August/Sept 2012 Inhouse

August / September 2012

The official magazine of Certified Builders Association of New Zealand Inc

Apprentice Challenge rocks!

Zac Wilkinson scales heights for top honours!

Conference 2012 review

– Pgs 18-21

– Pgs 10-13

Don’t despair, there is a way to recover your money – Pgs 16,17 Waikato builders create a splash in Rotorua – Pgs 36,37

Building for a young battler in Hawke’s Bay – Pg 4

INHOUSE Activity approved by the Registrar

Contents Hawke’s Bay Builders back Jessica’s fight

Pg 4

Association news

pg 5

Message from the Chief Executive

pg 7

From the Desk at Operations

pg 8

Around the regions: Western Bay of Plenty

pg 9

Review of CBANZ annual conference

pg 10-13

Don’t despair, there is a way to recover your money pg 16,17 – Geoff Hardy IRD takes hardline on Depreciation – PWC Guarantees and Insurances

pg 22,23

pg 28,29

Leaky Buildings: What are they and why get involved?

– Department of Building and Housing

pg 30,31

6th CBANZ Helpline

pg 33

Hunting & Fishing giveaway

pg 34

Waikato builders make a splash

pg 36,37

Making the most of the sun

pg 38,39

Every bloke needs a man cave

pg 40,41

Q&A: The law at work – E2Law

pg 44

New mobile app launched – IRD

pg 47

Message from the Chairman Wellington 2012 – what a great success our 14th Annual Conference was and such a brilliant venue. Kudos to all the hardworking team at National Support Office who organised it. We have had nothing but positive feedback from our members and industry partners. Our conferences just get better and better. Make sure that Blenheim 2013 is on your calendar. I really enjoyed catching up with many of you as well as the Apprentice Challenge finalists. Meeting that group of talented and confident young guys definitely gives you the feeling that the future of our industry is in good hands.

With things showing signs of picking up now might be a good time to consider taking on an apprentice. Remember back in the day somebody gave you a chance.

I’d like to see us build on this positivity as CBANZ leads the way out of these sorry times. With a committed and enthusiastic group of Presidents and regional committees we have the resources to achieve great things. Support these guys and enjoy the networking and other opportunities that result from their hard work. As a perfect example of this I’d like to acknowledge the efforts of Warwick Leigh-James and the Waikato boys for organising such a successful presence at

ON THE COVER

Fieldays. Great work team!

Christchurch apprentice Zac Wilkinson is the winner of the 3rd Annual Apprentice Challenge.

Jason McClintock’s Roadshows are attracting

See Pg 18,19 for Zac’s story

industry issues. We will be constantly looking

For more on the Challenge see Pgs 20,21.

reasonable numbers which shows that our members and others are definitely realising the importance of being informed on current at further ways of keeping you up-to-date with industry developments and helping you improve your businesses and gain an edge in the market.

On a final note, the Labour Department is

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

starting to visit residential sites to check out compliance around safe working at heights.

Don’t be caught out.

Dave Brown Chairman Certified Builders Association of New Zealand

inhouse August-September 2012

3

AROUND THE REGIONS

Hawke’s Bay

EIT trades tutors teamed up with local builders to give Jessica and family a warm welcome when they return to their Napier home.

Builders back little battler’s cancer fight EIT carpentry tutors and local builders

possible,” says Lans Hasselman, Hawke’s

other projects undertaken for Cranford

have put their muscle into helping a

Bay president of Certified Builders.

Hospice, the New Zealand Fire Service,

“very brave” Napier youngster battling an aggressive form of leukaemia.

Six year-old Jessica Hermansen has

members happy to lend a hand. The

Jessica’s family acknowledge the

been in Auckland’s Starship Hospital

20 or so volunteers included seven EIT

following for donating time and goods:

since being diagnosed with acute

carpentry tutors.

myeloid leukaemia. Her mother, Joanna Monteith, and father, Lorne Hermansen, have given up their jobs to be with their

response” from members and associate

Cystic Fibrosis Association of NZ.

Hawke’s Bay Power Consumers Trust – for While nothing is certain, grandparents

underfloor and ceiling insulation.

Brian Monteith and Margie Griffiths say Jessica is heading in the right direction in

Mitre 10 Mega – special thanks to

chemotherapy.

fighting the cancer.

Derek Parke for arranging building

The treatment will mean that when the

Brian says she has now regained her

insulation, timber etc) and his time.

appetite and, with her immunity

Derek was also instrumental in bringing

bouncing back, she will be able to join

Certified Builders on board.

daughter as she undergoes aggressive

family, including Jessica’s four-year-old brother Lucas, return to Hawke’s Bay, quite possibly next month, Jessica’s

supplies from their suppliers (gib board,

her family staying in Auckland’s Ronald

immune system will be at a low ebb.

McDonald House. “It’s day-to-day stuff,”

Keen to show their support in a practical

medical world has made in treating the

way, the Hawke’s Bay region of Certified

disease has been phenomenal over the

Builders Association stepped in with

last 10 years. Jessica has been a very

an offer to boost the insulation in the

brave little girl, showing amazing courage

family’s Maraenui home. On Friday June

to fight 24/7 for the past six months.”

22, builders and tutors gave their time to reline walls with Batts and restore rooms by installing new Gib, architraves,

Margie says, “but the progress the

The medical team originally sought a bone marrow transplant for Jessica but couldn’t

Certified Builders and president Lans Hasselman for massive input of labour.

Helen Whittaker – special thanks for interior decorating and donation of curtains and lining. Helen brought on board the following tradespeople who also donated time and goods: Tile Warehouse – tiles, Jackson Flooring – carpet and underlay, Les Walsh – carpet layer, Premier Curtains – manufacture of

skirtings and scotia.

find a match in Europe so have instead

“We wanted to help Jessica make a good

frozen storage in Alaska 10 years ago.

Window Treatments – blinds, Paul Mayo

Hawke’s Bay’s Certified Builders has

special mention to Trevor and Chris Liley

previously supported the community with

for their support and time,

used stem cells from an umbilicus put into

recovery by creating an environment that will be as healthy and warm as

4

Weka Point Scout Camp at Rissington and

The project attracted “a fantastic

inhouse August-September 2012

drapes, tracks supplied and installation, – for Gib stopping and plastering. Also

association

news

CBANZ/DBH national charge out, LBP survey Each year Certified Builders Association releases a national survey to monitor pay rate, charge out rates and build costs. This is used as a guide for members to monitor build costs in their region and other areas of New Zealand.

This year the survey takes on a new look with the Department of Building and Housing coming on board. The beginning

Platinum members who wish to take part

Parabeam® is designed to automatically

will get emailed the results. Those who

sound an alert whenever a person or

do not take part can request results at

vehicle passes through its precise infrared

a later date when a fee of $45 will be

detection beam.

charged.

This beam may be installed to monitor

The survey will be open until August 10.

Platinum members who take part in the

driveways, entranceways, open ground, storage areas or construction sites.

survey will be eligible to go into the

The maximum beam width is 40m. The

prize draw.

maximum wireless operating range

This year’s prize (pictured) has been kindly supplied by the Department of Building and Housing:

of the survey asks questions about your Licensing activities, this section is open to all Gold Card holders.

between the Beam-set and Base Receiver is 800m This kit includes:

 1 700-FSK Two-zone Receiver  1 700-FSK Beam-set

The survey then engages Platinum Card holders; it asks about business activities such as charge out rates, pay

 2 Solar Panels  2 Rechargeable Batteries

rates, mileage costs and build rates. The Association has added several questions such as costs involved for any members removing themselves from leaky building litigations.

 1 12V AC Adaptor for Base Receiver

 Mounting Brackets for Beam-set and solar panels

Appointment to Building Practitioners Board Building and Construction Minister Maurice

Licensed building practitioners are accountable to the

Williamson has announced the appointment of

independent Building Practitioners Board. The board

Richard Merrifield to the Building Practitioners

investigates and hears complaints, and can discipline

Board.

LBPs. The board also approves the rules and can hear appeals against decisions of the LBP registrar.

“Mr Merrifield will bring a wealth of industry

Former Certified Builders Association Chairman Richard Merrifield.

experience coupled with his knowledge and

Mr Merrifield has had a strong involvement with the

governance skills from a significant number

Certified Builders Association of New Zealand (CBANZ)

of industry related board and working group

having been a board member, Chair and past Chair.

appointments,” Mr Williamson says.

He has also held governance roles with the Building Research Association of New Zealand (BRANZ).”

inhouse August-September 2012

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6

Winning draw from Vodafone

Message from the Chief Executive Change continues to swirl through our daily working lives as we all continue to grow the sense of professionalism in When you have a “tablet” these days it is more likely to be a piece of technology rather than a pill and the habit is catching on. Vodafone recently offered an Android 10.1 Samsung Tablet as a prize to Certified Builders members using their service. The winner of the prize was selected from all entries of sales through Vodafone in the months of May and June. Drawing the prize (above) is Certified Builders Chairman Dave Brown with Hope Perry from Vodafone in Tauranga standing in for Alex Marshall.

Vodafone would like to thank Certified Builders members for their continued support. Congratulations to the winner of the Samsub tablet – Rob Gleeson of Create-A-Home Builders Limited, Helensville.

the industry. This has been reinforced recently by the release of the Working from Heights initiative as a programme to keep both ourselves and our co workers safe and also further legislation governing builders introduced to the House of Parliament in the form of Amendment #4 of the Building Act. This bill when passed will have significant impact on how we work with our customers including some requirements to make certain disclosures of information to customers before work begins. This law is still proceeding through the Select Committee process,

Warm, waterproof & windproof

but keep an eye out for the changes when they are passed. At National Support Office we have been very active with this new piece of law and will keep

Feeling a bit freezing on site?

you advised of the impacts to you as it progresses.

Certified Builders has a great deal going with outdoor vests for a great price. Only limited stock so get in quick!

• • • • • •

A big thank you to all those who supported our AGM and National

Warm shepherd fleece lining

Conference held at Te Papa in Wellington

Waterproof and Windproof

recently. Comments we have received

Two front pockets

from both members attending and also

Inner middle pocket

from the suppliers who again provided

Two inner pockets

excellent support, have been very

(one is for a cellphone)

positive and the mixture of education,

Foldaway hood which

networking and some social activities

can be tucked away

seemed to have hit the spot.

or left out.

Thank you again your support is appreciated.

The vests come branded with the Certified Builders logo.

Grant Florence Chief Executive Certified Builders Association

Only $35 each inc gst

inhouse August-September 2012

7

On the road – Good to Great presentations

From the desk at Operations

By Jason McClintock Operations Manager Licensed Building Practitioner

Since the advent of the Licensed Building Practitioner scheme National Support Office has received many enquiries about how this has affected practitioner’s liabilities and what is available to help them manage these. Some of these were “perceived” liabilities often driven by ill-informed practitioners.

tools to assist managing builder’s risk, an

CBANZ hit the road explaining

Builders and LBPs need to be asking

the environment of liabilities that

themselves – do they wish to carry

practitioners have been working in for

the cost of risk or shift it across to an

the past 10 years; we did this through the

insurance company that will specialise in

example of a WHRS case. This example

this?

important consideration in an industry which often has the builder exposed to failure through the sequence of systems it takes to complete a project.

Co presenter, Ben Rickard presented liability insurance products available through CBA Insurances. Ben demonstrated the effects and costs when faced with litigation. It soon became evident to me that builders have been under-insured for some time; however we now have products that can cover this shortfall.

was then dumped into the middle of the LBP scheme; while some areas have yet

The Association’s new partnership with

to be contested we found benefits by

LocknLoad proved just the ticket for

using the CBANZ handbook particularly

managing risk on site. Mai Aoake showed

the more detailed record of works within

attendees how this can be done with a

this. The Association offers many simple

click of a button, whether it’s with a new whizz bang smart phone or the trusty old brick.

Recording valuable site information and directives which otherwise may get disputed by clients. Should you find yourself having to prove your innocence in court, the chronological evidence produced will help your defence case.

While most of the presentations have now finished you may wish to speak with the presenters to discuss risk management.

Contact Jason at Certified Builders Ph 0800 237 843.

Gwenda Jones CBA Insurance Ph 0800 237 843.

Mai Aoake at LocknLoad Ph 0274 345 669

Mai of LocknLoad presenting in Whakatane.

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inhouse August-September 2012

AROUND THE REGIONS

Western Bay of Plenty

Kids benefit from Apprentice Challenge

To purchase your Site Handbooks please contact Millie Turkington at National Support Office on 0800 Certified or email Millie.t@certified.co.nz you will receive 5 Handbooks for $10 inclusive of GST and postage.

One of the wendy houses from the Western Bay of Plenty Apprentice Challenge was set aside as a gift to the community. Welcome Bay Kindergarten was very pleased to receive their new playhouse.

Committee member Simon Robinson and President Jason McClintock are pictured handing over the Wendy House. Simon’s son Blake Robinson cuts the ribbon to officially call the Wendy House open for play time, kindy staff look on very pleased with the gift from Certified Builders Association which looks great in the kindergarten’s garden grove.

earning your points

LBP skills maintenance points One hour learning = one skills maintenance point Any learning of building related information of a technical nature is valid for points

• • • • • • •

inhouse Local members meeting Reading a merchant’s magazine Onsite training Any off site training or seminar Business training that will affect your building business Formal training such as a level 5 course

Don’t forget to keep your own register of points accrued and evidence of attendance e.g. meeting flyer.

The Western Bay of Plenty Apprentice competitors from the regional heat of the Annual Apprentice Challenge with their competition certificates. Certified Builders Operations Manager Jason McLintock is at right.

inhouse August-September 2012

9

Flushline sill for APL Residential Sliding Doors The innovative ‘Flushline’ sliding door sill has now been rolled out to APL’s market-leading brands, Altherm, First and Vantage.

Following on from its introduction in the Residential Thermal Heart™ range the Flushline sill, as its name implies, has a flush appearance imparted by a special elevated roller track.

This innovative platform design still incorporates a drainage cavity. Standard residential slider frames have traditionally had exposed upstands or fins for

xxxxxx The square-edge threshold option is shown here with a totally flush system from inside to outside (appropriate set down and tolerances should be determined from NZBC Clause E2).

sliding door rollers. In these the track cavity is fully displayed.

An outstanding feature of the new system is the smooth rolling, easy glide performance of the sliding panels, even when heavier double glazed doors are used. APL’s policy of preferring bottom-rolling rather than top hung door systems to better manage lintel sag and enhance easy movement has been further advanced by highly effective new rollers.

Two threshold options are available – sloped and squareedge, as illustrated.

Sectional view of the Flushline sliding door sill with sloping threshold and a flush floorto-frame interior.

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15

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

Don’t despair, there is a way to recover your money

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

There must be an element of luck

ends up being out of pocket by $100,000-

because I have also helped out many

$300,000.

builders who appear to me to be good managers and conscientious craftsmen,

Then there are the residential or light

but despite this they have had a major

commercial projects done on a fixed price

fallout with their client and have lost a

basis where a lot of additional work turns

lot of money as a result.

out to be needed. The builder submits a variation claim, but the owner rejects

I speak to a lot of builders in the course of running my legal practice, answering the calls that come in on the free CBANZ legal helpline, attending CBANZ board meetings and the annual conference, and presenting papers at seminars. Many of these builders have had a good run with their clients over the years, and have encountered very few problems. I put this down to both good management and good luck.

16

inhouse August-September 2012

When you first meet a client and you are

it on the basis that it was within the

both excited about the prospect of a new

scope of works covered by the builder’s

project, it is usually very difficult to tell

original quote. Neither the plans and

how that person is going to behave when

specifications, nor the quote, are detailed

the honeymoon is over and tensions start

enough to settle the issue one way or

to emerge. Let’s face it, in a cross section

another, but the builder certainly didn’t

of clients there is always going to be a

price the job in the knowledge that he

certain percentage who are distrusting,

would be doing that work. On a $750,000

oversensitive, nit-picky, poorly organised,

project the builder is short-paid by

hopeless at budgeting, egotistical, self-

$50,000.

obsessed or downright dishonest.

Finally there are the cases where the Those kinds of clients are just a dispute

builder is engaged as a labour-only

waiting to happen. And because builders

carpentry subcontractor to a head

typically do their work on credit (they do

contractor. The builder works diligently

the work first and hope to be paid later)

but is continually frustrated by the

it is inevitable that when the disputes

failure of the head contractor (or owner,

emerge, the builders’ invoices aren’t

architect, or engineer) to coordinate the

going to get paid. I’ll give you three

other specialist trades efficiently, order in

examples of the types of disputes we

the materials on time, and make decisions

have been involved in recently.

on critical components or design changes.

Consequently the project runs well over

There are the up-market projects

time, and the owner blames the builder

where the builder is constructing a

for the additional accommodation

luxury house or holiday home for the

or borrowing costs, or lost rental or

wealthy businessman or socialite on a

commercial income, that are incurred as

cost-reimbursement basis. Because of

a result. The owner arbitrarily deducts

unforeseeable complications, continual

$30,000 from the $400,000 contract price.

changes to the original specification, or post-consent Council requirements, the

In those circumstances the builder has

cost of the work inevitably blows out.

a number of options for resolving the

The owner blames the builder and stops

dispute and recovering at least some of

paying. On a $1m-$2m project the builder

his money. Here are the main ones.

Your contract will usually say that

contract says. If there is a genuine

claim, the other side file their response,

disputes have to be resolved by

dispute and you are only arguing about

and then the adjudicator issues a written

negotiation, mediation and arbitration.

$15,000 or less, you can file a claim in

ruling.

Those options don’t make a lot of sense

the Disputes Tribunal. This is a quick,

to me, because when you are dealing

cheap and informal process that doesn’t

With CCA adjudications you do have

with stubborn parties who don’t want to

involve lawyers, although they can help

to pay the adjudicator’s fees, and you

give an inch, negotiation and mediation

you behind the scenes. However it is

do have to pay an experienced lawyer

just turn out to be expensive talkfests,

dangerous to use this in a residential

because the rules are strict and you

and arbitration can be as expensive

dispute, because the Referees in the

only get one shot at putting your best

and time-consuming as litigation in the

Disputes Tribunals don’t have experience

case forward. But the maths is usually

courts.

in construction projects and are too easily

pretty simple. As long as you recover

persuaded by homeowners’ plausible but

more out of the adjudication than you

misconceived claims.

spend on it, it’s a better economic return

If the building contract permits it, you

than spending nothing and recovering

can always sue the owner or head

nothing.

contractor in the District Court (up to

The good news is, there is a fourth option

$200,000) or High Court (above that

that we have had a lot of success with

amount). However because of the cost

lately. This is known as adjudication under

On a recent adjudication we did for a

and complexity of litigation it is simply

the Construction Contracts Act (“CCA”).

CBANZ builder, our client was awarded

not worth the risk of going there unless

It has a number of advantages, not the

94% of what he was claiming, plus

you have a watertight case. That usually

least of which is that the adjudicator is an

interest, plus costs. They are not always

means a written admission from the

expert in building projects or construction

that successful, but at least you get an

owner or head contractor that he owes

law, so he/she won’t be fooled by

outcome, you get closure, and you get a

you the money, but he isn’t going to pay

irrelevant or contrived claims. Because

sense of vindication.

it to you until he is good and ready.

of the tight time frames under the CCA you can usually get a ruling within 3

DISCLAIMER: This article is not intended

Fortunately there are some things

months, if you act decisively. And there is

you can do regardless of what the

no hearing involved – you simply file your

to be relied upon as legal advice.

inhouse August-September 2012

17

Apprentice news

Challenge win sends Zac Outward Bound A thrilled Zac Wilkinson is the winner of the 3rd Annual Apprentice Challenge after a competition he describes as “wicked”.

Zac, a final year ITaB apprentice at Christchurch Polytechnic Institute of Technology (CPIT), clinched the title in a close fought final at the 14th annual Certified Builders Conference at Te Papa in Wellington over the weekend of May 18-19.

ITaB Administrator Lisa Henderson says the judges were impressed by Zac’s confidence and knowledge in awarding him the ITaB Trophy and first prize of an Outward Bound Course valued at $3750.

Second place went to Andrew Higgins

Zac Wilkinson receives the winner’s trophy from Kevin Sceats of Winstone Wallaboards.

(Nelson Marlborough Institute of Technology – NMIT) who went home with a $2000 tool package from DeWalt and in third was Vine Collett (Unitec – Auckland) who won a $1000 voucher from ITM. The six finalists, aged 18-22 years, also included Aaron Kent (Bay of Plenty Polytechnic), Ben Wilson (Eastern Institute of Technology, Hawke’s Bay), and Michael Ferris (Northtec, Whangarei). All the finalists had won their regional competition in which they had to build a playhouse from set plans within 8 hours. Some competitors initially thought the challenge would be easy but eventually had to concede it was not that simple. Some could not complete the challenge in the allotted time, says Lisa.

At Conference, the six finalists had to submit a resume portfolio and face a panel interview answering questions about Licensing and the building industry and their own career aspirations. Lisa says it was interesting that only one finalist could name the Minister for Building and Construction Maurice Williamson! The finalists’ last challenge was to attend a

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inhouse August-September 2012

conference workshop and give the closing summary and thank the presenter. The panel of five judges comprised Paul Taylor (ITM), Kevin Sceats (Winstone Wallboards), Jason McClintock (CBANZ), Roger Duncan (AST), and Warwick Leigh-James (CBANZ Waikato).

Zac’s vast knowledge of the industry and confident public speaking helped him to the top score.

He credits his good people skills and ability to speak well to his role as head boy at school, a background in drama, and involvement in surf lifesaving. He says he had always intended to combine a degree with a trade qualification but a year into his accounting degree at Otago University he decided building was where is heart lay.

The 21-year-old says the whole conference weekend was “wicked” and he felt “thoroughly spoilt”. He recommends attending the Certified Builders conference to all apprentices: “It was cool to see the industry from other perspectives than just from a building site.”

He enjoyed meeting key people from Certified Builders, Winstones, ITM, BRANZ, Mitre 10 and other industry leaders and representatives: “We work with their products every day so it’s great to meet the people behind them.”

Zac also enjoyed the opportunity to meet other apprentices and says he will definitely keep in touch with some of them.

After the competition they were treated to some nerve-wracking relaxation on the Wellington waterfront at Fergs rock climbing wall.

Lisa says it was a privilege to work with the young men in the competition. Two of them who meet the age criteria - Vine Collett and Michael Ferris - have been invited to go on to the World Skills New Zealand competition. The Apprentice Challenge, which was opened up to all carpentry apprentices this year, can offer surprising opportunities, she says.

Special thanks to Winstone Wallboards, DeWalt and ITM for their support of the Apprentice Challenge.

Andrew Higgins is presented with his 2nd prize from DeWalt.

Left to right: The finalists – Aaron Kent, Zac Wilkinson 1ST CPIT, Christchurch, Ben Wilson, Vine Collett 3rd UNITEC, Auckland, Michael Ferris, Andrew Higgins 2nd NMIT Nelson.

Paul Taylor from ITM congratulates Vine Collett on his third prize.

Supported by:

Left to right: Andrew Higgins, Ben Wilson, Zac Wilkinson, Paul Taylor of ITM, Vine Collett, Aaron Kent and Michael Ferris.

New tools admired from the couch!

Second placegetter Andrew Higgins has had to delay putting his new tool package to work. Andrew says he was “stoked as“ with his “amazing” $2000 prize from De Walt but all he could do was admire it at this stage. Andrew’s been parked up at home for a few weeks with a snapped collarbone which he says is “not a pretty sight” but he’s looking forward to getting back into work – and his new tools – asap.

After the Challenge the finalists enjoyed a rock climbing session on Wellington’s waterfront.

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Apprentice news Completion Certificates ITaB would like to congratulate the following Apprentices on Completion of

NorthTec student younge

Apprenticeship Carpentry

He might have missed out on

students from other Polytechnics,

winning a national title but NorthTec

battled each other in an eight hour

Christchurch Polytechnic Institute

carpentry apprentice, Michael Ferris,

practical test. They then had to

has achieved a lot so early in his

face a panel interview and a public

building career.

speaking exercise to determine the

of Technology (CPIT): Kyle Anderson, Tyler Ashcroft, Christopher Bailey, Poorya Behnami, Daniel Cunningham, Rene de Kwant, Richard Ford, Christopher Fordham, Matthew Forman, Peter Gibson, Matthew Gower, Jordan Greville, Kyle Hastie, Shaun Holbrook, Henry Kingscote, Nicholas Mohi, Jacob Nelsen, Cameron Rennell, Matthew Ridgway, Elye Schist, Marshall Scrivenor, Jeffrey Steel, Adam Stone.

Manukau Institute of Technology (MIT): Nathan Blundell.

Nelson Institute of Technology (NMIT): David Clark, Michael Gibbs, Mitchell King, Levi Norris.

Northtec – Future Trades: Mark Chignell, Alistar Francis, Stephen Hay, Clinton Johns.

eventual winner.

Michael, 18, represented the Northland Region at the third

Their every move was watched

Industry Training Association Building

closely by almost 400 CBANZ

(ITaB) Apprentice Challenge in

members in attendance at the

Wellington over the weekend at

conference. This was something

the Certified Builders Conference.

that Michael admitted was

It proved quite an experience for

somewhat daunting to start with.

Michael that also provided him with

Prior to the trip to Wellington, the

good knowledge about where the

contenders needed to complete a

industry is heading.

portfolio of their work history and

Michael is currently studying towards

include pictorials, references and

a National Certificate in Carpentry

supporting documentation of their

(Level 4) at NorthTec and is serving

achievements from their employer.

an ITaB apprenticeship with David Millar Builders Ltd. Last year, Michael

Although Michael did not place

was also awarded a $500 joint

at the competition this year, he

Unitec: David Hartman, Timothy Mowlem.

scholarship by NorthTec and the

intends to give the national title

New Zealand Institute of Building

another crack in 2013, when he will

Congratulation on the completion of

(NZIOB) Northern Chapter for his top

be older and wiser with more work

academic performance.

experiences to draw from.

After winning the regional heats to

Michael’s employer, Dave Millar,

reach the ITaB Apprentice Challenge

said his apprentice, who had just

final, Michael, along with five other

begun his second year of the

Ryan Parsons, Andrew Ritchie, Shannon Tregigda.

Apprenticeship in Carpentry, proudly supported by the Apprentice employers, Polytechnic’s and Tutors and ITaB.

Apprentice Challenges cont Hawle’s Bay regional winner of the ITaB Apprentice Challenge Ben Wilson contested the national title at the Certified Builders Association annual conference in Wellington hard on the heels of the region’s successful contestant last year.

Last year the title was won by EIT carpentry student Paul McDowall, and EIT’s carpentry apprenticeship programme coordinator Shane Sigglekow hoped Hawke’s Bay could pull off the top placing yet again.

Ben (pictured left) , who works for Simon Moody of SKM Builders in Napier, was one of four competing in the regional ‘build-off’, staged at the new Napier Tumu ITM. The apprentices were each given eight hours to construct a

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inhouse August-September 2012

st in elite Apprentice Challenge “I discovered that to work in this industry it is not only vital to have a formal qualification, but also to uphold high work standards to ensure the ongoing credibility of our industry,” Michael explained.

On 13 March, both the Building Amendment Act 2012 and the Licensed Building Practitioner scheme (LBP) came into effect that places emphasis on higher standards by those working in the industry, giving added protection to home buyers and home owners.

Certified Builders Chief Executive, Grant Florence, said it supported the reforms and lobbied to get the LBP scheme introduced.

Certified Builders members he says are the only builders in New Zealand who are

Michael Ferris at work in the regional final of the Apprentice Challenge.

guaranteed to have trade qualifications apprenticeship, was by far the youngest

He said being at the CBANZ conference

equivalent to or better than National

at the national finals.

gave him the opportunity to network with

Trade Certificate in Carpentry (Level 4).

other CBANZ members and he was able to

The Building Amendment Act (4) includes

Despite coming up against tough

learn more about the legislative reforms

a range of measures designed to hold

competitors, Michael said he was pleased

that are going to play a significant part in

building practitioners to account who

to have made the final and been able to

shaping practices that are acceptable for

are not meeting the standard of work

test his limits in front of his peers.

the building and construction sector.

expected.

est created a buzz in Hawke’s Bay playhouse using building materials provided by the store, which

advertising and a sausage sizzle for the many people who

opened recently in Ahuriri. The competition was one of eight

turned out to watch the apprentices’ constructions take shape.

heats held around New Zealand.

ITaB in partnership with Certified Builders established the Sam Talbot, who is apprenticed to Paul Boaler of Havelock North,

Apprentice of the Year competition three years ago. This

was runner-up, while Chris Sanson (Homeworx, Napier) narrowly

was done to help highlight and recognise the high quality

edged out Jason Johnston (Dunnett Builders, Napier) for third.

of building apprentices coming out of our polytechs. EIT was proud to be a part of the shift towards getting carpentry

Shane says Napier store manager Jamie Webster “pulled out

apprentices back into the polytechs for face to face learning.

all the stops” in promoting the challenge and helped make it a really professionally run event. DeWalt provided top-of-the-line,

Ben went on to work up a portfolio of work for the national

tradesman-quality power tools to build the playhouses which

event at the 18-19 May conference at Wellington’s Te Papa

were gifted to early childcare education centres. Radio station

museum and undergo judging in panel interviews.

The Rock also supported the event, providing the sound system,

inhouse August-September 2012

21

Steve Brocklebank provides general business, accounting and tax advice for PricewaterhouseCoopers.

Steve can be contacted on

No ring fencing but IRD takes a hard line on depreciation

Ph 03 470 3615 or 027 433 6025 email steve.j.brocklebank@nz.pwc.com Some of this coverage related to the

be claimed whenever the property was

likelihood of new rules to prevent

available for rent (usually the majority

property owners from claiming a

of the time). A deduction can now be

property loss against other income for

claimed only for the portion of the rental

tax purposes, commonly known as loss

use to the total use of the property, likely

“ring fencing” or “quarantining”. There

to be a much lower percentage.

is currently no restriction on a property owner offsetting property losses against

This change had been signalled well in

other income, such as salary and wages.

advance of the Budget and the final rules

This is consistent with the overall design

are less restrictive than owners might

of our tax system which generally puts

have feared when a review of this area

all kinds of income and expenses in one

was announced last year.

“pot” to determine the total amount of

In the build up to this year’s Budget, speculation was rife about yet more possible changes to how property owners are taxed. Mark Russell of PwC explains that while the Budget was pleasingly light on property tax announcements, the impact of the previous depreciation tax changes continues to cause challenges for property owners.

Property investors still coming to terms with having tax depreciation on buildings turned off from the 2012 tax year would have been nervous about news coverage in the weeks leading up to this year’s Budget that there could be more tax changes affecting property.

22 inhouse August-September 2012

net income subject to tax. This differs

While the 2012 Budget was light on

from the approach in a number of other

property tax changes, an aspect of

countries where different types of income

the 2010 Budget changes still causing

are ring fenced and dealt with separately.

headaches for property owners is the treatment of past building fit out costs.

It would have been somewhat surprising

While tax depreciation on the cost of the

if property loss ring fencing had been

building structure has been disallowed,

introduced. It was not favoured by the

it is still available for fit out costs in

Tax Working Group, and in any case a

commercial and industrial buildings,

large component of past property losses,

which can be a significant portion of the

being the tax depreciation on a building,

total cost of a property.

has now been eliminated.

Ring fencing was also Labour policy

Property owners have always been

in the 2011 election and rejected

able to separate out the cost of a non-

by the Government. It is pleasing to

residential building into its component

see this measure stay off the statute

parts and depreciate the fit out elements

books because it is bad policy. It is not

at higher rates than the building

compatible with the way the rest of the

structure. However, historically a number

tax system operates and a number of

of owners have treated the entire cost of

taxpayers could avoid its impact with

a property as a building for tax purposes

careful planning.

on the basis that the benefit of faster depreciation was outweighed by the cost

The only tax announcement in the

of splitting out the costs into separate

Budget that does affect property is the

components. Of course with building

reduction in the portion of expenses

depreciation being eliminated, this has

owners of holiday homes can claim for

become a permanent reduction in the

tax purposes when they rent out their

depreciation available.

property. Previously expenses could not

To recognise this, the tax rules allow property owners who had not historically separated fit out costs to treat 15% of the written down tax cost at the start of the 2012 tax year as a notional “pool� of fit out costs and to depreciate that pool at the building rate of 2%. Many taxpayers concluded the extent of fit out costs exceeded 15% and so undertook an exercise to retrospectively split fit out costs in order to depreciate them at the higher fit out depreciation rates going forward. Inland Revenue has since ruled in a draft interpretation statement that taxpayers cannot retrospectively separate fit out costs in this way and that it expects any taxpayers who have filed a return based on retrospective separation of fit out to make a voluntary disclosure of this fact.

A large number of property owners and interest groups have made submissions to Inland Revenue that its view is not correct.

Inland Revenue has yet to publish the final version of the interpretation statement, but indications are that it will stick to its original view unless the law is changed. Any property owners who have undertaken a retrospective split of fit out costs should therefore seek advice before filing a tax return based on that

Technology treat Technology is an ever-increasing part of business in the 21st Century and the building industry is no exception. At the 14th Annual Certified Builders Association Conference in Wellington in May Winstone Wallboards Ltd ran a promotion encouraging the use of their website.

Association members were invited to log-in to a specially created website to be entered in a draw for an iPad2. The lucky winner was Bruce Livingstone from Hamilton. He is presented with his iPad (above) by Peter Taylor, Technical Support Manager of Winstones.

position.

inhouse August-September 2012

23

HOW TO SPOT A LEAKY BUILDING Volume 3 Under or over windows • Check for missing flashings, particularly head and sill flashings. If they are fitted they will be visible on the outside.

• Check the flashings to ensure they slope to the outside to spill water over the window or door-frame. Check at the ends to ensure they will not allow water to flow inwards at their ends.

• For curved windows, check that the flashing has a stop-end to direct water to the exterior and not allow water to enter behind the wall cladding.

• Check the jambs to ensure they are sealed to the cladding.

• Check the corners of cladding on recessed windows –

To become a WaterTight Approved Builder contact Ben on: 07 579 6259 email: ben@builtin.co.nz

particularly check that there are no hairline cracks in the paint finish.

Solid handrails • Where the texture coating is carried over the balustrade leaks may not be visible. The most reliable check is to measure the moisture content of the timber framing. This is best done using a moisture meter with probes through

www.watertightwarranty.co.nz

two small holes in an area that is not exposed. The timber floor structure should also be checked from the underside.

Underwritten by CBL Insurance Limited

Courtesy of consumerbuild.org.nz

Read next month for Ground Levels

How does having a guarantee add value to your client’s home if they decide to sell?

• It gives prospective buyers peace of mind. Homes with a guarantee sell faster and for more than those without one.

• Include it in your quote as: “Homefirst 10 Year Builders Guarantee – underwritten by CBL Insurance Limited” • Complete the guarantee application at the same time as your building contract.

Guarantees and insurance for the building industry www.builtin.co.nz ph: 07 579 6259 28 inhouse August-September 2012

email: guarantee@builtin.co.nz

JOKE OF THE MONTH Send your jokes in to: insurances@cbainsurances.co.nz

LIABILITY Public Liability Statutory Liability Employers Liability Professional Indemnity LBP Insurance Errors & Omissions Cover

COMMERCIAL Contract Works Tools VehicleS

and more ....

INSURANCE TIPS FOR BUILDERS Your insurance questions answered. Send your questions in to: insurances@cbainsurances.co.nz

CONTRACT WORKS INSURANCE. Did you know…?

You are generally required under the building contract to arrange Contract Works Insurance, and this usually starts on the date the policy was arranged, or when you take possession of the site, whichever is later.

The problem is when it finishes!

Regardless of the finish date on the policy, the CWI ‘small print’ states that cover will cease upon: • Practical Completion* • Issue of a Certificate of Practical Completion • Issue of a Code Compliance Certificate • Temporary or permanent occupation (whether full or partial) …whichever occurs first. So it is not the finish date on the policy that ends cover, but when one of the above things occurs.

We have had several instances where the owner hasn’t arranged normal house insurance for any number of reasons - on holiday, live overseas, hasn’t got round to it, can’t because their insurer requires a CCC - and asks the builder to extend the Contract Works cover.

Don’t try to help them out - your contractual obligations are over when your contract is finished - and extending the CWI may just result in no claim being paid, and you being held liable for any damage! * defined in the CBANZ Building Contract as: “both the point in time, and the stage in the progression of the Building Work, when the Building Work is so far advanced that the Building can effectively be used by the Owner for its intended purpose, notwithstanding that certain non-critical or aesthetic features are yet to be completed or minor omissions or defects are yet to be rectified.”

29

Remediation – An introductio Leaky Buildings – What are they and So what actually is a leaky building?

At some point in its life a building is Harry Dillon is a builder and

highly likely to allow some water past

has been involved with the

its cladding. It is how the building deals

repair of over 300 homes

with that moisture that is the key. If

over the last 10 years.

moisture can’t quickly drain out and/ or if air can’t circulate to promote drying behind the cladding, extensive damage can result. By far the majority of the hundreds of buildings I have been involved with showed few, if any, visible signs of water penetration and

affected. A 2009 PriceWaterhouse report estimates between 22,000 and 88,000 homes, with the industry consensus around 40,000. A truly staggering number of families have been, are and will be impacted by this estimated $11bn phenomenon. Whilst a majority of current cases are appearing in Auckland, many experts believe that it is a New Zealand wide problem. Those residing in dryer geographical areas just may not have discovered it yet.

So how did we end up here?

resultant damage. You don’t need to

Welcome to the first in a series of articles based on a series of workshops on weathertight remediation for builders which the Department of Building and Housing has been running at centres all over New Zealand. As the presenter of this course I have been able to share some of my experiences from a decade of remediating leaky buildings with fellow builders. Whilst it would be impractical to cover all of the content of this full day workshop in this series we aim to cover some key points that may assist any builder who is considering getting into this line of work to perform quality remediation and manage any project risks.

30 inhouse August-September 2012

have cracked exterior plaster or have

There is much conjecture and controversy

interior linings falling from a ceiling to

about what has caused this problem

have trapped moisture related damage.

but it is my view in short, that it is a

A gradual and occasional introduction

systematic failure of the industry as

of moisture is all that may be required

a whole. Complex, incomplete and

to create an environment suitable for

questionable suitability of building

decay to be present and flourish. This

design, poor use and suitability of

can be relatively rapid where little or

some products, incomplete technical

no treatment is present in the affected

knowledge and skill as well as too little

framing.

on-going training for many involved in the building process have all contributed.

We don’t actually know exactly how

Why get involved? Clearly there are a

many buildings have been, are or will be

large number of leaky buildings needing

n for builders why get involved? repairs. This presents an opportunity for builders at a time when new builds are at historic low levels. There is a perception that getting involved in leaky home repair work is risky and best avoided.

While arguably there are more risks and unknowns associated with these projects, if a builder goes in with eyes open and is aware of these risks and ways that they can be managed a successful outcome is more likely to result. This will be of benefit not only to the builder but also the client and all those involved in the project.

Builders and Exhibitors

In this series of articles, I will be talking

WANTED!

about a range of things that are important for the builder to be aware of including:

• • • • • •

Assessing the projects risks Working with the right team Tendering Health and safety

for Build Nelson Trade Show

What happens on site The 4 “D”s

The 2nd in our series of articles will discuss how you as a builder may get involved in a leaky building project and things you

When:

Thursday 20th September, 4pm-8pm

Where:

Suburban Club, Tahunanui Drive, Nelson

Why:

Learn about new products on the market or present your business and products to Nelson region builders

need to know.

•

Suggested follow up areas for more information

o DBH website:

www.dbh.govt.nz/

ws-info-for-building-professionals

o The DBH publications  Guide to Remediation Design  Guide to the Diagnosis of Leaky Buildings

 Dealing with Timber in Leaky Buildings

Contact: Belinda, CBANZ Nelson ph 0274 434 128

 Code Watch Issue 1: October 2011

•

This article represents Harry’s views which may not necessarily be same as those of the Department of

ALL BUILDERS WELCOME

Learn something new and earn LBP points!

Building and Housing.

inhouse August-September 2012

31

32 inhouse August-September 2012

6

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.

Peter Degerholm Ph 04 587 0061 or 021 307 232 Fax 04 587 0062

Danny Jacobson

general guidance on the best options in Peter Degerholm

phone sessions of approx 5-10 minutes. It is not intended as a substitute for formal employment/legal advice. You must

email: peter@calderglen.co.nz

identify yourself as a CBANZ member 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.

Advice on any Health and Safety issue is

Experienced lawyer, and CBANZ director

available from the team at HazardCo. This

Geoff Hardy and junior lawyer Gagan

includes a free advice session – limited to

Tangri will answer your queries, during

30 minutes – which can include advice on

business hours.

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

Health & Safety

incident management, your requirements

Jamie Potter

under the Health and Safety in Employment Gagan Tangri

Act and best practice Health and Safety Management systems.

Ph 0800 555 339 email: info@hazardco.com

General business, accounting or tax

Insurance

For general business, accounting or tax issues you can contact Steve Brocklebank of PricewaterhouseCoopers. Phone sessions are limited to 10 minutes at

For advice on any insurance-related issue Steve Brocklebank

contact Jim Rickard at CBA Insurances. If you have your own broker they should be

first, and emails should be kept to the

your first point of contact. However, Jim

point. You must identify yourself as a CBANZ member

is happy to help with any claims problems

and any information you disclose will be treated with

and with any general question about what

confidence.

cover you should have as a builder.

Steve Brocklebank Ph 03 470 3615 or 027 433 6025 email: steve.j.brocklebank@nz.pwc.com

Jim Rickard

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

inhouse August-September 2012

33 33

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 jo@huntingandfishing.co.nz (be sure and identify clearly that you are sending an entry for the Certified Builders Brag Page as well as full contact details!)

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

Above: This was a little catch for Bob Monteith (Bob Monteith Construction, Taupo) while trout fishing on Lake Taupo with some mates. He caught this pig 200m offshore after it was chased into the lake by some poor hunter’s dog.

Left: These impressive crayfish were caught by Mark Dobbs (MD Construction, Whangarei) at Mimiwhangata – Northland.

31 stores nationwide Ph: 0800 486 834 (0800 HUNT FISH) Shop online or register for catalogues www.huntingandfishing.co.nz 34 inhouse August-September 2012

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35

AROUND THE REGIONS

Rotorua

How to make a splash!

A team of Certified Builders from the Waikato have made a big splash in Rotorua.

The Begovich brothers - Hayden (Matamata) and Shaun (Hamilton) – took a unique plunge when they joined a $10 million project to build a themed log flume ride at Rainbow Springs Park.

Up to 10 of Begovich’s guys were involved in the design and build contract managed by Arrow International. Over six months they spent a lot of time ankle deep in mud as they constructed the prop buildings and main load on-off building for the ride. They were also involved in building the historical wonderland it winds its way through, including a replica Maori Pa.

Hayden says the ride was designed in Switzerland but the majority of components were fabricated in New Zealand.

36 inhouse August-September 2012

The ride is believed to be a one-of-a-kind experience. Participants are transported in an 8-man boat up 6-7m high lift towers and the 500m trip takes you through the park and also back in time.

The Begovich team constructed multiple buildings setting the scene in the 9-minute ride which carries people from pre-human times through Maori occupation and European settlement and up into the tree canopy for the final 12m “Big Splash” back to ground level.

Hayden says it was a fairly pressurised project in tough wet conditions using interesting materials like pre-aged macrocarpa in keeping with the historical theme. The entry to the Maori Pa has 8-9m poles carved by chainsaw. Half the guys stayed in Rotorua for the build and others travelled back and forth from Matamata. They finished the six month project in December and the ride opened in January.

Dylan Workman, Design Manger in Arrow’s Tauranga Branch, says: “The project involved enough mains cables to power a small town and some very creative carpentry! But we must have got it right as the Swiss Engineers were really impressed with the quality and accuracy of the in-ground flume construction and we are receiving some fantastic feedback from both international and national visitors.”

The ride also includes a 3m tall moving dinosaur, Haast Eagles attacking Moas, holograms of Maori Warriors and European Settlers and state-of-theart audio and visual effects. The ride is included on a Rainbow Springs Day pass for $35/adult and $22.50/child.

inhouse August-September 2012

3737

Making the most of the sun

By Verney Ryan, Beacon Pathway Inc.

One of the easiest – and cheapest – ways to heat a home is to make the most of the sun’s warmth. This is often called passive heating, because it doesn’t require energy-consuming heating systems. What it does need, however, is good design.

Of course, as builders, you may not always have input into the design, but it is useful to understand the principles of designing for the sun so that when you can influence decisions, you can help

Winter sun pours into the Waitakere NOW Home providing all the heating for the house.

your clients toward a warmer and more energy efficient home.

Beacon’s Waitakere NOW Home (www. beaconpathway.co.nz/new-homes/ article/what_is_the_waitakere_now_ home_project) is a good example of designing for the sun. This Auckland house provided a warm comfortable environment that required no additional heating – saving the tenants about $1000

east-west is more likely to have its north

South-facing rooms get little or not

sun blocked by neighbouring houses,

sun. Use these for utility areas such as

depending on how wide the site is.

the garage, laundry, bathroom, toilet,

Narrow north-facing sites may limit the

storage rooms and stairs, where people

placement of living areas along the

spend little time. This also provides a

northern face – the house design may

buffer for the living areas to the cooler

need to make the most of both morning

south side of the house.

per year.

and afternoon sun in different rooms.

Position on site

Orientation and room layout

The first step in designing for passive

The home should be designed with

house is a vital aspect of passive heating.

the main living areas facing north –

The majority of glazing in the house, such

anywhere between 20°W – 30°E of true

as windows, skylights and glass doors,

north is fine. This means they will be

should be on the northern and eastern

warmed by the sun most of the time

faces to let in the sun.

heating is orienting the house to take advantage of the sun. Ideally, this means getting plenty of sun in winter and in cooler climates, and less sun in summer and in warmer climates.

The home should ideally be positioned as far as possible from neighbouring buildings, terrain or vegetation that

Where to put the windows The size and location of windows in a

throughout the year, although they will need some appropriate shading to

There should be less glazing facing west

prevent summer overheating.

because heat from the late afternoon sun can cause glare and overheating.

East-facing rooms get early morning sun

South-facing windows receive daylight

and will be cooler in the late afternoon

but minimal sun. Therefore windows

– these are ideal for kitchens, breakfast

on the southern side should be kept to

areas and bedrooms (fewer hot nights!).

a minimum to reduce heat loss. Aim to

West-facing rooms get low-angle, late

make them as small as possible whilst

afternoon sun which means they can

still achieving adequate daylight and

possible.

easily overheat in summer. However,

ventilation.

Positioning the home may be limited

so they can be suitable for living areas

If your client wants to capture views to

(but not kitchens where evening cooking

the south or west, you can mitigate heat

creates heat) provided shading is used

loss by using double glazing in south-

during summer.

facing windows or reduce glare by using

might block north sun. Bear in mind that, in winter, objects cast shadows two or three times their height. For maximum solar gain, site the home near the site’s southern boundary to make as much use of the northern side of the site as

by the site’s orientation: a site that runs north-south should get sun throughout most of the day but a site that runs

38 inhouse August-September 2012

they do provide good winter heating

tinted glass in west-facing windows.

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

Balancing winter warmth and summer cool Making the most of the sun in winter needs to be balanced with not overheating in summer. Incorporate shading to make sure the home will not get too much sun in summer.

Shading should be designed to take into account the sun's path in summer and winter over the site. Sun path diagrams map the path of the sun across the sky at different times during the day throughout the year. They can help establish the position of the sun relative to a site and can be used to determine the effect of

Sun path diagrams help to plan for shading and solar gain.

shadows cast by buildings, trees and landforms on and around the site. Sun path diagrams for New Zealand have been produced by the Victoria University of Wellington, Centre for Building Performance (www.victoria.ac.nz/cbpr/ resources/nz-sun-chart.aspx).

The sun travels higher in the sky in summer, so shading should be designed to: • shade high-angle summer sun over north facing doors and windows • shade low-angle summer sun over east and west facing doors and windows • let low-angle winter sun into your home from all directions.

Eaves are a great option as well as

of them like the peak on your cap –

helping with keeping rain out. The

shielding your eyes (and the window)

booklet Designing Comfortable

from harsh overheating summer sun.

Homes (available from the Energy Efficiency and Conservation Authority

Adjustable shading provides flexibility

www.eeca.govt.nz) gives you

especially where you need to deal with

information to calculate how deep

low-angle morning or evening sun.

your eaves need to be for winter sun

Options include louvres, shutters, sliding

and summer shade.

screens, awnings and removable sail shades. It is also possible to use planting

Measurements will depend on the

with deciduous vegetation such as grapes

size, height and location of the

or vines to provide protection. The leaves

window – as a general rule of thumb,

shade the window in summer and then

the average window works well

when they have fallen off in winter, the

with a 400-500mm overhang. Think

sun’s heat can come into the house.

A balancing act Achieving the ideal orientation is about striking a balance between getting the sun inside and other lifestyle factors such as views, noise, privacy and appearance.

If the orientation is compromised to take advantage of other factors, you will need to compensate for the loss of passive heating by improving insulation levels, putting in more heating and installing higher performance glazing.

If you can influence the orientation and layout of a home, you will help your clients to a warmer and more comfortable home which will cost less to run.

inhouse August-September 2012

39

AROUND THE REGIONS

Waikato

Every bloke needs a

Man Cave!

It can be difficult to attract attention during the hustle and bustle of the enormous event that is National Fieldays at Mystery Creek in the Waikato. But what bloke isn’t attracted to a Man Cave?

The brazier helped keep the workers warm. From left are Amanda Leigh-James, Damian Scott (on deck) Waikato committee member David Quinn and Dave Brown our fearless chairman of the Board.

Waikato Certified Builders branch constructed the ultimate ManCave for the event and promoted the Association to the public for the duration of the fieldays. And had a bit of fun ...

Waikato President Warwick Leigh-James seconded his daughter Amanda to help

Certified Builders Chairman Dave Brown (Auckland), Auckland President Grant Boylan and Warwick Leigh-James brand a cow for the Association while the Aucklander gets used to the “rural” CBANZ look.

with the promotions and they fielded a steady stream of enquiries from the public - and took a few orders for ManCaves as well.

The Fieldays were well supported by Presidents from regions nearby and our new chairman Dave Brown, a Posh chef, was on hand to dish up a real man’s feed.

The barbecue was kept busy, sirloin was on the menu and the boys had a cow of a time. The brazier was also a real hit in the Waikato chill and attracted a lot of punters.

The display model ManCave was sold and several orders for more were taken.

Warwick even had a scrapbook set up to occupy the children in the ManCave and they filled the whole thing during the event – Warwick always thinks of everything.

40 inhouse August-September 2012

Warwick cooked up a great sirloin sandwich for Dave Brown and Grant Boylan from Auckland.

Auckland President Grant Boylan does a star turn.

Mystery man Steve Bailey (on the roof) helped at the end of the construction phase. He goes under the flag of SPB Builders Ltd, so he is on the Waikato branch committee.

Waikato President Warwick Leigh-James and his daughter who helped with marketing during Fieldays.

The Man Cave all signed up with CBANZ new branding complete with dining furniture.

The Waikato committee secured advertising on the courier drop off building at the entrance to the Fieldays site thus ensuring our brand is highly visible.

inhouse August-September 2012

41

NEW!

Members Only!

The brand new Certified Builders Members Area has gone live. Gold and Platinum members can access the members’ area that is full of tips, tools and other items of interest to help manage your business and ensure you are up to scratch with latest news, regulations and important information.

The very easy to navigate Members Area offers: • Events Calendar – This handy calendar will show if you have any upcoming regional meetings, events or roadshows in your region • Online Shop for all your clothing, stationery & branding needs • Member Benefits including: o Deals & Discounts o Business Services o Free helplines o Regional Suppliers and their contact details to name a few • Knowledge Centre: o Download Centre brings you the latest downloads from industry o Video Library – the CBANZ ToolTube Channel with step by step videos on the LBP process and Marketing (new videos added periodically) • Employment Centre – Whether you are looking for an apprentice, a full time employee or if you are looking for a job, hop online and check out the Employment Centre • inhouse Online – View past issues of our very popular magazine to ensure you have all the LBP points you need • Association Info – This section puts all contacts at your fingertips, it lists your Regional Committee, Board of Directors, CBANZ Team, Builtin & CBA Insurance Team and much more

42 inhouse August-September 2012

For the first time ever, Gold Card Members can log on to the Members area. You will have to go through a simple password setup procured to gain access, but you only have to do this ONCE.

43

inhouse August-September 2012

43

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

which is sometimes also called

commenced work for a competing

a performance improvement

company. We are concerned that

process. The requirements for this

he will be able to contact our

process may be included in your

customers and will be competing

employment agreement with this

with us while still on our payroll.

employee. If not, such a process

Surely, he cannot commence

usually requires that you set out in

work elsewhere while he is still

writing your expectations, where

our employee. What is the legal

the employee is not meeting

position here?

those, and the period required for improvement. You need to meet

A:

Yes, you are correct that he cannot

with your employee regularly during

commence work elsewhere.

the performance monitoring period

Although he is not attending

in order to give clear feedback as to

work, your employee remains your

his performance. It should be made

employee for the four week notice

clear to him that if there has not

period. As such he continues to

been a significant improvement at The following questions have arisen in

owe a duty of fidelity (loyalty) to

the end of the monitoring period,

cases in which e2Law has recently been

you and he would be in breach

you may commence a disciplinary

involved:

of this duty if he is working for a

process which could result in a

competing company at the same

formal warning. Poor performance

time. You should immediately

can ultimately justify dismissal

put him on formal notice to cease

if, taking into account all of the

and desist working for the other

circumstances, this is an action that

employer and reserve your rights

We are a medium sized building

a fair and reasonable employer

to pursue legal action in the event

firm with a focus on ‘design

could take.

you suffer any loss as a result of

DEALING WITH POOR PERFORMANCE Q:

and build’ work in residential building sector. We are concerned

RESIGNATION NOTICE PERIOD Q: Our company is involved in

you may have grounds to consider

of his work has really dropped

commercial building and we

seeking an urgent injunction

off and he is regularly making

operate in a very competitive

requiring him to cease working for

mistakes, including in work that

environment. One of our

your competitor during the notice

he is preparing and sending out

employees recently resigned giving

period.

to clients. Each time there is a

the four week’s notice required

mistake, we have discussed this

under his employment agreement.

with our employee informally to

Our general manager decided

ensure that we are communicating

not to require him to attend

with him and encouraging him

work during his notice period,

to check and recheck his work for

advising him that he was stood

accuracy. However, despite our

down on ordinary pay for that

regular discussions, the mistakes

time. The employee was told that

are continuing. What should we do

he remained an employee and

now?

he would be paid as usual during

as

the four week period. On the

A:

serious and he is already causing loss or likely loss to your business,

about the performance of one of our design staff. The quality

his actions. If the situation is more

We recommend that you commence

Monday following his resignation,

a performance monitoring process

we learned that the employee had

44 inhouse August-September 2012

CASUAL AND PART TIME EMPLOYEES Q: I am a “one man band” tradesman at the moment. I have really increased my customer base in the last few months and I don’t see this letting up as I am usually busy in the spring and summer periods. I am keen to take on an employee but at this time will probably only need someone between 15 and 20

hours per week every week. I want

work, no pay’ clause, as well as a

someone reliable who turns up

clause enabling you to increase or

for work at the agreed days and

decrease hours of work following

times. Do I advertise for a casual

consultation.

employee?

A:

We regularly encounter confusion between casual employees and part time employees. There are important differences. Based on the information you have

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

provided, you will be looking for a permanent part-time employee. This is because you will be offering regular work within a certain range of hours and you will be expecting this employee to turn up for work when you have scheduled him to work. For employment to be truly casual, the work is usually only available intermittently or irregularly and there is no obligation on the employer to offer work, or on the employee to accept it. You can create flexibility in the employment agreement with a part time employee by including a ‘no (The above is by its nature general, and is not intended to be a substitute for legal advice).

Attention

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inhouse August-September 2012

45

IRD’s new mobile web app makes it easy Would you like to be able to manage your taxes and social policy entitlements when you’re away from home or work? In this article, Inland Revenue tells you about a new service that makes this possible.

Inland Revenue has developed a mobile web application that gives you access to a selection of our online services. You can log on and interact with us from anywhere at any time.

The new app is available to all people who have a smartphone or tablet. Before you get started, you’ll need to be regis-

Student loan accounts at Inland Revenue

to handle their personal and financial

tered for Inland Revenue’s online services.

now include information from StudyLink.

affairs.

As mentioned above, you can register for

After a period of time, we plan to review

and activate your online services account.

user feedback and upgrade the app to

Once you have an account, you’ll not

include more features.

If you haven’t registered yet, don’t worry – you can do so through the app.

What does the app offer you?

only get access to the app, but also our Firstly, you can view and amend your per-

Where can you access the app?

complete range of services.

sonal details on file with Inland Revenue, including your address, email address,

Finally, you can use the app to reset your

phone number, and bank account.

user ID and password.

You can find the link at www.ird.govt.nz

You can view current-year tax deductions

– it’s a blue button on the top right-hand

from your salary or wages, and those

We’re working hard to add to and im-

with Working for Families tax credits or

prove our online services because many

child support arrangements can view

of our customers find interacting with

their entitlements.

us online is faster and more convenient

Do you have a student loan?

side of the homepage.

Why not go in and have a test drive?

than contacting us by phone, or filling out paper forms. The app is a natural extension of our online work programme

You’ll be able to view current-year

and recognises that busy people increas-

student loan balances and payments.

ingly want to use their mobile devices

IF YOU HAVE READ THIS issue of inhouse FROM COVER TO COVER, CUT OUT THIS VOUCHER AND FILE IT TO CLAIM ONE SKILLS MAINTENANCE POINT FOR YOUR RECORD OF LEARNING.

inhouse August-September 2012

47