1: That have got wrong, I know.

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Speaker 2: But to be blunt, that's his problem, not yours, true,

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Speaker 2: you know what I mean. Like, you know, almost all

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Speaker 2: clients are sick of their builders by the time we've

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Speaker 2: got to the end of the project, right, you know,

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Speaker 2: they just they love us when we arrive, but by

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Speaker 2: the time it's finished, it's like, I'm really pleased to

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Speaker 2: see the back of you, if we're really honest.

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Speaker 4: Yeah, I thought of one that sort of to be

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Speaker 4: on the project manager, you know, the builders that got

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Speaker 4: in these contractors, because he didn't even know the name

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Speaker 4: of them. I know the name of them. I saw it.

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Speaker 4: Love the truck. But yeah, so he wasn't aware of the.

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Speaker 2: Way I'd see it is that ultimately, the way that

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Speaker 2: I would see it, Andrea, is that ultimately the person

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Speaker 2: who's paying the bills is kind of responsible. You know that.

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Speaker 6: That.

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Speaker 2: Yeah, That's how i'd see it. Good luck with that, hopefully.

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Speaker 2: But maybe getting an estimate's a good idea. Give an estimate.

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Speaker 2: Go to your neighbor, Hey, this is what it's going

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Speaker 2: to cost. If you can contribute to it, then we'll

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Speaker 2: just get it done. It's it's over. Otherwise I am

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Speaker 2: going to go the dispute trouble.

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Speaker 4: Thank you very much.

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Speaker 2: Alrighty, all the very best to you. Take care. It's

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Speaker 2: a tricky one. I'll tell you. What is absolutely worthwhile

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Speaker 2: is if there is going to be you know, there's well,

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Speaker 2: intensifications kind of slowed down in most urban areas because

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Speaker 2: the developers have kind of got out of the market.

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Speaker 2: But I have noticed in the last little while that

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Speaker 2: development sites that have sat empty, we're starting to see

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Speaker 2: some activity. I saw a house getting pulled off a

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Speaker 2: site the other day. Obviously that's going to be a

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00:21:19,055 --> 00:21:22,495
Speaker 2: bunch of townhouses. If you're the neighbor and you know

384
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Speaker 2: that something's going to start happening next door. I would

385
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Speaker 2: go through and photograph the roadway, like the curb and

386
00:21:31,215 --> 00:21:33,975
Speaker 2: the driveways and that sort of thing. And if you've

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Speaker 2: got a shared fence or a retaining wall or something

388
00:21:36,935 --> 00:21:40,175
Speaker 2: like that, I would go through and photograph or video

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Speaker 2: all of that. And it's kind of we do it

390
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Speaker 2: sometimes where it's like a dereliction report. Right, this is

391
00:21:48,295 --> 00:21:52,055
Speaker 2: the state when you started building. If it is damaged

392
00:21:52,295 --> 00:21:56,295
Speaker 2: or affected in some way after you've finished your building,

393
00:21:56,415 --> 00:22:00,455
Speaker 2: then the contractor or the owner of the adjacent property

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00:22:00,495 --> 00:22:04,295
Speaker 2: should be responsible. And that's where having evidence I photographic evidence.

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Speaker 2: This is what my fence looked like before you guys

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00:22:07,055 --> 00:22:09,815
Speaker 2: started building next door. Now it doesn't because you've been

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Speaker 2: running trucks up and down there, or someone backed into it,

398
00:22:12,495 --> 00:22:15,255
Speaker 2: or in this instance got hit with a digger. I

399
00:22:15,335 --> 00:22:17,135
Speaker 2: did it a couple of well I didn't. Actually the

400
00:22:17,175 --> 00:22:22,455
Speaker 2: digger operator that I was using collected like a handrail

401
00:22:22,535 --> 00:22:27,655
Speaker 2: of an adjacent property. It was a while ago. We'd

402
00:22:27,695 --> 00:22:30,415
Speaker 2: run up and down that driveway I don't know, seventy

403
00:22:30,455 --> 00:22:34,055
Speaker 2: eighty hundred times, and almost at the end of the

404
00:22:34,175 --> 00:22:36,335
Speaker 2: day clipped it with the bucket on the way out.

405
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Speaker 2: So okay, I'll fix that. I didn't get onto it immediately.

406
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Speaker 2: I think I did it like a week later, but

407
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Speaker 2: that's what you would expect should happen. You may care

408
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Speaker 2: to comment. Oh eight hundred eighty ten eighty is the

409
00:22:48,215 --> 00:22:51,895
Speaker 2: number to call six thirty three here at News TALKSB Radio.

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00:22:51,935 --> 00:22:54,615
Speaker 2: You're with News Talks heb Pete wolf Camp resident builder

411
00:22:54,775 --> 00:22:57,815
Speaker 2: here right through till nine o'clock. We've got a guest

412
00:22:57,855 --> 00:23:00,575
Speaker 2: after eight o'clock we've got red Cline passed as always

413
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Speaker 2: from eight thirty. Looking forward to that and if you'd

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Speaker 2: like to join us, it'd be lovely. Oh eight hundred

415
00:23:05,775 --> 00:23:07,415
Speaker 2: eighty ten is the number to call.

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Speaker 5: Hello Martin, Good morning Peter. Long time, long time caller

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Speaker 5: and listener and enjoyed your program for a quite few years.

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Speaker 5: I've got a very major problem there. Last year I

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Speaker 5: subdivided my three thousand square meet of property into three sections.

420
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Speaker 5: But property was created with all the council's RMA services

421
00:23:31,935 --> 00:23:35,975
Speaker 5: and easements consented and signed off. And the council then

422
00:23:36,335 --> 00:23:39,895
Speaker 5: have consented for us to do earthworks to create a

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00:23:39,895 --> 00:23:44,215
Speaker 5: new building platform and get our ground structure reports to

424
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Speaker 5: build a new home. YEP, this straight after Christmas we

425
00:23:49,295 --> 00:23:54,255
Speaker 5: got the excavator in and started digging to find that

426
00:23:54,295 --> 00:23:59,415
Speaker 5: there's an illegal, non compliant sewage pipe running right through

427
00:23:59,415 --> 00:24:01,455
Speaker 5: the middle of my section right going to be right

428
00:24:01,455 --> 00:24:06,415
Speaker 5: through the middle of the new house right now. No

429
00:24:06,535 --> 00:24:11,935
Speaker 5: easements all that, you know, nothing on any of the paperwork.

430
00:24:12,335 --> 00:24:15,015
Speaker 5: And council have been in touch with counsel and they've

431
00:24:15,055 --> 00:24:16,695
Speaker 5: sort of just said it's a private matter and don't

432
00:24:16,695 --> 00:24:17,575
Speaker 5: wish to be involved.

433
00:24:17,655 --> 00:24:19,095
Speaker 2: Yeah, they'll say that's a civil matter.

434
00:24:19,335 --> 00:24:23,695
Speaker 5: Yeah, yes, yes, do you know.

435
00:24:23,695 --> 00:24:27,015
Speaker 2: We obviously we know where that pipe goes to and

436
00:24:27,095 --> 00:24:31,815
Speaker 2: which house will be affected. I'm guessing it's a knock

437
00:24:31,855 --> 00:24:34,415
Speaker 2: on the door. And hey, by the way, don't know

438
00:24:34,455 --> 00:24:38,215
Speaker 2: that you know, but your drainage runs through my property.

439
00:24:39,055 --> 00:24:41,935
Speaker 2: There's no consents for it. I'm building. I'm going to

440
00:24:42,015 --> 00:24:42,535
Speaker 2: rip it up.

441
00:24:44,295 --> 00:24:46,855
Speaker 5: They know all this, and I wrote them a seven

442
00:24:46,935 --> 00:24:49,935
Speaker 5: day letter, given them, you know, seven days to remove

443
00:24:50,775 --> 00:24:54,975
Speaker 5: said pipes. But they're all just sitting back nothing, nothing,

444
00:24:55,095 --> 00:25:00,175
Speaker 5: doing nothing, not wanting to put their hands in their pockets. Yeah,

445
00:25:01,135 --> 00:25:02,695
Speaker 5: bearing their heads in this end.

446
00:25:03,135 --> 00:25:06,135
Speaker 2: I guess I would probably go to your lawyer and go, look,

447
00:25:06,295 --> 00:25:09,935
Speaker 2: I rip that pipe out. Am I legally entitled to

448
00:25:10,015 --> 00:25:10,375
Speaker 2: do that?

449
00:25:10,975 --> 00:25:14,375
Speaker 5: And if I have been, I have been, and he's

450
00:25:14,415 --> 00:25:18,055
Speaker 5: told me because it's pre exesting, no I can't, but

451
00:25:19,135 --> 00:25:22,895
Speaker 5: a couple officials. There's a couple officials. There's no easements,

452
00:25:23,015 --> 00:25:27,175
Speaker 5: no written permission to ever have that quite there. And

453
00:25:27,415 --> 00:25:35,615
Speaker 5: this pipe, this property was originally borough council land. And

454
00:25:35,655 --> 00:25:38,855
Speaker 5: I'm sure if permission would ever given for that pipe

455
00:25:38,895 --> 00:25:42,415
Speaker 5: to go through their land, there would be some paper trail.

456
00:25:43,575 --> 00:25:46,335
Speaker 5: So it's no about any consentsal permission.

457
00:25:46,935 --> 00:25:52,575
Speaker 2: Yeah, no, not necessarily or even if there was originally permission.

458
00:25:53,135 --> 00:25:57,975
Speaker 2: I know his situation similar to this where let's say

459
00:25:57,975 --> 00:26:01,655
Speaker 2: there's three adjacent properties, right and and so you got

460
00:26:01,735 --> 00:26:06,255
Speaker 2: number one, two and three, number three there wastewater travels

461
00:26:06,375 --> 00:26:10,215
Speaker 2: across the backyard of number two, underneath the garage of

462
00:26:10,295 --> 00:26:13,815
Speaker 2: number three and finally gets into the council wastewater line

463
00:26:14,575 --> 00:26:16,215
Speaker 2: in an adjacent street.

464
00:26:16,415 --> 00:26:16,615
Speaker 5: Right.

465
00:26:18,175 --> 00:26:22,095
Speaker 2: And I've had a look at the gies. I've had

466
00:26:22,135 --> 00:26:24,935
Speaker 2: a look on all of the drainage plans. It doesn't

467
00:26:24,975 --> 00:26:32,175
Speaker 2: appear anywhere, but it's there, right. Yeah, And without it,

468
00:26:32,335 --> 00:26:37,655
Speaker 2: that house number three would literally not There is no

469
00:26:37,775 --> 00:26:41,295
Speaker 2: other practical solution. It's a very old one. You know,

470
00:26:41,375 --> 00:26:45,375
Speaker 2: this is an old area et cetera. And despite that,

471
00:26:45,535 --> 00:26:48,455
Speaker 2: and even though it doesn't appear on the plans, somewhere

472
00:26:48,495 --> 00:26:51,215
Speaker 2: along the line, it probably did get consent right back

473
00:26:51,215 --> 00:26:56,415
Speaker 2: in the day. So the fact that it doesn't appear

474
00:26:56,495 --> 00:27:01,055
Speaker 2: it doesn't necessarily make it illegal. I mean, if it

475
00:27:01,095 --> 00:27:03,735
Speaker 2: was something that was done recently, when we know we

476
00:27:03,775 --> 00:27:08,855
Speaker 2: should have had consents, maybe you'd feel differently about it. Shivers,

477
00:27:10,095 --> 00:27:11,055
Speaker 2: can you bridge it?

478
00:27:13,095 --> 00:27:15,415
Speaker 5: And then it comes right out the bank, straight through

479
00:27:15,415 --> 00:27:16,455
Speaker 5: the middle of the house.

480
00:27:18,375 --> 00:27:19,495
Speaker 2: I've done, and.

481
00:27:21,335 --> 00:27:23,975
Speaker 5: There's two two neighbors away. The neighbor beside me that

482
00:27:24,055 --> 00:27:28,015
Speaker 5: it comes through first before it ends my property. He

483
00:27:28,015 --> 00:27:30,975
Speaker 5: has given me permission to remove it. He doesn't want

484
00:27:31,015 --> 00:27:33,895
Speaker 5: to either. He doesn't you know, he's given me permission

485
00:27:34,015 --> 00:27:35,055
Speaker 5: to chop it off.

486
00:27:35,855 --> 00:27:36,135
Speaker 2: Hang on.

487
00:27:36,175 --> 00:27:43,295
Speaker 5: The neighbor heads, yeah, but it comes from the next neighbors, okay,

488
00:27:43,415 --> 00:27:45,495
Speaker 5: And the neighbor, the neighbor next door doesn't use it.

489
00:27:45,775 --> 00:27:50,775
Speaker 5: He's gone through through courts and got all of permissions

490
00:27:50,815 --> 00:27:54,215
Speaker 5: to run a new, complete, new saw line down you know,

491
00:27:54,255 --> 00:27:59,415
Speaker 5: down the roadway, and so he you know, I've got

492
00:27:59,415 --> 00:28:03,615
Speaker 5: my own services and easement told me signed and things off.

493
00:28:03,615 --> 00:28:07,815
Speaker 5: But he my next neighbor, he's going I had permission

494
00:28:07,815 --> 00:28:10,455
Speaker 5: from the courts to put in he's a new one

495
00:28:10,695 --> 00:28:14,215
Speaker 5: right down the roadway, but this one then comes from

496
00:28:14,775 --> 00:28:15,535
Speaker 5: probably above that.

497
00:28:15,855 --> 00:28:24,535
Speaker 2: Yeah, I'm with you, Yeah, yeah.

498
00:28:21,295 --> 00:28:22,415
Speaker 5: Yeah, I know it's very awkward.

499
00:28:22,895 --> 00:28:26,495
Speaker 2: Could could you dive because I think it's going to

500
00:28:26,535 --> 00:28:32,895
Speaker 2: be uh, I think wow. Tell you one of the

501
00:28:32,895 --> 00:28:37,295
Speaker 2: things that happened where because it's private drainage running through

502
00:28:37,335 --> 00:28:43,895
Speaker 2: an adjacent property, there is a process where counsel sort

503
00:28:43,895 --> 00:28:49,095
Speaker 2: of adopt it, right that because it effectively because private

504
00:28:49,135 --> 00:28:52,295
Speaker 2: drainage should really only be on the property that it

505
00:28:52,335 --> 00:28:55,855
Speaker 2: relates to, right and then when once it extends to

506
00:28:55,935 --> 00:29:03,935
Speaker 2: the boundary, it becomes public. So could you convince counsel

507
00:29:04,415 --> 00:29:08,655
Speaker 2: to take ownership of your of that pipe that runs

508
00:29:08,655 --> 00:29:14,775
Speaker 2: through your property and effectively through your neighbors? And then the.

509
00:29:17,815 --> 00:29:19,615
Speaker 5: Only way, the only way I can see for it,

510
00:29:19,695 --> 00:29:23,895
Speaker 5: I've got to just disconnect topic in the neighbors and

511
00:29:23,935 --> 00:29:27,935
Speaker 5: then then fight it and court, you know then, and

512
00:29:28,135 --> 00:29:31,255
Speaker 5: which could take years. And these these housess houses that

513
00:29:31,335 --> 00:29:34,255
Speaker 5: are affected are going to have no no.

514
00:29:34,295 --> 00:29:36,935
Speaker 2: Sewage or yeah, well that that's what going to work

515
00:29:36,935 --> 00:29:38,895
Speaker 2: for them for about a day and a half, isn't it?

516
00:29:38,935 --> 00:29:43,375
Speaker 2: Before you know this toilet stop flushing basically.

517
00:29:43,295 --> 00:29:47,215
Speaker 5: And then and then maybe councils and everyone will start moving.

518
00:29:47,295 --> 00:29:49,175
Speaker 5: But it's it's not a nice way to go.

519
00:29:49,695 --> 00:29:53,455
Speaker 2: No, it's not. I'm just thinking about the practical implication

520
00:29:53,535 --> 00:29:56,935
Speaker 2: of having this pipe running through where you want your

521
00:29:56,975 --> 00:30:00,495
Speaker 2: new building platform to be. Could you divert it and

522
00:30:00,535 --> 00:30:03,215
Speaker 2: then you can build where you want to build without

523
00:30:03,255 --> 00:30:05,415
Speaker 2: having a sewer pipe running underneath the house.

524
00:30:06,415 --> 00:30:12,615
Speaker 5: But it's a non compliant. It's it's one hundred mil surpi.

525
00:30:13,175 --> 00:30:15,495
Speaker 5: You know, feeding two houses now, I had to put

526
00:30:16,095 --> 00:30:18,895
Speaker 5: my two plub houses. I had to do all things

527
00:30:18,935 --> 00:30:22,215
Speaker 5: with one fifty mil. Yes, yes, it's a non consented

528
00:30:22,415 --> 00:30:24,655
Speaker 5: It's bit like when you do alterations to your house

529
00:30:25,135 --> 00:30:27,295
Speaker 5: and you know you sort of changed, you know, the

530
00:30:27,335 --> 00:30:30,615
Speaker 5: window structure or something. You've got a thing so illegally,

531
00:30:31,575 --> 00:30:33,775
Speaker 5: if I do that, it's illegal.

532
00:30:34,295 --> 00:30:34,975
Speaker 2: Yeah, I'm with you.

533
00:30:35,175 --> 00:30:36,695
Speaker 5: Yeah, it's not going to be.

534
00:30:37,215 --> 00:30:39,335
Speaker 2: If you were to divert it, and if you took

535
00:30:39,415 --> 00:30:41,815
Speaker 2: responsibility for it, you would have to comply with the

536
00:30:41,855 --> 00:30:44,655
Speaker 2: current regulations. And if that man's one hundred and fifty mil,

537
00:30:45,135 --> 00:30:46,615
Speaker 2: then suddenly you're putting in.

538
00:30:48,295 --> 00:30:51,295
Speaker 5: So you're talking hundred thousand dollars plus is what you're

539
00:30:51,335 --> 00:30:54,855
Speaker 5: talking could be Yeah, they have done I do. My

540
00:30:55,295 --> 00:30:58,055
Speaker 5: part was fifty thousand dollars for things, and you know

541
00:30:58,375 --> 00:31:01,375
Speaker 5: you're talking twice quite twice my distance.

542
00:31:01,735 --> 00:31:03,775
Speaker 2: What would be interesting is if you went back to

543
00:31:03,855 --> 00:31:06,895
Speaker 2: council and said, look, you've you know, I've I've complied

544
00:31:06,935 --> 00:31:09,775
Speaker 2: with all of the drainage requirements for my property right

545
00:31:10,015 --> 00:31:13,135
Speaker 2: and you've given consent for that. You've also given me

546
00:31:13,415 --> 00:31:16,975
Speaker 2: seemingly consent for the location of the new build. And

547
00:31:17,015 --> 00:31:20,695
Speaker 2: now I've discovered that there's a public drain or a

548
00:31:20,735 --> 00:31:25,855
Speaker 2: private train that runs through my land. What do they suggest?

549
00:31:26,775 --> 00:31:27,975
Speaker 2: They just go, we don't want to know.

550
00:31:29,295 --> 00:31:32,975
Speaker 5: Yes, these properties are all off a private mary road,

551
00:31:34,495 --> 00:31:37,375
Speaker 5: and the councils just close their eyes and shake their head.

552
00:31:37,415 --> 00:31:39,895
Speaker 5: I've talked to the council for a couple of years now,

553
00:31:40,135 --> 00:31:43,975
Speaker 5: head engineers, and they just close their eyes and what

554
00:31:44,775 --> 00:31:51,375
Speaker 5: they don't want themvolved there is been to the Maryland

555
00:31:51,375 --> 00:31:54,255
Speaker 5: courts and they've given permission for my neighbor to put

556
00:31:54,295 --> 00:31:57,095
Speaker 5: all the services down the LPE near the private road.

557
00:31:57,215 --> 00:32:00,935
Speaker 2: I presume too that given that you've had legal advice

558
00:32:01,015 --> 00:32:03,695
Speaker 2: from your own lawyer, and your lawyer is quite clear

559
00:32:03,735 --> 00:32:07,135
Speaker 2: and saying you don't have the right to just cut

560
00:32:07,175 --> 00:32:07,535
Speaker 2: it off.

561
00:32:08,575 --> 00:32:08,895
Speaker 7: Mhm.

562
00:32:10,015 --> 00:32:10,575
Speaker 2: Is that correct?

563
00:32:10,615 --> 00:32:14,335
Speaker 5: But yeah, but that's from that's that's that's coming from

564
00:32:14,375 --> 00:32:17,295
Speaker 5: two neighbors away. My neighbor next door who doesn't use

565
00:32:17,335 --> 00:32:19,535
Speaker 5: it just to be a section, doesn't use it, and

566
00:32:19,535 --> 00:32:21,815
Speaker 5: it says to create his own. It's quite heavy for

567
00:32:21,855 --> 00:32:26,815
Speaker 5: me to cut it off. So now who's my thing

568
00:32:26,855 --> 00:32:29,735
Speaker 5: from the where it starts or from where it enters

569
00:32:29,775 --> 00:32:38,935
Speaker 5: from where an inters. Yeah, I guess that might be

570
00:32:38,975 --> 00:32:41,375
Speaker 5: a bit complicated.

571
00:32:42,655 --> 00:32:44,535
Speaker 2: Hell, I don't I.

572
00:32:47,615 --> 00:32:49,375
Speaker 5: And the only way I see forward is for me

573
00:32:49,455 --> 00:32:51,815
Speaker 5: to cut it off and then then I will get

574
00:32:51,815 --> 00:32:57,055
Speaker 5: some action from thee.

575
00:33:00,895 --> 00:33:05,055
Speaker 2: An interesting one for our Well, we've had a couple

576
00:33:05,095 --> 00:33:07,375
Speaker 2: of We've got two lawyers that I call on on

577
00:33:07,415 --> 00:33:11,015
Speaker 2: the show, Mike Thornton, who does sort of construction law,

578
00:33:11,655 --> 00:33:19,975
Speaker 2: and then Ben Johnson, who does more property law. It's

579
00:33:20,015 --> 00:33:22,135
Speaker 2: no help to you, but that would be a great

580
00:33:22,215 --> 00:33:23,735
Speaker 2: question to ask them.

581
00:33:24,055 --> 00:33:26,015
Speaker 5: No, just last week and you had those ones with

582
00:33:26,135 --> 00:33:28,855
Speaker 5: the storm water, you know, ye damage well the neighbors

583
00:33:28,895 --> 00:33:36,135
Speaker 5: and that and yeah, I'll.

584
00:33:33,775 --> 00:33:38,855
Speaker 2: Tell you what someone's just text through. And it's interesting, morning, Pete.

585
00:33:38,895 --> 00:33:41,055
Speaker 2: The pre existing pipe will have to be moved by

586
00:33:41,055 --> 00:33:43,495
Speaker 2: the developer, which is effectively you. It's a cost of

587
00:33:43,535 --> 00:33:47,335
Speaker 2: the subdividing. Unlucky, but just one of those unseen costs

588
00:33:47,375 --> 00:33:49,855
Speaker 2: for developing. Sometimes you win, sometimes you lose. You just

589
00:33:49,895 --> 00:33:51,775
Speaker 2: have to take the good with the bad. That's from Tommy.

590
00:33:51,895 --> 00:33:55,295
Speaker 2: It sounds like Tommy probably is realistic and maybe it

591
00:33:55,415 --> 00:33:57,535
Speaker 2: is just going to be you're going to either have

592
00:33:57,615 --> 00:33:59,615
Speaker 2: to bridge it, so you're gonna have to redesign your

593
00:33:59,695 --> 00:34:05,415
Speaker 2: slab so that it's bridging, or you're going to have

594
00:34:05,535 --> 00:34:08,415
Speaker 2: to divert it and just decide which is the more

595
00:34:08,455 --> 00:34:12,575
Speaker 2: cost effective solution, or move the location of your house.

596
00:34:12,575 --> 00:34:14,015
Speaker 2: But that's not that easy.

597
00:34:14,655 --> 00:34:18,295
Speaker 5: No, no, of you looking right down unto the lake.

598
00:34:18,375 --> 00:34:19,135
Speaker 5: It's oh.

599
00:34:21,255 --> 00:34:27,575
Speaker 2: Yeah, it's an intriguing one. But I think it is

600
00:34:27,615 --> 00:34:29,855
Speaker 2: incredibly frustrating, isn't it When you go to counsel and

601
00:34:29,895 --> 00:34:31,535
Speaker 2: then the end they just go, we just don't know,

602
00:34:31,615 --> 00:34:33,935
Speaker 2: and you go like, you're the people that should.

603
00:34:33,775 --> 00:34:37,695
Speaker 5: Be and these neighbors are just buried the head and.

604
00:34:40,375 --> 00:34:43,855
Speaker 2: Wow, hey, I'm sorry that we can't come to a

605
00:34:43,895 --> 00:34:45,695
Speaker 2: conclusion on that, but I'd love to know where you

606
00:34:45,695 --> 00:34:46,575
Speaker 2: get to Please let.

607
00:34:46,575 --> 00:34:46,895
Speaker 5: Me know it.

608
00:34:47,855 --> 00:34:51,135
Speaker 2: Thank you very much, we'll take nice, take care then

609
00:34:52,295 --> 00:34:56,895
Speaker 2: far out, far out. That could be a mess. I

610
00:34:57,015 --> 00:35:00,375
Speaker 2: eight hundred eighty two. Oh, maybe an even bigger mess

611
00:35:00,375 --> 00:35:02,615
Speaker 2: if you just caps it. I wait, hundred eighty ten

612
00:35:02,655 --> 00:35:04,455
Speaker 2: eighty is the number to call. Six forty eight. Will

613
00:35:04,455 --> 00:35:06,855
Speaker 2: take a break, We'll be back with Rose and moment

614
00:35:07,095 --> 00:35:10,895
Speaker 2: you and new Stork se b actually just wrapping up,

615
00:35:10,975 --> 00:35:13,775
Speaker 2: hopefully bit of that conversation with Martin just a moment ago. Hey,

616
00:35:13,775 --> 00:35:16,815
Speaker 2: Pete pipe would have been built installed prior to nineteen

617
00:35:16,855 --> 00:35:19,775
Speaker 2: ninety one, so to be considered an existing situation under

618
00:35:19,775 --> 00:35:24,895
Speaker 2: the Building Act. Hence it is legally established. And that's

619
00:35:25,015 --> 00:35:28,375
Speaker 2: pretty much exactly the same situation as I'm aware of

620
00:35:28,455 --> 00:35:30,775
Speaker 2: where like I say, now you know house number one,

621
00:35:30,775 --> 00:35:33,175
Speaker 2: two and three all in a row. House Number three's

622
00:35:33,375 --> 00:35:37,775
Speaker 2: sewer travels across the backyard of two, through the backyard

623
00:35:37,815 --> 00:35:40,735
Speaker 2: effectively of number one, and out into the road. So

624
00:35:40,775 --> 00:35:44,575
Speaker 2: it's on a corner site. And yeah, nobody knew it

625
00:35:44,655 --> 00:35:48,855
Speaker 2: was there, but it is, and so obviously cutting it

626
00:35:49,095 --> 00:35:52,375
Speaker 2: is not really an option, as tempting as that might be. Oh,

627
00:35:52,415 --> 00:35:54,695
Speaker 2: eight hundred and eighty ten eighty is the number to call.

628
00:35:54,855 --> 00:35:58,255
Speaker 2: Haven't finished about my story about the puttering. I'm just

629
00:35:58,255 --> 00:36:00,415
Speaker 2: starting to write my list. It's a very long list

630
00:36:00,415 --> 00:36:03,015
Speaker 2: of jobs that I got done. Yes, that was awesome, Rose,

631
00:36:03,095 --> 00:36:04,815
Speaker 2: good evening or good morning to you.

632
00:36:07,615 --> 00:36:09,615
Speaker 8: I found myself in a bit of a side situation.

633
00:36:09,855 --> 00:36:14,455
Speaker 8: I applied for a council flood report, yes after the

634
00:36:14,455 --> 00:36:19,255
Speaker 8: twenty three floods, and I didn't expect anything. They came

635
00:36:19,295 --> 00:36:22,855
Speaker 8: back and notted me a buyout and so last thing

636
00:36:22,855 --> 00:36:27,495
Speaker 8: I wanted and I've just got choices. Is it possible

637
00:36:27,535 --> 00:36:29,975
Speaker 8: to raise a two story brick house?

638
00:36:32,735 --> 00:36:35,655
Speaker 2: Interesting that you mentioned this now because I had a

639
00:36:35,695 --> 00:36:40,775
Speaker 2: conversation with very good friends yesterday and they have had

640
00:36:41,455 --> 00:36:45,095
Speaker 2: similar things just in the last couple of weeks. And

641
00:36:45,135 --> 00:36:47,295
Speaker 2: this is Auckland Council. And I actually went to the

642
00:36:47,335 --> 00:36:52,015
Speaker 2: Auckland Council website yesterday and there's a large number of

643
00:36:52,015 --> 00:36:53,975
Speaker 2: houses that are going to be bought by council. Like

644
00:36:54,055 --> 00:36:58,335
Speaker 2: we're talking seven eight hundred houses through the Auckland area.

645
00:36:58,575 --> 00:36:59,655
Speaker 2: So can I presume that.

646
00:36:59,655 --> 00:37:03,975
Speaker 8: You're in Auckland use definitely I'm in one of those.

647
00:37:04,375 --> 00:37:08,615
Speaker 8: And whole streets have disappeared, you know, Yes, apparently.

648
00:37:08,335 --> 00:37:13,895
Speaker 2: Yeah it is, and so yeah, I am aware of it.

649
00:37:13,975 --> 00:37:20,695
Speaker 2: I see I, well, I don't know that if you

650
00:37:20,775 --> 00:37:23,215
Speaker 2: were to, because obviously you want to stay living where

651
00:37:23,255 --> 00:37:25,695
Speaker 2: you are, right, and what I'm doing.

652
00:37:25,815 --> 00:37:28,055
Speaker 8: It wasn't in one of the major areas, and no

653
00:37:28,095 --> 00:37:30,215
Speaker 8: one else in most street doesn't even apply it, So

654
00:37:30,295 --> 00:37:32,615
Speaker 8: wouldn't have applied if I'd realized it could lead to this.

655
00:37:32,735 --> 00:37:35,455
Speaker 8: But there were any mornings like that I applied to

656
00:37:35,735 --> 00:37:37,335
Speaker 8: I did it get out with drainage?

657
00:37:38,535 --> 00:37:39,455
Speaker 2: Right? Okay?

658
00:37:39,655 --> 00:37:41,895
Speaker 8: Pay unless your neighbors applied.

659
00:37:42,975 --> 00:37:47,295
Speaker 2: So in this now, and just to be clear, rose,

660
00:37:47,535 --> 00:37:51,495
Speaker 2: so in this instance here after the flooding, where obviously

661
00:37:51,615 --> 00:37:53,455
Speaker 2: did you have flooding inside your house?

662
00:37:54,775 --> 00:37:58,455
Speaker 8: Yes, it was a level about seven, right.

663
00:37:58,855 --> 00:38:03,335
Speaker 2: And so you made an application to counsel for assistance

664
00:38:03,375 --> 00:38:06,015
Speaker 2: I guess in terms of remediating drainage and the hope

665
00:38:06,015 --> 00:38:09,415
Speaker 2: that would solve it. And the council responses has been

666
00:38:09,415 --> 00:38:11,535
Speaker 2: to come back to you and go, we're going to

667
00:38:11,535 --> 00:38:12,175
Speaker 2: buy you out.

668
00:38:13,615 --> 00:38:17,975
Speaker 8: Yes, yes, right, And we realized it came from a

669
00:38:18,655 --> 00:38:21,455
Speaker 8: cad drain that hadn't been maintained and as soon as

670
00:38:21,495 --> 00:38:24,655
Speaker 8: they worked on it, it just immediately subsided.

671
00:38:24,415 --> 00:38:27,415
Speaker 5: Right, Okay, wouldn't get to bear the king.

672
00:38:28,215 --> 00:38:30,975
Speaker 2: Look, it does sound like you're probably going to need

673
00:38:31,095 --> 00:38:34,295
Speaker 2: some professional advice, you know, maybe from a lawyer who

674
00:38:34,335 --> 00:38:38,855
Speaker 2: can look at the the areas that counsel are going

675
00:38:38,855 --> 00:38:41,615
Speaker 2: to buy out. And if yours, you know, I guess

676
00:38:41,975 --> 00:38:44,295
Speaker 2: in your situation, if you're the only one like I

677
00:38:44,855 --> 00:38:48,535
Speaker 2: do completely understand counsel going you know what, we we

678
00:38:48,575 --> 00:38:50,855
Speaker 2: aren't We are not going to be able to fix

679
00:38:50,895 --> 00:38:53,895
Speaker 2: this problem in some areas. So our best solution is

680
00:38:53,935 --> 00:38:58,415
Speaker 2: to offer to buy people out right, But if that

681
00:38:58,455 --> 00:39:02,135
Speaker 2: would typically apply then to your neighbors, because that's illogical

682
00:39:02,175 --> 00:39:05,095
Speaker 2: that it's just you unless you're in a particular Well they.

683
00:39:04,935 --> 00:39:09,135
Speaker 8: Didn't apply, so nothing right and they still get insurance.

684
00:39:09,215 --> 00:39:13,735
Speaker 2: Well then I h yeah, that's going to be the

685
00:39:13,775 --> 00:39:14,575
Speaker 2: hard thing, isn't it.

686
00:39:16,615 --> 00:39:20,095
Speaker 8: I presume it's just the flooding and you can get fire. Another.

687
00:39:20,895 --> 00:39:23,695
Speaker 2: I wonder whether you may need to go to a planner.

688
00:39:23,975 --> 00:39:27,175
Speaker 2: And I'm sure that some planners town planners will have

689
00:39:27,295 --> 00:39:30,935
Speaker 2: become very familiar with this process now and go to

690
00:39:30,975 --> 00:39:33,735
Speaker 2: a planner, You're probably going to have to pay for

691
00:39:33,775 --> 00:39:37,415
Speaker 2: some professional advice and that they then would act on

692
00:39:37,455 --> 00:39:40,655
Speaker 2: your behalf to go back to counsel. And in this instance,

693
00:39:40,695 --> 00:39:43,535
Speaker 2: because your neighbors are not being brought out and simply

694
00:39:43,655 --> 00:39:47,215
Speaker 2: go Actually that that was not my intention. That while

695
00:39:47,255 --> 00:39:51,855
Speaker 2: there is a risk of inundation, it's it's infrequent, and

696
00:39:51,975 --> 00:39:56,735
Speaker 2: so I would, I mean, maybe even just withdraw your

697
00:39:56,735 --> 00:39:59,615
Speaker 2: application for any assistance back in the mo right, Oh,

698
00:39:59,655 --> 00:40:03,895
Speaker 2: good morning, welcome back. Sorry appalling broadcasting skills on my part,

699
00:40:04,015 --> 00:40:06,255
Speaker 2: just crashing into the news, but I was so captivated

700
00:40:06,415 --> 00:40:09,695
Speaker 2: by the conversation with Rose that I completely ignored all

701
00:40:09,695 --> 00:40:12,255
Speaker 2: the other stuff. Anyway, we will talk to Rose, wrap

702
00:40:12,335 --> 00:40:14,455
Speaker 2: up that conversation if you'd like to join us. Eight

703
00:40:14,575 --> 00:40:17,575
Speaker 2: hundred eighty ten eighty is the number to call a

704
00:40:17,615 --> 00:40:20,935
Speaker 2: couple of really big issues around development, which makes me

705
00:40:21,015 --> 00:40:22,775
Speaker 2: think that maybe it's time to get one of our

706
00:40:22,855 --> 00:40:25,055
Speaker 2: legal eagles back on the show as well in the

707
00:40:25,135 --> 00:40:27,775
Speaker 2: next couple of weeks, which we will do. Eight hundred

708
00:40:27,855 --> 00:40:31,695
Speaker 2: eighty ten eighty. We're taking your calls right now. Remember

709
00:40:31,775 --> 00:40:36,495
Speaker 2: after eight o'clock a guest I reached out to gentleman

710
00:40:36,535 --> 00:40:39,655
Speaker 2: by the name of Wayne McGuire, who is a Ray

711
00:40:39,695 --> 00:40:43,295
Speaker 2: Whites agent, has been an agency owner, so very familiar

712
00:40:43,375 --> 00:40:47,735
Speaker 2: with the I guess the laws and the requirement around

713
00:40:47,775 --> 00:40:50,735
Speaker 2: sale and purchase agreements, particularly after a conversation on this

714
00:40:50,855 --> 00:40:55,015
Speaker 2: show two weeks ago where someone talked about having taken

715
00:40:55,055 --> 00:40:58,415
Speaker 2: a successful case against a previous owner of the property,

716
00:40:58,455 --> 00:41:01,535
Speaker 2: the person they bought the house from, some two years

717
00:41:01,615 --> 00:41:05,495
Speaker 2: after the sale and purchase agreement was completed, because they

718
00:41:05,655 --> 00:41:09,615
Speaker 2: found that the person did not declare information that they

719
00:41:09,735 --> 00:41:14,175
Speaker 2: were fully aware of around some building defects sought redressed

720
00:41:14,175 --> 00:41:17,575
Speaker 2: through the dispute tribunal. Won that case and I think

721
00:41:17,615 --> 00:41:20,255
Speaker 2: it might have been twenty grand that they got. So

722
00:41:20,575 --> 00:41:22,975
Speaker 2: how does that work? What if you're going to sell

723
00:41:22,975 --> 00:41:25,655
Speaker 2: a house, what do you have to do as the

724
00:41:25,775 --> 00:41:28,175
Speaker 2: vendor in terms of disclosure. We'll be talking about that

725
00:41:28,455 --> 00:41:32,175
Speaker 2: with Wayne McGuire after eight o'clock. MEMBERD at eight thirty,

726
00:41:32,255 --> 00:41:34,815
Speaker 2: but right now we'll take your calls at eight hundred

727
00:41:34,815 --> 00:41:37,975
Speaker 2: and eighty ten eighty. Rose, thanks for staying with us

728
00:41:38,015 --> 00:41:38,575
Speaker 2: for a moment.

729
00:41:40,215 --> 00:41:43,815
Speaker 8: That's okay. I you suggested withdrawing that that wasn't an

730
00:41:43,815 --> 00:41:44,735
Speaker 8: option They want.

731
00:41:44,615 --> 00:41:45,135
Speaker 9: You to do that.

732
00:41:45,775 --> 00:41:51,095
Speaker 2: No, I think, gosh, it feels like you've let the

733
00:41:51,135 --> 00:41:53,695
Speaker 2: genie out of the bottle inadvertently and it's going to

734
00:41:53,735 --> 00:41:56,335
Speaker 2: be really hard to put it back in. I just

735
00:41:56,415 --> 00:42:01,255
Speaker 2: wonder whether because you are, you know, like if you

736
00:42:01,295 --> 00:42:03,895
Speaker 2: were in a street that was low lying and all

737
00:42:03,935 --> 00:42:06,895
Speaker 2: of your neighbors had had an offer from counsel to

738
00:42:06,895 --> 00:42:09,415
Speaker 2: buy them out, then I guess it's very hard to

739
00:42:09,855 --> 00:42:12,615
Speaker 2: push back against that right. But if you are the

740
00:42:12,655 --> 00:42:17,695
Speaker 2: only person that they have made that approach to, I

741
00:42:17,735 --> 00:42:20,695
Speaker 2: just feel that that gives you some hope in terms

742
00:42:20,695 --> 00:42:23,775
Speaker 2: of being able to negotiate with counsel. The hard thing

743
00:42:23,855 --> 00:42:27,775
Speaker 2: is it won't change, or it may not change, the

744
00:42:28,495 --> 00:42:31,655
Speaker 2: concerns around flooding that will be on the property file.

745
00:42:31,855 --> 00:42:34,375
Speaker 2: And you're right, will you be able to get insurance?

746
00:42:34,415 --> 00:42:38,895
Speaker 2: And if later on when you go to sell, you know,

747
00:42:39,375 --> 00:42:44,055
Speaker 2: would someone want to buy a house that they can't ensure? Possibly,

748
00:42:44,215 --> 00:42:45,895
Speaker 2: but not at market price.

749
00:42:47,575 --> 00:42:47,735
Speaker 8: No.

750
00:42:49,615 --> 00:42:53,815
Speaker 2: Look, I do wonder whether either through your lawyer or

751
00:42:53,815 --> 00:42:57,135
Speaker 2: through a property like a town planner, you could seek

752
00:42:57,215 --> 00:43:00,735
Speaker 2: some professional advice, someone who understands what the legislation is,

753
00:43:01,015 --> 00:43:04,695
Speaker 2: what the parameters of the council offer it is, and

754
00:43:04,735 --> 00:43:10,375
Speaker 2: whether or not there's an option for you to push

755
00:43:10,455 --> 00:43:13,375
Speaker 2: back and stay in the house. But it's not going

756
00:43:13,415 --> 00:43:15,415
Speaker 2: to change the fact that your house has now been

757
00:43:15,495 --> 00:43:18,615
Speaker 2: identified as obviously being in a flood zone.

758
00:43:18,935 --> 00:43:21,095
Speaker 8: No, I know that's true, and I just send all

759
00:43:21,095 --> 00:43:23,855
Speaker 8: the insurance money over two hundred thousand doing it up

760
00:43:23,895 --> 00:43:27,735
Speaker 8: and it's beautiful. Now it's just till I liked it. Yeah,

761
00:43:27,975 --> 00:43:31,495
Speaker 8: and that's wasted. If I think they give you that

762
00:43:31,735 --> 00:43:32,415
Speaker 8: money back.

763
00:43:33,015 --> 00:43:36,455
Speaker 2: I don't think so. Oh that's a really tricky one.

764
00:43:36,455 --> 00:43:36,655
Speaker 5: And I.

765
00:43:38,215 --> 00:43:40,255
Speaker 2: Hopefully you can take some consolation by the fact that

766
00:43:40,335 --> 00:43:44,335
Speaker 2: you're not alone. There will literally I'm aware having looked

767
00:43:44,335 --> 00:43:49,335
Speaker 2: at the website yesterday, that many several hundred Auckland property

768
00:43:49,375 --> 00:43:51,375
Speaker 2: owners will be in exactly the same situation.

769
00:43:52,775 --> 00:43:54,775
Speaker 8: Yes, I think they are just not in this area.

770
00:43:55,095 --> 00:43:57,815
Speaker 2: No, that's right, Good luck with that. But I think

771
00:43:57,895 --> 00:44:00,135
Speaker 2: professional advice from a town planner might be the go.

772
00:44:02,015 --> 00:44:05,215
Speaker 8: Nice to talk. It's not practical to raise the house.

773
00:44:05,055 --> 00:44:07,895
Speaker 2: As their own, well I guess it would be. And

774
00:44:07,935 --> 00:44:11,735
Speaker 2: that's a sensible flood prevention issue. So you know, if

775
00:44:11,815 --> 00:44:14,735
Speaker 2: you were to say, hey, look what I'm going to

776
00:44:14,775 --> 00:44:17,095
Speaker 2: do is I'm going to raise the house and maybe

777
00:44:17,095 --> 00:44:20,095
Speaker 2: it's going to be a block basement down below, which

778
00:44:20,575 --> 00:44:24,015
Speaker 2: has you know, like if the water comes through, it'll

779
00:44:24,095 --> 00:44:26,215
Speaker 2: just flood through, the blocks will be saturated for a

780
00:44:26,255 --> 00:44:28,695
Speaker 2: period of time. Or you could lift the house and

781
00:44:28,735 --> 00:44:31,375
Speaker 2: put it on poles, certainly there's large areas in the

782
00:44:31,415 --> 00:44:34,255
Speaker 2: Bay of Plenty that were also affected by the floods.

783
00:44:34,255 --> 00:44:38,135
Speaker 2: Oh sorry, around East Cape and all sorts of areas

784
00:44:38,135 --> 00:44:41,215
Speaker 2: there where people are going, actually we might need to

785
00:44:41,375 --> 00:44:44,055
Speaker 2: if we're going to rebuild, we're going to rebuild at

786
00:44:44,055 --> 00:44:47,855
Speaker 2: a higher level, and you know, if the floods come

787
00:44:47,935 --> 00:44:50,575
Speaker 2: then it'll just go underneath the house and carry on.

788
00:44:51,855 --> 00:44:53,775
Speaker 8: But again, was a garrige or not?

789
00:44:55,935 --> 00:44:59,015
Speaker 2: I guess it's non habitable. If it was non habitable,

790
00:44:59,015 --> 00:45:00,735
Speaker 2: and if it was designed in such a way that

791
00:45:00,775 --> 00:45:03,055
Speaker 2: the water just simply flowed from one end to the other,

792
00:45:03,575 --> 00:45:06,255
Speaker 2: you could possibly do that. But then that's a significant

793
00:45:06,375 --> 00:45:07,375
Speaker 2: cost on your part.

794
00:45:08,735 --> 00:45:11,575
Speaker 8: Well, it definitely isn't It was a big section. I

795
00:45:11,575 --> 00:45:13,215
Speaker 8: wanted to build out the back, and I would have

796
00:45:13,215 --> 00:45:15,175
Speaker 8: thought they would allow it if it was built at

797
00:45:15,175 --> 00:45:17,175
Speaker 8: the right level. But I don't think that's going to

798
00:45:17,215 --> 00:45:19,015
Speaker 8: be an option If I'm a Category.

799
00:45:18,615 --> 00:45:24,615
Speaker 2: Three I don't think so either. To be fair, I

800
00:45:24,655 --> 00:45:26,935
Speaker 2: hope it all works out for you. Thanks Rose.

801
00:45:27,055 --> 00:45:28,255
Speaker 8: Thanks, it's interesting plan.

802
00:45:28,575 --> 00:45:30,135
Speaker 2: No trouble, Yeah, good luck with that.

803
00:45:30,175 --> 00:45:30,935
Speaker 8: Thank you all right.

804
00:45:31,055 --> 00:45:33,655
Speaker 2: You take care. Bob oh eight hundred and eighty ten

805
00:45:33,775 --> 00:45:36,215
Speaker 2: eighty the number to call if you're I suppose it's

806
00:45:36,215 --> 00:45:38,335
Speaker 2: one of those things. If you are aware of this

807
00:45:38,495 --> 00:45:41,615
Speaker 2: because you've had a letter from council recently, then you'll

808
00:45:41,655 --> 00:45:43,415
Speaker 2: be aware of it. If you're not, like me, I

809
00:45:43,535 --> 00:45:48,735
Speaker 2: wasn't well. I was aware that some areas were being targeted,

810
00:45:48,815 --> 00:45:53,375
Speaker 2: but identified as areas where there is sort of basically

811
00:45:53,415 --> 00:45:58,255
Speaker 2: flood risk that can't be mitigated. And I remember going

812
00:45:58,295 --> 00:46:02,335
Speaker 2: to a house before the January twenty twenty three flood

813
00:46:02,535 --> 00:46:06,615
Speaker 2: that flooded the previous year and they were going to

814
00:46:06,615 --> 00:46:09,095
Speaker 2: get bored out at that time. Well, it's it's confirmed

815
00:46:09,095 --> 00:46:12,615
Speaker 2: these areas. It's staggering numbers they If you're interested, you

816
00:46:12,615 --> 00:46:14,855
Speaker 2: can go to the Auckland Council website. Just search for

817
00:46:15,375 --> 00:46:17,415
Speaker 2: what I searched for was north Shore because I'm on

818
00:46:17,415 --> 00:46:19,815
Speaker 2: the north Shore of Auckland buy out and it just

819
00:46:19,895 --> 00:46:25,535
Speaker 2: listed literally hundreds of houses. Doesn't say any details about them.

820
00:46:25,535 --> 00:46:28,135
Speaker 2: It just says suburb number of houses that are in

821
00:46:28,175 --> 00:46:30,655
Speaker 2: that z own number that have been brought out. It's

822
00:46:30,695 --> 00:46:33,535
Speaker 2: a big process. O eight hundred eighty ten eighty is

823
00:46:33,575 --> 00:46:35,295
Speaker 2: the number to call if you've got a building question.

824
00:46:35,535 --> 00:46:38,615
Speaker 2: We can talk all things building, construction, anything really to

825
00:46:38,655 --> 00:46:42,855
Speaker 2: do with home ownership and for some people having council

826
00:46:42,935 --> 00:46:44,895
Speaker 2: come along and make you an offer and your property

827
00:46:44,975 --> 00:46:47,295
Speaker 2: is going to be a reality. So oh, eight hundred

828
00:46:47,335 --> 00:46:51,815
Speaker 2: eighty ten eighty is the number, Hollow Georgie. Hi, how

829
00:46:51,815 --> 00:46:52,295
Speaker 2: can I help?

830
00:46:53,895 --> 00:46:56,295
Speaker 9: We purchased a property which will be coming up four

831
00:46:56,375 --> 00:47:01,655
Speaker 9: years in March, and about a year ago we noticed

832
00:47:01,655 --> 00:47:04,975
Speaker 9: a shower this weeking so it was a double lingard shower,

833
00:47:04,975 --> 00:47:08,175
Speaker 9: so he stopped giving one in anyway. So just recently

834
00:47:08,215 --> 00:47:13,095
Speaker 9: we've ripped the shower out and found that it hasn't

835
00:47:13,135 --> 00:47:16,255
Speaker 9: been lined with jib aquiline. It's been lined with ply

836
00:47:17,215 --> 00:47:19,695
Speaker 9: which hasn't even been fixed to the wall, and it's

837
00:47:19,735 --> 00:47:23,935
Speaker 9: had very minimal waterproofing. So they ran a strip down

838
00:47:24,335 --> 00:47:28,055
Speaker 9: the corner and a stripped down underneath where the tats are.

839
00:47:28,775 --> 00:47:32,615
Speaker 9: And when we looked at the PS three, the property

840
00:47:32,655 --> 00:47:34,335
Speaker 9: owner signed it himself.

841
00:47:35,135 --> 00:47:38,175
Speaker 4: Oh the product he used, Yeah, the product he used was.

842
00:47:38,095 --> 00:47:44,375
Speaker 9: From the warehouse, yes, and where the council obviously signed

843
00:47:44,375 --> 00:47:46,935
Speaker 9: off on this. We're having to rip the shower up

844
00:47:46,935 --> 00:47:50,775
Speaker 9: and replace it. Obviously the woods the base places are rotten.

845
00:47:53,015 --> 00:47:54,535
Speaker 9: Do we have any come back on him because he

846
00:47:54,615 --> 00:47:55,775
Speaker 9: signed the PS three.

847
00:47:57,255 --> 00:48:00,455
Speaker 2: Which is kind of what date is on the PS three?

848
00:48:01,735 --> 00:48:06,215
Speaker 9: Oh that I don't know when the build was done?

849
00:48:07,735 --> 00:48:09,655
Speaker 2: Which how long ago? Do you think that was sort

850
00:48:09,655 --> 00:48:10,255
Speaker 2: of early two.

851
00:48:10,215 --> 00:48:15,375
Speaker 9: Thousand, approximately four years, just over four years, because we

852
00:48:15,935 --> 00:48:19,535
Speaker 9: bought it four years ago and they hadn't lived in

853
00:48:19,575 --> 00:48:20,135
Speaker 9: it very long.

854
00:48:20,815 --> 00:48:26,655
Speaker 2: Oh okay, then yeah, I think you do. Because by

855
00:48:27,375 --> 00:48:32,695
Speaker 2: it's interesting that someone who's not can I ask you,

856
00:48:32,735 --> 00:48:35,255
Speaker 2: without going to too much detail, where are you in

857
00:48:35,295 --> 00:48:36,615
Speaker 2: Auckland or somewhere like that?

858
00:48:37,335 --> 00:48:37,935
Speaker 9: No? Final?

859
00:48:38,175 --> 00:48:40,975
Speaker 2: Okay, all right, because for example in Auckland, and I

860
00:48:41,135 --> 00:48:45,375
Speaker 2: mentioned this just for everybody else's information, like, in order

861
00:48:45,415 --> 00:48:50,815
Speaker 2: to issue a producer statement, particularly for waterproofing, you have

862
00:48:50,895 --> 00:48:56,975
Speaker 2: to be on the approved Producer Statement author register with

863
00:48:57,415 --> 00:49:03,095
Speaker 2: Auckland Council, right, So it stops this process, right, So

864
00:49:03,575 --> 00:49:06,895
Speaker 2: I know I've if I've had a waterproofer work for me.

865
00:49:08,735 --> 00:49:11,815
Speaker 2: You can either go online and check or when it

866
00:49:11,815 --> 00:49:17,455
Speaker 2: comes to CCC time council check that the person who

867
00:49:17,535 --> 00:49:20,735
Speaker 2: has been the author of the producer statement is in

868
00:49:20,775 --> 00:49:26,295
Speaker 2: fact qualified to issue or to author a producer statement,

869
00:49:26,775 --> 00:49:29,775
Speaker 2: and they will reject ones that are from someone who

870
00:49:29,855 --> 00:49:34,775
Speaker 2: just signs one. Right because because typically in order to

871
00:49:34,855 --> 00:49:40,895
Speaker 2: do waterproofing most manufacturers of the product will have a

872
00:49:40,975 --> 00:49:46,735
Speaker 2: licensing system, right, so only someone who is licensed to

873
00:49:46,855 --> 00:49:49,735
Speaker 2: install that product should be the person doing the installation

874
00:49:49,855 --> 00:49:56,255
Speaker 2: of that product in most cases. So I think that

875
00:49:56,335 --> 00:50:00,015
Speaker 2: you probably do have a claim because the person has

876
00:50:00,975 --> 00:50:06,255
Speaker 2: also by authoring the producer statement, they're implying a warranty, right,

877
00:50:06,335 --> 00:50:09,535
Speaker 2: and that warranty should at a very bare minimum extend

878
00:50:09,575 --> 00:50:12,735
Speaker 2: for ten years. It's failed within that ten year period,

879
00:50:13,095 --> 00:50:15,895
Speaker 2: they are then responsible for it. So I think you've

880
00:50:15,935 --> 00:50:20,415
Speaker 2: got a strong case to make, and you know, possibly

881
00:50:20,455 --> 00:50:22,295
Speaker 2: you go through the courts. Will possibly you just go

882
00:50:22,375 --> 00:50:26,375
Speaker 2: through the disputes tribernal and again problem you go on

883
00:50:26,615 --> 00:50:27,015
Speaker 2: the problem.

884
00:50:27,255 --> 00:50:30,415
Speaker 9: The problem we had is the man. Two things. The

885
00:50:30,455 --> 00:50:33,255
Speaker 9: man that did it no longer lives in the country,

886
00:50:33,855 --> 00:50:36,735
Speaker 9: and when he did it, he worked for our council.

887
00:50:36,855 --> 00:50:41,775
Speaker 9: Local council by all accounts, had to exit left very

888
00:50:41,815 --> 00:50:47,735
Speaker 9: quickly for some unknown reason. And yeah, so how do

889
00:50:47,775 --> 00:50:51,255
Speaker 9: we contact him? Do we go back through our lawyer

890
00:50:51,295 --> 00:50:53,575
Speaker 9: when we bought the property and contact their lawyer.

891
00:50:53,895 --> 00:50:56,655
Speaker 2: Yeah, but look, if the person's overseas, your chances of

892
00:50:56,695 --> 00:50:59,455
Speaker 2: getting anything from them is to be blunt.

893
00:50:59,215 --> 00:50:59,975
Speaker 3: Just about zero.

894
00:51:00,135 --> 00:51:04,535
Speaker 2: And you probably already know that in your heart. The

895
00:51:04,575 --> 00:51:07,415
Speaker 2: other option is that I presume the building, after the

896
00:51:07,415 --> 00:51:11,535
Speaker 2: building consent was final, inspection took place, it did receive

897
00:51:11,735 --> 00:51:15,895
Speaker 2: a code compliance certificate. Yes it did, which means that

898
00:51:16,015 --> 00:51:22,335
Speaker 2: council takes responsibility, which means that you could try and

899
00:51:22,535 --> 00:51:23,375
Speaker 2: sue counsel.

900
00:51:24,535 --> 00:51:27,255
Speaker 9: We fought the council for two years for resource consent

901
00:51:27,375 --> 00:51:32,175
Speaker 9: was finally one. Ah, you councils are not fun to deal.

902
00:51:31,975 --> 00:51:35,935
Speaker 2: With, No, And look, they've they've got deep pockets and

903
00:51:35,975 --> 00:51:39,215
Speaker 2: they will fight it every step of the way. And

904
00:51:39,815 --> 00:51:42,095
Speaker 2: you know, we can't be too critical of that because

905
00:51:42,135 --> 00:51:47,335
Speaker 2: as rate payers, we want them to, you know, be

906
00:51:47,455 --> 00:51:48,695
Speaker 2: as Yeah.

907
00:51:50,055 --> 00:51:53,175
Speaker 9: We've already given the council a lot of for two years.

908
00:51:53,695 --> 00:51:58,015
Speaker 2: One I wonder whether you know, you could spend several

909
00:51:58,055 --> 00:52:00,615
Speaker 2: thousand dollars trying to fight this or you could just

910
00:52:00,655 --> 00:52:02,735
Speaker 2: put that money into repairing it and just get on

911
00:52:02,815 --> 00:52:03,255
Speaker 2: with it.

912
00:52:03,855 --> 00:52:05,215
Speaker 4: Which is exactly what we're doing.

913
00:52:05,255 --> 00:52:08,335
Speaker 2: But yeah, okay, and look at part of me hates

914
00:52:08,375 --> 00:52:10,855
Speaker 2: giving that sort of advice, but that's just kind of practical.

915
00:52:10,895 --> 00:52:15,215
Speaker 9: I think, yes, no, that's fine, Thank you, damn goodbye.

916
00:52:14,895 --> 00:52:17,175
Speaker 2: Damn hey, good to talk with you all the best.

917
00:52:17,535 --> 00:52:21,695
Speaker 2: Thanks Georgie, take care. Oh that's got to hurt. Oh wait,

918
00:52:21,695 --> 00:52:23,575
Speaker 2: one hundred eighty ten eighty is then i'mber to call

919
00:52:23,655 --> 00:52:25,735
Speaker 2: quick text before we go to the break. Gordon text

920
00:52:25,735 --> 00:52:28,935
Speaker 2: A a moment ago, um, a little while ago actually,

921
00:52:29,215 --> 00:52:31,495
Speaker 2: so sorry for the delay. Gordon. Hey, Pete. I want

922
00:52:31,535 --> 00:52:35,375
Speaker 2: to replace the polycarbonate roofing on my wooden framed greenhouse.

923
00:52:35,455 --> 00:52:39,695
Speaker 2: It is eighteen meters by six that's massive and four

924
00:52:39,775 --> 00:52:43,535
Speaker 2: meters high. I'll use a scaffold on the inside. That's clever.

925
00:52:44,095 --> 00:52:47,015
Speaker 2: Question on how do I replace the capping along the top?

926
00:52:47,095 --> 00:52:50,055
Speaker 2: Do I use plywood sheets to carefully walk on? I

927
00:52:50,055 --> 00:52:54,535
Speaker 2: can't find a roofer to do the job? Ah, Gordon, Yeah,

928
00:52:54,015 --> 00:52:56,775
Speaker 2: I think that's probably going to be. Your best bet

929
00:52:57,775 --> 00:53:01,535
Speaker 2: is to lay the sheets using the scaffold, so you

930
00:53:01,575 --> 00:53:03,535
Speaker 2: can work off that from the inside, so you're not

931
00:53:03,535 --> 00:53:06,775
Speaker 2: trying to stand on the sheets, particularly if you're Perlins

932
00:53:06,855 --> 00:53:09,535
Speaker 2: are let's say it, you know, more than nine hundred centers.

933
00:53:10,175 --> 00:53:12,975
Speaker 2: It's a big step from one Perlin to the other,

934
00:53:13,775 --> 00:53:17,735
Speaker 2: and you could quite easily see yourself going through the polycarbonate.

935
00:53:19,215 --> 00:53:21,735
Speaker 2: But maybe as you're laying it, you'll need to lay

936
00:53:22,135 --> 00:53:24,815
Speaker 2: sheets along the ridge line that you can then fix

937
00:53:24,935 --> 00:53:28,735
Speaker 2: the ridge capping too, and then take those sheets from

938
00:53:28,775 --> 00:53:30,975
Speaker 2: one end to the other, walking on the plywod until

939
00:53:31,015 --> 00:53:32,535
Speaker 2: you get to the end of the building and then

940
00:53:32,895 --> 00:53:35,895
Speaker 2: hopefully you've got a scaffold there you can load it

941
00:53:35,935 --> 00:53:41,415
Speaker 2: onto and go down from there. I can sort of

942
00:53:41,495 --> 00:53:43,855
Speaker 2: understand why you couldn't find a roofer to do the job.

943
00:53:43,935 --> 00:53:47,495
Speaker 2: To be fair, it is tricky. Oh eight one hundred

944
00:53:47,495 --> 00:53:50,575
Speaker 2: and eighty ten eighty is the number to call. And

945
00:53:50,615 --> 00:53:53,095
Speaker 2: another quick text morning Pete. Can you tell me if

946
00:53:53,135 --> 00:53:55,415
Speaker 2: the government have relaxed the rules on tiny homes yet?

947
00:53:55,655 --> 00:53:58,415
Speaker 2: I'd need more information on that question. I don't. I

948
00:53:58,455 --> 00:54:02,015
Speaker 2: haven't seen anything recently on that as it happens. Actually

949
00:54:02,055 --> 00:54:05,455
Speaker 2: this week, I think on Thursday, I'm going out to

950
00:54:05,815 --> 00:54:10,895
Speaker 2: have a look at a fairly significant tiny home manufacturer

951
00:54:10,935 --> 00:54:14,375
Speaker 2: fabrication place. I'll have a bit of a chat with

952
00:54:14,415 --> 00:54:16,455
Speaker 2: them while i'm out there, I'm meeting the owners and

953
00:54:16,495 --> 00:54:18,095
Speaker 2: having a look around, and then I'm off down to

954
00:54:18,295 --> 00:54:21,695
Speaker 2: Hamilton Action on Thursday to look at a three D

955
00:54:21,815 --> 00:54:25,335
Speaker 2: printed house showroom for a three D printed house that's

956
00:54:25,415 --> 00:54:28,375
Speaker 2: just been done, so a factory tour and then a

957
00:54:28,375 --> 00:54:30,375
Speaker 2: bit of a look at this three D printed house

958
00:54:30,375 --> 00:54:32,615
Speaker 2: could be interesting as well. Oh eight hundred and eighty

959
00:54:32,695 --> 00:54:34,415
Speaker 2: ten eighty will take a short break. We'll be back

960
00:54:34,415 --> 00:54:37,535
Speaker 2: with Graham in just a moment. I mentioned earlier in

961
00:54:37,575 --> 00:54:40,055
Speaker 2: the show that I had a for me what felt

962
00:54:40,095 --> 00:54:42,655
Speaker 2: like a fantastic day yes today, puttering. Puttering is my

963
00:54:42,695 --> 00:54:45,855
Speaker 2: new word for twenty twenty five. Puttering, as I see it,

964
00:54:45,975 --> 00:54:51,575
Speaker 2: is the act of performing tasks that are practical and

965
00:54:51,655 --> 00:54:54,855
Speaker 2: achieve something. You fact something done, something that makes a difference,

966
00:54:54,855 --> 00:54:56,895
Speaker 2: but nobody else will notice it. And so I had

967
00:54:56,895 --> 00:54:59,775
Speaker 2: a puttering day yesterday where I had to take all

968
00:54:59,815 --> 00:55:02,015
Speaker 2: of my tools out of the back of the ute

969
00:55:02,335 --> 00:55:04,375
Speaker 2: when we went away for the weekend. So I loaded

970
00:55:04,375 --> 00:55:07,135
Speaker 2: everything into the shed and then before I put it

971
00:55:07,175 --> 00:55:09,535
Speaker 2: all back in, this was task number one for the

972
00:55:09,575 --> 00:55:12,655
Speaker 2: puttering was to go through I've got a set of

973
00:55:12,735 --> 00:55:14,215
Speaker 2: drawers that sit in the back of the ute that

974
00:55:14,255 --> 00:55:16,655
Speaker 2: I made out of plywood years ago. So I went

975
00:55:16,695 --> 00:55:19,375
Speaker 2: through all of those, cleaned them all out, got rid

976
00:55:19,415 --> 00:55:21,255
Speaker 2: of all the debris, got rid of stuff that I

977
00:55:21,375 --> 00:55:24,095
Speaker 2: don't use anymore or off cuts, and da da da

978
00:55:24,175 --> 00:55:27,615
Speaker 2: da clean that re established that back into there. I

979
00:55:27,655 --> 00:55:29,695
Speaker 2: had a hole lot of garden stakes that i'd taken

980
00:55:29,735 --> 00:55:32,455
Speaker 2: out from a job that still had the cloth around them.

981
00:55:32,455 --> 00:55:34,695
Speaker 2: So pulled out all the staples, got those tidied up.

982
00:55:35,855 --> 00:55:40,535
Speaker 2: I had bought a nifty little it's like an attachment

983
00:55:40,615 --> 00:55:42,735
Speaker 2: to a vacuum that if you're drilling a hole in

984
00:55:42,775 --> 00:55:45,655
Speaker 2: a wall and you plug the vacuum into this little attachment,

985
00:55:46,055 --> 00:55:49,095
Speaker 2: it sucks itself to the wall and sucks the dust.

986
00:55:49,455 --> 00:55:52,975
Speaker 2: It's brilliant anyway. So I needed somewhere to hold that up,

987
00:55:53,015 --> 00:55:56,015
Speaker 2: so I reorganized things in the workshop, made a little

988
00:55:56,015 --> 00:55:58,375
Speaker 2: holder for that and one for the square next to it.

989
00:55:59,295 --> 00:56:01,375
Speaker 2: Then in the back of my ute, I've got to

990
00:56:01,415 --> 00:56:04,495
Speaker 2: pull out tray that I made another platform on that

991
00:56:04,535 --> 00:56:05,695
Speaker 2: had a bit of a bend in it, So I

992
00:56:05,735 --> 00:56:08,415
Speaker 2: took that out, strengthened it with a bit of aluminium,

993
00:56:08,455 --> 00:56:10,575
Speaker 2: and then painted it. Put that back in. Done that.

994
00:56:11,135 --> 00:56:13,255
Speaker 2: We picked up a second hand brazier the other day

995
00:56:13,255 --> 00:56:16,415
Speaker 2: from the recycling center. I gave that a rust clean

996
00:56:16,615 --> 00:56:21,575
Speaker 2: and did that, mowed the lawns, cleaned out little paddling pool.

997
00:56:21,695 --> 00:56:24,255
Speaker 2: For some reason, used the little I've got a little

998
00:56:24,695 --> 00:56:28,095
Speaker 2: eighteen vault Rhyobi wet and dry vacuum cleaner, so it

999
00:56:28,135 --> 00:56:30,055
Speaker 2: looks like a lunch box. You can just carry it

1000
00:56:30,055 --> 00:56:33,415
Speaker 2: around with you. So I took all of my tool bags,

1001
00:56:33,615 --> 00:56:36,375
Speaker 2: so one with my power tools in it, one with

1002
00:56:36,415 --> 00:56:39,175
Speaker 2: another set of power tools, another one with grinders and

1003
00:56:39,335 --> 00:56:42,895
Speaker 2: bits and pieces, then and emptied all of those out,

1004
00:56:43,135 --> 00:56:45,095
Speaker 2: sucked out all of the sawdust at the bottom of that,

1005
00:56:45,215 --> 00:56:47,855
Speaker 2: and with the little Ryobi vac, cleaned out the Ryoby

1006
00:56:47,935 --> 00:56:49,815
Speaker 2: vac because I'd used that the other day when I

1007
00:56:49,855 --> 00:56:53,055
Speaker 2: was doing some concrete drilling on a job, and I

1008
00:56:53,095 --> 00:56:54,815
Speaker 2: think I got a couple of other jobs done too.

1009
00:56:55,375 --> 00:57:00,055
Speaker 2: It was fantastic puttering day. Awesome, took the whole day.

1010
00:57:00,055 --> 00:57:01,935
Speaker 2: It got started nice and early. Guy came round to

1011
00:57:01,935 --> 00:57:05,975
Speaker 2: pick up a garden roller. I had an antique garden roller.

1012
00:57:07,135 --> 00:57:08,855
Speaker 2: I loved it, but anyway, it's time to move it on.

1013
00:57:09,575 --> 00:57:12,375
Speaker 2: So he came picked it up seven thirty on Saturday morning.

1014
00:57:12,415 --> 00:57:14,455
Speaker 2: Got a love a trade me purchase that goes I'll

1015
00:57:14,495 --> 00:57:16,495
Speaker 2: be there at seven thirty on Saturday, and he was.

1016
00:57:16,535 --> 00:57:19,295
Speaker 2: It was awesome. He turns out to be chippy as well,

1017
00:57:19,335 --> 00:57:21,615
Speaker 2: so it was a bit of a chat. And anyway

1018
00:57:21,655 --> 00:57:23,535
Speaker 2: that's gone. Now I'm on the hunt for a replacement

1019
00:57:23,535 --> 00:57:26,255
Speaker 2: garden roller. We'll get round to that later on. I'm

1020
00:57:26,295 --> 00:57:28,335
Speaker 2: in the market. Oh eight hundred and eighty ten eighty

1021
00:57:28,375 --> 00:57:33,095
Speaker 2: is the number. Graham, Good morning, Good morning, a good buddy.

1022
00:57:34,015 --> 00:57:34,215
Speaker 10: Hey.

1023
00:57:34,615 --> 00:57:36,735
Speaker 11: I just i was listening to your show this morning,

1024
00:57:36,775 --> 00:57:39,895
Speaker 11: and I've got some issues. Who has a good issue

1025
00:57:39,895 --> 00:57:45,055
Speaker 11: in the council, but the sun Plaine issue.

1026
00:57:45,255 --> 00:57:45,575
Speaker 2: Yeah.

1027
00:57:45,735 --> 00:57:48,575
Speaker 11: So, and there street on one side the street, the

1028
00:57:48,615 --> 00:57:52,455
Speaker 11: back of the house below the street, yes, And some

1029
00:57:52,495 --> 00:57:56,015
Speaker 11: of them are slightly below the footpath. And then you

1030
00:57:56,135 --> 00:57:58,015
Speaker 11: come along as it gets further down to the street,

1031
00:57:58,015 --> 00:58:00,015
Speaker 11: and the loans of mine, which is built on a

1032
00:58:00,095 --> 00:58:05,975
Speaker 11: lava flower, is extually elevated right off yep. So anyway,

1033
00:58:06,015 --> 00:58:08,615
Speaker 11: some of some of these houses got water ingress into

1034
00:58:08,615 --> 00:58:12,175
Speaker 11: the down down stairs, and some of their backyards flooded.

1035
00:58:12,735 --> 00:58:16,695
Speaker 11: And I was actually home when there's when those big

1036
00:58:16,815 --> 00:58:20,175
Speaker 11: rains came through. Ye took some video footage and what

1037
00:58:20,335 --> 00:58:25,055
Speaker 11: was actually going on. The drains weren running and and

1038
00:58:25,135 --> 00:58:29,175
Speaker 11: the water was coming down the down the gunner six

1039
00:58:29,215 --> 00:58:34,135
Speaker 11: feet wide heading the abutments to the driveways, and then

1040
00:58:34,135 --> 00:58:36,575
Speaker 11: the pressure wave was sending it back uphill and then

1041
00:58:36,655 --> 00:58:42,455
Speaker 11: down people's driveways right so shoes around and not seeing

1042
00:58:42,495 --> 00:58:47,575
Speaker 11: their drains. But the funny thing is. So I've googled

1043
00:58:47,575 --> 00:58:49,575
Speaker 11: the mat in the in the in the in the

1044
00:58:49,695 --> 00:58:54,615
Speaker 11: very start of my driveway has a blue blue as

1045
00:58:54,655 --> 00:58:55,335
Speaker 11: a pain on it.

1046
00:58:56,855 --> 00:58:58,375
Speaker 2: They were oval and flow path.

1047
00:59:00,055 --> 00:59:03,895
Speaker 11: Uh oh yeah, well that's a good point. I'm exactly

1048
00:59:03,935 --> 00:59:06,895
Speaker 11: sure which one there is. But the nigh his house

1049
00:59:07,535 --> 00:59:12,775
Speaker 11: who sits level with the road, their whole house has

1050
00:59:12,775 --> 00:59:16,895
Speaker 11: scott blew all over. And then recently they got seen

1051
00:59:16,975 --> 00:59:22,895
Speaker 11: to letter from the council saying hey, look we'll give

1052
00:59:22,895 --> 00:59:24,695
Speaker 11: you eighty percent of the value and buy your house

1053
00:59:24,975 --> 00:59:29,895
Speaker 11: because it's in this in this their house never flooded

1054
00:59:29,935 --> 00:59:36,415
Speaker 11: at all. Mhm, never flooded. And I'm like, well, what's

1055
00:59:36,495 --> 00:59:38,295
Speaker 11: going on? How's that? How's that even happening?

1056
00:59:41,055 --> 00:59:44,095
Speaker 2: I suppose, especially you know in terms of like it

1057
00:59:44,255 --> 00:59:46,975
Speaker 2: just will go back a couple of steps. So I've

1058
00:59:47,015 --> 00:59:51,375
Speaker 2: been fascinated with this new flood viewer online tool.

1059
00:59:51,495 --> 00:59:54,095
Speaker 11: Right, that's that's the one I'm talking about.

1060
00:59:54,535 --> 00:59:58,335
Speaker 2: Now, that's one, and I presume at the stage, well,

1061
00:59:58,375 --> 01:00:00,895
Speaker 2: all I know is I know Auckland Council's got one, right,

1062
01:00:01,935 --> 01:00:06,655
Speaker 2: and and I'm involved with the local college and we

1063
01:00:06,735 --> 01:00:10,535
Speaker 2: had you know, like that particular area there is an

1064
01:00:10,535 --> 01:00:12,975
Speaker 2: overland flow path and we had a lot of water

1065
01:00:13,535 --> 01:00:18,775
Speaker 2: through there and in that area, and so looking at

1066
01:00:18,815 --> 01:00:22,655
Speaker 2: it now, it is remarkable to see the extent of

1067
01:00:22,695 --> 01:00:26,495
Speaker 2: the floodplain. Right, So I can remember looking at Gis

1068
01:00:27,135 --> 01:00:29,095
Speaker 2: three or four years ago and now you look at it,

1069
01:00:29,495 --> 01:00:34,015
Speaker 2: and I found it fascinating at the precision of what

1070
01:00:34,135 --> 01:00:36,855
Speaker 2: they've been able to map. And my understanding is it's

1071
01:00:36,895 --> 01:00:39,975
Speaker 2: mapped off real data. So this is what they know.

1072
01:00:40,495 --> 01:00:45,495
Speaker 2: This is where floodplains happen. But obviously if you're saying, hey,

1073
01:00:45,495 --> 01:00:48,255
Speaker 2: look in this instance here, this one's being identified as

1074
01:00:48,255 --> 01:00:51,335
Speaker 2: being in a floodplain, but in effect they had no flooding.

1075
01:00:53,015 --> 01:00:55,015
Speaker 2: You know, do you have an opportunity to go back

1076
01:00:55,055 --> 01:00:58,135
Speaker 2: to council or to planners to go actually in reality

1077
01:00:58,215 --> 01:01:03,775
Speaker 2: that it just didn't happen. Because I'm aware of another

1078
01:01:03,815 --> 01:01:07,255
Speaker 2: property that I know had extensive flooding, serious damage to

1079
01:01:07,335 --> 01:01:09,615
Speaker 2: the property, which when I had a look on flood

1080
01:01:09,695 --> 01:01:12,895
Speaker 2: view a flood you the other day, it's not even

1081
01:01:12,935 --> 01:01:16,775
Speaker 2: highlighted and and there's no overland flow path that goes

1082
01:01:16,815 --> 01:01:19,695
Speaker 2: through the property. And that was actually a situation similar

1083
01:01:19,695 --> 01:01:22,255
Speaker 2: to yours, where the sheer volume of water that was

1084
01:01:22,255 --> 01:01:25,815
Speaker 2: coming down the curb whipped around the corner and then

1085
01:01:26,055 --> 01:01:28,495
Speaker 2: up and over. And in their instance, they didn't have

1086
01:01:28,615 --> 01:01:31,295
Speaker 2: they had a driveway that sloped down to a basement,

1087
01:01:31,695 --> 01:01:37,415
Speaker 2: and they had no they had pumps in the channel

1088
01:01:37,495 --> 01:01:40,535
Speaker 2: and the catch pit, and once those got overwhelmed, there

1089
01:01:40,575 --> 01:01:42,255
Speaker 2: was just nowhere else for the water to go.

1090
01:01:43,175 --> 01:01:48,935
Speaker 11: Nowhere to go. Yeah, yeah, well these this because what

1091
01:01:48,975 --> 01:01:52,215
Speaker 11: they did in the in the street reached the beautiful

1092
01:01:52,575 --> 01:01:56,335
Speaker 11: and they came through and they put that slightly relates

1093
01:01:56,375 --> 01:01:59,135
Speaker 11: to it, but they put the script down on it.

1094
01:02:01,135 --> 01:02:01,455
Speaker 5: Yeah.

1095
01:02:01,615 --> 01:02:05,095
Speaker 11: Yeah. And and for Ages because it could it gets

1096
01:02:05,095 --> 01:02:09,055
Speaker 11: stramped into into my into my basement on tires the

1097
01:02:09,135 --> 01:02:11,855
Speaker 11: least flower and I'd blow a mess of piles into

1098
01:02:11,895 --> 01:02:15,335
Speaker 11: the gunner and then ring the counselor you need, you

1099
01:02:15,375 --> 01:02:16,335
Speaker 11: need to pick all your crap.

1100
01:02:16,495 --> 01:02:17,895
Speaker 5: Yeah, heading one.

1101
01:02:17,775 --> 01:02:20,855
Speaker 11: Way into the into the one hundred yards here on

1102
01:02:20,895 --> 01:02:23,215
Speaker 11: the street to low point in the storm orders. No

1103
01:02:23,295 --> 01:02:26,655
Speaker 11: storm waterer in the street runs across down in the

1104
01:02:26,655 --> 01:02:29,855
Speaker 11: bottom of the step. And of course I guess so

1105
01:02:29,975 --> 01:02:33,815
Speaker 11: on cost saving measures, no one's cleaned to drains there

1106
01:02:33,935 --> 01:02:37,135
Speaker 11: for Ages, and their big rain came and of course

1107
01:02:37,855 --> 01:02:39,055
Speaker 11: they were hardly working.

1108
01:02:38,815 --> 01:02:38,975
Speaker 4: You know.

1109
01:02:39,295 --> 01:02:42,415
Speaker 2: Yeah, And look I think that council have had quite

1110
01:02:42,815 --> 01:02:45,855
Speaker 2: Auckland in particular, quite the wake up call where you know,

1111
01:02:45,935 --> 01:02:48,895
Speaker 2: there's I guess it's not really sexy. Like if you

1112
01:02:48,975 --> 01:02:51,215
Speaker 2: were like there's going to be local body elections this

1113
01:02:51,295 --> 01:02:53,255
Speaker 2: year and council elections this year, and if you ran

1114
01:02:53,295 --> 01:02:55,655
Speaker 2: on a campaign that said the only thing I want

1115
01:02:55,655 --> 01:02:58,695
Speaker 2: a campaign for is to fix the pipes, you know

1116
01:02:58,735 --> 01:03:00,775
Speaker 2: how many people would vote for you? Possibly quite a

1117
01:03:00,775 --> 01:03:03,495
Speaker 2: few these days, I'm not sure, but yeah, probably, you know,

1118
01:03:03,615 --> 01:03:06,135
Speaker 2: And I think for a long time, you know, checking

1119
01:03:06,135 --> 01:03:09,375
Speaker 2: the pipes and that sort of thing hasn't been a priority.

1120
01:03:10,855 --> 01:03:14,135
Speaker 2: I think it genuinely is nowadays. And I'm aware of

1121
01:03:14,415 --> 01:03:17,935
Speaker 2: a couple of large public lines that when they did

1122
01:03:17,975 --> 01:03:20,535
Speaker 2: finally get round to doing camera surveys and that sort

1123
01:03:20,535 --> 01:03:23,255
Speaker 2: of thing, they found that they were fifty sixty percent

1124
01:03:23,295 --> 01:03:27,175
Speaker 2: full of sediment. Right now, that's if you've got.

1125
01:03:27,815 --> 01:03:29,855
Speaker 11: A lot of it's grit that they've been putting around

1126
01:03:29,855 --> 01:03:34,055
Speaker 11: the neighborhood where yeah, and I have big arguments with

1127
01:03:34,175 --> 01:03:38,055
Speaker 11: them over and obviously it was done about five six

1128
01:03:38,135 --> 01:03:41,375
Speaker 11: years ago, maybe even seven, and I can still go

1129
01:03:41,415 --> 01:03:43,295
Speaker 11: out there with a leaf blow and big a big pole.

1130
01:03:43,095 --> 01:03:46,015
Speaker 2: Into the other whereas you know. My understanding is with

1131
01:03:46,135 --> 01:03:48,175
Speaker 2: the chip is that they do the chip right and

1132
01:03:48,215 --> 01:03:50,575
Speaker 2: then they come through with the sweepers and they let

1133
01:03:50,575 --> 01:03:52,255
Speaker 2: it settle for a while and then they take the

1134
01:03:52,335 --> 01:03:54,735
Speaker 2: excess away. But if they don't come back and sweep,

1135
01:03:54,775 --> 01:03:57,055
Speaker 2: then you're right that that grit is going to end

1136
01:03:57,135 --> 01:03:59,375
Speaker 2: up in the channel. Eventually it'll end up in the

1137
01:03:59,455 --> 01:04:01,975
Speaker 2: catch pit. The catch pit then has got no volume,

1138
01:04:02,375 --> 01:04:03,695
Speaker 2: and so they just over top.

1139
01:04:05,255 --> 01:04:08,015
Speaker 11: Yeah, and I honestly believe that's a lot of what

1140
01:04:08,135 --> 01:04:11,415
Speaker 11: happened in our street because when it when it came down,

1141
01:04:11,455 --> 01:04:13,455
Speaker 11: it so it was about six feet wide coming down

1142
01:04:13,455 --> 01:04:16,575
Speaker 11: the gunner. As soon as I had those abutments, you

1143
01:04:16,575 --> 01:04:19,775
Speaker 11: can see the pressure wave, yes, going back up and

1144
01:04:19,815 --> 01:04:22,415
Speaker 11: I'm like, right this where it isn't where where I happened.

1145
01:04:23,135 --> 01:04:26,295
Speaker 11: I have a double engine strike. My neighbors singles next,

1146
01:04:26,295 --> 01:04:30,255
Speaker 11: so we've got freely wide. So it's sort of didn'

1147
01:04:30,255 --> 01:04:32,495
Speaker 11: they have a chance to get at me. But I

1148
01:04:32,535 --> 01:04:34,535
Speaker 11: can see how it would get to hers. Ob suggested

1149
01:04:34,575 --> 01:04:37,415
Speaker 11: putting a speed up in the driveway enough to send

1150
01:04:37,415 --> 01:04:37,775
Speaker 11: it down.

1151
01:04:38,255 --> 01:04:41,495
Speaker 2: Yeah, just to divert it you.

1152
01:04:41,535 --> 01:04:44,015
Speaker 11: Needed to do. But it's caused a lot of inks

1153
01:04:44,015 --> 01:04:45,935
Speaker 11: for people and these these two guys that have bought

1154
01:04:45,935 --> 01:04:48,935
Speaker 11: the house next door to me. That's sort of like, well,

1155
01:04:49,135 --> 01:04:51,135
Speaker 11: what's going on? And I'm like, mate, I'm telling it.

1156
01:04:51,215 --> 01:04:53,255
Speaker 11: I was here in that place to look like.

1157
01:04:53,775 --> 01:04:57,415
Speaker 2: Yeah, well, particularly if you're lava flow or something like that,

1158
01:04:57,495 --> 01:05:00,855
Speaker 2: you know, potentially there's there's more. They call the tomos

1159
01:05:01,215 --> 01:05:03,495
Speaker 2: or what you know, the amazing.

1160
01:05:05,015 --> 01:05:07,735
Speaker 11: That's how I got my drainage on the aqui for

1161
01:05:08,215 --> 01:05:11,655
Speaker 11: water View YEP, at our hooks and there.

1162
01:05:12,855 --> 01:05:15,015
Speaker 2: It's a great system if you can prove that it works.

1163
01:05:15,335 --> 01:05:17,615
Speaker 2: I did one years ago where it was you know,

1164
01:05:17,775 --> 01:05:20,615
Speaker 2: sort of a volcanic area. We were able to drill down.

1165
01:05:20,735 --> 01:05:23,935
Speaker 2: We then tested the sheer volume that it would accommodate,

1166
01:05:24,295 --> 01:05:26,815
Speaker 2: and once we could prove that it would handle the rainfall,

1167
01:05:27,015 --> 01:05:30,295
Speaker 2: then we could do storm water on site just by

1168
01:05:30,375 --> 01:05:33,575
Speaker 2: simply dropping it straight down back into the ground. Great system,

1169
01:05:33,735 --> 01:05:34,775
Speaker 2: but that's what that's what I do.

1170
01:05:37,335 --> 01:05:39,775
Speaker 11: It's a success thing. And then eventually it's south side

1171
01:05:39,855 --> 01:05:42,455
Speaker 11: and down into it so that that main equa.

1172
01:05:42,815 --> 01:05:45,055
Speaker 2: Funnily enough, the way that I did was an only hunger.

1173
01:05:45,095 --> 01:05:49,815
Speaker 2: So really, hey, good of you to call good luck

1174
01:05:49,855 --> 01:05:52,935
Speaker 2: with your neighbors, and thanks for raising that issue. Oh

1175
01:05:52,935 --> 01:05:54,895
Speaker 2: eight hundred and eighty ten eighty is the number to

1176
01:05:54,895 --> 01:05:57,175
Speaker 2: call seven thirty six here at Newstalk, se'd be call

1177
01:05:57,255 --> 01:05:59,055
Speaker 2: us now. We've got time to take your calls through

1178
01:05:59,135 --> 01:06:03,535
Speaker 2: till eight o'clock. After eight o'clock, real estate agent agency

1179
01:06:03,575 --> 01:06:06,695
Speaker 2: owner and expert WAYE. Maguire is going to join me

1180
01:06:06,735 --> 01:06:08,455
Speaker 2: in the studio. We're going to be talking about this

1181
01:06:08,535 --> 01:06:13,575
Speaker 2: issue of I suppose declarations what you have to declare

1182
01:06:13,735 --> 01:06:16,615
Speaker 2: in a sale and purchase agreement. So we'll talk about

1183
01:06:16,655 --> 01:06:19,735
Speaker 2: that after eight o'clock and happy to take any text

1184
01:06:19,855 --> 01:06:22,975
Speaker 2: if you've got any questions on that. See now, people

1185
01:06:23,015 --> 01:06:26,135
Speaker 2: are telling me that it's pottering. Puttering is the North

1186
01:06:26,175 --> 01:06:29,855
Speaker 2: American version. I like the North American version to be fair.

1187
01:06:30,095 --> 01:06:32,855
Speaker 2: I don't mind pottering. Pottering kind of implies that you're

1188
01:06:32,895 --> 01:06:37,335
Speaker 2: just doing tasks, but more for amusement. Puttering seems to

1189
01:06:37,375 --> 01:06:40,975
Speaker 2: have an urgency about it, as in, these are actually

1190
01:06:41,055 --> 01:06:42,895
Speaker 2: jobs that will make a difference, just no one else

1191
01:06:42,935 --> 01:06:45,895
Speaker 2: will notice it. So I'm sticking with puttering at the stage.

1192
01:06:46,175 --> 01:06:48,135
Speaker 2: Oh eight hundred eighty ten eighty is the number. We'll

1193
01:06:48,135 --> 01:06:50,015
Speaker 2: talk to Kate after the break Your News Talks e

1194
01:06:50,135 --> 01:06:53,695
Speaker 2: B twenty minutes away from eight o'clock. Kate, A very

1195
01:06:53,695 --> 01:06:54,575
Speaker 2: good morning to you.

1196
01:06:55,775 --> 01:06:57,015
Speaker 7: Good morning pee, Kate.

1197
01:06:57,095 --> 01:06:57,415
Speaker 2: How are you?

1198
01:06:58,615 --> 01:07:01,095
Speaker 7: I'm siged, thank you and yourself bad.

1199
01:07:01,295 --> 01:07:01,615
Speaker 2: Thank you.

1200
01:07:02,815 --> 01:07:08,335
Speaker 7: I've got these beautiful you uPVC windows and doors in

1201
01:07:08,415 --> 01:07:13,415
Speaker 7: my new home. Very happy with them. And they were

1202
01:07:13,455 --> 01:07:17,295
Speaker 7: delivered with a film protect the film on them, and

1203
01:07:17,775 --> 01:07:21,375
Speaker 7: the house was painted and the scaffolding came down and

1204
01:07:21,415 --> 01:07:24,055
Speaker 7: I asked a few times, when does that film come off?

1205
01:07:24,135 --> 01:07:26,415
Speaker 7: Because it's covered in all this writing. It looks horrible,

1206
01:07:27,055 --> 01:07:31,015
Speaker 7: and nobody did anything about it. That film stayed on

1207
01:07:31,335 --> 01:07:36,295
Speaker 7: for weeks in the hot sun, and I eventually called

1208
01:07:36,335 --> 01:07:38,575
Speaker 7: the builders have left the site with the film on

1209
01:07:38,655 --> 01:07:43,095
Speaker 7: the window. And I called the manufacturer and he was

1210
01:07:43,335 --> 01:07:46,495
Speaker 7: very distressed. He was wonderful. He came on Friday night,

1211
01:07:47,375 --> 01:07:50,095
Speaker 7: he got a ladder in his business clothes. He was

1212
01:07:50,135 --> 01:07:52,735
Speaker 7: climbing his ladder and peeling off the film. He said,

1213
01:07:52,775 --> 01:07:55,535
Speaker 7: this should have come off weeks ago. This is negligence.

1214
01:07:56,935 --> 01:08:02,055
Speaker 7: And now there's residue, bluey, sticky residue on there which

1215
01:08:02,095 --> 01:08:05,895
Speaker 7: has taking the nice shiny surface away. And he said,

1216
01:08:05,975 --> 01:08:08,495
Speaker 7: what you need to do is put some mefilated spirits

1217
01:08:08,535 --> 01:08:11,255
Speaker 7: on it and then follow up with a damp cloth

1218
01:08:11,295 --> 01:08:13,055
Speaker 7: and it will come off well. Some of the some

1219
01:08:13,135 --> 01:08:15,255
Speaker 7: of the film is coming off in shreds. It's baked

1220
01:08:15,255 --> 01:08:17,735
Speaker 7: on so hard from areas where the sun caught it.

1221
01:08:18,775 --> 01:08:21,415
Speaker 7: So I tried this. I called the build it one

1222
01:08:21,455 --> 01:08:23,895
Speaker 7: and called builders because they actually will only email me

1223
01:08:23,935 --> 01:08:25,975
Speaker 7: now by many issues. If they're not they don't want

1224
01:08:26,015 --> 01:08:29,815
Speaker 7: to deal with me. And so they said they'd send

1225
01:08:29,815 --> 01:08:32,175
Speaker 7: the builder over the weekend. Of course, now it's not

1226
01:08:32,455 --> 01:08:35,575
Speaker 7: great weather. But I tried a little bit of methylated

1227
01:08:35,735 --> 01:08:38,855
Speaker 7: spirits and it didn't really do the job terribly well.

1228
01:08:39,575 --> 01:08:42,935
Speaker 7: So I googled, and every Google site says, don't use

1229
01:08:42,975 --> 01:08:49,775
Speaker 7: methylated spirits. You can use isoprobo alcohol or in a

1230
01:08:50,095 --> 01:08:52,935
Speaker 7: heat gun ra that will read me a hair dryer.

1231
01:08:54,735 --> 01:08:57,095
Speaker 7: So I'm just not sure. I can talk to the

1232
01:08:57,215 --> 01:08:59,575
Speaker 7: manufacturer again Tuesday. But of course it's a long weekend,

1233
01:08:59,655 --> 01:09:02,615
Speaker 7: and if we get any more sun, which we today,

1234
01:09:02,615 --> 01:09:05,815
Speaker 7: we're not. But I don't know what to do about this.

1235
01:09:05,855 --> 01:09:07,775
Speaker 7: He said, it's really urgent. You need to not let

1236
01:09:07,775 --> 01:09:11,215
Speaker 7: this bacon anymore. Sometimes I can see the writing from

1237
01:09:11,255 --> 01:09:14,775
Speaker 7: the film in the glue of the window. I'm wondering

1238
01:09:14,815 --> 01:09:18,575
Speaker 7: if you've got experience of this having been snored and

1239
01:09:18,735 --> 01:09:20,495
Speaker 7: that's for too long and what to do.

1240
01:09:20,855 --> 01:09:27,055
Speaker 2: Yeah, it's incredibly frustrating. I can certainly understand that. I mean,

1241
01:09:27,095 --> 01:09:29,855
Speaker 2: the protective film is there to protect it during construction

1242
01:09:29,935 --> 01:09:32,775
Speaker 2: and then ideally it's removed as soon as any painting

1243
01:09:32,975 --> 01:09:37,695
Speaker 2: or scaffolding comes down. I think the fact that you've

1244
01:09:37,735 --> 01:09:40,855
Speaker 2: reached out to the manufacturer and listen, I would listen

1245
01:09:40,895 --> 01:09:43,335
Speaker 2: to their recommendations. I think the fact that you've gone

1246
01:09:43,335 --> 01:09:49,255
Speaker 2: to Google is great. But you know, I good on

1247
01:09:49,335 --> 01:09:53,455
Speaker 2: them for coming out, and I suspect I know who

1248
01:09:53,495 --> 01:09:58,695
Speaker 2: that company is, so look, I think it is going

1249
01:09:58,735 --> 01:10:00,775
Speaker 2: to be Mislad Spirits. I think it is going to

1250
01:10:00,815 --> 01:10:05,655
Speaker 2: just be a really time consuming task. I think, just

1251
01:10:05,655 --> 01:10:08,535
Speaker 2: being realistic, the chances of getting the builder to come

1252
01:10:08,575 --> 01:10:12,935
Speaker 2: back and do it is unlikely. Whether or not you

1253
01:10:12,975 --> 01:10:15,335
Speaker 2: could then get a contractor to come in and do

1254
01:10:15,495 --> 01:10:18,615
Speaker 2: that work, and it's just diligence. It's just time, right

1255
01:10:19,535 --> 01:10:27,255
Speaker 2: time and attention to detail. Yeah, whether or not you

1256
01:10:27,295 --> 01:10:28,095
Speaker 2: could make me.

1257
01:10:29,375 --> 01:10:33,215
Speaker 7: Yeah, does this fall under naked?

1258
01:10:35,975 --> 01:10:38,935
Speaker 2: See. What's really interesting for LBPS now is, and I'm

1259
01:10:38,975 --> 01:10:42,655
Speaker 2: speaking as an LBP myself, is there is now a

1260
01:10:42,695 --> 01:10:45,335
Speaker 2: code of ethics and it's been around since about two

1261
01:10:45,375 --> 01:10:49,575
Speaker 2: thousand and two, I think. And just go and google

1262
01:10:50,695 --> 01:10:55,455
Speaker 2: LBP Code of Ethics, it'll take you to the LBP website.

1263
01:10:55,935 --> 01:11:00,135
Speaker 2: It makes it really clear around some responsibilities that we

1264
01:11:00,295 --> 01:11:04,735
Speaker 2: have in terms of how we behave right and so

1265
01:11:05,335 --> 01:11:12,615
Speaker 2: you know there is you could remind the LVP of

1266
01:11:12,655 --> 01:11:16,895
Speaker 2: their responsibilities under the Code of Ethics and and that's

1267
01:11:16,975 --> 01:11:20,655
Speaker 2: things like informing clients. So for example, if they decided

1268
01:11:20,695 --> 01:11:23,055
Speaker 2: that they were not going to take off the film

1269
01:11:23,455 --> 01:11:26,135
Speaker 2: and that it was going to become your responsibility, they

1270
01:11:26,135 --> 01:11:30,735
Speaker 2: should let you know if you know, if it's something

1271
01:11:30,735 --> 01:11:34,255
Speaker 2: that they should have done and should reasonably have known

1272
01:11:34,335 --> 01:11:36,175
Speaker 2: that they should have done, and they didn't do it,

1273
01:11:36,695 --> 01:11:39,495
Speaker 2: then you could say, well, look it was part of

1274
01:11:39,535 --> 01:11:42,255
Speaker 2: your task. If you installed the joinery, then you're also

1275
01:11:42,935 --> 01:11:45,095
Speaker 2: there to remove it. In the same way that you know,

1276
01:11:45,215 --> 01:11:48,055
Speaker 2: roofers that install flashings know that they have to remove

1277
01:11:48,175 --> 01:11:52,775
Speaker 2: the the there's often a plastic film on flashings, so

1278
01:11:52,935 --> 01:11:55,775
Speaker 2: typically when a roofer installs them, they remove them right.

1279
01:11:55,815 --> 01:11:57,695
Speaker 2: They don't put them on with them on and wait

1280
01:11:57,735 --> 01:12:01,695
Speaker 2: for someone else to take them off. Yeah, I have

1281
01:12:01,735 --> 01:12:04,255
Speaker 2: a look at the Code of Ethics.

1282
01:12:04,415 --> 01:12:04,775
Speaker 4: Yeah, I have.

1283
01:12:04,895 --> 01:12:06,775
Speaker 7: I understand about the code of ethics, been there and

1284
01:12:07,055 --> 01:12:09,495
Speaker 7: oh okay, send a screenshot of it to the builder.

1285
01:12:09,735 --> 01:12:12,895
Speaker 7: But some of the writing on the film says remove

1286
01:12:13,175 --> 01:12:18,375
Speaker 7: after installation. Yeah, it's right there, it's all over it.

1287
01:12:20,295 --> 01:12:23,855
Speaker 2: Yeah, did the builder install the joinery or did the

1288
01:12:23,895 --> 01:12:29,975
Speaker 2: contractor from the manufacturer install the joinery? The builder did, okay,

1289
01:12:30,015 --> 01:12:32,455
Speaker 2: which is fine, But then yeah, it's part of their

1290
01:12:32,495 --> 01:12:36,855
Speaker 2: responsibility to remove it. They haven't if it's unlikely that

1291
01:12:36,895 --> 01:12:39,175
Speaker 2: they're going to come back and do anything, or certainly

1292
01:12:39,255 --> 01:12:42,695
Speaker 2: not with any urgency, in which case you could get

1293
01:12:42,695 --> 01:12:45,535
Speaker 2: a contractor in to give you a price. You have

1294
01:12:45,575 --> 01:12:47,535
Speaker 2: to send that to the builder. You have to say

1295
01:12:47,615 --> 01:12:50,895
Speaker 2: it's going to cost me this much because there is

1296
01:12:50,935 --> 01:12:54,415
Speaker 2: a first ride of refusal, right so or rectify. So

1297
01:12:54,535 --> 01:12:56,615
Speaker 2: you have to go back to the contractor to say

1298
01:12:57,015 --> 01:12:59,015
Speaker 2: I'm going to have to spend this much money to

1299
01:12:59,095 --> 01:13:01,815
Speaker 2: have this repaired. Either you're going to do it or

1300
01:13:01,815 --> 01:13:03,375
Speaker 2: I'm going to spend the money. But you do have

1301
01:13:03,455 --> 01:13:05,415
Speaker 2: to give them the opportunity of fixing it in the

1302
01:13:05,455 --> 01:13:06,015
Speaker 2: first place.

1303
01:13:07,015 --> 01:13:09,575
Speaker 7: Oh okay, it was sort of contract you would do that.

1304
01:13:11,335 --> 01:13:14,215
Speaker 2: Gosh. I used to. I had a guy come and

1305
01:13:14,255 --> 01:13:16,255
Speaker 2: do some work for us a little while ago who

1306
01:13:16,415 --> 01:13:19,215
Speaker 2: actually was a sign writer, but he was and what

1307
01:13:19,255 --> 01:13:21,855
Speaker 2: we needed him to do was clean off swarf and

1308
01:13:21,935 --> 01:13:25,935
Speaker 2: that sort of thing from long run metal installation, right,

1309
01:13:26,935 --> 01:13:29,535
Speaker 2: And it was just a guy who was meticulous. So

1310
01:13:29,655 --> 01:13:32,535
Speaker 2: that's all you need, just someone who's got patience and

1311
01:13:32,575 --> 01:13:36,255
Speaker 2: determination to come and do it. It might be a

1312
01:13:36,255 --> 01:13:39,735
Speaker 2: professional cleaner, it might be a joinery installation person, it

1313
01:13:39,815 --> 01:13:45,855
Speaker 2: might be another builder, just someone with the right attitude.

1314
01:13:46,495 --> 01:13:48,975
Speaker 2: A number of people have texted and said the isopropyl

1315
01:13:49,055 --> 01:13:52,535
Speaker 2: alcohol is much better than meths for cleaning the glass,

1316
01:13:52,735 --> 01:13:56,095
Speaker 2: but the film wouldn't be on the glass, It'll just

1317
01:13:56,135 --> 01:13:57,095
Speaker 2: be on the extrusion.

1318
01:13:59,095 --> 01:14:01,495
Speaker 7: Correct. There's a little of the little marks on the

1319
01:14:01,535 --> 01:14:03,535
Speaker 7: glass from small stickers, but I can deal with that.

1320
01:14:03,735 --> 01:14:07,175
Speaker 2: Yeah, have it go, you can buy I bought some

1321
01:14:07,295 --> 01:14:11,055
Speaker 2: the other day, actually, little spray bottle of icopropel alcohol.

1322
01:14:11,775 --> 01:14:14,615
Speaker 2: Try that. If it's more effective than meths, go for it.

1323
01:14:15,375 --> 01:14:19,615
Speaker 2: But I think you know, i'd listen to the manufacturer

1324
01:14:19,775 --> 01:14:20,815
Speaker 2: about their recommendation.

1325
01:14:20,935 --> 01:14:23,735
Speaker 7: Well, I actually, yeah, do ask the manufacturer about that,

1326
01:14:24,335 --> 01:14:25,215
Speaker 7: and he said no.

1327
01:14:25,135 --> 01:14:28,375
Speaker 2: To it, just strong. Okay, Oh, well then then go

1328
01:14:28,455 --> 01:14:31,535
Speaker 2: with the mess just down the line. I'll just get

1329
01:14:31,575 --> 01:14:35,375
Speaker 2: you to tell my producer as I who the manufacturers

1330
01:14:35,415 --> 01:14:38,855
Speaker 2: I'm curious to know, but yeah, just down the line, Kate,

1331
01:14:38,935 --> 01:14:41,655
Speaker 2: if Isaiah will ask you that question in just a moment,

1332
01:14:41,895 --> 01:14:44,415
Speaker 2: it's coming up twelve minutes away from eight eight hundred

1333
01:14:44,415 --> 01:14:46,415
Speaker 2: and eighty ten eighties. The number to call will take

1334
01:14:46,415 --> 01:14:49,055
Speaker 2: your calls right up to the news at eight. After

1335
01:14:49,095 --> 01:14:50,695
Speaker 2: the news at eight o'clock, we're going to talk to

1336
01:14:50,895 --> 01:14:54,655
Speaker 2: Wayne Maguire who's from ray White's Realty. Been in the

1337
01:14:54,655 --> 01:14:57,295
Speaker 2: business for a long time. I'm really curious around this

1338
01:14:57,415 --> 01:15:01,735
Speaker 2: whole sale and purchase and as a vendor, what do

1339
01:15:01,775 --> 01:15:04,135
Speaker 2: you need to declare? And I mean it's interesting it

1340
01:15:04,175 --> 01:15:07,735
Speaker 2: came up just with Georgie straight after the eight o'clock

1341
01:15:07,775 --> 01:15:10,855
Speaker 2: news talking about a shower that are being poorly built

1342
01:15:12,895 --> 01:15:16,255
Speaker 2: and intrigued there that someone was able to issue a

1343
01:15:16,295 --> 01:15:20,615
Speaker 2: producer statement without being qualified to do so, and that

1344
01:15:20,615 --> 01:15:23,295
Speaker 2: that got accepted by counsel. Those sorts of things. If

1345
01:15:23,375 --> 01:15:25,975
Speaker 2: it's a new sale and purchase agreement, no, there's no problem,

1346
01:15:26,015 --> 01:15:31,295
Speaker 2: but you are aware of a problem. What what declarations

1347
01:15:31,295 --> 01:15:33,655
Speaker 2: do you have to make and what responsibility do you

1348
01:15:33,735 --> 01:15:37,855
Speaker 2: have to declare? What you may know, particularly in terms

1349
01:15:37,895 --> 01:15:39,815
Speaker 2: of defects about a house before you sell it. Oh,

1350
01:15:39,855 --> 01:15:42,255
Speaker 2: eight hundred eighty ten eighty the number to call call

1351
01:15:42,335 --> 01:15:44,295
Speaker 2: us Now we'll take short break back with your calls

1352
01:15:44,375 --> 01:15:47,415
Speaker 2: in just a moment, you and we're taking your calls.

1353
01:15:47,575 --> 01:15:51,535
Speaker 2: Eight hundred eighty ten eighty is the number to call. Hello, Paul, Hi,

1354
01:15:51,655 --> 01:15:52,175
Speaker 2: Hey Pete.

1355
01:15:53,175 --> 01:15:55,935
Speaker 6: The other week, you were talking about your usual paint

1356
01:15:56,015 --> 01:16:02,575
Speaker 6: company's acrylic paint remote. Yes, is that called latex paint remoter?

1357
01:16:02,775 --> 01:16:05,455
Speaker 2: Yeah, it is, because that's what the frame. They obviously

1358
01:16:05,495 --> 01:16:08,415
Speaker 2: get it from the state, and that's typically how they

1359
01:16:08,495 --> 01:16:12,455
Speaker 2: describe acrylic paints in the state. So latex paint remover.

1360
01:16:13,095 --> 01:16:19,575
Speaker 6: Cook and how old paint will it remove? You know,

1361
01:16:19,655 --> 01:16:24,695
Speaker 6: how long have the paint's been on the air for weeks? Months?

1362
01:16:24,975 --> 01:16:27,655
Speaker 2: I don't know that it would necessarily matter because in

1363
01:16:27,695 --> 01:16:30,255
Speaker 2: the end, I mean, I was using some water born

1364
01:16:30,495 --> 01:16:35,095
Speaker 2: enamel paint yesterday to paint this tray that sits in

1365
01:16:35,135 --> 01:16:38,575
Speaker 2: the back of my ute, right, so I guess it's on.

1366
01:16:38,895 --> 01:16:41,735
Speaker 2: It takes two hours to dry, then it's dry. I

1367
01:16:41,735 --> 01:16:44,015
Speaker 2: don't know that it makes a difference whether it's two hours,

1368
01:16:44,015 --> 01:16:45,535
Speaker 2: two weeks, or two years.

1369
01:16:46,135 --> 01:16:48,775
Speaker 6: Right, Okay, all right, I'll give it a go.

1370
01:16:48,975 --> 01:16:54,255
Speaker 2: Yeah, I think it's probably more designed for you know, patches,

1371
01:16:54,335 --> 01:16:56,815
Speaker 2: and so it's not a paint stripper if you want

1372
01:16:56,815 --> 01:16:58,015
Speaker 2: to paint.

1373
01:16:57,735 --> 01:17:00,095
Speaker 6: Strip patches, you know, but yeah, that's what I want

1374
01:17:00,175 --> 01:17:00,615
Speaker 6: to remove.

1375
01:17:00,695 --> 01:17:03,495
Speaker 2: Yeah, yeah, like I you know, it's probably one of

1376
01:17:03,495 --> 01:17:07,415
Speaker 2: those situations I've said property the other day and you could,

1377
01:17:07,415 --> 01:17:10,335
Speaker 2: you know, the painter had done a really slap dash

1378
01:17:10,455 --> 01:17:12,815
Speaker 2: job and there was bits of paint all over the

1379
01:17:12,815 --> 01:17:16,575
Speaker 2: aluminium extrusion and I guess it's for that type of task.

1380
01:17:17,375 --> 01:17:20,495
Speaker 6: Good, yeah, excellent, all right, all right, give it a go,

1381
01:17:20,615 --> 01:17:21,415
Speaker 6: all right, make all.

1382
01:17:21,295 --> 01:17:24,255
Speaker 2: The best, take care, take care, all the best. A

1383
01:17:24,255 --> 01:17:27,935
Speaker 2: couple of quick texts as well. Hey, Pete spied you

1384
01:17:27,975 --> 01:17:30,255
Speaker 2: on an episode of The Block the other day. You're right,

1385
01:17:30,295 --> 01:17:36,735
Speaker 2: actually the Block Australia, Tony very eager eyed listeners on

1386
01:17:36,815 --> 01:17:40,575
Speaker 2: the show. I got a message through social media the

1387
01:17:40,615 --> 01:17:42,935
Speaker 2: other day too so and look, to be fair, I

1388
01:17:43,775 --> 01:17:47,615
Speaker 2: was not sure whether there would be any footage or

1389
01:17:47,615 --> 01:17:49,935
Speaker 2: anything like that. I certainly didn't go with the intention

1390
01:17:50,015 --> 01:17:52,855
Speaker 2: of being on camera, but I did have a very

1391
01:17:52,855 --> 01:17:57,855
Speaker 2: delightful day wandering around the site with Julian Cress, who's

1392
01:17:57,895 --> 01:18:00,775
Speaker 2: the producer and the originator of the show. He was

1393
01:18:00,895 --> 01:18:03,815
Speaker 2: very generous with his time and just a fantastic guy.

1394
01:18:04,695 --> 01:18:07,495
Speaker 2: Spoke with him for quite some time, had the opportunity

1395
01:18:07,535 --> 01:18:10,855
Speaker 2: to meet good old Scotti, Cam and Shelley and Dan

1396
01:18:10,975 --> 01:18:15,215
Speaker 2: as well, and sort of wandered around watching them work.

1397
01:18:15,575 --> 01:18:17,695
Speaker 2: And obviously I'm familiar with it, given that I did

1398
01:18:17,695 --> 01:18:19,575
Speaker 2: it for ten years on the block here in New Zealand,

1399
01:18:19,615 --> 01:18:22,055
Speaker 2: but it's quite interesting being on the other side of it,

1400
01:18:22,095 --> 01:18:25,175
Speaker 2: watching the production, watching the way in which the story

1401
01:18:25,255 --> 01:18:28,055
Speaker 2: produces and the camera crew work and the way that

1402
01:18:28,095 --> 01:18:31,495
Speaker 2: it's organized there. Ended up that night going out for

1403
01:18:31,535 --> 01:18:35,495
Speaker 2: dinner with actually Robert from Felax, was good of my

1404
01:18:35,615 --> 01:18:38,815
Speaker 2: host at that time, and then ended up going out

1405
01:18:38,815 --> 01:18:40,455
Speaker 2: to dinner with two of the guys from nine and

1406
01:18:40,495 --> 01:18:44,455
Speaker 2: six who are the main construction company and they effectively

1407
01:18:44,535 --> 01:18:47,455
Speaker 2: run the site due all of the management of the

1408
01:18:47,535 --> 01:18:49,855
Speaker 2: subcontractors and they do the bill. So I had dinner

1409
01:18:49,855 --> 01:18:52,535
Speaker 2: with a couple of the guys from nine and six,

1410
01:18:52,615 --> 01:18:55,335
Speaker 2: spent a bit of time with Scotty, gave them a

1411
01:18:55,415 --> 01:18:58,255
Speaker 2: nice bottle of wine and had a bit of a

1412
01:18:58,335 --> 01:19:00,855
Speaker 2: chat and followed them around. And yes, there I was

1413
01:19:01,295 --> 01:19:02,855
Speaker 2: in the back of the shot the other day. I've

1414
01:19:02,855 --> 01:19:04,735
Speaker 2: put that out actually, a couple of photographs on my

1415
01:19:04,895 --> 01:19:08,095
Speaker 2: Facebook page. So if you can't have look for resident

1416
01:19:08,135 --> 01:19:11,575
Speaker 2: builder or people Camp on Facebook you'll find it there.

1417
01:19:11,575 --> 01:19:13,655
Speaker 2: But had it. It was a great time. It's back

1418
01:19:13,695 --> 01:19:17,055
Speaker 2: in gosh when was it May? Middle of May of

1419
01:19:17,175 --> 01:19:21,415
Speaker 2: last year. Don't tell me what the outcome is. I'm

1420
01:19:21,415 --> 01:19:23,255
Speaker 2: still hoping that it's going to be a surprise for me.

1421
01:19:23,535 --> 01:19:25,695
Speaker 2: I think it'll be on sometime next week. Oh, eight

1422
01:19:25,815 --> 01:19:28,095
Speaker 2: hundred and eighty ten eighty is that number to call

1423
01:19:28,135 --> 01:19:30,495
Speaker 2: if you've got a question of a building nature. Well,

1424
01:19:30,735 --> 01:19:33,055
Speaker 2: actually we've run out of time for building questions, But

1425
01:19:33,335 --> 01:19:36,895
Speaker 2: if you've got a real estate question, particularly around sale

1426
01:19:36,895 --> 01:19:40,975
Speaker 2: and purchase and disclosure, text it through on nine to

1427
01:19:41,375 --> 01:19:46,135
Speaker 2: nine two because Wayne Maguire from Ray White's Realty, he's

1428
01:19:46,135 --> 01:19:48,815
Speaker 2: going to join me after the eight o'clock news and

1429
01:19:48,855 --> 01:19:52,135
Speaker 2: we're going to talk about this really intriguing case that

1430
01:19:52,175 --> 01:19:53,775
Speaker 2: came up just a couple of weeks ago. So we'll

1431
01:19:53,775 --> 01:19:57,175
Speaker 2: do that after eight o'clock Your News Talk, seid B News,

1432
01:19:57,295 --> 01:20:00,015
Speaker 2: Sport and Weather, Top of the hour at eight your

1433
01:20:00,055 --> 01:20:02,455
Speaker 2: News Talk, said B people camp with you this morning,

1434
01:20:02,575 --> 01:20:05,015
Speaker 2: and it is a great pleasure this morning to have

1435
01:20:05,175 --> 01:20:07,855
Speaker 2: in the studio. I'll get the right microphone. I'll bring

1436
01:20:07,895 --> 01:20:11,295
Speaker 2: it up Wayne Maguire, who I was saying as we

1437
01:20:11,375 --> 01:20:14,615
Speaker 2: came up in the elevator, pretty much exactly two years

1438
01:20:14,655 --> 01:20:16,255
Speaker 2: ago since we had you here in the studio. I

1439
01:20:16,255 --> 01:20:18,055
Speaker 2: don't know where those two years have gone. But hey,

1440
01:20:18,095 --> 01:20:20,175
Speaker 2: great to see you again. Thanks very much for coming in.

1441
01:20:20,295 --> 01:20:22,975
Speaker 10: Yeah, great to be with you, Peter. And hopefully I

1442
01:20:22,975 --> 01:20:23,935
Speaker 10: can add a bit of value.

1443
01:20:24,135 --> 01:20:26,375
Speaker 2: Yeah, oh, look, I know that, And thanks for your

1444
01:20:26,375 --> 01:20:29,415
Speaker 2: time on the phone this week. So the beginning of

1445
01:20:29,455 --> 01:20:31,575
Speaker 2: this was a phone call a couple of weeks ago

1446
01:20:31,735 --> 01:20:34,615
Speaker 2: where a caller said, look, I've just been through a

1447
01:20:34,615 --> 01:20:38,255
Speaker 2: situation where I purchased the house two years ago. I've

1448
01:20:38,295 --> 01:20:40,655
Speaker 2: then found that there were some defects in the house.

1449
01:20:41,695 --> 01:20:45,135
Speaker 2: I've investigated it found that the vendor, the person who

1450
01:20:45,175 --> 01:20:48,295
Speaker 2: sold me the house, was aware of the defects but

1451
01:20:48,495 --> 01:20:51,255
Speaker 2: did not disclose them in the sale and purchase agreement.

1452
01:20:51,815 --> 01:20:54,255
Speaker 2: And I've been able to prove that. I've gone to

1453
01:20:54,255 --> 01:20:57,615
Speaker 2: the dispute tribunal and they've found in my favor and

1454
01:20:57,655 --> 01:20:59,935
Speaker 2: I've got twenty grand out of them. Oh okay. And

1455
01:21:00,615 --> 01:21:03,375
Speaker 2: it started me thinking about crikey. What is it in

1456
01:21:03,415 --> 01:21:07,455
Speaker 2: a sale and purchase agreement that a vendor has to declare?

1457
01:21:09,015 --> 01:21:13,415
Speaker 10: Yeah, great point to raise. And there's a couple of documents,

1458
01:21:13,535 --> 01:21:15,015
Speaker 10: to be honest. So it's going to be the salent

1459
01:21:15,055 --> 01:21:18,295
Speaker 10: purchase agreement. Yes, And that's a contract between the buyer

1460
01:21:18,335 --> 01:21:18,895
Speaker 10: and the seller.

1461
01:21:19,095 --> 01:21:19,455
Speaker 2: Yes.

1462
01:21:19,615 --> 01:21:22,775
Speaker 10: And inherently, and there is warranties, you know, vendor warranties

1463
01:21:22,815 --> 01:21:25,255
Speaker 10: we call them. Yeah. And in the warranties you're saying

1464
01:21:25,335 --> 01:21:29,695
Speaker 10: in escence, you're saying, anything I've done while I've owned

1465
01:21:29,695 --> 01:21:32,895
Speaker 10: the property that needed a consent, I made sure it

1466
01:21:32,975 --> 01:21:34,735
Speaker 10: had a concent of mad Sure, it's been done as

1467
01:21:34,775 --> 01:21:36,535
Speaker 10: per the concent of mad Sure, it's had sign off,

1468
01:21:36,575 --> 01:21:39,015
Speaker 10: you know, a co compliance certificate, and of made sure.

1469
01:21:39,015 --> 01:21:41,615
Speaker 10: I've given away no rights, you know to the property.

1470
01:21:41,615 --> 01:21:45,215
Speaker 10: You haven't allowed the nighbor to build or do anything different.

1471
01:21:45,535 --> 01:21:47,775
Speaker 2: So you're looking for that, Okay, Yeah, so.

1472
01:21:47,735 --> 01:21:51,775
Speaker 10: Think about that in your Salem purchase. So that covers

1473
01:21:51,775 --> 01:21:54,935
Speaker 10: the period while the vendors owned it. But we actually

1474
01:21:54,975 --> 01:21:57,975
Speaker 10: go further. We actually go what happened before and what

1475
01:21:58,055 --> 01:22:00,335
Speaker 10: else is going on with the property. So I think

1476
01:22:00,375 --> 01:22:02,535
Speaker 10: you've got to go a bit wider you've really Now

1477
01:22:02,655 --> 01:22:04,855
Speaker 10: if we jump back a step, Peter, and we go

1478
01:22:04,935 --> 01:22:07,975
Speaker 10: back to the listing point, and this is the contract

1479
01:22:07,975 --> 01:22:12,575
Speaker 10: between the vendor and the agent. Okay, ask then, and

1480
01:22:12,655 --> 01:22:14,535
Speaker 10: there we're asking lots of questions.

1481
01:22:15,855 --> 01:22:19,935
Speaker 2: Now slightly tricky question for you. So let's say I'm

1482
01:22:19,975 --> 01:22:22,295
Speaker 2: about to sell my house and I decide, right, I

1483
01:22:22,375 --> 01:22:25,695
Speaker 2: want to list it with you this choice it would

1484
01:22:25,735 --> 01:22:27,655
Speaker 2: be a good choice, but we don't live in the

1485
01:22:27,655 --> 01:22:31,615
Speaker 2: same area. But anyway, so I decide that I'm going

1486
01:22:31,655 --> 01:22:33,735
Speaker 2: to sell the house. I want to list with an agent.

1487
01:22:34,135 --> 01:22:37,335
Speaker 2: So in terms of your agency, you would then sit

1488
01:22:37,415 --> 01:22:41,175
Speaker 2: with me and go through what sounds like quite an

1489
01:22:41,175 --> 01:22:45,055
Speaker 2: extensive questioning. Okay, and what's included in that?

1490
01:22:45,295 --> 01:22:47,695
Speaker 10: So there's an agency for more. The big agents or

1491
01:22:47,735 --> 01:22:49,695
Speaker 10: agencies are about the same, you know, they've got the

1492
01:22:49,735 --> 01:22:52,775
Speaker 10: same sort of questions, which is have there been any

1493
01:22:52,815 --> 01:22:55,215
Speaker 10: events at the property? Has there been any damage on

1494
01:22:55,255 --> 01:22:58,455
Speaker 10: the property, any flooding? Is there any problems? You know,

1495
01:22:59,735 --> 01:23:02,615
Speaker 10: it just keeps going and going and going. At our

1496
01:23:02,695 --> 01:23:05,895
Speaker 10: team sitting out with Ray White and the base, we

1497
01:23:05,975 --> 01:23:10,335
Speaker 10: add even more pages. So we've got another list and

1498
01:23:10,375 --> 01:23:13,455
Speaker 10: it just asks everything and it actually asks everything that

1499
01:23:13,495 --> 01:23:16,495
Speaker 10: we've seen is a problem in the past, we ask again,

1500
01:23:17,375 --> 01:23:19,735
Speaker 10: So if we've seen it pop up on another house,

1501
01:23:19,775 --> 01:23:22,215
Speaker 10: we ask on this out. Yeah. So there the vendor

1502
01:23:22,255 --> 01:23:24,175
Speaker 10: makes the declaration. It's a yes or no. You know,

1503
01:23:24,215 --> 01:23:25,095
Speaker 10: has there been a problem?

1504
01:23:25,135 --> 01:23:25,375
Speaker 5: Yes?

1505
01:23:25,495 --> 01:23:25,655
Speaker 3: No?

1506
01:23:25,975 --> 01:23:26,735
Speaker 10: Or unknown?

1507
01:23:27,975 --> 01:23:31,095
Speaker 2: Okay? Now, if a vendor you know, because not all

1508
01:23:31,135 --> 01:23:34,175
Speaker 2: of us are building experts, right, and you know, I've

1509
01:23:34,215 --> 01:23:37,055
Speaker 2: met people that couldn't describe what sort of clatting they

1510
01:23:37,095 --> 01:23:40,815
Speaker 2: have right on their house. So and that's okay. So

1511
01:23:40,935 --> 01:23:44,895
Speaker 2: if you have little knowledge and you don't know and

1512
01:23:44,935 --> 01:23:47,015
Speaker 2: you take unknown, is that fair?

1513
01:23:47,415 --> 01:23:47,575
Speaker 4: Yeah?

1514
01:23:47,575 --> 01:23:49,815
Speaker 10: It is fair. It is fair. And to a degree,

1515
01:23:49,855 --> 01:23:52,295
Speaker 10: the agent's in the same boat. Now, they should obviously

1516
01:23:52,375 --> 01:23:54,335
Speaker 10: know the exterior clatting and they're going to know which

1517
01:23:54,335 --> 01:23:56,735
Speaker 10: ones have got more risk, and they've got to tell

1518
01:23:56,775 --> 01:23:59,535
Speaker 10: a buyer about that. You know that this is a

1519
01:23:59,575 --> 01:24:04,855
Speaker 10: monolothical plastic. Sure, they'll highlight that for them. If it's

1520
01:24:04,935 --> 01:24:07,455
Speaker 10: something that's buried in the agent can't see it or

1521
01:24:07,535 --> 01:24:09,815
Speaker 10: the owner can't see it, that's cool. But if they

1522
01:24:09,855 --> 01:24:12,375
Speaker 10: should be aware of it, yes, then they've got to

1523
01:24:12,375 --> 01:24:14,455
Speaker 10: do something about it. So the agent actually gives the

1524
01:24:14,495 --> 01:24:17,935
Speaker 10: vendor a bit of guidance. Here's the interesting thing. The

1525
01:24:18,055 --> 01:24:20,815
Speaker 10: vendor can take the guidance or not. So this this

1526
01:24:20,895 --> 01:24:22,295
Speaker 10: is going to be I think this is going to

1527
01:24:22,295 --> 01:24:25,255
Speaker 10: surprise a lot of people. The vendor can say, yep,

1528
01:24:25,295 --> 01:24:27,815
Speaker 10: I've got a problem, but you're not allowed to tell anybody.

1529
01:24:28,575 --> 01:24:33,055
Speaker 10: You imagine that the agent has then has to caution

1530
01:24:33,135 --> 01:24:36,135
Speaker 10: the vendor and say we should disclose it. But if

1531
01:24:36,215 --> 01:24:38,495
Speaker 10: you don't want to disclose it, I have to walk

1532
01:24:38,535 --> 01:24:40,335
Speaker 10: away from the listing. I can't represent you.

1533
01:24:40,975 --> 01:24:43,535
Speaker 2: Do all agents have to walk away from the list?

1534
01:24:44,895 --> 01:24:45,095
Speaker 4: Yeah?

1535
01:24:45,375 --> 01:24:50,455
Speaker 10: Yeah, it's it's Aria rules, government rules. Yeah, absolutely, all right.

1536
01:24:50,495 --> 01:24:53,215
Speaker 2: So if I decide, well, look, I've I've done something.

1537
01:24:53,255 --> 01:24:55,935
Speaker 2: I know it's slightly dodgy, but I you know, I

1538
01:24:55,975 --> 01:24:58,975
Speaker 2: don't want to tell you, then you should walk away.

1539
01:24:59,015 --> 01:25:02,535
Speaker 2: Let's say you are aware that you know, maybe you

1540
01:25:02,695 --> 01:25:04,695
Speaker 2: added a deck and you kind of knew that you

1541
01:25:04,775 --> 01:25:07,815
Speaker 2: needed consent for it, but you didn't get one, or

1542
01:25:07,935 --> 01:25:10,415
Speaker 2: you as an agent realized, well, hang on, that decks

1543
01:25:10,615 --> 01:25:12,535
Speaker 2: over a meter high and it doesn't have a handrail

1544
01:25:12,575 --> 01:25:15,815
Speaker 2: in and should have something like that. Basic practical stuff

1545
01:25:15,815 --> 01:25:18,695
Speaker 2: that from your experience you'd know about. What's the process?

1546
01:25:18,735 --> 01:25:20,415
Speaker 2: Then what would you do in the listing.

1547
01:25:20,975 --> 01:25:24,015
Speaker 10: Noted on the listing. Yep, make sure you disclose it

1548
01:25:24,055 --> 01:25:27,175
Speaker 10: to the buyers. Yes, so in fact that check sheet.

1549
01:25:28,055 --> 01:25:29,895
Speaker 10: When we first did it, I thought, oh my god,

1550
01:25:29,935 --> 01:25:31,895
Speaker 10: look the vendors are going to get pretty ansy about this.

1551
01:25:33,255 --> 01:25:38,135
Speaker 10: We're explaining everything. But we actually added a little bit

1552
01:25:38,175 --> 01:25:39,975
Speaker 10: at the end. It was pretty cool. We actually added,

1553
01:25:40,695 --> 01:25:42,855
Speaker 10: you know, the vendor discloses you know, this is everything,

1554
01:25:42,935 --> 01:25:45,495
Speaker 10: and the agent's aware of it. And the agent must

1555
01:25:45,495 --> 01:25:47,495
Speaker 10: tell the buyer before the buyer makes an offer. All

1556
01:25:47,495 --> 01:25:50,095
Speaker 10: bids at auction and then they sign it. So we

1557
01:25:50,135 --> 01:25:53,055
Speaker 10: now give it to all buyers. So the problem that

1558
01:25:53,135 --> 01:25:56,655
Speaker 10: you described that costs somebody twenty thousand dollars. If we've

1559
01:25:56,655 --> 01:25:58,575
Speaker 10: got a problem and we've told them about it and

1560
01:25:58,575 --> 01:26:02,295
Speaker 10: we've made it very clear to the buyer and they proceed,

1561
01:26:02,655 --> 01:26:05,855
Speaker 10: then the buyer owns at and you can and sorry, Peter,

1562
01:26:05,935 --> 01:26:08,295
Speaker 10: you can. There's a clause in the contract. So we

1563
01:26:08,375 --> 01:26:12,575
Speaker 10: may have clauses saying look there's unconsented work may or

1564
01:26:12,615 --> 01:26:18,055
Speaker 10: may not required. Bathroom is a good example. Everybody tells it,

1565
01:26:18,095 --> 01:26:22,455
Speaker 10: tells us the bathroom was like for like, yeah, no

1566
01:26:22,495 --> 01:26:26,255
Speaker 10: one ever moved anything in Orca. So you've got to

1567
01:26:26,295 --> 01:26:29,495
Speaker 10: be pretty careful about that, and now vendors making a

1568
01:26:29,575 --> 01:26:32,295
Speaker 10: warranty on that, so they've got to be pretty careful,

1569
01:26:32,415 --> 01:26:36,295
Speaker 10: or producer statements, checking up on producer statements and sign offs.

1570
01:26:36,615 --> 01:26:39,535
Speaker 10: So sometimes if it's unclear, we'll have a clause just

1571
01:26:39,575 --> 01:26:42,535
Speaker 10: saying it's unclear yep, may or not, may or may

1572
01:26:42,535 --> 01:26:46,375
Speaker 10: not have required a consent, yes, and then the person procedure.

1573
01:26:46,495 --> 01:26:51,975
Speaker 2: But it's all around that disclosure. Yeah, yeah, okay, And

1574
01:26:52,015 --> 01:26:54,535
Speaker 2: obviously in terms of sale and purchase, you know, if

1575
01:26:54,575 --> 01:26:57,615
Speaker 2: there's work that needed a consent but clearly didn't have one,

1576
01:26:57,695 --> 01:27:00,055
Speaker 2: you can still put a property on the market. Yep,

1577
01:27:00,175 --> 01:27:03,455
Speaker 2: with that as long as you declare it. Absolutely, absolutely,

1578
01:27:05,135 --> 01:27:07,935
Speaker 2: just I'm just thinking about this particular case. So in

1579
01:27:07,975 --> 01:27:12,175
Speaker 2: this instance here, the vendor was, for want of a

1580
01:27:12,175 --> 01:27:16,815
Speaker 2: better term, duplicitous, right, they were aware that there was

1581
01:27:16,855 --> 01:27:19,855
Speaker 2: a defect. They didn't declare that in the sale and

1582
01:27:19,855 --> 01:27:23,655
Speaker 2: purchase agreement. Is it that that would have allowed the

1583
01:27:23,695 --> 01:27:28,375
Speaker 2: new owner to seek redress from them? The fact that

1584
01:27:28,415 --> 01:27:29,495
Speaker 2: they didn't declare it.

1585
01:27:30,255 --> 01:27:32,575
Speaker 10: Yeah, they were aware of you if you took that

1586
01:27:32,855 --> 01:27:35,375
Speaker 10: as being the facts, they were aware of it, They

1587
01:27:35,455 --> 01:27:38,695
Speaker 10: had it and tried to get away with it. So

1588
01:27:38,735 --> 01:27:40,415
Speaker 10: if I'm talking to a vendor, I'll say, if you

1589
01:27:40,495 --> 01:27:43,975
Speaker 10: know something, let's just tell them. And here's what I found, Peter.

1590
01:27:45,175 --> 01:27:47,695
Speaker 10: If you tell a buyer early enough, if a buyer

1591
01:27:48,015 --> 01:27:50,935
Speaker 10: loves the property, yes, yeah, And this is what they

1592
01:27:50,975 --> 01:27:52,655
Speaker 10: sound like when they love a property. They say, when

1593
01:27:52,695 --> 01:27:55,175
Speaker 10: I don't really like it, that's that's a code for

1594
01:27:55,255 --> 01:27:57,615
Speaker 10: I really loved this. We really want to be you know.

1595
01:27:58,495 --> 01:28:00,775
Speaker 10: Then if you tell them about the problems up front,

1596
01:28:00,815 --> 01:28:02,775
Speaker 10: they still love it. Sure, and they want to jump

1597
01:28:02,815 --> 01:28:04,855
Speaker 10: through hoops the same as we do a building inspection

1598
01:28:05,335 --> 01:28:08,295
Speaker 10: and it finds some use. The buyer hates that as

1599
01:28:08,375 --> 01:28:11,175
Speaker 10: much as the vendor. You know, they want that house. Yeah,

1600
01:28:11,335 --> 01:28:13,935
Speaker 10: So if you disclose upfront and they're aware of it,

1601
01:28:13,975 --> 01:28:18,535
Speaker 10: then absolutely In that case, the vendor had something. It's

1602
01:28:18,575 --> 01:28:23,295
Speaker 10: interesting somehow they found out or discovered that. And Auckland,

1603
01:28:23,935 --> 01:28:27,815
Speaker 10: New Zealand, such a small little village that you know,

1604
01:28:27,935 --> 01:28:30,175
Speaker 10: probably the first builder they had through the house to

1605
01:28:30,215 --> 01:28:32,335
Speaker 10: do something said oh yeah, I checked this for the

1606
01:28:32,415 --> 01:28:36,135
Speaker 10: last owner. It tells them. Yeah, it's a pretty small world.

1607
01:28:36,375 --> 01:28:36,455
Speaker 6: Ye.

1608
01:28:36,895 --> 01:28:39,495
Speaker 10: So those sorts of things happen. So yeah, if you

1609
01:28:39,535 --> 01:28:42,095
Speaker 10: know something, tell them if you think there might be

1610
01:28:42,135 --> 01:28:45,695
Speaker 10: a problem, investigate and then tell them yep.

1611
01:28:46,615 --> 01:28:48,815
Speaker 2: But it is quite clear in the sale and purchase

1612
01:28:48,855 --> 01:28:52,095
Speaker 2: agreement what level of disclosure you're expected yep.

1613
01:28:52,375 --> 01:28:56,375
Speaker 10: Okay, which is around work you have done right now,

1614
01:28:56,415 --> 01:28:59,575
Speaker 10: it's silent on previous works, yes, but inherent in the

1615
01:28:59,975 --> 01:29:03,375
Speaker 10: contractors that you haven't misled them. So if you're aware

1616
01:29:03,455 --> 01:29:05,655
Speaker 10: of previous I think you should look at that decks

1617
01:29:05,695 --> 01:29:08,455
Speaker 10: or a good exams so I won't earnly be building,

1618
01:29:08,495 --> 01:29:11,175
Speaker 10: it will be title. Somebody has added a deck on

1619
01:29:11,215 --> 01:29:14,415
Speaker 10: a cross lease or a balcony, and now the footprint

1620
01:29:14,415 --> 01:29:17,375
Speaker 10: looks different, yeah, and somebody goes, well it's always been

1621
01:29:17,455 --> 01:29:20,095
Speaker 10: like that, Yeah, but you know what the rules are

1622
01:29:20,095 --> 01:29:22,775
Speaker 10: tighter now. You know, people are making discovery.

1623
01:29:22,535 --> 01:29:24,375
Speaker 2: Just on that whole cross Ley's thing, because it's come

1624
01:29:24,455 --> 01:29:26,775
Speaker 2: up with some friends of mine that have purchased recently

1625
01:29:26,895 --> 01:29:29,695
Speaker 2: where you know, when they're doing the due diligence, they've

1626
01:29:29,735 --> 01:29:32,575
Speaker 2: found that, in fact, the other property on the cross

1627
01:29:32,655 --> 01:29:35,895
Speaker 2: lease added for example, a deck or a balcony, didn't

1628
01:29:35,975 --> 01:29:39,255
Speaker 2: update the flats plan correct. That can be quite an.

1629
01:29:39,095 --> 01:29:43,335
Speaker 10: Issue absolutely, So now the flats plan is defective. Right,

1630
01:29:43,815 --> 01:29:46,815
Speaker 10: So yeah, here's the evolution of a realistat agent. You know,

1631
01:29:46,895 --> 01:29:50,335
Speaker 10: and I don't record this, but I know anybody listening

1632
01:29:50,375 --> 01:29:53,655
Speaker 10: stop listening. You know, twenty years ago it was you know,

1633
01:29:53,695 --> 01:29:56,455
Speaker 10: we we sort of didn't want to hear anything, didn't

1634
01:29:56,455 --> 01:29:57,135
Speaker 10: want to know anything.

1635
01:29:57,215 --> 01:30:00,495
Speaker 2: Yes, sure, and industry ran you know, yes.

1636
01:30:00,735 --> 01:30:04,175
Speaker 10: Then it became more, well, if you know about it,

1637
01:30:04,175 --> 01:30:06,615
Speaker 10: you should do something about it. And then it came

1638
01:30:07,255 --> 01:30:12,015
Speaker 10: you should actually discover and have some intelligence around looking

1639
01:30:12,055 --> 01:30:16,095
Speaker 10: for what might be a problem because they exist. And

1640
01:30:16,135 --> 01:30:19,935
Speaker 10: then on top of that, also sort of halfway through

1641
01:30:19,935 --> 01:30:22,295
Speaker 10: that period was if the vendicit it's all okay, you went,

1642
01:30:22,335 --> 01:30:25,055
Speaker 10: thank god, the vendor set it's okay. We're now at

1643
01:30:25,095 --> 01:30:27,295
Speaker 10: a point now, and it has been for a period

1644
01:30:27,335 --> 01:30:30,015
Speaker 10: of years where we go, if that's the case, what's

1645
01:30:30,055 --> 01:30:33,735
Speaker 10: the evidence, right, So vender goes it's all okay, So

1646
01:30:33,895 --> 01:30:36,015
Speaker 10: well it doesn't seem to be what's the evidence. Let's

1647
01:30:36,015 --> 01:30:37,215
Speaker 10: get a builder through to check this.

1648
01:30:37,575 --> 01:30:41,335
Speaker 2: Yeah, okay. Now, one of the phrases that's often used

1649
01:30:41,335 --> 01:30:43,855
Speaker 2: in terms of real estate agents in particular, well, there's

1650
01:30:43,855 --> 01:30:45,255
Speaker 2: a number of phrases, but the one I'm going to

1651
01:30:45,375 --> 01:30:49,015
Speaker 2: choose is duty to disclose. How do you see that?

1652
01:30:49,015 --> 01:30:51,215
Speaker 2: What does that mean for you? As an agent. Duty

1653
01:30:51,295 --> 01:30:54,695
Speaker 2: to disclose in terms of I'm coming through an open home, yep,

1654
01:30:54,735 --> 01:30:58,375
Speaker 2: and I ask you a question, and the duty to

1655
01:30:58,415 --> 01:31:00,695
Speaker 2: disclose is you tell me everything you know about the property.

1656
01:31:00,815 --> 01:31:01,055
Speaker 2: Is that?

1657
01:31:01,775 --> 01:31:05,055
Speaker 10: How do you see It's here's the balance. Duty of

1658
01:31:05,135 --> 01:31:09,255
Speaker 10: care to a buyer fiduciary. Care to a vendor fiduciary

1659
01:31:09,415 --> 01:31:11,575
Speaker 10: is the highest level they're in front of, even me.

1660
01:31:11,895 --> 01:31:14,375
Speaker 10: I do everything for them. I tell them everything I know,

1661
01:31:14,415 --> 01:31:17,215
Speaker 10: and I protect their interests. On the buyer's side, I've

1662
01:31:17,215 --> 01:31:19,055
Speaker 10: got to take care of the buyer, make sure the

1663
01:31:19,055 --> 01:31:22,575
Speaker 10: buyer is okay. So disclosures through there is an agent.

1664
01:31:22,615 --> 01:31:24,695
Speaker 10: If you know it, you must tell them. If you

1665
01:31:24,775 --> 01:31:27,015
Speaker 10: should know it, or you should have looked at something

1666
01:31:27,055 --> 01:31:30,455
Speaker 10: and seen an issue, then you should tell them. And remember,

1667
01:31:30,455 --> 01:31:33,175
Speaker 10: if the vendor tells the agent, hey, I want you

1668
01:31:33,215 --> 01:31:37,375
Speaker 10: to stay silent. The agent their legal positions, I must

1669
01:31:37,375 --> 01:31:39,975
Speaker 10: walk away from the listing. So then we just caution

1670
01:31:40,055 --> 01:31:41,975
Speaker 10: the vendor. Every vendor goes hard. I don't want everybody

1671
01:31:41,975 --> 01:31:44,975
Speaker 10: to know about that, but if it's material, we just

1672
01:31:45,055 --> 01:31:47,335
Speaker 10: manage it. So yeah, if I'm aware of it as

1673
01:31:47,375 --> 01:31:51,015
Speaker 10: an agent, I tell the purchases and if I can

1674
01:31:51,055 --> 01:31:53,975
Speaker 10: add another way, please you've got to be careful what

1675
01:31:54,015 --> 01:31:59,455
Speaker 10: you're representing. You know, it's crazy to me, But say

1676
01:31:59,455 --> 01:32:03,335
Speaker 10: we run an auction, I don't know, and there's half

1677
01:32:03,375 --> 01:32:05,735
Speaker 10: of the buyers have not done building inspections and the

1678
01:32:05,775 --> 01:32:10,415
Speaker 10: other half have. Ye, then we have three building inspections,

1679
01:32:10,415 --> 01:32:14,815
Speaker 10: we get three different answers. Now, a buyer quite often

1680
01:32:14,855 --> 01:32:17,375
Speaker 10: will come to us and say there's a problem from

1681
01:32:17,535 --> 01:32:20,375
Speaker 10: their building inspection. But now we've got to work out

1682
01:32:20,375 --> 01:32:23,055
Speaker 10: what's the true case. So we get the vendor to

1683
01:32:23,135 --> 01:32:25,695
Speaker 10: check it. Also, they're builder to check it, and then

1684
01:32:25,695 --> 01:32:29,215
Speaker 10: we've got to make a decision what's the correct representation here.

1685
01:32:29,815 --> 01:32:31,975
Speaker 10: And if I roll that back one stage further, and

1686
01:32:32,135 --> 01:32:35,535
Speaker 10: everybody who's thinking of selling, I suggest this, before you

1687
01:32:35,615 --> 01:32:38,255
Speaker 10: go to markets the vendor, get a builder to check

1688
01:32:38,295 --> 01:32:41,695
Speaker 10: your property. Right, like one of your buyers is going interesting, Yeah,

1689
01:32:42,055 --> 01:32:45,215
Speaker 10: So why engage your agent? Why spend six seven eight

1690
01:32:45,255 --> 01:32:47,975
Speaker 10: thousand dollars in marketing to get tripped up?

1691
01:32:48,335 --> 01:32:48,575
Speaker 5: Yep?

1692
01:32:49,055 --> 01:32:52,735
Speaker 10: Just get a builder through for your own benefit. Yes,

1693
01:32:52,775 --> 01:32:54,935
Speaker 10: so you've got confidence to go to market.

1694
01:32:55,855 --> 01:32:57,175
Speaker 2: Just on that. And we've got to take a break

1695
01:32:57,175 --> 01:32:59,615
Speaker 2: in a second. But I remember a couple of years

1696
01:32:59,615 --> 01:33:02,455
Speaker 2: ago I was asked to do a building condition report

1697
01:33:02,495 --> 01:33:04,495
Speaker 2: on a property that was about to go to market.

1698
01:33:04,535 --> 01:33:07,855
Speaker 2: The intention was that the vendor would then have that

1699
01:33:08,015 --> 01:33:12,215
Speaker 2: available for anyone who was interested in the property as

1700
01:33:12,255 --> 01:33:15,815
Speaker 2: a purchaser. Would you accept a building report that you

1701
01:33:15,855 --> 01:33:17,055
Speaker 2: didn't commission.

1702
01:33:16,815 --> 01:33:19,415
Speaker 10: No, because you've got you've got no redress, you've got

1703
01:33:19,455 --> 01:33:21,935
Speaker 10: a party to that. You know there'll be disclaimers at

1704
01:33:21,935 --> 01:33:25,695
Speaker 10: the bottom. So yeah, and agencies do it a little

1705
01:33:25,695 --> 01:33:28,255
Speaker 10: bit differently. But the trickis I really like, is the

1706
01:33:28,335 --> 01:33:31,215
Speaker 10: vendor does it for themselves? Yep, And if there's anything

1707
01:33:31,215 --> 01:33:33,655
Speaker 10: that they need to sort out, they sort it out.

1708
01:33:33,815 --> 01:33:34,055
Speaker 5: Yes.

1709
01:33:34,095 --> 01:33:36,655
Speaker 10: And when a buyer asks, you know, has the vendored

1710
01:33:36,695 --> 01:33:38,855
Speaker 10: on a building in specially, we say yeah, absolutely for

1711
01:33:38,935 --> 01:33:41,335
Speaker 10: their own benefit. And they found I can think of

1712
01:33:41,335 --> 01:33:43,495
Speaker 10: one right now. They found there was an issue with

1713
01:33:43,495 --> 01:33:45,815
Speaker 10: this flashing. Yes, it lifted in the storm, but a

1714
01:33:45,895 --> 01:33:48,335
Speaker 10: water got in the flashing up there that you can

1715
01:33:48,375 --> 01:33:52,015
Speaker 10: see has been fully repaired and that's the integrity of

1716
01:33:52,055 --> 01:33:54,735
Speaker 10: the flashing. And when you go to buy it, you'll

1717
01:33:54,775 --> 01:33:57,775
Speaker 10: do your own building inspection. So that to me, that's

1718
01:33:57,815 --> 01:34:01,215
Speaker 10: a really a nice loop there that's closed off.

1719
01:34:01,495 --> 01:34:01,735
Speaker 6: Yeah.

1720
01:34:01,975 --> 01:34:05,815
Speaker 2: Okay, Wayne doesn't know this, but I've had so many

1721
01:34:05,855 --> 01:34:08,455
Speaker 2: texts t I'm going to just We're going to do

1722
01:34:08,975 --> 01:34:12,535
Speaker 2: like twenty questions and five minutes after the break back

1723
01:34:12,575 --> 01:34:15,615
Speaker 2: in a moment, Right, It's time for some subtle summer

1724
01:34:15,735 --> 01:34:18,575
Speaker 2: loving at Still Shop, finding your perfect match of tools

1725
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Speaker 2: for your garden this long weekend, head into one of

1726
01:34:21,815 --> 01:34:26,175
Speaker 2: fifteen stores Auckland wide, or check out the summer offers online.

1727
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Speaker 2: Simply swipe bright on your selected tools of your dreams

1728
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1729
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Speaker 2: and even better news, Still accessories come with free accessories.

1730
01:34:37,335 --> 01:34:40,295
Speaker 2: Buy one or by two get one free option on

1731
01:34:40,375 --> 01:34:44,935
Speaker 2: all selected products, and that is beyond the ten percent

1732
01:34:45,095 --> 01:34:49,575
Speaker 2: off selected accessories not already on promotion. That offer ends

1733
01:34:49,575 --> 01:34:51,895
Speaker 2: on the thirty first of January. So when you buy

1734
01:34:52,015 --> 01:34:55,135
Speaker 2: at Still Shop and you say yes to expert advice

1735
01:34:55,175 --> 01:34:59,655
Speaker 2: and quality equipment, fully assembled, fueled up, battery charge, ready

1736
01:34:59,655 --> 01:35:02,815
Speaker 2: to go, Still Shop, you know you're in safe hands.

1737
01:35:03,175 --> 01:35:07,095
Speaker 2: On site product servicing online click and collector home delivery.

1738
01:35:07,335 --> 01:35:11,335
Speaker 2: Fifteen Still shops right across Auckland. Visit one this weekend.

1739
01:35:12,695 --> 01:35:16,255
Speaker 2: News talk z b Right he oh Wayne Maguire from

1740
01:35:16,495 --> 01:35:19,175
Speaker 2: Ray Whites in the Base in the Eastern Base around

1741
01:35:19,455 --> 01:35:21,895
Speaker 2: Mission Bay and that sort of thing. We've got you

1742
01:35:21,935 --> 01:35:24,295
Speaker 2: for another four minutes. I'm going to hate you with us.

1743
01:35:24,335 --> 01:35:27,495
Speaker 2: We've got so many Texas is great? Right, Oh, here

1744
01:35:27,495 --> 01:35:29,695
Speaker 2: we go. Please ask the real estate guy that you

1745
01:35:29,775 --> 01:35:32,735
Speaker 2: wang what they mean when they say plus GST.

1746
01:35:32,855 --> 01:35:36,815
Speaker 10: If any okay, So that's quick fire answers. That's on

1747
01:35:36,895 --> 01:35:40,295
Speaker 10: the contract that sits there inherently. If it's a Rizzi

1748
01:35:40,375 --> 01:35:43,335
Speaker 10: property residential, then it's fairly well. I'm not going to apply.

1749
01:35:43,855 --> 01:35:46,975
Speaker 10: No agent's going to answer that if the vendor is

1750
01:35:47,535 --> 01:35:51,015
Speaker 10: What they'll answer is if the vendor is registered for GST, Yes,

1751
01:35:51,255 --> 01:35:54,935
Speaker 10: and the buyers registered for GST, then yes, it will apply.

1752
01:35:55,535 --> 01:35:58,375
Speaker 10: We will always direct everybody back to their accountant and

1753
01:35:58,415 --> 01:36:00,295
Speaker 10: to their lawyer. It scares us too.

1754
01:36:00,375 --> 01:36:03,935
Speaker 2: Okay, all right? A question? Should the vendor advise if

1755
01:36:03,935 --> 01:36:05,415
Speaker 2: someone has passed away in the home?

1756
01:36:05,575 --> 01:36:13,095
Speaker 10: Yeah, if it is. If it's a violent event, then

1757
01:36:13,415 --> 01:36:17,695
Speaker 10: the answer is yes. If it's sensitive to the buyer,

1758
01:36:17,855 --> 01:36:18,655
Speaker 10: then yes.

1759
01:36:19,535 --> 01:36:26,095
Speaker 2: Right Okay. Someone has suggested must have end or disclose

1760
01:36:26,215 --> 01:36:30,855
Speaker 2: a proposed motorway that will pass approximately five hundred meters

1761
01:36:30,895 --> 01:36:32,215
Speaker 2: from a property for sale.

1762
01:36:32,375 --> 01:36:35,015
Speaker 10: They should the end, the buyer should right sorry. The

1763
01:36:35,455 --> 01:36:40,135
Speaker 10: agent should absolutely and the buyer when you as your

1764
01:36:40,255 --> 01:36:43,535
Speaker 10: due diligence you're building inspection, you'll also request a limb.

1765
01:36:44,255 --> 01:36:46,255
Speaker 10: You should be looking for that sort of detail sitting

1766
01:36:46,295 --> 01:36:49,415
Speaker 10: in there too, Okay, absolutely, and sorry. An agent should

1767
01:36:49,415 --> 01:36:51,615
Speaker 10: be aware of something like that, right.

1768
01:36:52,975 --> 01:36:56,335
Speaker 2: It's putting a lot of responsibility on the agent.

1769
01:36:56,775 --> 01:37:00,415
Speaker 10: Absolutely, they've got to be very very careful, very diligent,

1770
01:37:00,455 --> 01:37:02,615
Speaker 10: and they've got to know the area. So now now

1771
01:37:02,655 --> 01:37:04,815
Speaker 10: agents that try and sell out of area, yes, they've

1772
01:37:04,815 --> 01:37:05,575
Speaker 10: got to be careful.

1773
01:37:06,455 --> 01:37:11,335
Speaker 2: Absolutely. Text from Paul. If you put as is clause

1774
01:37:11,495 --> 01:37:14,055
Speaker 2: in the sale and purchase agreement, does this cover you

1775
01:37:14,175 --> 01:37:16,655
Speaker 2: for any previous problems?

1776
01:37:16,935 --> 01:37:20,495
Speaker 10: It's a very good practice, Paul. Do that cross out

1777
01:37:20,495 --> 01:37:22,895
Speaker 10: the vendor warranties that are in there and make it

1778
01:37:22,975 --> 01:37:25,775
Speaker 10: absolutely clear as is we're as we're selling a property

1779
01:37:25,815 --> 01:37:28,175
Speaker 10: like that in Mission Bay right now, as is, we're

1780
01:37:28,215 --> 01:37:33,135
Speaker 10: as no warranties and no representations because we're not aware.

1781
01:37:33,255 --> 01:37:36,655
Speaker 10: But we're saying this clearly is a property where it's

1782
01:37:36,695 --> 01:37:37,495
Speaker 10: as as we're.

1783
01:37:37,335 --> 01:37:40,455
Speaker 2: As right, Okay, And I mean that's okay, isn't it?

1784
01:37:40,815 --> 01:37:43,095
Speaker 2: Because if you're looking to buy a do up, then

1785
01:37:43,495 --> 01:37:46,695
Speaker 2: the fact that it's unconsented or falling down or whatever.

1786
01:37:47,055 --> 01:37:49,615
Speaker 2: As a purchaser, that's what you're after.

1787
01:37:49,775 --> 01:37:52,375
Speaker 10: One hundred percent. And okay, so I'll be at that

1788
01:37:52,375 --> 01:37:55,015
Speaker 10: one this morning. I was there last Sunday on the opens.

1789
01:37:56,095 --> 01:37:58,975
Speaker 10: People that came through that look like qualified builders. You know, yep,

1790
01:37:59,255 --> 01:38:00,415
Speaker 10: you guys have got a bit of a look to

1791
01:38:00,455 --> 01:38:03,775
Speaker 10: you better. Yes, they were cool, you know, so they go, Yeah,

1792
01:38:04,055 --> 01:38:05,455
Speaker 10: I'll come back and have a look during the week.

1793
01:38:05,655 --> 01:38:08,695
Speaker 10: People that came through, like first home buyers looking for

1794
01:38:08,975 --> 01:38:12,255
Speaker 10: a renovation or redecoration. I said, I think this is

1795
01:38:12,295 --> 01:38:14,975
Speaker 10: probably too much. Go and find an easier one, so

1796
01:38:15,015 --> 01:38:17,135
Speaker 10: we give that's the duty of care to the purchaser.

1797
01:38:17,335 --> 01:38:20,415
Speaker 2: Okay, someone's about to replace a twenty year old deck

1798
01:38:20,455 --> 01:38:24,055
Speaker 2: on an exclusive use area of my cross lease property.

1799
01:38:24,135 --> 01:38:27,095
Speaker 2: The deck is not on the plan, but does not

1800
01:38:27,295 --> 01:38:30,935
Speaker 2: have an overhang and is under one meter off the ground.

1801
01:38:31,015 --> 01:38:33,455
Speaker 2: My lawyer said, I do not need to add it

1802
01:38:33,495 --> 01:38:35,855
Speaker 2: to the site plan or get a building consent. It's

1803
01:38:35,855 --> 01:38:38,655
Speaker 2: probably right about the building consent. But what's the issue

1804
01:38:38,695 --> 01:38:41,255
Speaker 2: with decks being added to properties that are on a

1805
01:38:41,295 --> 01:38:44,015
Speaker 2: cross lease because someone else has said it's not enclosed

1806
01:38:44,095 --> 01:38:46,535
Speaker 2: or attached. Ye, therefore you don't have to addit to

1807
01:38:46,575 --> 01:38:47,175
Speaker 2: the site plan.

1808
01:38:47,335 --> 01:38:49,055
Speaker 10: Yeah, I'll give you. I'll give you a check answer.

1809
01:38:49,095 --> 01:38:51,415
Speaker 10: And this is the way law works. It is the

1810
01:38:51,535 --> 01:38:54,695
Speaker 10: vendor's lawyer will have one opinion and the purchas's lawyer

1811
01:38:54,735 --> 01:38:57,615
Speaker 10: might have another one. Yeah, so I think refer back

1812
01:38:57,615 --> 01:39:00,175
Speaker 10: to your lawyer. If your lawyer is pretty cool with that,

1813
01:39:01,255 --> 01:39:04,135
Speaker 10: I think you need to run with that. They they're

1814
01:39:04,175 --> 01:39:06,655
Speaker 10: the experts on titles. Yeah, okay, we would look at

1815
01:39:06,655 --> 01:39:08,055
Speaker 10: it and we would say, okay, I think we need

1816
01:39:08,095 --> 01:39:11,335
Speaker 10: to check this. Yes, absolutely, I'd be careful around that one.

1817
01:39:11,655 --> 01:39:13,935
Speaker 2: This tricky one. A real estate agent told me last

1818
01:39:13,935 --> 01:39:16,695
Speaker 2: week that if I did a builder's report for my house,

1819
01:39:16,735 --> 01:39:19,775
Speaker 2: which I'm planning to sell, that somebody buying my house

1820
01:39:19,815 --> 01:39:23,095
Speaker 2: could then buy the builder's report off me. Is that true?

1821
01:39:23,935 --> 01:39:27,015
Speaker 10: There's building companies that do that. So they say, hey, Pete,

1822
01:39:27,295 --> 01:39:29,015
Speaker 10: i'll pick a number here. It won't be this number.

1823
01:39:29,095 --> 01:39:31,415
Speaker 10: They say, hey, Peter, I'll charge you five hundred bucks

1824
01:39:31,935 --> 01:39:34,295
Speaker 10: on the basis that it should have been about one

1825
01:39:34,295 --> 01:39:38,175
Speaker 10: thousand dollars report. But anybody subsequent, any of your purchases,

1826
01:39:38,215 --> 01:39:41,095
Speaker 10: can buy it off. My company also a building company

1827
01:39:41,335 --> 01:39:45,055
Speaker 10: for two point fifty yep, so I have seen that done.

1828
01:39:45,175 --> 01:39:48,255
Speaker 2: Yeah okay, But again it goes back to our issue

1829
01:39:48,735 --> 01:39:50,695
Speaker 2: we were talking about earlier about you know, if you're

1830
01:39:50,735 --> 01:39:54,295
Speaker 2: a vendor and you get your own building report, should

1831
01:39:54,295 --> 01:39:56,775
Speaker 2: a purchase you know, how confident would a purchaser be

1832
01:39:57,255 --> 01:40:03,415
Speaker 2: that it's correct. You'd be suspicious, wouldn't you? Well, not suspicious, but.

1833
01:40:04,495 --> 01:40:08,495
Speaker 10: Which Okay, So the builder doing it for the vendor,

1834
01:40:08,615 --> 01:40:11,375
Speaker 10: I'm just checking that everything's kosher and that we should

1835
01:40:11,415 --> 01:40:12,735
Speaker 10: be able to proceed and we're not going to get

1836
01:40:12,735 --> 01:40:15,615
Speaker 10: tripped done. The builder doing it for the purchaser is

1837
01:40:15,615 --> 01:40:19,335
Speaker 10: probably looking deeper and longer, right, okay, So say a roof,

1838
01:40:19,375 --> 01:40:21,215
Speaker 10: We're looking at a roof going okay, well it works

1839
01:40:21,295 --> 01:40:22,935
Speaker 10: right now, but you might have to replace it in

1840
01:40:23,015 --> 01:40:24,575
Speaker 10: ten Okay.

1841
01:40:24,695 --> 01:40:28,335
Speaker 2: Last question, what would you do if there was an issue, example,

1842
01:40:28,415 --> 01:40:32,855
Speaker 2: some minor flooding, You fixed it by adding drainage, waterproofing, recontouring,

1843
01:40:32,935 --> 01:40:36,015
Speaker 2: and it never happened again, would you still disclose the.

1844
01:40:35,975 --> 01:40:39,295
Speaker 10: Original per That's that's a great example. Hey guys, we

1845
01:40:39,335 --> 01:40:41,935
Speaker 10: had some minor floating on the property. Here's the remedies

1846
01:40:41,975 --> 01:40:44,135
Speaker 10: that were in place. Yes, and it hasn't flooded again.

1847
01:40:44,175 --> 01:40:45,855
Speaker 10: That's exactly what it should sound like.

1848
01:40:45,935 --> 01:40:49,735
Speaker 2: That's brilliant. There we go, brilliant, Oh, fast and furious. Awesome, Wayne,

1849
01:40:49,935 --> 01:40:51,855
Speaker 2: thank you very much for coming to the studio. I

1850
01:40:51,855 --> 01:40:54,815
Speaker 2: really appreciate great seeing you. Right, we're going to take

1851
01:40:54,815 --> 01:40:57,055
Speaker 2: a short break. Then we've got ridd in the garden

1852
01:40:57,135 --> 01:40:57,815
Speaker 2: in just a moment

1853
01:40:58,455 --> 01:41:01,415
Speaker 1: For more from the Resident Builder with Peter Wolfcamp, Listen

1854
01:41:01,495 --> 01:41:04,295
Speaker 1: live to news talks that'd be on Sunday Mornings from Sex,

1855
01:41:04,615 --> 01:41:06,655
Speaker 1: or follow the podcast on iHeart Radio.