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
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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).”
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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
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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.
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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.
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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.
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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
18
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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19
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
20
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
inhouse August-September 2012
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