Kiwibank customer claims he was trespassed for calling out manager's improper face mask wearing
Wednesday, 9 February 2022
A man claims he has been banned from his local bank branch for two years for criticising the manager’s improper mask wearing.
Jack Machiela is having to travel to a neighbouring town for his banking and postal needs after he was trespassed from the Dannevirke Post Shop in December, which is also an agent for Kiwibank.
He said the ban followed a verbal exchange on November 24, when Machiela repeatedly asked store manager Omar Faruq to wear his mask over the nose, as hygiene guidelines recommend.
Faruq denied the claim, and said the trespass order was sparked by a later incident and was “for the protection and safety of staff”.
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Machiela said he told Faruq during the November 24 visit that he was not prepared to deal with him unless he wore his face mask properly, which meant over his nose.
Faruq did not adjust his mask. The matter escalated, and a customer photographed the dispute with her phone.
“[Faruq] steps out of behind the counter and gets seriously aggressive with this witness, going ‘you can't be taking photos in here’ and demanding she delete her photos. Luckily she didn’t, and she sent them to me.”
Machiela said the manager threatened to “expel” him from the store.
Stuff has sighted an image from the incident which shows Faruq wearing his mask below the nose but gives no indication of anything else.
Machiela lodged a complaint with Kiwibank, which led to an investigation and the issuing of new masks for staff. The case was closed, but it did not address the trespass notice, which was issued by Faruq on December 21.
“It seems to me Kiwibank is OK with their franchises sending punitive trespass measures to people trying to do right by the country.”
But according to Faruq, when Machiela visited the store on December 21, he filmed staff without permission and threatened to break property, and it was for this that a trespass order was issued.
He said he tried several times to defuse the dispute on November 24 and denied he was aggressive or intimidating.
“We never want to have bad relations with a single customer.
“[It was never my intention to inappropriately wear a mask anywhere. It was a total mistake, and we have changed our masks.”
Kiwibank did not respond to Stuff’s questions on Machiela’s complaint, but issued a statement.
It said health and safety of its people and customers was a priority, and it was communicated to all Kiwibank service agents that it was a requirement all staff wear an appropriately fitted mask.
Because the trespass order was issued by the stationery shop, not Kiwibank, it was not appropriate to comment further.
Machiela said throughout the complaint process, Kiwibank kept maintaining limited responsibility, because the branch involved was a franchise and not an official Kiwibank branch.
He denied he threatened to break property and endanger staff during his December 21 visit. He wanted an apology and the trespass order lifted. He was undecided on whether he would switch banks.
“I’d like to stick with them but they need to be more customer-oriented and acknowledge this is wrong behaviour for a bank during a pandemic.”
The Trespass Act 1980 states a trespass notice does not require a justification or reason in order to be issued. It can be served in written or verbal form and any breaches are treated by police as a criminal offence.