Feb/March 2012 InHouse

February / March 2012

The official magazine of Certified Builders Association of New Zealand Inc

CBANZ welcomes new Chief Executive Officer – Pg 5 Licensing: Site works v RBW and On site records – Pgs 8, 9 Building strengthening – Pg 22

INHOUSE Activity approved by the Registrar

Do you have to provide employee protective clothing?

– Pg 36

New CBANZ website now live

As part of our CBANZ rebranding we have upgraded and revamped our website to reflect the new professional era. The new look and content make it clear what it means to be a Certified Builder and why the public can have confidence in our brand.

Easier for the public to understand and locate a Certified builder Improved search functions Updated, modern look

Reorganised to reflect the changing environment for the building industry in New Zealand.

2

Contents ToolTube – the CBANZ video channel

Pg 4

Meet our new Chief Executive Officer

pg 5

CBANZ Membership health check

pg 6,7

Licensing - Site works v RBW

pg 8

Licensing - Onsite records

pg 9

Make sure your documents say the same thing pg 12,13 – Geoff Hardy CBANZ Conference 2012

Pg 14

Licensing Roadshow

Pg 15

Guarantees and Insurances

pg 16,17

CBANZ founder shows Scottish hospitality

pg 18,19

ITaB news

pg 20,21

Building strengthening – PWC

pg 22

CBANZ merchandise

Pg 23

Campaign to prevent falls from height

Message from the Chairman Happy New Year to you all. The weather over Christmas for some was not good, but to have a break and enjoy family and friends made up for it.

For those who missed the announcement in the last issue of inhouse we have appointed Mr Grant Florence as our Chief Executive Officer who took up the role on 5th December 2011.

Grant brings a wealth of knowledge to this role and we all look forward to working with him.

The economy is still very tight and will remain so for some time. Keep following leads, those putting in the extra effort will get the rewards.

pg 24,25

Helplines

pg 26

Licensed? Show it!

pg 29

IRD changes you need to know for April 2012

pg 30

Hunting & Fishing giveaway

pg 31

Get your own website – CBANZ can help

pg 32

Finding out about home performance

pg 34,35

Q&A The Law at Work – E2Law

pg 36,37

ON THE COVER CBANZ chairman Allan Shaw (right) welcomes new Chief Executive Officer Grant Florence to the Association.

The March 1st 2012 deadline, when the Licensed Building Practitioners (LBP) scheme comes into place, is close. By now you should all have a licence for those areas you will be working in. A Residential Building Consent stamped from 1st March 2012 will operate under the LBP scheme.

Building Consents prior to this date will operate as per the current scheme. If you require a better understanding or need clarification go to the website www.dbh.govt.nz – all the information is there. Working outside the rules after 1st March 2012 will get you in hot water.

It is great to see the LBP scheme coming in and for the consumer it is the start of having their home built by professional builders.

To our members in Christchurch, the last thing you wanted at Christmas was another sizable earthquake. The workload is going to be large, but be cautious on contractual matters and insurance. Seek sound advice.

To our Nelson members we are here with help and support. Contact Richard Merrifield.

Contact CBANZ

®

Farming House 102 - 104 Spring Street PO Box 13405, Tauranga Central, Tauranga 3141 Telephone 07 927 7720 Freephone 0800 CERTIFIED Facsimile 07 927 7721 Email editor@certified.co.nz Web www.certified.co.nz

The 14th CBANZ Conference is on 18th-19th May, so arrange your trip now. Come and meet our CEO and see a bit of Wellington.

Allan Shaw, Chairman Board of Directors

3

ToolTube - the CBANZ Video Channel bringing business education into your home

Now available to gold card members, enter this link into your address bar/URL http://www.certified.co.nz/index.php/pi_pageid/199 and watch the first of several educational videos that we will be bringing you to make your lives easier.

The video will be no more than 10 minutes long and not full of jargon.

• The first will step you through filling out your licensing application through the qualified streamlined process.

• The second video demonstrates the non qualified process for the site licence.

• In the third video Jason McClintock gives an overview of life with licensing, preparing yourself for when the assessor calls and why you may wish to consider a site licence.

CBANZ will keep you informed when more ToolTube become available.

4

association

news

Meet our new CBANZ Chief Executive Officer

Grant Florence Firstly a Happy New Year and I hope

Stay protected and cool this summer!

all our members had an enjoyable and restful Christmas break and

Grab a Certified Builders branded

were able to spend some time with

High Vis Polo – $30 each

family and friends.

• Lime and Navy colouring, • 100% polyester, • Great sun protection and

I am excited to have the opportunity to join the Certified Builders family and look forward to working with

vents to keep you cool in the

all our members and the team at

summer heat!

• Easy care and quick dry, • Comes with the CBANZ Logo

National Support Office.

There are both exciting and

screenprinted on the chest

challenging times ahead for us all.

• Pocket reinforced with pen insert

A bit of background about me.

Over the past two years I have

Call or email Millie T at

been chief executive of a member-

National Support Office

based not-for-profit organisation

ph 0800 237 843 ext 708 or

in the rescue/service sector. Prior to

email: millie.t@certified.co.nz

that I was involved in the building industry for over 20 years – initially in various senior leadership positions for a large home building company and subsequently owning my own company focusing on internet technology in the building sector.

I have always enjoyed the building industry and, having been involved for a few years, have experienced many of the cycles the industry seems to go through. My attraction to the building industry is of course the people involved and also the fact that it is an industry that has

unique and pretty cool, especially since we as a nation treasure home ownership and our own personal homes.

Over the next few months I hope to meet as many of you as possible (including at our Annual Conference in May 2012) and look forward to working with you all in the future.

a direct influence on how New

– Grant Florence

Zealanders live. This is, I think, fairly

Chief Executive Officer, CBANZ

5 5

Membership Health Check Certified Builders Association has a two step membership process:

Gold Card: • •

GC1 On wages or salary GC2 No longer actively building

This is a kindly reminder of your obligations as a member of the Certified Builders Association of New Zealand – whether you hold a Gold Card or Platinum Card.

These Gold Card categories have

House Inspections:

A sole Gold Card holder cannot invoice

•

GC3 Labour only to another builder

limited access to membership benefits, recognising you as a Trade Qualified Individual, not operating a business.

CBANZ does not permit the use of its

the public as the Association promotes

name or logo to be used in association

that all its members can offer the

with any house inspections.

Homefirst Guarantee, contracts and support tools as offered by the

Certified Builders Association. If you are found doing so you could be in breach of the Fair Trading Act and find yourself in hot water. The Association may also take action against you.

There are no excuses for this, as every Gold Card holder has signed an acknowledgement of this requirement.

If you wish to invoice the public you are expected to move up to the Platinum membership. If you find you may struggle to meet the required competency please ring Jason at National Support Office 0800 237 843 to discuss your circumstances.

Some insurance companies are asking for members to do earthquake assessments within the Canterbury Region, this is considered an assessment for damage purposes only under the condition of the engaged insurance company and not a pre purchase inspection. Please contact Jason in National Support Office to clarify terms, conditions and liability exposure associated with this.

Membership fees increase: You may recall that a motion was tabled at the Certified Builders Association of New Zealand Board meeting on 10 June 2011 regarding an increase in membership fees. This motion was passed by the Board and confirmed by members at the CBANZ AGM on 11 June 2011.

Accordingly the membership subscription increases as set out on the page opposite has been adopted for 2012.

These decisions by both the Board of Directors and at the AGM represent a small increase (for example $5 per year for a Gold Card Member) that is generally in line with inflation and will be held current for one year. We note there will be no increase on the Advertising Levy.

– Jason McClintock, Operations Manager

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Platinum Card:

and conduct their businesses on a

This allows you to promote yourself as

professional level.

a Certified Builder and have full access to the tools and benefits the Association

If you are finding things tough right

offers. Using the brand comes with

now rather than resigning membership

responsibility of conducting your

we do have a facility whereby you can

business activities to the highest level;

put your membership on hold for up to

this is consistent with our branding

a year. However at this point you lose all

refresh of good builder to great builder.

rights to membership and must remove

When a member steps below this

all branding. Failure to do so will result

mark it reflects on fellow members

in the Association taking legal action

who are passionate about their work

against this blatant breach of conditions.

CBANZ MEMBERSHIP FEES

– effective 1 January 2012

INDIVIDUAL MEMBERSHIP – Gold Card

(All prices GST inclusive)

Certified Carpenter – Wage & Salary – Actively Building Certified Carpenter – No Longer Actively Building Certified Carpenter – Labour Only or Contract – Actively Building (Not invoicing general public)

BUSINESS MEMBERSHIP – Platinum Card (incorporating Gold Card Membership) NOTE: A one-off joining fee of $100.00 applies to all Business Membership applications INCLUDES GOLD CARD MEMBERSHIP FEE (All prices inc GST) If your business turnover is under $75,000 If your business turnover is between $75,000 and $500,000 If your business turnover is between $500,000 and $1 million If your business turnover is between $1 million and $2 million If your business turnover is over $2 million If the owner or one of the owners of the Business is also the Gold Card holder then these subscriptions will apply.

ADVERTISING LEVY – Business Membership

Certified Builders Association of NZ Inc

Order now!

2012 Diaries

Stock running out

All Platinum (business) members will receive one FREE copy of the CBANZ® Diary. You are able to purchase further copies for your staff etc. Gold Card holders can also purchase a CBANZ® Diary.

EXTRA DIARIES WILL COST

$15 inc GST and freight Please email Millie T to place your order millie.t@certified.co.nz or order online in the merchandise section

7

From the desk at Operations

Licensing

Site works vs RBW

By Jason McClintock Operations Manager Licensed Building Practitioner

All the trades involved within restricted

are happy to sign off and who will have

work will either need to be done or

to follow another path for compliance.

supervised by a Licensed Building

By doing so at this early stage means

Practitioner [LBP]. Not all of these trades

you will have all documents for CCC, non

will qualify for a licence and so some

compliance and CCC might be held up,

grey areas will need to be addressed. I’ll

costing you time and money.

demonstrate this through the example of construction to floor pour. RBW in this case involves structural integrity – the ability to resist vertical and horizontal loads and sub floor moisture management. The following trades may be involved...[includes but not limited to]

This supervisory work should not be a freebee, with it comes accountability and delivery of value. Under the definition of supervising you have to have a level of competency and be sure the works are carried out in accordance with the approved plans. You are now delivering

• Building set out

another service to your sub trades or non

• Footing excavations

licence holders.

• Steel placement • Waterproofing sub floor • Placement of engineered systems • Block work • Grout placement • Concrete placement • Pre-fabricated placement

Community of Craftsmen: Under the scope of RBW, here is a list of other trades who might require supervision under the Carpentry licence.

[Includes but not limited to] • Footing/critical work set out

Of these trades how many can be done by someone that holds a carpentry

In the last issue of inhouse we looked at the definition of Restricted Building Work [RBW], supervising and the elements within residential construction that will affect your site operations. Check out the RBW road show in your area on pg 15.

In this article we will take RBW a step further and look at how this will affect you and your Community of Craftsmen on site.

8

licence or a block layers licence? The other trades fall within RBW but may not qualify for a carpentry licence e.g. concrete placers. While the Department of Building and Housing (DBH) would like the carpentry licence to supervise and sign off a memorandum demonstrating this, there might be situations where the carpentry licence holder may not wish to take this on board.

[surveying] • Footing excavations • On site structural steel fabrication/ placement • Concrete placing • Grout placement • Specialist cladding install • Window install [installed by others] • Frame erection [install by others] • Truss/rafter [install by others] • Site glazing • Garage door install • Fascia install

Unfortunately under the current Act

• Pre fabricated components [install]

there is no provision for any other means

• Skylights [install by others]

of sign off. However the carpentry

• Exterior painting

holder may request a producer statement

• Downpipes [install by specialist

from the non LBP eg concrete placer.

Site Booklet - LBP (see pg 9):

trade] • Bracing, diaphragm plaster board • Aerial install [envelop penetrations]

My suggestion is to follow the stepped guidance with this booklet to identify

CBANZ will keep you up to date on

the trades that will require supervision

changes and amendments through

and meet with them early in the

inhouse, the CBANZ website and the Site

programming phase to discuss who you

Booklet – LBP.

Onsite - Records This is when the rubber hits the road – with licensing, that is, just how it affects you on site.

document to assist practitioners on site.

Once we get a grip on licensing the site record booklet will shift to Building Act,

It is a “tick the box” method of

Construction Contracts Act compliance.

compliance so you can get on with the next job rather than spending time

Look out for the best practice tips for

chasing the paperwork required.

helpful hints. The first issue will be

In conjunction with the CBANZ national

available end of February followed by a

road show (see pg 15) currently rolling

This is a live document and will change

simplified version you can use to capture

out on Restricted Building Work, the

as the licensing system, Building Act and

compliance of your sub trades involved

Association has developed a guidance

direction from the DBH come to hand.

with LBP.



Tick the box:

• On the front cover you enter your LBP details, job and clients.

• One site booklet for each site currently on the go • Clarification on Restricted Building Work is given so you can establish

about advising of this

• Your local Council [BCA] is also

your Site Record booklet phone Jason

record will guide you through the

McClintock at National Support Office.

requirements.

• Memoranda will need to be provided; timing of these will

current project

depend on your scope of work.

The site guide will template these

Supervision is made clear with

requirements, with examples.

Restricted Building Work

Advice on who/when these need to

• Elements of work you might

If you require assistance filling in

getting its systems in line, your site

what areas of LBP will affect your • The term and expectation of

Card and Platinum Membership.

be supplied is given.

encounter but had not considered as part of Restricted Building Work • A schedule of trades involved with Restricted Building work is

You now have a complete record of LBP requirements for each site to store on file or cloud.

provided, not all of these will have a licence, some method of sign-off

To cover printing and postage there is

has to be considered and the timing

a fee of $10 for a pack of 5, each LBP

of this is important. Our site guide

on site will be required to supply a

will step you through this

memorandum for each project, either for

• The Homeowner has certain

doing RBW or supervising RBW.

obligations within the scheme, we provide suggestions on how to go

These site packs are available to Gold

9 9

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1

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Geoff Hardy is a specialist commercial lawyer in Auckland and also a member of the CBANZ Board.

Make sure all your contract documents say the same thing

Contact Geoff on 09 379 0700 geoff@madisonhardy.com.

In some projects you provide additional

The building contract will generally be

documents, such as the completed tender

the one document that is clear, consistent

documents (if it’s a tender), the plans

and unambiguous, because it has been

and specifications (if it’s a design & build

written by specialist lawyers and has been

project), performance bonds, insurance

refined over the years with the benefit

policies, health & safety plans, and (if it is

of experience. If instead you use a home-

your responsibility) the code compliance

made one that you inherited from your

certificate. And once the Building Act

father’s business, or one that you have

is amended later this year, you will also

cobbled together over time based on trial

have to hand over various disclosure

and error, then it is going to put you at a

statements, checklists, and maintenance

significant disadvantage, for these three

manuals as well.

reasons:

The message I want to get across is the

What written documents do you typically give to your customer? The most common ones are your business card, promotional brochures, testimonials, your website, your quote or cost estimate, the letters, e-mails or faxes you send to your customer, the signed building contract, the Homefirst guarantee application, the building consent application, your invoices, payment claims and statements of account, records of any variations from the agreed scope of works, your producer statements, and the certificate of practical completion.

12

1.

2.

importance of making sure that your documents don’t all say different things or contradict each other. Why? Because

You always get what you pay for.

It won’t have kept pace with the radical changes to the law that have

3.

occurred recently.

It relies on the popular

they are all part of your contract with

misconception that short and simple

your customer, and you don’t want a

is best. It is best, but only for your

contract that is riddled with uncertainty.

customer’s lawyer. Because he or she can drive a truck through it. The

You only need to fall back on the

more words your building contract

contract when some disagreement arises,

has in it, the greater clarity it will

but that happens all too frequently these

provide when unexpected situations

days. And if you do need to resort to the

develop, and the less wriggle room it

contract to resolve the disagreement,

will allow for your opponents.

you want to make sure that it is clear and unambiguous. Why? Because any

However, bear in mind that the standard

confusion or ambiguity allows your

building contracts use “one-size-fits-all”

customer to argue for the interpretation

wording. Sometimes the project will

that suits them best, and it costs you

have special features that the standard

three times as much in legal fees to find

wording doesn’t cater for. For example

out what the answer is. Whereas if your

the client might be a bad credit risk (a

documents had been clear, consistent and

known “difficult” client or one based

unambiguous, there would have been no

overseas) so you need extra payment

room for argument, and you would have

protection. Or the job might involve

the upper hand.

remediation of a leaky building, in which case you need to carefully define

what you will and won’t be liable for.

in your quote or invoices, then at least

standard documentation to ensure their

Or you might be taking over someone

make sure that they mirror what the

terms of trade, certificates, warranties

else’s project half-way through, or only

formal building contract says.

or guarantees are consistent with them.

building up to a defined stage of (partial)

So what you end up with is one

completion. In all those cases you need

Some pro-active builders have additional

set of rules or promises in one set of

professional help to modify the wording

documents that they use either for

documents, and a completely different

of the building contract – otherwise

their own protection, or as a marketing

set in the other. A bit like the English

you will have one document saying one

gimmick. These may take the form of

and Maori versions of the Treaty of

thing, and another document saying

special “terms of trade” that a debt

Waitangi. The result? Confusion, expense,

another.

collector or management consultant has

delay, weakness, and a field day for your

persuaded them are an essential tool

customer’s lawyer.

It is very common for builders’ quotes or

for getting paid. Or they may have been

their invoices to contain a lot of payment

persuaded by marketing gurus to offer

I applaud the builders who try innovative

terms or other contractual provisions

certificates, warranties or guarantees

approaches to differentiate themselves

limiting their liability or giving them

that purport to give their customer some

from their competitors. But I applaud

extra protection. These provisions cover

additional rights or extra protection.

even more, those that take the trouble to ensure that all of their documents

the same ground that the building contract does, but they often say

All of these add-ons have some

are singing off the same song sheet, and

opposite things. This won’t achieve the

usefulness, but they can also come back

preaching the same message.

desired objective, and instead will just

to bite you. You can bet that the debt

introduce inconsistency and confusion,

collector, management consultant or

and therefore extra cost. If you must

marketing guru hasn’t been through

summarise your important terms of trade

your building contracts and other

DISCLAIMER: This article is not intended to be relied upon as legal advice.

13

Licensing hits the road ...

The Certified Builders, Department of Building and Housing & Winstone Wallboards Road Show is under way – look for it in your area!

Restricted Building Work Seminars • Defining the RBW and how it will implicate on Licensing • Writing Memoranda: when and who does this go forward to These and other critical areas will be covered.

Below is a list of all the dates and towns we will be presenting at over the coming seven weeks.

20th February Blenheim @ ITM

8th March Rotorua @ Waiariki IT

21st February Wellington @ PlaceMakers

12th March Auckland @ Mitre10 Mega Albany

22nd February Masterton @ ITM

13th March Auckland @ Mitre10 Mega Mt Wellington

27th February Palmerston North @ UCOL

14th March Auckland @ UNITEC Mount Albert

28th February New Plymouth @ New Plymouth

15th March Auckland @ Carters Papakura

Sport Fishing Club

19th March Kaitaia @ Northtec

29th February Taupo @ Taupo Cosmopolitan Club

20th March Kerikeri @ Carters

1st March Napier @ EIT

21st March Whangarei @ Northtec

5th March Gisborne @ ITM

22nd March Whitianga @ PlaceMakers

6th March Whakatane @ RSA

29th March Tauranga @ BOP Polytechnic

7th March Hamilton @ WINTEC All of these events start at 5.30pm exception Wellington where there is a 6pm start.

15

16

GUARANTEES & INSURANCES Statutory Liability Insurance This insurance policy provides protection to businesses for: • Defence costs associated with alleged breaches of the Building Act, Consumer Guarantees Act, Fair Trading Act, Privacy Act and most other statutes affecting commercial activities. The notable exceptions are police prosecutions and taxation legislation.

• The costs of representation at an investigation or inquiry.

• Any fine or cash penalty payable by the insured following conviction for an offence under the insured statutes, except under the Health & Safety in Employment Act, (as it is illegal to be able to insure for fines and penalties under this Act)

Contract Works Public Liability Errors & Omissions (E&O) Statutory & Employers Liability Tools

Public Liability insurance does not cover these, and you should seriously consider this liability cover.

Give us a call to discuss if this will help you.

Vehicle House and Contents Boat Life / Income / Medical

TOOLS EXPLAINED: BELT SANDER: An electric sanding tool commonly used to convert minor touch-up jobs into major refinishing jobs.

If you would like to discuss any of these covers or get quotes, please phone us on 0800 237 843

PAPERWORK We’d like to take this opportunity to welcome new members to Certified Builders Association of NZ Inc. and thank members for your continued support of the Homefirst Builders Guarantee.

We know some of you require our assistance in getting yet more paperwork done and we are only a phone call away if you have any queries.

Everything you need is contained in the Guarantee booklet, and the best time to complete the Guarantee application is when you are completing the Building Contract with your client.

All you need to do with your client is: • include the fee for the Guarantee as part of your quote • complete the application form Send the application form and supporting documents to us, and as long as it meets the Underwriters requirements, we will accept and your client will receive their Guarantee certificate.

Homefirst Builders Guarantee Carpentry Labour Only Guarantee Commercial Defects Guarantee Kitset Guarantee Watertight (Reclad) Warranty Subcontractors Payment Guarantee

… and as the saying goes “The first time is always the worst.”

If you have any question please phone Kim or Keryl on 0800 237 843.

17 17

CBANZ founder shows

NEW

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CBANZ founder Craig Wilkinson had heard through the grapevine that some CBANZ members were heading to the UK on their OE and they were hoping to find some work over there.

Craig has been living in Scotland for the past few years working on an estate with his wife Sheryl. The travellers were Sam Fielden and a couple of his friends. Craig had known Sam for some years – he is Craig’s brother in-law Grant Fielden’s nephew. He also new Sam had served his time with CBANZ member Howard Harnett Builders in Whangarei so he jumped at the chance to offer them work on the estate where he now works in Scotland The job they were coming over for was to convert a

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garage into 3 bedrooms, 2 bathrooms and a lounge so I

For more information please visit our website www.marley.co.nz or phone 0800 MARLEY (0800 627 539).

bit and they were to start a loft conversion on the main

was able to offer them 3 to 4 months work. When they arrived in Scotland the work situation had changed a house which I think was a bit of a shock to the system as they were covered in 200 year old dust every day and

WHERE STYLE MEETS DURABILITY

pulling down 900mm thick stone walls, says Craig.

Since then Sam and Michael (aka Cheese) Pilkington

AVAILABLE IN COPPER AND TITANIUM

have added a bedroom and kitchen to the shooting cottage, built a shepherd’s hut, tried shooting driven pheasants, travelled a bit around Europe and have just started on the job they came over for – only 8 months after they arrived in May 2011. The third person of the trio Michelle Boyce-Bacon has found work in Edinburgh so they seemed to be settled in quite well. We had a great Christmas together but sadly could not supply them with the White Christmas we had the previous two years.

Michael and Sam at a trade shout - Scottish style!

travelling Kiwi builders some Scottish hospitality

ABOVE: Kiwis still know how to celebrate being together at Christmas - even in Scotland.

RIGHT: Sam with his impressive contribution to the festive meal - apple pie – yes, builders can make anything!

ABOUT THE TRAVELLERS: Sam Fielden and Michael Pilkington (a.k.a Cheese) both served their time at Harnett Building Co. working on high end projects.

One project in Waipu tested Sam as foreman to his best. Michael being his right hand man stood up to the plate in support.

There were a couple of things that tested their patience (architect) and a wee mishap. The client's wife was looking through the project one day and being awestruck at the work took a step backwards and fell into the water feature.

Sam Fielden, Michelle Boyce-Bacon and Michael Pilkington take a break in Edinburgh.

These boys are now doing very well in Edinburgh and we wish them well.

– Howard Harnett, HE HARNETT BUILDING CO LTD

ABOVE: Michael, Daniel the spaniel, Craig, Sam and Robin the plumber on a shoot at Rosebery Estate. RIGHT: Sam and Michael’s first job on the estate in Scotland is a loft conversion.

19

Credit where credit’s due ...

Acknowledging our ITaB expertise ITaB aims to address the acknowledged decline in the skill base within New Zealand building and construction industry and combine the best of the current framework of a competency-

Completion Certificates

Congratulating our new graduates

based training programme with the practicial on-the-job training that existed before 1992. Our ITaB programme is available throughout New Zealand, it may be longer than other apprenticeships but gives the apprentice a better range of skills to complete a competent job. It’s superior training in all respects. We would like to acknowledge the commitment of those providers and tutors.

Lucas Coburn CPIT James Young CPIT Tim Ward NMIT

Robin Storey 0272 558 952 rstorey@northtec.ac.nz Unitec (Auckland) lfifita@unitec.ac.nz

MIT (Manukau) Rex Harrison 0275 687 284 rex.harrison@manukau.ac.nz WINTEC (Waikato) Peter Orchard 07 834 8800 peter.orchard@wintec.ac.nz BOPP (Bay of Plenty) Philip Grimmer 027 252 7005 philip.grimmer@boppoly.ac.nz Waiariki (Rotorua) Mike Fogarty 021 531 454 mike.fogarty@waiariki.ac.nz UCOL (Manawatu) Dave Freeman 021 506 843 d.freebairn@ucol.ac.nz EIT (Hawke’s Bay) Shane Sigglekow 027 660 1136 ssigglekow@eit.ac.nz WELTEC (Wellington) Tana Phillips 027 300 7687 tana.phillips@weltec.ac.nz NMIT (Nelson/Marlbourough) Steve McIntyre 027 277 6938 smcintyre@nmit.ac.nz CPIT (Canterbury) Rachel Butcher 021 287 6085 rachel.butcher@cpit.ac.nz SIT (Southland/Otago) Mike Grumball 03 211 2699 mike.grumball@sit.ac.nz

ITaB would also like to acknowledge the support and commitment from all our ITaB apprentice employers who are CBANZ members and others. If you are considering taking on an apprentice through ITaB programme our training providers work alongside the employer to support the range of required training. All ITaB apprentice employment contracts are now free of charge, if you would like to update that ITaB apprentice employment contract or if you are interested in taking on an apprentice, contact Lisa – ITaB Administrator at National Support Office for more details, Ph 0800 482 284.

20

Apprentices on Completion of Apprenticeship Carpentry

Brent Christie NMIT

Northec (Northland)

Leni Fifita 021 649 411

ITaB would like to congratulate the following

David Richards NMIT Farran Inglis NMIT Ryan Bombay CPIT Brett Forman CPIT Jonathan Arndt CPIT Joseph Smith CPIT Mark MacKenzie CPIT Lance Vincent CPIT Samuel Thomson CPIT Shane Tooley CPIT Peter Blakely CPIT Quentin Creba CPIT Cameron Dixon CPIT Hamish Buxton-Blue CPIT Edward Moore CPIT Gary Muff CPIT Darren Pokaia CPIT Alexander Todd CPIT Michael Wilson CPIT CPIT – Christchurch Polytechnic Institute of Technology – Canterbury Region NMIT – Nelson Marlborough Institute of Technology – Nelson Region Congratulation on the completion of Apprenticeship in Carpentry, proudly supported by the Apprentice employers, Polytechnic’s and Tutors and ITaB.

.

From your co-ordinator

Well here we go into a new year. I would

support for the ITaB programme and to

like to wish everybody a fantastic 2012

raise the awareness to all our members.

and may it be a prosperous one for not only finances but for family as well.

The other exciting news is that we are about to start our 2012 Apprentice of

I am about to embark on a National Road

the Year Challenge to find the best

Show with the Department of Building

apprentice within our ITaB programme.

and Housing (DBH) and Winstone Wallboards who are once again showing

The support we are receiving for this

us their continued support.

challenge is amazing. ITM will be supplying the materials for the challenge

The Road Show is all about the Restricted

and we will be using local branches

Building Works, letting everybody know

where possible for each regional event.

about the complexities involved so that we can all start using our licences

Also Winstone Wallboards and DeWalt

correctly as of 1st March.

will be supplying prizes for the grand finals to be held in Wellington at the

Feel free to invite your apprentices

CBANZ Annual Conference.

and any other builder you may know, whether a member or not.

ITaB Co-ordinator Dion Tapper

So come on guys, come on out and see the Road Show when we are in your

We are also using this as an opportunity

region and support Certified Builders.

to hold some of the seminars at universities and polytechs to show our

See you on the road!

Unitec on the road with ITaB Unitec in Auckland is putting the promotion of ITaB carpentry apprenticeships on the road with their striking new sign-written ute vehicle.

Top support for Annual Apprentice Challenge competition Once again we have great industry support

the 21 day adventure the apprentice challenge

for our Annual Apprentice Challenge.

winner will experience all the outdoor elements

Winstone Wallboards have come on board

and activities that Outward Bound has to

offering a Classic Outward Bound course for

offer. It includes sailing, kayaking, bush and

first prize.

navigation skills. This adventure is valued at over $3750.00.

The classic Outward Bound experience for

So, this year the apprentice challenge is just the

18-26-year-olds is exactly that – classic! Over

beginning ...

21

Building strengthening work is not performed, the council will not

to be seen how generous the IRD would be

renew its building WOF next year meaning

in accepting such arguments as they have

that the building will not be able to be

strongly contested such claims in the past.

tenanted.

Where strengthening work is required Before we look at the tax implications

to retain rental or other income, you

of the building strengthening work, let’s

should take professional advice on the

consider the wider implications for the

deductibility of the expenditure and

Steve Brocklebank provides general

building owner. The value of the building

remember that taking a deduction that

business, accounting and tax advice

is reduced if the work is not performed as

the IRD disagree with can be costly as

for PricewaterhouseCoopers.

the rental income stream would cease. In

interest and penalties may be charged

the current market, an untenanted building

and the disputes resolution process is very

requiring $1m in structural work to bring

expensive (you would be doing very well

it up to code would be very difficult to

to get change from $100,000 to advance

sell without significant discounting. On

a case to the lowest Court, the Tax Review

the other hand the value is not necessarily

Authority).

Steve can be contacted on Ph 03 470 3615 or 027 433 6025 email steve.j.brocklebank@nz.pwc.com

increased if it is performed as the rents are unlikely to increase materially. Therefore

A change to the depreciation rules as a

spending the $1m on strengthening

result of the Christchurch quakes allows for

effectively does little more than protect the

a building to be written off giving rise to a

current value.

depreciation loss where the building or the neighbourhood of the building is damaged

As you will be well aware, the events of the past few years have accelerated local Council’s requirements to strengthen old buildings (especially in the Wellington region) and changes to the building code are on the horizon. With many older buildings requiring significant expenditure to remain up to code, we will consider some of the tax issues and wider considerations of such strengthening.

What if the building was only worth $4m,

by a natural event resulting in the building

but required $1m in strengthening? In

being useless for deriving income and

absence of any government assistance or

being demolished or abandoned for later

tax incentives, would you even consider

demolition. This new rule does not extend

performing the work? This brings us onto

to a building being demolished because it

the tax implications.

is uneconomic to bring it up to code as it requires damage by a natural event.

At present, there are no specific tax rules relating to earthquake strengthening.

There is a lot of lobbying going on from

Instead, general principles relating to

affected industry groups and the legal

“capital” vs. “revenue” apply. These

and tax community for the Government

principles have been laid down through

to make changes to the deductibility or

case law and I am sad to report that as the

depreciation rules. A review of these rules

law currently stands will result in a finding

is not on the IRD’s latest work programme,

of non-deductible capital expenditure in

but we expect that changes will eventually

almost all cases.

be made. As a side note, an updated policy

As buildings structures are no longer

on repairs and maintenance expenditure

depreciable, the general treatment of

is due out any day, and it may include

strengthening work as capital is of real

some comments on earthquake related

concern to businesses as the expenditure

expenditure.

would be “black hole” expenditure. In other words, no tax deduction could ever

Assuming that changes will eventually be

be claimed for the amount. This would

made, the question will be what form those

have a significant impact on the viability of

changes will take. My personal opinion

some businesses.

is that earthquake strengthening would become depreciable as this would spread

Let’s start the discussion by creating some

Where the strengthening is required

the deductions for the expenditure over a

context. Let’s say you own a multi-storey

to retain an income stream (like in our

long period (perhaps as much as 50 years).

building in central Wellington with ground

example where the building is a rental

If the expenditure became deductible

floor retail and office space on the upper

property and the local council will not

upfront, the cost to the tax base would be

floors. The building cost $12m a few years

give it a WOF without the work being

too high in a period where tax revenues

ago and has an annual rental yield of $1m

performed), there is some scope to argue

are already down due to subdued economic

(gross). The building was built in the 1940s

that the amount is revenue in nature and

activity and this would delay the countries

so requires $1m in strengthening. If this

therefore deductible, although it remains

return to surpluses.

22

Around the regions CBANZ members, ITaB apprentices, tutors and industry representatives have been getting together for learning and socialising around the country.

At a Builders Breakfast supported by ITM and Carters at Wairakei Institute of Technology in Taupo, local builders and students got together and enjoy a BBQ in December.

ABOVE LEFT: Rodney and Dean from ITM, Murray and Smiley from Carters man the barbies.

This Builders Training night was held at EIT in Napier with discussion focusing on Apprenticeship training.

Market yourself and your company!

Make sure you’re covered – even if the

your company name or logo just like Digby

sun’s not shining it can still do damage!

Toothill did? Digby chose to place the

Grab one of these awesome caps for

CBANZ logo on the back of his caps.

just $20. Price includes the CBANZ Logo embroidered on the front of the cap: • 100% Cotton

• Velcro closure

Why not get your caps embroidered with

Contact Millie T at National Support office and she will organise it for you!

Contact Millie T ph 07 927 7720 or email millie.t@certified.co.nz

New campaign to prevent falls from height

By Francois Barton, Harm Reduction Programme Manager, Department of Labour

The human and financial toll of falls from height in construction are simply too high. Serious harm notifications to the Department of Labour from the construction sector show more than 50% of falls are from less than three metres and approximately 70% are

from ladders and roofs. The cost of falls from height in construction has been estimated at $24 million a year.

there’s simply nothing in place at all.

That’s why the Department has launched

contractual relationship with a principal.

a three-year harm reduction campaign on

The evidence also tells us that it’s builders, roofers, electrical workers, painters and decorators who are the most likely to fall from height and get seriously hurt. And they’ll often have a

working safely at height.

This sobering picture is why the

Evidence tells us that construction

information they need to work safely

workers are getting seriously injured and killed in falls from height for a number of reasons: the wrong safety gear is selected, the gear isn’t up to standard, the gear hasn’t been set up properly or

Department is ensuring everyone has the at height – principals, contractors, subcontractors, employers and workers.

Everyone is responsible for preventing falls on a construction site.

The Department is reminding everyone to think about the hazard of working at height – before the job starts, when it’s kicking off, and when the work is under way.

It’s about spelling out the need to select the most effective controls for managing the height hazard, starting with elimination (do you need to be up there at all?), then isolation (edge protection, scaffolding and only then minimisation (fall restraints, ladders).

It’s also about underlining the importance of people having the skills and supervision to work safely.

The Department’s campaign will deliver simple and practical resources for how to work safely with ladders, and how to work safely on single-storey roofs.

We’ll also be reminding principals that they have a

critical and active role to request, assess

We will also find firms and clients that

18-year-old apprentice from breaking his

and monitor how their contractors are

see fall prevention as simply smart

back while painting a new house – left

working at height.

business. We know there are businesses

unable to walk properly – or play rugby

investing in good systems and approaches

with his mates.

The importance of identifying the hazard of working at height and selecting effective controls is undeniable, it makes sense. It’s also the law.

That’s why later this year the Department will start targeted enforcement activities. Our inspectors will be visiting construction sites across the country where we suspect corners are being cut.

We will be out and about to make sure firms are taking their ethical, social and legal responsibilities seriously. This will include working up the chain of command to look at the role played by principals.

to ensuring people don’t fall while working at height and get seriously

It’s about ensuring a 50-year-old

injured or killed.

construction manager – who’s been in the business for years – uses edge protection

The Department is committed to working

and isn’t left with serious head injuries

with sector associations, trade groups and

when he falls from the roof.

industry leaders to recognise, promote and support productive and safe work

Everyone has a role to play in health

practices.

and safety in the workplace – in every industry. Work together to identify

A practical example of this commitment

hazards in the workplace - ensure

is the work we’ve been doing alongside

everyone is properly trained and

representatives from the construction

supervised and able to identify and

sector to develop best practice guidelines.

evaluate the hazard of working at height.

The Best Practice Guidelines for Working

The Department has more information

at Height in New Zealand are now being

available www.dol.govt.nz/prevent-falls/

finalised, after we received a number

including information about the Health

of submissions to the draft guidelines

and Safety in Employment Act and how it

during January.

applies to workplaces. You can also call the Department’s Contact Centre on 0800

This campaign aims to reduce the number

20 90 20 if you have specific questions or

of people falling from height while

concerns about your workplace.

they work and the impact of this on our communities. That means preventing an

Falls from height in construction are preventable. Doing nothing is not an option.

2525 25

5

free

helplines

Contracts

Employment

For help with contracts issues contact Peter Degerholm at Calderglen

Advice on any employment-related issue

Associates. Phone sessions are limited

is available from specialist Tauranga law

to 20 minutes and written questions

firm, Employment & Environment Law.

must be kept brief though they

Danny Jacobson and Trudy Marshall will

may include relevant extracts from

assess the employment issue and give

documents.

general guidance on the best options in

Danny Jacobson

phone sessions of approx 5-10 minutes. It Peter Degerholm Ph 04 587 0061 or 021 307 232 Fax 04 587 0062

Peter Degerholm

is not intended as a substitute for formal employment/legal advice. You must identify yourself as a CBANZ member

email peter@calderglen.co.nz

and any information you disclose will be treated with confidence.

Business-related legal issues

Trudy Marshall

Ph 07 928 0529 or 021 857 529 email trudy@e2law.co.nz web www.e2law.co.nz

For advice on business-related legal issues, Auckland commercial law firm Madison Hardy is offering a free service to CBANZ members. It will only cost you the price of the phone call. Free advice sessions are

Geoff Hardy

limited to 20 minutes.

Experienced lawyer, and CBANZ director Geoff Hardy and junior lawyer Gagan

For general business, accounting or tax

Tangri will answer your queries, during

issues you can contact Steve Brocklebank

business hours.

Geoff Hardy Ph 09 379 0700 Gagan Tangri Ph 09 970 9567

General business, accounting or tax of PricewaterhouseCoopers. Phone sessions are limited to 10 minutes at

Gagan Tangri

Steve Brocklebank

first, and emails should be kept to the point. You must identify yourself as a CBANZ member and any information you disclose will be treated with confidence.

Insurance

Steve Brocklebank Ph 03 470 3615 or 027 433 6025

For advice on any insurance-related issue

email steve.j.brocklebank@nz.pwc.com

contact Jim Rickard at CBA Insurances. If you have your own broker they should be your first point of contact. However, Jim is happy to help with any claims problems

Jim Rickard

and with any general question about what cover you should have as a builder.

Ph. 07 579 6259 or 0274 505 528 Email jim@certified.co.nz

It’s your call!...

26 26 26

27

28

Licensed? Show it!

Certified Builders can now supply you with a suite of LBP stickers for:

invoices

letterheads vehicles

business cards

envelopes windows

Stickers are available in the black/white version or the green/white version of the LBP logo.

LBP Stickers

Window stickers (150mm round)

Stamp size stickers for use on

Green/white version

Black/white version

$3.50 each

$3.50 each

$7.50 per sheet (40 per sheet)

$7.50 per sheet (40 per sheet)

business cards, invoices, letterheads, envelopes etc (25mm round)

Please note: LBP stickers will be supplied only to those of you who are current Licensed Building Practitioners and this will be strictly regulated.

Special thanks to Tauranga member Blair Arrowsmith for the inspiration and ideas for the LBP stickers.

29

April 2012 changes: What employers need to know Do you have an employee with a student loan? Do you make superannuation

ESCT changes

contributions for your employee? There

As announced in Budget 2011, the

are a number of changes under way

employer superannuation contribution

regarding student loans and employer

tax (ESCT) exemption that applied

superannuation contribution tax (ESCT),

to employer superannuation

and some of the changes will impact on

contributions made to KiwiSaver and/

you as an employer.

or Complying Funds will be removed

contributions are being paid to a defined benefit fund. If your contributions are not being paid to a defined benefit fund then the ESCT will need to be calculated:

o at the employee’s marginal rate, or o you can treat their employer contribution as salary or wages

from 1 April 2012. If you’re making

and tax them through PAYE (with

In both cases, you will need to upgrade

a contribution to your employees’

the agreement of the employee).

your software by 1 April 2012 if you

KiwiSaver scheme or a complying

use a payroll package. Inland Revenue

fund, then all your superannuation

We’ll be updating the online PAYE

is working with software developer

contributions will be liable for ESCT.

calculator to reflect the changes. We’re currently working with payroll software

companies to amend their payroll and related products to enable these changes.

The way ESCT is calculated has

providers to get the rates updated to

also changed. From 1 April 2012,

payroll software packages.

Here Inland Revenue explains the key

the flat rate option of 33% can no

facts so you can be prepared.

longer be used unless the employer

Student loans changes The Government has enacted the Student Loan Scheme Act 2011 to improve the way student loans are managed, repaid, and administered.

While these changes are designed to make life easier for borrowers, employers must also be aware of what’s happening.

An employee may have new requirements that you’ll need to take into account when you do the payroll.

Here’s what you need to know. All the student loan changes described below take effect from April 2012.

Pay period repayment obligations Generally borrowers must use the ‘SL’ repayment code. Borrowers earning over the pay period repayment threshold, eg $367 a week, must make student loan repayments. You’ll need to deduct student loan repayments from your employee’s salary or wage as is current practice.

The standard student loan deductions you make from your employee’s salary or wages are generally treated as their repayment obligation, unless there’s an over- or under-deduction. Make sure your deductions are correct and properly identified on your EMS. A full-time student may qualify for an exemption from deductions. Please see ‘Repayment deduction exemption’.

30

Over- and under-deductions

More information: www.ird.govt.nz/changes

coming year, even if they earn more than

Borrowers who have significant over-

$367 a week from time to time. If your

deductions can ask us for a refund,

employee qualifies for the exemption,

or they can put the extra repayments

they can apply for this through our

towards their loan.

online services from March 2012. They’ll present you with the RDE certificate,

If there’s a significant under-deduction,

authorising you to stop making student

we’ll ask the borrower and their

loan deductions for the period covered.

employer to make additional deductions

Please take the RDE certificate and file it

from the employee’s salary or wage to

with your records.

catch up this under-deduction. If your employee is in this situation, we’ll tell you

Secondary employment

how much the catch-up deductions will

Borrowers who have more than one job

be. Please use the repayment code ‘SLCIR’

can apply to us for a special deduction rate

to identify these extra repayments in your

for their secondary jobs if they expect to

employer monthly schedule.

earn less than the pay-period repayment threshold (eg, $367 a week) from their

The student loan system is designed to

main job, but their total earnings will be

help borrowers repay their loan ‘as they

greater than the pay-period repayment

go’ so please make sure you’re deducting

threshold. They need to review their

the right amounts every payday – not too

estimated earnings every quarter.

much and not too little.

If your employee qualifies, they can apply Voluntary repayments

for the reduced rate through our online

A borrower wanting to pay more towards

services from March 2012. They’ll present

their loan can ask you to make additional

you with the special deduction rate (SDR)

deductions from their salary or wage.

certificate showing the rate of student

Please identify these additional deductions

loan deductions you’ll need to take

in your employer monthly schedule by

from the employee’s salary or wage for

using the repayment code ‘SLBOR’.

the period covered. Please take the SDR certificate and file it with your records.

Repayment deduction exemption Full-time students can apply for a ‘repayment deduction exemption’ (RDE) if they expect to earn less than the annual repayment threshold ($19,084) over the

See more at: www.ird.govt.nz/studentloans

Builders Brag Page Send us in your hunting & fishing pics and we’ll reward those that get published on this page with a Hunting & Fishing New Zealand Fleece Gutbusta Bush Shirt valued at $39.99.

Send photos to: Builders Brag Page PO Box 4472 Palmerston North

Or email in hi-res to erin@huntingandfishing.co.nz (be sure and identify clearly that you are sending an entry for the Certified Builders Brag Page as well as your full contact details!)

Please note photos submitted must be from a CBANZ or ITaB member or a company affliated with Certified Builders.

Jon Fox, manager of Kerikeri Hunting & Fishing NZ with a 9kg kingi caught on a pirate jig with a Daiwa Barra / Bayrunner combo in January 2012!

32 stores nationwide Ph: 0800 486 834 (0800 HUNT FISH) Shop online or register for catalogues www.huntingandfishing.co.nz 31

In

3

easy steps

you can have youR very own 4-page website

just $695 (+ GST)

Take a look at one of the websites we have created www.reliabuilt.co.nz What they wanted: The Reliabuilt team specified a clean and user friendly website with major emphasis on their past projects.

Job Build: The home page was designed to draw the browser’s attention directly to Reliabuilt’s past projects, with easy viewing without leaving the home page.

Job Outcome: A vibrant 4-page website with a Team page to build confidence in the browser and lots of great quality images of past projects to sell their services and prove their experience.

Get a Website ... and your business can be on display 24 hours a day, 7 days a week, 365 days a year!

To find out how ... Contact Eve ph 0800 CERTIFIED or email eve@certified.co.nz

Don’t forget our CBANZ Fisher & Paykel partnership Just a reminder that we still have a relationship with Fisher & Paykel – bringing our members some very competitive discounts on the full range of Fisher & Paykel and Elba by Fisher & Paykel and now Haier appliances.

For more information contact Millie at National Support Office ph 07 927 7720 or millie.t@certified.co.nz

32

33

Finding out about home performance

By Andrea Blackmore, Beacon Pathway Inc

Whether your clients are building a new home or renovating their existing home, it is always a good time to talk to them about improving their home’s performance – making it warmer, drier, healthier, more energy and water efficient, and cheaper to run. Even though achieving good performance is based on simple concepts, putting it all together can be complex.

And the hardest thing for most people is to find independent information to work out what to do.

Verney Ryan assesses ceiling insulation for a Homestar assessment.

some building knowledge – designers,

advice individualised to your particular

builders, tradespeople – and gives more

situation.

technical detail on how to achieve the desired results. The great feature of

Some councils offer an Eco Design

Level is that it links into the wealth of

Advisor service. Eco Design Advisors

Fortunately, there are some free

information for builders on the BRANZ

provide free, independent, face-to-

resources at your fingertips to help

website and will take you straight to

face advice on sustainable building

guide you and your clients to good

advisory bulletins, guides and research.

and renovation options. It’s not just for homeowners - designers, building

decisions.

For those renovating older homes –

contractors and developers can use the

For a start, the Department of Building

villas, bungalows, art deco, 1940s-60s

service too.

and Housing’s Smarter Homes website

or 1970s – BRANZ’s Renovate website

(www.smarterhomes.org.nz) is a good

(www.renovate.org.nz) is the place to

You can get feedback on plans or have

basic place to send your clients for an

go. It pulls together information and

an Eco Design Advisor visit an existing

overview of the issues involved. It gives

advice relevant to the issues that you

home. Their advice covers insulation,

a broad picture of the elements which

face in improving the performance of

double glazing, ventilation, hot water

contribute to home performance, from

these older homes (for example, the

systems, heating, energy efficiency,

designing for the sun, insulation and

lack of roof space for installing ceiling

draught proofing, moisture control,

double glazing, to ventilation, energy

insulation in art deco houses). Again, the

rainwater tanks, greywater reuse and

efficiency, water conservation, and

Renovate website is aimed at those with

water efficiency.

healthy materials .

some technical knowledge already.

Complementing Smarter Homes is

These sites all give general advice which

Auckland, Hamilton, Palmerston North,

the Level website (www.level.org.

you can apply to the project in hand but

Kapiti Coast, Hutt City and Nelson.

nz). It is aimed more at those with

there are a couple of places to go to get

Check the Eco Design Advisor website

1

Eco Design Advisors currently operate in

1 This website is currently being updated.

34 34

(www.ecodesignadvisor.org.nz) or your

and performance of your home. The

local council for up-to-date contact

advantage of working with a Homestar

details.

Practitioner is that they can guide you

About Beacon Pathway

to maximise the performance of your Finally, the new Homestar™ website

new home or renovation – and your

(www.homestar.org.nz) offers more than

Homestar rating.

just a rating of a home’s performance.

Beacon Pathway is committed to the transformation of New Zealand’s homes and

Using their free online rating tool, you

There are lots of things to consider

can generate a list of recommendations

when planning a new home or major

make them higher performing,

on how you can improve your home’s

renovation, and incorporating good

more adaptable, resilient

performance – you can then prioritise

design and features early on can avoid

this according to costs or outcomes.

costly alterations later on. These

Alternatively, you can pay to work with a

resources are here to help you and your

research and a collaborative

Homestar Practitioner.

clients. Best of all, they are based on the

approach to creating change.

neighbourhoods, working to

and affordable through demonstration projects, robust

latest research and they are not linked These industry professionals have been

to any particular products – you can rely

trained and accredited to provide

on the independence of their advice.

advice on home design and features

Make the most of them.

that contribute to the comfort, health

Members of Beacon Pathway Incorporated include EECA, Christchurch City Council, Certified Builders, New Zealand Steel, Insulpro, Resene, and Fletcher Aluminium.

For further information about Beacon Pathway visit www. beaconpathway.co.nz.

35 35

Q&A – the law at work A: Danny Jacobson & Trudy Marshall e2Law — Employment & Environment Law

Unless otherwise specifically

agreements. Such a clause provides

provided for contractually in your

for the ending of contractual

employment agreements, you do

obligations owed by the parties to

have a legal obligation to provide

an employment agreement if an

paid work for your employees.

unexpected serious event occurs

We would need to review your

which is beyond the control of the

employment agreements to see

employer and which impacts on

whether you have either or both of

the employment relationship (such

the following clauses:

as fire, flood, storm, earthquake, explosion, terrorism and the like).

• A “no work, no pay” clause, which is common in the building industry and other trades. Such

PROTECTIVE CLOTHING AND EQUIPMENT

a clause makes it clear that if an employer cannot offer work for

The following questions have arisen in

worksites where it is compulsory

wages are payable for the period

to wear safety boots. We require

of time that work is unavailable.

our staff to supply their own safety

The clause may even contemplate

boots at their own cost. One of our

that you may not be able to give

staff is saying that he has spoken to

any notice of a no work, no pay

the Department of Labour and that

situation arising.

it is our obligation to provide the

• A “days/hours of work” clause

cases in which e2Law has recently been

increase or reduce the ordinary hours of work either on a temporary basis, or permanently,

FLEXIBILITY IN A DOWNTURN OR DISASTER

following consultation with the affected employees.

We are a small building business

If you do not have either of these

which is currently suffering a real

clauses, you will not be able to put

downturn in work. We expect this

your staff off work without pay

to be temporary as in the past we

unless they specifically agree to this

have always been very busy in the

arrangement or are prepared to use

first half of the year. We want to

up any annual leave owing.

retain our staff in the expectation

The Christchurch earthquakes and

we will need them over that period,

more recently the Rena grounding

but cannot afford to pay them in

and oil and container spillages in

the meantime. Can we advise our

Tauranga have also highlighted

full time staff that they are on a

unexpected consequences for

period of leave without pay for the

employers and employees. We

next 2 to 3 weeks on the basis we

are recommending that employers

have no work so cannot pay them?

should consider including a “force majeure” clause in employment

36 36

safety boots. Is this correct?

which provides for you to

involved:

Q:

Q: Our building business operates on

reasons beyond its control, no

A:

Yes, it is correct. Section 10 of the Health and Safety in Employment Act 1992 requires that an employer provide, make accessible to, and ensure the use of by employees of suitable clothing and equipment to protect them from harm. The section specifically states that an employer will not comply with that obligation by paying an employee an allowance or extra salary or wages instead of providing the protective clothing or equipment; or by requiring an employee to provide his or her own protective clothing or equipment as a precondition of employment or as a term or condition in an employment agreement. However, an employee is able to genuinely and voluntarily

choose to provide his or her own protective clothing for reasons of his or her comfort or convenience, but the employer must still be satisfied that the protective clothing is suitable. An employee who has chosen to provide his or her own protective clothing can, after giving reasonable notice to the employer, choose that the employer provide protective clothing instead of providing it himself or herself.

Trudy Marshall and Danny Jacobson are Partners at Employment & Environment Law, Barristers and Solicitors, Tauranga. They operate our Employment Helpline for CBANZ members: ph 07 928 0529. They have also previously produced a Guide for Employers in the Construction Industry which CBANZ can send out to members on request.

(The above is by its nature general, and is not intended to be a substitute for legal advice).

37

FrameMaster-Li™ Driving Evolution The world’s number one framing nailer just got a whole lot better, with the

charging life and prevents disengaged

entire BRANZ appraised Paslode D-Head

batteries dropping from the tool.

and RounDrive nail range. Just look for our orange Impulse nail packs to

Two Battery Offer

know you have the right nails for your

FrameMaster-Li™.

release of the new Paslode Impulse

FrameMaster-Li

™

. With advanced

A great new offer for the

Lithium-Ion battery technology and

FrameMaster-Li™ tool is that it will

improved depth of drive adjustment the

now come with two batteries as standard.

Paslode FrameMaster-Li is the ™

next driving evolution of the world’s most popular framing nailer.

The new FrameMaster-Li

includes

some serious upgrades and our engineers have designed the next generation with the New Zealand trade professional in mind.

Superior Lithium-Ion Battery Technology The FrameMaster-Li

™

New Tool Free Depth of Drive

uses cutting-

selection on the job site.

Quality As the new standard Impulse tool

Professional carpenters have long ™

Our handy

site guide will also help you with nail

appreciated our tool free depth of drive adjustment. The FrameMaster-Li

™

from Paslode the FrameMaster-

Li™ is packed with all of the high performance features that you know

delivers another knock-out improvement

plus a few extra tricks to make your

with an innovative solution to make

job easier. We hope you agree with us

changing the depth of drive a whole lot

that the refined engineering, supported

easier. A new “pinch-grip” depth of drive

by decades of experience and global

adjuster makes changing drive depth for

leadership in power nailing means that

different timbers, nails and applications

FrameMaster-Li™ will be the

easier and smoother.

Our designers didn’t forget our existing

choice for our next generation of builders as well as seasoned trade professionals.

edge Lithium-Ion battery technology.

FrameMaster® tool owners either. The

This new battery system is the result

new pinch-grip depth of drive adjuster

of a revolutionary advance in high

can be retro-fitted onto traditional

shock resistant technology that ensures

FrameMaster tools1�so that our existing

maximum performance in a lightweight

FrameMaster builders can also enjoy

FrameMaster-Li™ is another

power pack. The more compact 7.4 Volt

some new benefits.

legend in the making, bringing state of

Lithium-Ion battery packs a real punch.

Each charge drives 6,000 shots – 50% more than traditional Nickel-Cadmium technology.

Battery charge time has been slashed in half to ensure a full charge in just 1-hour.

Charging life has also been extended up to 5-times longer, but if you find yourself in a tough spot a 2-minute charge will deliver an impressive 200 shots to get you through.

our flagship

Framing Nailer

is the addition of an On / Off battery position. This allows the battery to be disengaged but remain secure on-board

New Zealand Unique 90mm Nailer

and technology. The Paslode

New Zealand building professional.

The challenging construction environment in New Zealand mandates that the core fastener for timber structural framing applications is a

Paslode® … Connect with Powerful Ideas

90mm nail. In other countries different timber types and construction methods dictate a shorter standard nail and tools accommodate our 90mm nail. Paslode has specially engineered the New Zealand

FrameMaster-Li™ to work with our

Don’t forget to register your tool online or contact Paslode. www.paslode.co.nz

ph 09 477 3000

unique 90mm nail.

when the tool is not in use. This has

The FrameMaster-Li™ is also

the added benefit of increasing battery

designed exclusively for use with our

38

improvements in design, performance

the art nail driving technology to the

from those markets are not designed to

Another popular innovation taken from

Driving evolution is here with

1. Note this does not retro-fit to nailer models prior to the Paslode FrameMaster.