Trust and Safety Blog

How safe is your children's nightwear

All children's PJ's and nightwear needs to display the correct fire safety label.

Motor cycle helmets need to meet the approved safety standards

Whether you’re an average Joe Harley, fancy yourself as The Stig or consider yourself the reincarnation of Evel Knievel, when it comes to motorbikes you need to make sure you’ve got adequate protection for your noggin.

If you come off your bike, you’re likely to hit the road pretty hard so the last thing you want is to buy an inferior helmet that could do you more harm than good.

Even the most badass helmet needs to be safe

Here at Trade Me we hold product safety close to our hearts so if you’re listing helmets on the site you need to make sure what you’re selling complies with an appropriate safety standard:

  • UN/ECE Regulation No. 22: Protective helmets and their visors for drivers and passengers of motorcycles and mopeds (Europe)
  • Australian Standard AS 1698: Protective helmets for vehicle users
  • New Zealand Standard NZS 5430: Protective helmets for vehicle users
  • Snell Memorial Foundation: Helmet Standard for use in motorcycling
  • Federal Motor Vehicle Safety Standard No. 218: Motorcycle helmets
  • British Standard BS 6658: Specification for protective helmets for vehicle users (for type A helmets only)
  • Japan Industrial Standard T8133.

It's the law that helmets meet these standards.

It’s all in the sticker

The easiest way to tell if a helmet meets safety standards is to look out for one (or more) of the following markings on your helmet:

Motor -cycle -safety -sticketrs

Better to be safe than sorry

We have a goal to make sure all our members have a safe buying and selling experience. One of the ways that we do this is by running checks on items to make sure they carry the appropriate safety markings.

If we’ve asked you to provide us with proof that the helmet you’re selling carries one of the above safety stickers, never fear it’s a really easy process:  

  1. Grab a newspaper, or a recent piece of junk mail or utilities bill from a New Zealand or Australian company. Make sure the date is visible. 
  2. Take a photo of the helmet with the newspaper. Please make sure we can read the safety sticker, so feel free to send multiple photos if you need to. 
  3. Email the photograph to: proofofgoods@trademe.co.nz

Once we’ve received your photos confirming the helmet has one or more of the above stickers we’ll pop you back an email to let you know your helmet is safe to sell on the site. 

Netsafe would like your help with a survey on malware

Mobile -malware

This is a guest post by our good buddy from Netsafe, Chris Hails. He's seeking your help to find out how people use and secure their smart phone devices. We think this is a timely idea, given the emergence of smishing. 

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Three years ago this month I gave a presentation to NetSafe's stakeholders about the brave new world of smartphones and the potential challenges owners could face as they relied more and more on mobile internet access.

The graphic above was a quick attempt to identify a range of perceived threats that included rogue apps, 'smishing', QR codes that took you to malware laden websites and accidentally publishing photos containing geolocation data.

Smartphones were an exciting new development back in 2011 with only around 10% of Kiwis owning one. Jump forward 3 years and it's believed that almost 3 out of 4 New Zealanders now carry around a whizz-bang smart device that puts an amazing amount of computing power in their pocket.

A recent MediaWorks survey suggested that 14 percent of Kiwi households now had 10 or more screens and were consuming media on multiple devices simultaneously. We're all slowly morphing into Elvis at Graceland watching 3 screens at once.

Apple sold its 500 millionth iPhone last week and manufacturers shipped over 1 billion smartphones alone in 2013 so we can be certain there are plenty of people using Flappy Bird to avoid talking to their other half. 

So where is all the bad stuff?

What intrigues me 3 years on - and with millions of smartphones sold - is where are all the reports of mobile malware? NetSafe regularly talks to media keen for a smartphone hacking scandal but to date we've had just one report of an elderly Android device being factory reset via a browser exploit.

The Register ran a story at the end of March about Zorenium, a new hacker tool to create 'zombie iPads'. Read the fine print though and this only works on jailbroken devices where the protection of the manufacturer's operating system has been lost.

The security lead for Android recently addressed a tech conference and claimed that the Android malware threat was greatly overhyped. Cisco's 2014 Annual Security Report suggested that 99% of mobile malware does target Android but that only 1.2% of all malware targeted mobile devices.

Tell us your view, take the survey.

The 2011 presentation used data from a Smartphone Security Survey asking owners what they were experiencing. NetSafe is running the survey again to update our advice and we'd love to hear about your situation in 2014.

Please take 5 minutes to answer the survey and we'll report back on how the landscape has changed three years on.

Chris Hails

How safe are your child's pyjamas?

Childs -baby -nursery

Winter is coming, they say.

That means it’s time again to think about pyjamas and nightwear that keep our children warm and snug. It’s also time to think about the safety of those items.

You may not realise it, but all children’s nightwear is required to have a fire hazard label sewn into the item to warn about the dangers of contact with fire.

It’s important to bear in mind that all clothing and fabric will burn. When we use heaters or light fires, we have to be extra careful about the safety and suitability of our children’s nightwear.

With winter knocking on our door, we’re taking the time to get the word out that Trade Me expects all sellers of both new and used items to make sure they are meeting the safety standard.

Starting this April, Trade Me will be taking a tougher line in this space and where nightwear is identified as not having the correct labels, it will be removed from the site.

If you are listing any of these types of products on Trade Me, you need to comply with the standard and have the appropriate warning label attached to the clothing.

Regardless of whether the nightwear is new or used, if it doesn’t have a label, it cannot be listed on the site. This includes items where the label has been cut out. 

More comprehensive information can be found at these places:

Commerce Commission’s fact sheet
Ministry of Consumer Affairs’ guide.

Creative Commons image used courtesy Jorge Cruz on Flikr.

The sale of military medals and the Protected Objects Act

Willi -apiata -hongi -greeting

The sale of military medals can be an emotive issue. Some may see the sale as ‘cheapening’ the value of the medal by allowing it to be a commodity. Others see medals as legitimate items to collect.

Trade Me is relaxed about military medal sales but there are a couple of points to consider. Certain medals will fall under the ambit of the Protected Objects Act 1975.

Effectively that means the medals cannot be sold on site and sent to an overseas party, such as an Australian Trade Me member (subject to approval by the Ministry of Culture and Heritage). Medals are deemed ‘protected’ if they’re considered important to NZ for ‘archaeological, architectural, artistic, cultural, historical, literary, scientific, social, spiritual, technological, or traditional reasons.’

This would include many medals that form part of New Zealand’s military history. For example you’d be hard pressed to see a medal like Willie Apiata’s Victoria Cross being allowed to be sold to a foreign collector.

If what you’re selling is covered by the Act, and you want to sell it to an overseas buyer, you must seek export permission from Ministry of Culture and Heritage. If you have any doubt about the medal you wish to list, we suggest you contact the Ministry of Culture and Heritage for advice. For clarity, medals currently in New Zealand that are covered by the Act cannot be sold to Australian members.

There is one kind of medal that we don’t allow, and that’s the kind that would be considered to fall under our Nazi memorabilia policy. That’s a moral choice we’ve made.

Creative Commons image used courtesy Royal New Zealand Navy on Flikr.

Enforcing Dispute Tribunal Orders

Been to the Disputes Tribunal – what next?

It is always regrettable when Trade Me members are forced to head to the Disputes Tribunal to resolve lemon trades. We do our best to help the parties resolve things before this point, however it is sometimes the case that the best place to sort a matter out once and for all is in front of a professional and independent adjudicator, like a Dispute Tribunal Referee.

When matters head to the Disputes Tribunal, there is, by definition, a disagreement between the parties. Most commonly we see disputes relating to the condition of goods supplied or the failure of buyers or sellers to go through with purchases following successful auctions.

The Disputes Tribunal is often in the best position to assess the merits of a case from all angles. So, when members obtain a ruling in their favour, it means both parties have had the opportunity to present their case and a decision has been made. Trade Me will support the enforcement of that ruling.

It is important to remember that orders of the Disputes Tribunal are Court orders and there are consequences for non-compliance.

This means if you have been to the Disputes Tribunal over a Trade Me listing and the other party has failed to comply with any orders by the date required, we want to hear about it. We will need to see a copy of the signed Disputes Tribunal ruling to confirm your position.

Before you get in touch with us you should make sure you have done all that you are required to do to help the other party in complying with the order. This means, if you are required to supply the other party a bank account for them to pay money into, you should do it. If you are required to return goods before a refund can be paid, you should do that as well.

What can happen if you fail to comply with a Dispute Tribunal Order?

We take compliance with Court orders extremely seriously here at Trade Me. Over and above the action the Courts can take for non-compliance, Trade Me also reserves the right to restrict or suspend the account of any member who refuses to comply with an order of the Disputes Tribunal.

The Ministry of Justice has useful information on enforcing Disputes Tribunal orders here, but in short, currently if the other party fails to comply you can apply to the Court for an Order for Examination. This will require the other party (the debtor) to appear before the Court to decide whether they are capable of paying the debt.

If they are assessed capable of paying, the Court can make further orders that assets be seized (currently called a Distress Warrant, but shortly to be called a Warrant to Seize Property) or that deductions are made from the debtor’s wages or salary (called Attachment Order). 

The Court is about to make changes that make enforcing a Disputes Tribunal order even easier, quicker and cheaper.  These changes are worth waiting for, because from 14 April not only will parties be able to resolve a dispute through the Disputes Tribunal, but if both parties are able to, a repayment plan can also be agreed during the hearing (called an Agreed Attachment Order) – simple, a one-stop shop for resolution.

If repayments can’t be agreed, either party will be able to apply for deductions to be made from the debtor’s wages or salary without needing an assessment to take place at Court.  If needed, you will still be able to apply for a financial assessment of the debtor’s means to pay, but you’ll have a choice of how this happens – on paper based on information you provide, by telephone, or through an in Court assessment, but if you know where the debtor works or that they’re on a benefit you can simply apply for deductions from their wages or salary.      

Note that Trade Me may also be requested to supply information to assist parties applying for Examination Orders or in future, financial assessments, including evidence to establish the ability of the other party to pay a debt.

So, in short, if you lose your case at the Disputes Tribunal, you risk losing your Trade Me membership and there is a possibility of further legal action if you do not comply with the Tribunal’s orders. It’s also a pretty uncool move, so do the right thing and pay up. 

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