Dec/January 2012 InHouse

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.

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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

10

James Hardie launches Scyon® in NZ James Hardie has unveiled a new brand to the New Zealand market. The culmination of years of research and development, the Scyon® range aims to counteract the fickle whims of Mother Nature.

The product range combines workability and durability with simplicity.

This is achieved in the advanced cement composite of Scyon®, which harnesses the strength of the tough natural elements that would otherwise act against it.

By extracting these properties, Scyon® pioneers a smarter way to build from the moment of manufacture right through to installation.

Michelle Cherrington, Marketing Communications Manager, James Hardie New Zealand, said that ‘Scyon® products not only afford their users a smarter way to build but also have this efficiency and sustainability built right in’.

By using renewable natural materials like recycled water and plantation pulp, the makeup of Scyon® ensures a viable and sustainable future for New Zealand.

The products in the Scyon® range include: way to achieve the decorative render

Secura™ Interior and Exterior Flooring is

look.

as workable as it is durable.

elements in mind, Scyon® Linea®

Scyon® Axent™ Trim and Fascia:

More information about performance,

Weatherboard provides peace of mind

Formerly known as CLD® Trim and CLD®

installation, warranties and warnings can

long after installation.

Fascia, Scyon® Axent™ Trim and Fascia

be found at scyon.co.nz

Scyon® Linea® Weatherboard: Designed with the relentless New Zealand

provide the same reliable protection on Scyon® Axon® Panel: With its upright

window and door trim and roof fascia

grooves and resilient makeup, Scyon®

that is provided by all Scyon® products.

Axon® Panel is vertical engineering at its best.

Scyon® Secura™ Interior & Exterior Flooring: Providing protection against

Scyon® Stria® Cladding: A great

moisture on interior flooring and tile

alternative to brick and render, Scyon®

finished decks and balconies over timber

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

12

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

14

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

15

16

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