December 2011 / January 2012
The official magazine of Certified Builders Association of New Zealand Inc
Merry Christmas All the tools you need for 2012 Common helpline questions answered – Pgs 8-9,12-13 Preparing your Commmunity of Craftsmen Pgs 24, 25
INHOUSE Activity approved by the Registrar
Lights ... camera ... action ... Pgs 18, 19
New CBANZ website goes live
As part of our CBANZ rebranding we have upgraded and revamped our website to reflect the new professional era. The new look and content make it clear what it means to be a Certified Builder and why the public can have confidence in our brand.
Easier for the public to understand and locate a Certified builder Improved search functions Updated, modern look
Reorganised to reflect the changing environment for the building industry in New Zealand. 2
Contents Holiday season information
pg 4
New 3604 Handbook
pg 5
ToolTube
pg 6
Tax risk falls mainly on employers – PWC
pg 8,9
Message from the Chairman
Most common Helpdesk questions – Geoff Hardy pg 12,13
This year would have to have been one of the
BRANZ updates House Building Guide
Pg 14
toughest in which to do business. Throughout
Don’t throw those old records out
Pg 15
up and down, you have to wonder how much
the year the forecast of workloads has been
CBA Contracts and Insurances
pg 16,17
damage this is doing to the industry and the
Lights, camera, action ...
pg 18,19
the potential work comes on tap.
ITaB news
pg 20,21 pg 23
Licensed? Show it!
effect this is going to have going forward when
I believe there will be two economies in 2012 – one being Christchurch/Auckland, the second
pg 24,25
the rest of New Zealand. Doing business in the
Helplines
pg 26
spend time checking you have your costings or
Restricted Building Work coming into force
pg 27
tenders correct. You will find you are spending
pg 28,29
following leads, but those who put in the hard
Preparing your Community of Craftsmen
Conference 2012
second economy will be hard and tough, so
the greater time in following up on work,
Are you prepared for an audit
pg 30
yards will get the rewards.
Hunting & Fishing giveaway
pg 31
A small reminder that 1st March 2012 is looming
Be Sun Sensible
pg 32,33
and now is the time to check that all your sub
pg 33
to operate under the LBP scheme, as there are
Summer leave Affordable High Performance house
pg 34,35
Q&A The Law at Work – E2Law
pg 36,37
contractors have or will have the correct Licence some heavy penalties if you are outside that scope.
Putting CBANZ on the map in Wellington
pg 41
To all our members who have been involved
Workshops on Restricted Building Work
pg 42
sure you have quality time with your family
Students work on own house project
pg 43
with Christchurch throughout the year, make and loved ones over the Christmas break, it has been very tough for you down there. If you are coming back to start your business up again
ON THE COVER
after being away for a lengthy period of time, you will need to put in a big effort to get back to what you had before. I would like to say a big thanks to the staff in the National Support Office for the support and extra effort you are putting in at the moment.
CBANZ is making sure you have the right tools to run your business through 2012 and into the future.
We all appreciate the effort. To the Board, Presidents, National Support Office, members and all our partners, Merry
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
Christmas and a happy New Year to you all. Enjoy the break and look forward to 2012 as the beginning of a brighter future ahead, with a heavy work load. Allan Shaw CBANZ Chairman
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association
news
STOP PRESS! CEO ANNOUNCEMENT On behalf of the Board of Certified Builders Association we take pleasure in announcing that Mr Grant Florence has been appointed Chief Executive Officer and officially took this position on the 5th December 2011. Grant brings a wealth of knowledge to this role and we all look forward to working with him. Grant can be contacted via email grant@certified.co.nz or ph 021 906 487. – Chairman, Board of Directors, Allan Shaw
Market yourself and your company! Summer is on its way! Make sure you’ve got yourself covered! Grab one of these awesome caps for just $20.00. Price includes the CBANZ Logo
Get your business in shape before Christmas National Support Office would like to remind members to order any
embroidered on the front of the cap: • 100% Cotton
• Velcro closure
Why not get your caps embroidered with your company name or logo just like Digby Toothill did!
contracts and merchandise before
Digby chose to place the CBANZ
20th December
logo on the back of his caps.
to allow for
holiday mail delivery times prior to our office closure at noon on the 23rd December. Orders received after 10am on the 23rd
Contact Millie T at National Support office and she will organise it for you!
December may not be processed until the 16th January when the office reopens.
Contact Millie T ph 07 927 7720 or email millie.t@certified.co.nz
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New 3604 on-site handbook The new Standards NZ Handbook
colour coding of the figures and tables
3604:2011 provides users with a
replicates that of the Standard.
collection of figures and tables extracted from NZS 3604:2011 that are
SNZ HB 3604 has been designed to
commonly used on-site. The Handbook
provide as much on-site durability for
directs users to the appropriate section
users as possible. It is slightly larger than
of the Standard for full information.
A5 and weighs approximately 1.2kg. The cover is made of polypropylene for
SNZ HB 3604:2011 has been designed
protection and a magnetic strip makes
as an on-site reference guide. The
for easy closing. Handbook pages have
development committee advises it must
2 drill holes and are held in place by a
not be used as a substitute for the full
lever-arch mechanism (the strongest
Standard, NZS 3604:2011. Users of SNZ
available) which enables future updates
HB 3604 should always refer to the full
to be added quickly and easily. A handy
Standard when they require detailed
half-pocket has been added to the
and complete information. On-site
inside front cover, and an A5 plastic
building consent requirements of the
pocket is also included for holding
Building Consent Authority (BCA) take
papers. Pages have been printed on
precedence over the guidance in SNZ
heavier weight paper which has then
HB 3604.
been ‘thin-laminated’. While pages are not completely tear-proof or fully
The handbook is laid out in four
waterproof, the thin-lamination has
sections based on the construction
been used to help ensure Handbooks
sequence for a timber-framed building.
will stand up to a fair amount of wear and tear.
and tables are
Purchase your copy for the CBANZ
and a joyous New Year to all our valued members, your families and staff. To our Strategic Business Partners and Regional Associates thank you for your valued support through continued alliance in 2012.
members special rate of $160.75 exc gst.
numbered identically and
Merry Christmas
2011, we look forward to a
To ensure that it aligns with NZS 3604, the collection of figures
National Support Office close down
Contact Millie T at National Support Office or order your copy online through the members section of the Certified Builders website. Ph 0800 237 843 or email millie.t@certified.co.nz
Holiday Hours Please note National Support Office will be closing down for Christmas 12pm, 23rd December, and reopening at 8am on Monday 16th January, 2012.
KoolDri Polos for Summer - $35 Grab a KoolDri Polo for the summer! They are 170gm micromesh fabric with kooldri moisture removal qualities to keep you cool and dry and they are quick drying too! Different colour options available as seen at right. Polos come with the CBANZ logo and can include your company logo. Email millie.t@certified.co.nz for a quote.
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ToolTube - the CBANZ Video Channel bringing business education into your home
Now available to gold card members, enter this link into your address bar/URL http://www.certified.co.nz/index.php/pi_pageid/199 and watch the first of several educational videos that we will be bringing you to make your lives easier. The video will be no more than 10 minutes long and not full of jargon. • The first will step you through filling out your licensing application through the qualified streamlined process. • The second video demonstrates the non qualified process for the site licence. • In the third video Jason McClintock gives an overview of life with licensing, preparing yourself for when the assessor calls and why you may wish to consider a site licence. CBANZ will keep you informed when more ToolTube become available.
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New Guidance on Barrier Design published New Guidance on Barrier Design is available on the website of the
• Barriers to decks, stairs and landings, and
Department of Building and Housing (www.dbh.govt.nz/guidanceinformation).
used today, whereas B1/AS2 provides a solution for timber barriers only.
• Walls, glazing (including screens and full-height glazing), fences and other building elements intended to
The guidance has been written for
protect against a fall of one metre or
designers, manufacturers and installers of
more.
barriers by a working group of industry specialists.
barriers built from the range of materials
New guidance comprehensive The Guidance on Barrier Design pulls together design and construction
Designers and installers of barriers can
information for all the Building Code
use the new guidance now.
clauses that relate to barriers. These are:
Users of the document are guided on how to design and install barriers to
From 1 February 2012, B1/AS2 will no
Building Code standard. The document
longer be an Acceptable Solution
gives a detailed overview of the main
• B1: Structure • B2: Durability • D1: Access routes
criteria for designers and installers to
B1/AS2 will no longer be an Acceptable
work through.
• E2: External Moisture
Solution from 1 February 2012.
• F2: Hazardous building materials
The guidance provides information
The Acceptable Solution is based on
for the design and construction of
the loadings given in the outdated NZS
barriers made of glass, timber, metals
4203:1992 and not the current Standard
and concrete. It is based on the current
A useful checklist for building consent
series AS/NZS 1170.
applications has also been included
• F4: Safety from falling.
Standards series for loadings, AS/NZS 1170, and applies to:
for designers and Building Consent The new guidance document covers
Authorities.
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Be aware – Tax IRD audits, evasion and avoidance
systems over the past years and based on
Steve Brocklebank provides general
Whilst the IRD is suffering a major
have been made in benchmarking of
business, accounting and tax advice
cutback in resources as a result of the
for PricewaterhouseCoopers. Steve can be contacted on
ongoing fallout from the global financial crisis, their resources in Audit and
Ph 03 470 3615 or 027 433 6025
Investigations are achieving better than
email steve.j.brocklebank@nz.pwc.com
budgeted results. At the same time it is fair to say that the IRD are on somewhat of an unprecedented winning streak in avoidance cases, with a major shift in mindset of the judiciary in the past half a dozen years. Add to this additional investigation funding promised in the various election promises and the mood in the audit and investigations side of the IRD is bullish. For the past couple of years the IRD have announced that they are focusing on the hidden or black economy in various industries including hospitality and scrap metal. By the hidden economy they mean the likes of unreturned income from cash jobs and paying wages in cash.
We lead into Christmas 2011 with some sobering comments to temper the celebrations. It is always worth considering the downside risk when being asked to assist with ‘minimising‘ tax for workers / contractors. Most of the risk falls back on the employer or the taxpayer, so getting the right advice is important and cost effective, in the long term. We trust you will find the following advice helpful as it is an area that regularly features in our Helpline calls. 8 8 8
This type of offending is tax evasion, a criminal offence, which can carry significant penalties, including jail time. To nobody’s surprise, in July this year the IRD officially announced that the construction industry had been added to their watch-list of industries where tax evasion is thought to be common.
the recent data, this seems to be paying off for them. Particular improvements data and matching of data from multiple sources. These tools have enabled the IRD to target particular taxpayers for further investigation. A common example of data matching is to compare a person’s assets against their declared income to check if a person’s assets exceed what someone earning that amount would reasonably be expected to be able to afford. As well as smarter internal methods, the IRD are now beginning to actively encourage anonymous tips about suspected evasion or avoidance.
For the reasons above, the chances of getting caught for evading or avoiding tax have increased in the past few years, although the IRD freely admits they will never stop the hidden economy. While evasion (a criminal offence) is high on the IRD’s radar, there is also
Other than the cash job type scenario
a strong push at the lesser offence of
another relevant area of IRD focus for
tax avoidance. Tax avoidance is not a
the construction industry is improper
criminal offence, but it can result in large
GST claims. The Government has taken
monetary penalties being imposed (up to
some steps to combat this issue with GST
100% of the tax avoided).
by changing the way that GST is dealt with on the sale of land, but this does
The IRD’s main focus for avoidance at
not prevent fraud occurring through
present is where personal income is
‘artificial’ transactions.
diverted away from the person who should have derived it to reduce tax or
The IRD have been improving and
to gain access to social support such as
refining their investigations tools and
Working For Families. This scenario arises
risk falls mainly on employers from a recent Supreme Court decision
a major area of IRD focus since around
voluntary disclosure, which is simply an
involving surgeons who traded through
2005 and it is our experience that the IRD
admission of an error before the IRD
a company but only paid themselves a
commonly request information about
find it. Where a voluntary disclosure is
fraction of what they had earned when
land sales. The IRD has observed that
made before an audit is commenced,
they previously traded as sole traders.
compliance is generally poor on the tax
the penalties charged are significantly
treatment of the sale of property, and
reduced and generally criminal charges
The IRD has announced that due to a
we agree. For those involved in the
will not be pursued. Therefore, if the
lack of resources, they will focus on the
building industry, the mindset should be
IRD contact you for anything other than
extreme scenarios in the first instance.
to assume that the sale of land will be
routine information (such as clarifying a
Whilst there may be cases where a
taxable, and advice should be sought to
simple error in a tax return) we strongly
building company is paying its owner/
confirm if there are any reasons why the
recommend that you seek professional
operator a low salary and retaining the
sale of land should not be taxed.
advice to see if there are any errors that you should disclose.
profits, we would not expect that these would be the extreme cases the IRD are
The common, if not standard, IRD
concerned with, especially given the
practice now is to contact taxpayers
relatively poor state of the construction
before an audit/investigation commences
Best wishes to all members and families
industry at present.
with an information request or risk
for a safe and happy Christmas and
review. That initial letter will give the
holiday break.
Unreturned income on property has been
taxpayer an opportunity to make a
9 9
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alternative to brick and render, Scyon®
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Stria®. Cladding is a modern and efficient
or lightweight steel floor joists, Scyon®
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Most common helpdesk questions Geoff Hardy is a specialist commercial lawyer in Auckland and also a member of the
and end, just in case the leaks do return
you will be negotiating, mediating and
CBANZ Board.
within the next 10 years. And to become
arbitrating until the cows come home,
Contact Geoff on 09 379 0700
even better informed, sign up to one
and at considerable cost.
geoff@madisonhardy.com.
of the DBH’s one day seminars on leaky building remediation, which are excellent
The same is true of the District Court,
value. There is one scheduled for both
whether you are enforcing a payment
Auckland and Wellington in February
claim or just asking the Court to settle the
2012, but if there is sufficient demand
dispute. So the only feasible option is to
they may schedule more.
use adjudication under the Construction Contracts Act (“CCA”). This is a quick
How Can I Get The Final Payment Out of the Homeowner? Ideally you will have got a deposit that you carried through the entire project, so you could set it off against
and reasonably cost-effective system that delivers a reliable result that the owner usually complies with.
Can the Homeowner Get Someone Else in to Finish My Work?
your final invoice. But if that is not the
Should I Fix a Leaky Home? These jobs are definitely more risky, but only because it is notoriously hard to stop water getting in, water is a latent defect that can cause serious damage, and homeowners now have an expectation that someone will always be accountable. So only do the low-risk jobs. Don’t do the jobs where the owner wants the damage repaired quietly without any word to the Council so he can pass the problem on to an unsuspecting purchaser. Only do the jobs where the owner wants the house fixed properly, he can afford it, an expert has identified all the problems, a designer has prepared plans & specifications to deal with them, and the Council has issued a building consent. Even then, you need some special clauses in your building contract that spell out exactly where your responsibilities begin
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case (and it is rare) then you have to
If the owners have simply had a gutsfull
look for alternative leverage. On a full
of you, they can’t throw you off-site
build project (rather than additions and
halfway through the project, unless the
alterations) you may be able to withhold
building contract expressly gives them
possession, although the owners usually
that right, or you agree to go. Similarly
find a way to beat that. Typically the
you can’t just walk off the job. You
owners are in the driver’s seat because
are obliged (and entitled) to finish the
they are in possession of the house and
building, and they have to pay you in full.
also the final instalment.
Normally no-one can cancel a building contract without the other party’s
You can withhold producer statements
consent.
or documentation required for the code compliance certificate, but that generally
However it is different if the other
doesn’t trouble the owners unduly,
party has breached the contract. Typical
nor does the fact that their guarantee
breaches by the builder include defective
doesn’t take effect until they have paid
workmanship, massive cost overruns,
you. Although the Disputes Tribunals are
or excessive delays. In that case the
quick and inexpensive, it is dangerous to
owners have rights under the Consumer
file a claim there because the owners can
Guarantees Act. But if it’s defective
manufacture a substantial counterclaim
workmanship they want to get fixed,
and the Referees usually sympathise
they have to give you a reasonable
with the owners. If instead you follow
opportunity to fix it before bringing
the procedure in the building contract,
someone else in. The only situations
where they can bring in another builder are where you have failed to fix the defects, or it’s a cost overrun or excessive delay that is unjustified and can’t be remedied, or where the defects are “substantial” (ie. very serious). If you have a written building contract then it will also say when the contract can be terminated and how to go about it. If you don’t have a written contract then you fall back on the Contractual Remedies Act. This allows the owners to cancel the building contract, but only where you have permanently walked off the job, or they’ve been conned into signing the contract in the first place, or your breach of contract is very serious. You have the same rights where the owners have done those things. If the job is covered by a Homefirst guarantee, the owners can get the replacement builder paid for by Contractors Bonding Ltd (“CBL”). But bear in mind that CBL won’t pay out unless you either can’t or won’t complete the job. If you’re merely in dispute with the owners, CBL will wait until the dispute has been resolved or
are two minor exceptions to that. First, as an LBP you can be disciplined by the Building Practitioners Board, and many disgruntled building owners will try to use this as a weapon against you. Secondly, over time the Courts will begin to impose higher standards of care on you, in line with your new status. But that will only be gradual.
Should I Take Over Another Builder’s Project? Yes, by all means. But take sensible precautions. Your written building contract must state that you will be responsible for your own work but not that of your predecessor. You should try to get a Council inspection of the project before you take over, so you have some independent record of the state it was in at that point. Finally, you should take hundreds of photos, so you can use them in evidence later, should the need arise.
you have thrown in the towel.
How Do I Make My Subcontractor Do His Job?
This article is not intended to be relied upon as legal advice.
In this case you are equivalent to the owners and the subcontractor is equivalent to you. In other words, it’s the reverse of the ownerhead contractor relationship, and the same rules (except for the Consumer Guarantees Act) apply. It is much easier to enforce your rights against the subcontractor if you have a written subcontract. If he won’t perform then you can withhold his money. To get it, he will have to use adjudication under the CCA, and then the truth will come out. If he has breached his subcontract in a serious way, you can cancel it and get another tradesman to finish off his work, at his expense.
Should I Work as a Labour-Only Carpenter From Now On? The advantage of working labour-only is that you don’t carry the responsibility for all the other trades and suppliers beneath you. But then you don’t get to charge a margin on their invoices, and you lose control of the project. If the owners aren’t experienced in construction, that is going to lead to a lot of inefficiencies and frustration. Typically they are going to lean on you to do the project management for them and coordinate all the trades and suppliers, so you end up doing the work of the head contractor anyway, but without getting paid for it.
What Extra Liability Will I Face as a Licensed Builder? You are just as liable now as you will be once you become licensed. Licensing will not have any material effect on your liability. There
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Updated BRANZ House Building Guide A new edition has just been launched of the House Building Guide – the big BRANZ book about timberframed house building.
guidelines for good building practice,
edition were sold. It is available now
from the foundations to internal lining
through the BRANZ bookshop.
The latest edition of the book takes into
checklists of the working documents that
account the standards and Building Code
they need to have access to.
changes over 2011, including the new NZS 3604:2011 Timber-framed buildings and the new Acceptable Solutions for weathertightness, E2/AS1, and durability, B2/AS1. (Only the new versions of 3604 and the Acceptable Solutions can be used from 1 February 2012.) There are now 250 drawings in the book. They have been coloured for the new edition, and the vast majority are in the popular, easy-to-follow 3D style. The 370-page book gives practical
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and finishing. The book also explains the key standards and Building Code clauses that designers and builders need to follow. It gives
While the book indicates the minimum requirements to achieve compliance, in many cases, it includes recommendations for better options based on BRANZ research findings and experience. The book also covers contracts, site practices such as quality control, site management, storing and moving materials, and site safety. The House Building Guide is a BRANZ bestseller – 26,000 copies of the previous
Buy your copy today for only $66.95 + $8.00 p&p. Order online www.branz.co.nz or call 0800 80 80 85 (press 2).
Don’t throw those old records out! By Geoff Hardy, CBANZ Board member and senior lawyer in the law firm Madison Hardy
done, or they might wait until they have
thrown out all their old records by
arranged finance. Sometimes this can
that time, such as the original building
take years.
contract, the plans & specifications, their invoices to their clients, the invoices
Our law firm is assisting a number of builders who have become defendants in leaky home cases. In most of these cases the claim was filed with the Weathertight Homes Resolution Service nearly 10 years after the building project was completed.
While all of this happens, the parties that
they received from their suppliers and
the homeowners intend to claim against
subcontractors, their GST returns, diaries,
(the “Respondents”) remain blissfully
time sheets, notes of site meetings,
unaware of what is going on. There is no
variation records, and correspondence
requirement to notify them as soon as
files. This makes it all the harder for
the claim is filed, or the WHRS assessor
them to prove whether they were
has completed his inspection or written
the head contractor or a labour-only
his report.
carpenter, who was responsible for the leaks, and what instructions they were
So when the respondents finally receive
given.
notice that they have to defend a claim, it can be 13 or so years after their work
Because of this risk, I strongly urge all
was completed. This makes a mockery
tradesmen to retain all the paperwork
After the claim is filed it is often put on
of the 10 year limitation period in the
relating to any project they ever worked
the back burner while the homeowners
Building Act.
on, basically forever. You cannot assume that they will become irrelevant after 7,
decide what they are going to do next. For example, they might get the repairs
Inevitably the Respondents will have
10 or even 13 years.
Certified Builders Association of NZ Inc
2012 Diaries All Platinum (business) members will receive one FREE copy of the CBANZ® Diary. You are able to purchase further copies for your staff etc. This year Gold Card holders will also be able to purchase a CBANZ® Diary. EXTRA DIARIES WILL COST
$15 inc GST and freight Please email Millie T to place your order millie.t@certified.co.nz or order online in the merchandise section
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GUARANTEES & INSURANCES Life, Medical and Disability Insurance We just don’t have the expertise needed for these specialised covers, which often need discussion at home as they are very personal matters, but we are delighted to let members know of a partnership we now have with TNP Group, who specialise in these types of cover and who have qualified brokers based throughout New Zealand.
Life Insurance: Life insurance pays out a lump sum to your dependants, or other nominated beneficiaries, in the event of your death. Whether it is buying a new house, paying off the mortgage or bank loans, education or retraining, your loved ones will have more choices to help them get on with life.
Mortgage Repayment Cover: Mortgage repayment cover is designed to make the monthly mortgage repayments in the event that the insured person becomes totally disabled.
Trauma Cover: Trauma Cover pays a lump sum in the event of a major medical trauma such as heart attack, stroke or cancer. Trauma cover gives you financial freedom to make choices, when your health has been seriously affected, and you may have to rethink your future.
Income Protection: Self-employed Income Cover provides a monthly benefit if you are unable to work because of a total disability. Ask yourself this - if you had an accident or became very ill and were no longer able to earn an income, how long would you manage financially? Income Protection cover takes the uncertainty out of that.
Health Insurance: Nothing is more important than the health of you and your family, and that’s what makes health insurance such an important part of your life. Unexpected health problems can impact your family’s life, lifestyle and finances. Five important reasons to have Health Insurance; 1: You have choice where, and how you get treatment. 2: No added stress about how to pay health bills
Contract Works Public Liability Errors & Omissions (E&O) Statutory & Employers Liability Tools Vehicle House and Contents Boat Life Income Medical
3: Avoid long delays in waiting for treatment in public health system 4: Cover for the future 5: Access to many of the latest recognised medical procedures and technology. If you would like to discuss any of these covers or get quotes, please phone
ACC: You are all paying ACC Levies, it is a fact of being in business. Most people think that
us on 0800 237 843
because they pay their high ACC levies , they will be sorted if they get hurt. Depending on your business structure this might not be the case. You could be paying far too much for the amount of cover you have. TNP offers you an assessment and they work with ACC to ensure that you are getting the best value you can get. Just give us a call and we will arrange for one of TNP’s experienced brokers to give you a call to make a time to discuss any of the above.
WISHING YOU AND YOUR FAMILIES A MERRY CHRISTMAS Jim, Keryl, Kylie, Kim, Ben, Dave, Gwenda & Rachael
If you would like to discuss any of these covers or get quotes, please phone us on 0800 237 843 or you can get a Contract Works quote on the web – Should you have any urgent www.certified.co.nz matters over Christmas, while the office is closed, Jim will be available on 0274 505 528
17 17
Lights ... camera...
On the last weekend of October a number of our builders stepped out of their comfort zone and gave up their time to take part in two new TV advertisements for Certified Builders. We had a fabulous response from our local Western Bay of Plenty builders and we even had members travelling from Auckland and Hamilton to get their ‘big break’ and become famous. The filming took place in various locations around the Bay of Plenty
18
Polytechnic, and at one member’s new build home in Katikati. After many harrowing hours of “hurry up” and “wait”, “take your positions”, adjusting the lighting, and “retake that shot” our members are more than happy to continue building houses rather than become famous silver screen actors! The new TV advertisements were to be edited and complete by the end of November, so keep your eyes on the telly for our long awaited new campaign ...
action!
ABOVE: Preparing the set while the actor builders wait for their debut. LEFT and BELOW: The cameras are rolling and filming is under way.
19
ITaB apprentice named best first-year student ITaB apprentice Sam Talbot stood in the limelight before an audience of 70 or so students, supporters, sponsors and industry representatives filling “The Establishment” in Wellington on October 13. The occasion was the MNZIOB Central Chapter rewarding its students in the 2011 Student Achievement Awards. The awards which continue to grow in popularity and stature within the Central Chapter region reward the best students nominated by their tertiary institutes in Degree, Diploma, Trade and first year categories before culminating in an overall Supreme student award. Although originally based around the
NZIOB certificates, the introduction of
The final act of the night was to present
key award sponsors has allowed some
the Redican Allwood Supreme Award,
significant prize money to further reward
which was awarded to Samual Taylor
these high performing students.
from Weltec whose recommendation acknowledged not only his own high
The awards ceremony followed, with
standards of achievement throughout his
award sponsors individually reinforcing
course but went on to explain how he
the significance of these awards before
had positively influenced the rest of his
handing out framed certificates to all
class inspiring a “raising of the bar” for
finalists, and then the winners.
the course.
The RJHA Ltd Award for best Degree
Congratulations to all the finalists and
student went to Joseph Sturm from
winners and thanks to the sponsors for
Victoria University, the Mainzeal
their generous support in making this
award for best Diploma student to
event such an ongoing success.
Samual Taylor from Weltec, the Carters Wellington Award for best Trade student
Mike King
to Ben Hanna from BCITO and the
MNZIOB Central Chapter president
Resene Award for best first year student to Sam Talbot (ITaB) from EIT Hawke’s Bay. All the winning students took the opportunity to thank their tertiary institutes, teachers, family and friends as well as the NZIOB and sponsors.
Sam Talbot – apprentice profile
Award selection criteria
Sam has shown great promise in the first year of his carpentry
My selection criteria for the first year apprentice award
apprenticeship. His employer Paul Boaler in Havelock North is
was based on site visit observations and record of work
extremely pleased with his work ethic and as far as his book
progress. Sam Talbot has completed a pre-trade course so
work goes I am frankly amazed, says Shane Sigglekow, EIT
there were no theory tests for him this year as all theory
Carpentry Apprenticeship Program Co-Ordinator.
is covered in the level 3 pre-trade.
His work is exactly what we need to easily sign off units and
A typical 1st year apprentice will take the better part
he has used photos well to back up his written evidence. He
of the first year coming to grips with how to fill out the
shows how dedicated he is to the trade with the high level
record of work book and through trial and error over
of detail he uses. For a first year to be at this standard so
the 6 eight weekly visits a year will be guided to a good
early on is fantastic I wish all of my apprentices were so well
standard. In the first year I would expect 2-3 practical
motivated, says Shane.
units handed in as they are still learning. In Sam’s case he took it all on board from the first visit. The second visit
He is ex-pretrade and it definitely reflects on EIT when the
was very impressive, his record of work was detailed and
employer tells his fellow builders that they should take on
set out as well, if not better, than a 4th year apprentice.
a Pretrader from EIT as an apprentice because they show keenness from the get go. They have paid a lot of money to
What really grabs you is his willingness to learn and this
do the trade the right way so they definitely know what they
is reflected in his very professional record keeping. We
want to do with their lives – they want to be builders.
have to remember that he is only 21 and this is maybe what surprises me most, a lot of apprentices his age are
20 20
The overwhelming feedback I have had about Sam is the
distracted by their social lives. This combined with his
reason I nominated him. At the rate he is going I feel he will
employer’s comments convinced me that he is my best
breeze through his apprenticeship and he is a pleasure to
1st year apprentice. – Shane Sigglekow, EIT Carpentry
have on board.
Apprenticeship Program Co-Ordinator
From your co-ordinator
Nathan Byers receives his Carpentry Certificate and 8000 hours completion certificate from Shane Sigglekow, Carpentry Apprenticeship Program Co-Ordinator School of Trades and Technology Eastern Institute of Technology
ITaB apprentice Nathan Byer’s path to achieving 8000 hours Hi Guys
Nathan Byers completed his 8000hrs,
Nathan has shown great time manage-
on 4th November 2011. He has been
ment with being able to travel to the
Well it’s been a full on couple of
a great apprentice and early on
block courses 4 weeks a year as well as
months since we last talked. On the
showed his willingness to learn by
juggling the demands of a very young
Apprentice front I have two more
completing his theory and practical
family.
builder events coming up, one at
book work ahead of time.
Unitec in Auckland and the other in
Nathan started with the block courses
Rotorua at the Waiariki IOT. I will
Unfortunately for him he had a
for his first 2 years then coped well
update you on those in the New
period of not having an employer so
with our transition to night classes
Year.
his 8000hrs had to be suspended for
where he finished off the theory part
up to 6 months until he was signed
of his apprenticeship last year. His
back into an apprenticeship.
employers have said that “he has got
As you see with the article our ITaB apprentices keep on taking out the
his head screwed on right and has the
awards. This just goes to show the
However, even while the 8000hrs
quality of training. Our Providers
is on hold our apprentices are still
are delivering on their word to
enrolled students so I can still have
Nathan was a great student and I am
deliver top flight young guns to our
them in night classes and assess their
happy to see him qualified. He is keen
industry.
book work as they are enrolled and
to get his Gold Card application to
paid up for each year. This is a great
Certified Builders and will be there
On a personal note, I want
feature of our apprenticeship system
for the monthly Certified Builders
to wish you all a safe and
if the employer runs out of work
meetings in the future.
Happy Christmas.
we can keep up progress on written
See you on the road
potential to be a great builder”.
work etc until either that builder is
– Shane Sigglekow, EIT Carpentry
busy again or, as with Nathan, he
Apprenticeship Program Co-Ordinator
finds other employment. Dion Tapper National ITaB Coordinator
This was the case for Nathan which is why he was able to wrap up all of his book work well in advance of his 8000hrs being completed.
21 21
22
Licensed? Show it! Certified Builders can now supply you with a suite of LBP stickers for:
invoices
letterheads vehicles
business cards
envelopes windows
Stickers are available in the black/white version or the green/white version of the LBP logo.
LBP Stickers
Window stickers (150mm round)
Stamp size stickers for use on
Green/white version
Black/white version
$3.50 each
$3.50 each
$7.50 per sheet (40 per sheet)
$7.50 per sheet (40 per sheet)
business cards, invoices, letterheads, envelopes etc (25mm round)
Please note: LBP stickers will be supplied only to those of you who are current Licensed Building Practitioners and this will be strictly regulated. Special thanks to Tauranga member Blair Arrowsmith for the inspiration and ideas for the LBP stickers.
23
Preparing your
From the desk at Operations
Your nearest workshop To understand the effects on builders and your team let’s take a look at what is and what is not Restricted Building Work [RBW]. RWB applies only to work done or supervised on
• Single household dwellings o fully detached
By Jason McClintock Operations Manager
o or a single residential unit and
•
Joins and stringers
•
Floor trusses and diaphragms
•
Pre stress floor installation
Walls:
•
Studs and jack framing
•
Lintels
•
Panels of interior linings [bracing and diaphragm]
one or more residential facilities e.g. a corridor, foyer, garage, laundry, lift, sauna, or storage unit
• Small to medium apartment building o Contains two or more residential units or residential facilities
o Does not contain parts that are neither residential units nor residential facilities
o Maximum height of 10m [to highest point of roof]
Restricted Building Works is:
With the “definitions” within licensing becoming clearer, it is evident well informed builders will be at the forefront of the build process taking on board more project management. This is the model I can see working successfully under the LBP scheme. With this comes opportunity to charge for additional services, have a more productive work site and lead a community of Craftsmen that will get it right first time mitigating your risk.
24 24
The Primary Structure - The principal structural system of the building. It includes all structural elements of the building intended to contribute to
•
Solid construction
•
Piers
Roof:
•
Rafters
•
Purlins
•
Trusses
•
Diaphragm systems
Columns and beams:
•
Columns
•
Posts
•
Pillars
•
Beans
•
Structural supporting systems
resisting vertical and horizontal loads. Bracing: This includes but is not limited to ... Foundation, floors and subfloor:
•
Cross bracing
•
Sheet bracing
•
Shear walls
•
Diaphragms
•
Slab on ground-steel and concrete
•
Piles [including bracing]
•
Foundation walls
•
Strips
Systems:
•
Rafts
External moisture management systems
•
Pads
•
Bearers
External Moisture-Management
are the building elements and systems that prevent the ingress of external moisture and help control moisture within the building fabric ...
– CBANZ CEO Derek Baxter
Community of Craftsmen This includes but is not limited to... Damp proofing:
Commercial buildings
to take control, however this should not
•
Shops
•
Floors
•
Offices
•
Walls and floors in direct contact
•
Motels
with ground
•
Sub floors/suspended floors and solid walls exposed to airborne moisture-including damp proof protection.
Waterproofing: [tanking and waterproof coatings]
•
•
building consent
Solid walls exposed to airborne
Schedule one
be a free service, there is omissions and errors insurance to pay for, a project management fee to cover and if this LBP has to come across town to sign off the garage door install for instance the associated costs will need to be covered. I can see a picture emerging of a successful site. Propelling the well informed builder back to the front end
Apartments greater than 10 metres
•
Lowest ground point to highest roof point, excluding chimneys, aerials etc
Floors, walls and roofs in direct contact with the ground or floor
•
Building work that does not require a
•
The main contractor [LBP] is well placed
Residential Buildings with commercial parts
of the project, ideally having input at procurement stage, selecting sub trades with a “get it right first time” attitude. Talk with your team of sub trades about getting licensed, if you operate from Gisborne you currently have no Brick and Block as well as external plasters licensed.
moisture
•
Apartments with shops underneath
Roofs exposed to airborne moisture
•
The residential section maybe
off external plasters. Remember if you
subject to RBW [depending on
do not hold a licence for a particular
number of units]
class you cannot sign it off e.g. carpentry
including Water-proofing protection Cladding system:
The same for the West Coast and Nelson - to date nobody is capable of signing
cannot sign brick and block or external Out Buildings
plaster work.
•
Build wrap
•
Drained cavities
•
Cladding
•
• Prefab trusses
through RBW, memorandums, the clients
Fixings
•
Windows, doors and skylights
• Pre stress
inspections and if you are required to
•
Ventilators
• Steel frame etc
mitigate your risk.
•
Openings and penetrations
•
Flashings and seals
•
Joints and Junctions
•
Surface treatment [e.g. waterproofing coatings]
Fire safety systems:
•
•
Detached garages etc
Elements constructed off site
Work not covered by a licence
• Straw bale etc Internal Carpentry work/linings
• These must not be contained with
CBANZ will template up a site book guiding members through the requirements of licensing. Stepping you obligations, dealing with councils and sign off other trades’ work and how to
It has been a pleasure assisting members through licensing this year and to see many aspire to the site two, although economic conditions have made it somewhat difficult for some to capture their abilities in the past five years.
the discretion of RBW i.e. primary structure There is a whole raft of sub trades
Wishing you a pleasant holiday season, for those that have not applied
Design only of building elements
involved with RBW, many of whom will
intended to protect people and
not qualify for a carpentry licence to
for licensing take your application with
property from the effects of fire
be able to sign off their own work e.g.
you to fill out or you may find yourself
plaster board installer and garage door
with restricted abilities to work come
Let’s now take a look at what is not
installer. Before these trades even step on
Restricted Building Work: This includes
site it should be established who will be
but is not limited to ...
signing off RBW.
March 2012.
25 25
5
free
helplines
Contracts
Employment
For help with contracts issues contact Peter Degerholm at Calderglen
Advice on any employment-related issue
Associates. Phone sessions are limited
is available from specialist Tauranga law
to 20 minutes and written questions
firm, Employment & Environment Law.
must be kept brief though they
Danny Jacobson and Trudy Paterson will
may include relevant extracts from
assess the employment issue and give
documents.
general guidance on the best options in
Danny Jacobson
phone sessions of approx 5-10 minutes. It Peter Degerholm Ph 04 587 0061 or 021 307 232 Fax 04 587 0062
Peter Degerholm
is not intended as a substitute for formal employment/legal advice. You must identify yourself as a CBANZ member
email peter@calderglen.co.nz
and any information you disclose will be treated with confidence.
Business-related legal issues
Trudy Paterson
Ph 07 928 0529 or 021 857 529 email trudy@e2law.co.nz web www.e2law.co.nz
For advice on business-related legal issues, Auckland commercial law firm Madison Hardy is offering a free service to CBANZ members. It will only cost you the price of the phone call. Free advice sessions are
Geoff Hardy
limited to 20 minutes. Experienced lawyer, and CBANZ director Geoff Hardy and junior lawyer Gagan
For general business, accounting or tax
Tangri will answer your queries, during
issues you can contact Steve Brocklebank
business hours. Geoff Hardy Ph 09 379 0700 Gagan Tangri Ph 09 970 9567
General business, accounting or tax of PricewaterhouseCoopers. Phone sessions are limited to 10 minutes at
Gagan Tangri
Steve Brocklebank
first, and emails should be kept to the point. You must identify yourself as a CBANZ member and any information you disclose will be treated with confidence.
Insurance
Steve Brocklebank Ph 03 470 3615 or 027 433 6025
For advice on any insurance-related issue
email steve.j.brocklebank@nz.pwc.com
contact Jim Rickard at CBA Insurances. If you have your own broker they should be your first point of contact. However, Jim is happy to help with any claims problems
Jim Rickard
and with any general question about what cover you should have as a builder. Ph. 07 579 6259 or 0274 505 528 Email jim@certified.co.nz
It’s your call!... 26 26 26
Restricted Building Work coming into force The second step in the journey to reform the building and construction sector takes effect on 1st March 2012 when Restricted Building Work (RBW) comes into force. RBW follows on from the introduction of the Licensed Building Practitioners* (LBPs) scheme in 2007, and relates to any building work which affects the primary structure or weathertightness of a home or small-to-medium apartment building. RBW can only be carried out by those registered under the Governmentadministered LBP scheme and includes: foundations and sub-floor framing, floors, walls, roof, columns and beams, bracing, damp-proofing, roof and wall cladding, water proofing, as well as the
Watch this space There are also two Bills before
Building Amendment Bill (No 4)
Parliament which are likely to be
focuses on consumer protection
passed in 2012 and progressively
measures and includes:
implemented over the next few years. Both Bills address issues identified in the Building Act Review carried out in 2009/10.
• mandatory written contracts for building work over $20,000 • that builders must disclose information, for example details
Building Amendment Bill (No 3) has a
about their skills, qualifications,
regulatory focus and includes:
licensing status, track record, insurance, and dispute history
• enhanced accountability
• new general remedies
• an owner-builder exemption for
• that builders must fix any defects in
restricted building work
their work within 12 months
• enhancement and clarification of the building warrant of fitness
Further information on what these
regime
changes will mean for the building and
• other minor and technical amendments
construction sector will be available once the Bills are passed.
design of fire safety systems. It doesn’t apply to outbuildings buildings such as stand-alone garages or garden sheds, or
supervised that part of the construction.
that does not require a building consent.
designers, carpenters, brick and block layers, foundation specialists, plasterers
to commercial property, or to any work Given this requirement, it is
and roofers. The scheme also covers site
good practice for LBPs to take
managers, but they cannot do RBW.
In order to get building consent for
photographic evidence to record
Restricted Building Work, the design will
their start and stop points and to
Some members of other professions
need to be carried out or supervised by a
keep a copy of the Memorandum for
are automatically treated as if they
Design LBP (including a Registered Architect
their own records.
are LBPs (Registered Architects, Chartered Professional Engineers,
or a Chartered Professional Engineer). The homeowner must provide the
Registered Plumbers and Gasfitters).
The designer then needs to provide the
Memorandum to the local council as part
LBPs are practitioners who have been
owner with a Memorandum (Certificate
of their Code Compliance Certificate
independently assessed as competent in
of Design Work) that states who did the
application.
particular areas of work.
that the design complies with the
Penalties will apply and unlicensed
They are also required to carry out a
Building Code.
tradespeople caught doing RBW risk
range of skills maintenance activities to
design, identifies the RBW, and certifies
being fined up to $20,000. Likewise
ensure their skills remain current and
The homeowner must provide this to
homeowners can also be fined if they are
are required to re-apply each year to
the local council as part of their building
found to have knowingly employed an
continue being licensed.
consent application. The construction
unlicensed person to carry out RBW.
of RBW cannot get under way until the owner has notified the local council of
The Department of Building and Housing
the LBPs who will be carrying out or
is currently developing guidance material
supervising the work.
for each licence class - once published, copies will be available on its website
Furthermore, once each LBP has
www.dbh.govt.nz.
completed their part of the RBW, they must give the owner and the local council
* The Licensed Building Practitioner
a Memorandum (Record of Building
scheme, administered by the Department
Work) stating that they carried out or
of Building and Housing, covers
Certified Builders will template requirements for licensed practitioners into a site record booklet for members. This will include writing the memorandum and prompts on the information required “writing and archiving Restricted Building work will be vital”. – Jason McClintock, Operations Manager
27
CBANZ Conference Accommodation Options:
Fast facts
Are you prepared for an audit? As a business person, you can expect an audit of your tax returns at some stage. The secret is to be prepared! If you follow Inland Revenue’s 10-point checklist, your audit should go more smoothly: 1.
Register for all the taxes that apply to you (For example, income tax, GST,
2.
PAYE, FBT). Make sure you’re up-to-date with filing your returns and paying your
3. 4.
5.
Test that there’s a clear trail from the
8.
Confirm your logbook is up-to-
taxes.
figures in your tax returns to your
Confirm that you’re paying tax on
invoices, receipts, and bank records,
all your income, including income
so you can readily prove your figures
received in cash.
are accurate.
return before we find out about
Check that you’re claiming only
it—a “voluntary disclosure” will
If you’ve paid expenses “out of the till” or out of cash takings, don’t forget to add the expenses back
6. 7.
business-related expenses. Make sure you’re accounting for
date if you’re making private use
9.
adjustments for a motor vehicle. Tell us if you’ve filed an incorrect
probably save you money.
10. If you’re unsure about anything,
when you’re calculating your income
private use of business assets and
contact Inland Revenue or talk to
for the day.
expenses (Are you making private
your tax agent.
use adjustments or paying FBT?).
ers’ d l i u B Page g a r B
Win H & cloth F NZ ing
nt a w e W r u o y s! c i p
Out there doing it...
Send us your hunting and fishing photos ... and we’ll reward those that get published on this page with a Hunting & Fishing New Zealand fleece Bushshirt. Send photos to: Builders Brag Page PO Box 4472 Palmerston North or email in hi-res to erin@huntingandfishing.co.nz (be sure and identify clearly that you are sending an entry for the Certified Builders Brag Page as well as your full contact details!) For Hunting & Fishing New Zealand store locations check out www.huntingandfishing.co.nz phone 0800 486 834 (0800 hunt fish)
Todd Yukich, Auckland ITaB apprentice, with his best fallow stag shot a few weeks ago on a trip down in Wanganui.
Danny Rowe, from Christchurch, during an awesome trip to Milford Sound where they collected their full quota of crays this size!
Mike Knight from Custom Carpentry in Auckland with three goats caught recently.
Please note photos submitted must be from a CBANZ or ITaB member or a company affiliated with Certified Builders.
31
Be sun sensible
Summer is here and what better time, to review your workplace policy for sun protection.
The Health & Safety in Employment Act 1992 [HSE] requires
Prolonged exposure to sunlight is a well-established cause of skin
actions – elimination, isolation and minimisation – to ensure
cancer, including melanoma. It is the UV radiation component of
that a significant hazard does not result in harm to employees.
sunlight which is harmful. Even on cloudy days, the UV level may
Where the hazard cannot be eliminated or isolated then, as well
be sufficient to be harmful. Long term effects on the eye include
as minimising the hazard, the employer is required to provide
damage to the cornea and formation of cataracts.
protective equipment, monitor exposure and, with consent, help
employers to identify hazards faced by their employees and, if it is found that a hazard is significant, apply the hierarchy of
in relation to exposure.
HSE states
Best Practice
Part 2 s 10 : Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable
•
Introduce a workplace sun protection policy
Part 2 s 10(2)(b) : to provide, make accessible to, and
•
Provide sunscreen (SPF 30+) AS/NZS 2604:1998 conforming protection;
ensure the use by the employees of suitable clothing and equipment to protect them from any harm that may be caused by or may arise out of the hazard
•
It is noted in the Act that an employer does not comply with
Provide UV clothing [hat and long-sleeved polo shirt]
Consider minimising exposure by:-
subsection (2)(b) simply by paying an employee an allowance or extra salary or wages instead of providing the protective clothing or equipment OR requiring an employee to provide his or her own protective clothing or equipment as a pre-condition of employment or as a term or condition in an employment agreement. However should an employee choose to provide his/her own protective clothing for reasons of his/her comfort or convenience and the employer is satisfied that the protective clothing is suitable in terms of (2)(b), it is important to note, nothing detracts from the responsibility of the employer. The steps that may be taken to reduce the risk posed by solar radiation include working under cover when the sun is most intense [greatest risk occurs during the summer daylight saving
• Eye protection [sunglasses should meet AS1067:1990 and allow less than 5% UV-A transmission]; • Lip protection [lips should be protected with sunscreen or a lip/chapstick with a SPF rating of 15+]; • Sunscreen [Sun protection factor (SPF) of 15+ is recommended – apply 15 minutes before going out in the sun and reapply according to manufacturer’s instructions] • Personal protection [Hats / Clothing] • Job organisation [if possible, reschedule tasks when the sun is most intense]
months between 11am and 4pm], the use of shade and providing
An example of a workplace sun protection policy is available on
suitable personal protection.
the MEMBERS section of the website www.certified.co.nz.
32
Summer Leave Public holidays are celebrated on the day they fall unless the employer and employee agree in writing to transfer the observance of the public holiday to another working day, or where Christmas Day, Boxing Day, New Years Day and 2nd of January fall on a Saturday or Sunday. If these public holidays fall on either a Saturday or Sunday employees who normally work on these days celebrate the public holiday then – for employees who don’t normally work Saturday or Sunday the public holiday is transferred to the Monday or Tuesday respectively. To help you decide whether an employee is entitled to take the public holiday you will need to determine if the public holiday falls on an otherwise working day. The Department of Labour has an Online Holiday tool that can help you; visit www. dol.govt.nz/holidaytool. Once you have worked
Cover your arms in the harsh sun Dri Gear Long Sleeve Hype Polo Colours: Navy/White, White/Navy, Black/White 140gsm 100% micro poly eyelet mesh, moisture wicking UPF 15-20+ Email millie.t@certified.co.nz for a quote.
out if the day is an otherwise working day you can use chart below to determine which day the public holiday will be taken. For more information about public holidays and what to pay for a public holiday go to www.dol. govt.nz/er/holidaysandleave/publicholidays
Public Holiday
Not an otherwise working day
Is otherwise a working day
Christmas Day (Sunday 25th Dec 2011)
Christmas Day
Christmas Day
is transferred
is observed on
to Tuesday 27th
the day it falls
January
Boxing Day (Monday 26th Dec 2011)
Not entitled
Boxing Day is
to the public
observed on
holiday
the day it falls
New Years Day (Sunday 1st Jan 2012)
New Years Day
New Years Day
is transferred
is observed on
to Tuesday 3rd
the day it falls
New Year Holiday (Monday 2nd Jan 2012)
January Not entitled
New Year
to the public
Holiday is
holiday
observed on the day it falls.
Wide Brim Sun Hat: UPF50+
33
NZ Housing Foundation’s affordable By Lois Easton, Beacon Pathway There’s a growing debate in New Zealand about the affordability of our housing. The Productivity Commission is currently looking into the issue in recognition of the impact housing affordability has on ordinary New Zealanders, the wider economy, and the size and health of our housing industry. We believe that affordability is about more than the upfront cost of buying a home, it’s also about your home’s performance: how much it costs you to run your home, and the indirect health, social and employment costs of cold, damp, unhealthy homes. The New Zealand Housing Foundation’s HomeSmart Home is a great example of affordability over time. The Housing
Living areas and photovoltaic panels made the most of the sun on the north face of the HomeSmart Home.
Foundation is a not-for-profit, charitable trust set up to provide affordable housing for low income households. Built in 2009, the HomeSmart Home amended a standard Housing Foundation design using Beacon’s HomeSmart Home guidelines. These guidelines have been developed out of our experience in building and monitoring the performance of two new homes, and they aim to ensure a home meets our performance benchmarks, the HSS High Standard of Sustainability®. The HomeSmart
combined with U-PVC framed double
startlingly low coming in at 3980 kWh
glazing. The family found the house to
per year. Compare this to a recently
be very warm in winter and only used
monitored group builder house in
the heater when they first moved in
Christchurch where year-round heat
with a newborn baby. Warm winter
pump use resulted in 14,400 kWh per
temperatures in living and bedrooms
year energy use, and you can see what
improved the family’s health. The family
a saving this is. In part, the great
reported that no-one had been sick since
performance was due to the photovoltaic
arriving in the house and they had not
panels which generated a third of
needed asthma inhalers.
electricity used, but even without this,
Energy use in the HomeSmart Home was
Home’s energy and water efficiency, monitored for a year with a family of 2
The New Zealand Housing
adults, 2 children and 2 teenagers living
Foundation’s HomeSmart Home
The results were exciting. Simple but effective were improvements to the home’s passive solar design and thermal
• • • •
side and the majority of windows along the northern face. An overhang shaded living area windows with eaves over the upper storey windows. High levels of insulation (R4.6 ceiling insulation and R2.6 external wall insulation) were
34 34
Glen Eden, Waitakere, Auckland 160m2 including double garage 4 bedrooms, 1 bathroom, 2 toilets HERS (Home Energy Rating System) thermal rating of 8.0
envelope. The house was oriented to the north with the garage on the south
a very efficient electricity user – after all, not many affordable homes would invest
indoor temperatures and humidity were
there.
the home’s design and features made it
• • • • • •
stars PV solar power system Heat pump hot water system Greywater system Rainwater tank uPVC-framed double glazing Low energy lighting
in this level of kit. A combination of energy efficient appliances, lighting and hot water combined with good passive heating and thermal design significantly reduced the family’s power bills. The family praised their efficient heat pump hot water system for its contribution to their lower power bills and the warmer home meant minimal heating costs. The house also included a Centameter which enabled the family to keep an eye on their energy use. Other studies have indicated that energy monitors can reduce energy use by about 10%.
high performance house Performance against Beacon’s HSS High Standard of Sustainability® Criteria
Benchmark
NZHF HomeSmart Home
Energy Use
5800 kWh/year
3890 kWh/year
Water Use
125 litres/person/day
117 litres/person/day
Living Room Mean Temperature
>18°C - 5-11pm in winter*
19.0°C
Bedroom Mean Temperature
>16°C - 11pm-7am in winter*
18.0°C
Living Room Mean Relative Humidity
40-70% - 5-11pm in winter*
62%
Bedroom Mean Relative Humidity
40-70% - 11pm-7am in winter*
62%
* Winter = May to September
Water-wise, the HomeSmart Home also
incorporating them into homes, they
performed well. Water is metered and
should be a top priority for affordability.
paid for separately in Auckland, so using less water had a direct financial benefit for the family. Water efficient appliances and fittings, a rainwater tank for the garden, and a greywater system, which reused 30% of waste water from bath, shower and laundry, reduced the family’s water use to 117 litres per person per day. This is considerably less than the average in the Waitakere area of 165 litres per person per day. Given the low cost for water efficient fittings and the ease of
Double glazing in bedrooms
•
In Auckland, rainwater systems
Of course, nothing’s perfect and even the
plumbed to toilet, laundry and
HomeSmart Home could be improved.
outdoors
The upstairs rooms tended to overheat in summer - deeper eaves on both upstairs and downstairs windows, and high windows which can be left wide open for natural ventilation, would address this. While the greywater system was a good performer, a larger rainwater tank
About Beacon Pathway
plumbed to outside, toilet and laundry would use Auckland’s excess rainfall more efficiently. And while it’s true the
Beacon Pathway is committed
upfront cost of a photovoltaic system may
to the transformation of
not yet justify its use in affordable homes,
New Zealand’s homes and
this may change as the price of power
neighbourhoods, working to
goes up, and the cost of photovoltaic
make them higher performing,
panels comes down. Overall, the HomeSmart Home delivered excellent performance and affordability for the family living in it, and will continue to do so over its lifetime. By and large this has been achieved by relatively simple and cost effective features, which should be considered as standard in all affordable new homes
Heat pump hot water unit and greywater system in the utility area at the back.
•
•
Good passive solar design
•
Heat pump hot water system
•
Water efficient fittings
•
High specification insulation in
more adaptable, resilient and affordable through demonstration projects, robust research and a collaborative approach to creating change. Members of Beacon Pathway Incorporated include EECA, Christchurch City Council, Certified Builders, New Zealand Steel, Insulpro, Resene, and Fletcher Aluminium. For further information about Beacon Pathway visit www. beaconpathway.co.nz.
ceiling and walls
35 35
Q&A – the law at work A: Danny Jacobson & Trudy Paterson e2Law — Employment & Environment Law
risk of a claim.
We have written about this issue in previous columns but we are still
For the future, we also strongly
regularly dealing with it through
recommend that you have a written
the Employment Helpline.
agreement in place with any
The legal test for whether someone
contractor and that you operate the
is an independent contractor or
working relationship as an ‘arms
an employee is determined by
length’ relationship of principal and
examination of “the real nature
contractor, rather than akin to an
of the relationship” between the
employment relationship or a hybrid
two parties. What the parties have
type relationship.
agreed or called the relationship, including in any written agreement, is not to be treated as a determining
TERMINATING WORKPLACE ACCOMMODATION
matter although this will still be a relevant consideration. The focus
staff member who lives on site in
operates in practice. Your labourer
an upstairs flat above our office/
may well be able to argue that the
showroom. This accommodation
real nature of your relationship is
was offered to this employee as
that of employer/employee. For
part of his “package” when he
example, he would argue that there
started work. He has recently
is no written agreement recording
resigned from his employment
the contracting relationship, he
with us, but seems to think he has
has worked exclusively for you
the right to continue to stay in the
effectively on a full time basis
flat even after his employment
and that you treated him like an
ends. Is this correct? We want
employee by giving him warnings.
him out as soon as possible so that
Based on the information you have Last year, I took on a new guy as a
his replacement can be offered a
provided, there is definitely a risk
contract labourer. We don’t have a
similar arrangement.
that this labourer could be held
written agreement but I told him he
to be an employee. If this is the
would have to pay his own tax etc.
case, the Employment Relations Act
He has been working for me on a
would apply. You would then be
full time basis. There have been
liable for paying PAYE and to claims
issues with the quality of his work
for unpaid annual leave, public
and he is often late for work or
holidays, sick leave, bereavement
doesn’t turn up at all. I have given
leave, as well as open to personal
him a first warning and a written
grievance claims if you terminate
warning about these matters. Now,
the relationship without following
I have two clients who have advised
proper employment processes.
that they will not have him on their
We recommend you seek advice
sites due to issues with the quality
if you are in this situation as in a
of his work and his behaviour.
practical sense, you may be able
As he is a contractor, I can just
to follow a fair process before
terminate his contract can’t I.
terminating to try and minimise the
The following questions have arisen in cases in which e2Law has recently been involved:
CONTRACTOR vs EMPLOYEE Q:
36 36
Q: Our building business has one
is more on how the relationship
A:
The Residential Tenancies Act 1986 deals with the termination of this type of tenancy arrangement which is called a “service tenancy”. Once employment ends, you can give him 14 days notice of termination of the accommodation arrangement. In certain circumstances, you can give less than 14 days notice should– •
you believe on reasonable grounds that he will cause substantial damage to the premises if permitted to remain for 14 days; or
•
it be necessary for the
is effectively compromising her
part of her holiday pay, then you
conduct of your business
holiday pay entitlements in the
would not be able to have your
that a replacement
interests of the overall settlement
settlement agreement certified
employee be appointed
package. Surely we can come to
by a Department of Labour
and no suitable alternative
whatever arrangement we want to
mediator as per the usual process
accommodation is available
and the Department of Labour just
when settlement agreements are
has to sign it?
negotiated. We recommend you
for the replacement worker within the 14 day period.
SETTLEMENT OF WAGE AND HOLIDAY PAY ISSUES Q: I am trying to negotiate a settlement
A: As a result of amendments to the
seek specific advice as we find it is
Employment Relations Act 2000
often simply a matter of adjusting
which came into effect on 1 April
the wording of the proposed
2011, it is now unlawful for a
settlement agreement to satisfy the
Department of Labour mediator
new legal requirements.
with an aggrieved apprentice who
to sign any agreed terms of
has raised a number of claims
settlement in which a party agrees
including for unpaid holiday pay
to forgo all, or part, of that party’s
and unfair treatment. As a result of
minimum entitlements. The term
without prejudice discussions with
“minimum entitlements” is defined
the employee’s representative, we
as meaning wages or holiday pay
have now reached agreement about
or other money payable by the
an “exit package” which we wish
employer to the employee under
to have signed off by a Department
the Minimum Wage Act 1983 or
of Labour mediator. I phoned the
the Holidays Act 2003. The object
Department of Labour about this
of this change was to ensure that
and was told that the proposed
minimum entitlements cannot be
settlement would not be able to be
negotiated away at mediation. If
signed off because the employee
your employee is forgoing all or
Trudy Paterson and Danny Jacobson are Partners at Employment & Environment Law, Barristers and Solicitors, Tauranga. They operate our Employment Helpline for CBANZ members: ph 07 928 0529. They have also previously produced a Guide for Employers in the Construction Industry which CBANZ can send out to members on request. (The above is by its nature general, and is not intended to be a substitute for legal advice).
37
38
Steel framed housing –
a great alternative
Steel Steel
Carl Davies, General Manager of industry body National Association of Steel Framed Housing (NASH) says that the resulting rise in the number of Steel Frames Homes we see around the country is great news as consumers, builders, developers and Government agencies recognize the benefits of building in light steel house framing. It is encouraging to see that our market share has grown significantly over the last couple of year says Davies.
Q. How will a steel framed house cope in a fire? A. Steel performs well in fire situations and because of its non combustable nature can actually prevent the spread of fire within the dwelling. This is a significant advantage. Q. I steel framing comparable in price with timber? A. Absolutely. Also greater spans are possible with steel meaning larger open spaces are achievable. Another great advantage for the consumer and builder is that the construction of the frame is not weather dependent which means project scheduling and interim payments can be made on time and as planned. This helps cashflow. Q. How fast can it be constructed?
Most of the steel used in house construction is made in
A. Steel framing has a high strength to weight ratio which
Glenbrook , Auckland by NZ Steel, so its local and its origin is
means lighter structural members when compared to other
therefore easily traceable. Steel for housing produced by NZ
materials. This has the advantage of speeding up construction.
Steel also carries the Asthma Foundation Sensitive Choice tick which is a great from a health point of view. Davies says that NZ Steel also backs their product by offering a 50 year durability statement for their steel providing
Q. Is steel for housing easily available? A. Yes, just contact a NASH member and they will assist you. Q. Do I have to have a special building consent?
reassurance for consumers and builders.
A. No, just proceed as you would normally. Most if not all
So let’s talk through some concerns that consumers have
framing so building consents should not be more arduous.
about housing these days: Will the framing for a house rot? - No, nor does it rust if installed properly. Q. How does a steel framed house perform in an earthquake? A. Steel framed houses performed very well in the recent events in Christchurch and laboratory tests have been conducted by NZ and international experts that prove that
Councils are familiar with the requirements for Steel for house BRANZ are currently doing a road show around the country talking about changes to the regulatory regime. They include details about the new Industry Standard for Light Steel Framing. Light steel framing for residential construction is taking off in NZ as it has overseas. Steel framing for residential dwellings makes sense says Davies. Let’s give consumers a choice.
steel for framing performs well in seismic events.
39
SPOTTED Look what was spotted in the hand of someone on a Wellington railway platform recently. The CBANZ bags were being handed out to people who came through the doors of the Wellington Home and Garden Show. What a great way to promote the Association - well done Wellington.
Just when you thought you had the right power tool for every job ...
... maybe a Christmas present for the worker who has a full toolkit?
Take a look at one of our latest website developments www.reliabuilt.co.nz
What they wanted: The Reliabuilt team specified a clean and user friendly website with major emphasis on their past projects.
Job Build: The home page was designed to draw the browser’s attention directly to Reliabuilt’s past projects, with easy viewing without leaving the home page.
Job Outcome: A vibrant 4-page website with a Team page to build confidence in the browser and lots of great quality images of past projects to sell their services and prove their experience.
In just 3 easy steps you could have your very own 4-page website for $695 (exc GST)
Get a Website ... and your business can be on display 24 hours a day, 7 days a week, 365 days a year! To find out how ... Contact Eve ph 0800 CERTIFIED or email eve@certified.co.nz 40
Putting CBANZ on the Wellington map
Wellington Certified Builders have been working on raising their profile by creating a stand for the 2011 Wellington Home & Garden show which was held at Westpac Stadium on 18-20th of November. Over the three days 15,000 people came through the doors. Everybody who visited the stand was invited to enter the prize draw to win a Certified Builder for 1 day’s free labour and $500 of materials thanks to the generosity of Paul Boden from PlaceMakers Kaiwharawhara. There were 895 entries submitted, of which 213 wanted to be contacted. The winner was
The calm before the onslaught – Nick Jones (left) and Andrew Grimes just before the show opened.
Melanie Redshaw. Also to help promote the Association there were 5000 re useable bags with the CBANZ logo printed on them which were given to people as they entered the show. Walking around the stadium there was no doubt Certified Builders Association were out there and that all the exhibitors and the public wanted one of these bags. The 14 members who manned the stand where pleased with the response from the public and felt that it was a worthwhile exercise to educate them on who CBANZ is and what we stand for.
41
Worskhops shed light on Restricted Building Work Western Bay of Plenty Certified Builders recently hosted two DBH workshops on the definition of Restricted Building Work. Melanie McIver Project Manager for LBP took members through supervision, submitting memoranda, consenting requirements, what is and what is not Restricted Building Work. The second workshop was open to industry representatives. Provocative discussions on “real life” implications were raised at both meetings with Melanie guiding us through the legislation and policy behind LBP requirements. The system refers to working within your area of competency, this is often difficult to ascertain especially when taking on a new aspect of work that is within your area of practice. Melanie suggested another way to look at it; “practitioners should be asking themselves, are they working within their abilities?”. Let’s take a look how this works, by gaining a carpentry licence it would be assumed you are competent for example in
Around the table at one of the DBH workshops.
installing windows or supervising the
CBANZ will be working with the DBH to
installation of long run roofing iron.
assist with training of builders and sub
These areas of practice are within the
trades on the roll out of the licensing
scope of the carpentry licence, however
scheme, through Trade Training evenings
if you do not have the ability to execute
and the communications streams
this work then you should not be
currently in place.
(a) having a crack at it or (b) signing off the supervision of this work.
WBOP President Jason McClintock
Don’t forget our CBANZ Fisher & Paykel partnership Just a reminder that we still have a relationship with Fisher & Paykel – bringing our members some very competitive discounts on the full range of Fisher & Paykel and Elba by Fisher & Paykel and now Haier appliances. For more information contact Millie at National Support Office ph 07 927 7720 or millie.t@certified.co.nz
42
Students work on their own house project
For the first time, students on the National Certificate in Carpentry (Level 4) at Kaitaia’s NorthTec Learning Centre are working on their own community house building project. Tutors, Steve Rameka and Murray Smith say it is the ninth house now to be built by the carpentry students over the past six years but the first to be built off site. He said the four-bedroom house is being constructed north-west of Kaitaia and is a key component for the students’ practical element of the National Certificate in Carpentry. In July, 13 students started building the house at Weber Place. Nearing completion, the students are now eager to finish the first house they have been involved in building and to high standards. So far, the students have kept to schedule ... they completed the foundations, frames, wall cladding, roofing, the carport, doors and the windows of the house were in, and it was “weathertight.” Steve believes the project demonstrates essential life skills to the students. Even the basics such as turning up to work on time, was having a desired effect on their development and can-do attitude. Steve recognises that planning is important in the building trade as
right and is able to take instructions on
If the National Certificate in Carpentry
working to tight deadlines becomes
the first day of work.”
(Level 4) interests you or would like information on any of the other
critical for whether or not a project slips behind or stays on schedule. He suggests
Steve says that working on the project
trades NorthTec offers including a new
that this was a particularly important
was something “tangible” that the
entry-level Certificate in Elementary
work habit to develop early on in a
students would be able to use as
Construction find out more by visiting
building career.
evidence of previous work experience to
www.northtec.info.
a prospective employer. Steve says one of his Elementary
“We aren’t teaching speed, this will come with time when they are employed in the
“This practical experience is the most
Construction students is getting work
industry. At the moment we are teaching
pleasing part of the course for them,
experience at Omaha Beach (east of
basic carpentry skills and techniques, so
which backs up the theory they have
Warkworth) with a building company
that potential employers will have an
learnt during the year. They are able to go
that will employ him as an apprentice, at
apprentice that has at least got the basics
and put all of that into practice,” he says.
the completion of this year’s course.
43