Business News October/November 2014 Volume 22: issue 10
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Peasant economy looms
Lost innovation will cost dearly James & Wells partner, Ceri Wells has been involved in patent drafting, litigation, trade mark ownership, unfair competition and copyright matters for 30 years.
H
e’s passionate about making sure business get the best possible bang for their innovative buck. “We’re all proud that from its earliest times New Zealand has been a country of thought leaders and innovators. “In the days of pigeon post and wind-blown ships the New Zealand population had to be resourceful, because the chances of receiving assistance
and supplies from overseas were zero. “Our predecessors in this plucky country learned to find their own solutions to problems, improvise and make anything from whatever was lying around – being inspired equally by lengths of flax in the early days, to No. 8 wire. “It was a case of adapt and innovate, or be very uncomfortable. The country’s isolation led
Ceri Wells to the development of national characteristics such as a willingness to work together and help others. Survival and progress
depended on sharing ideas and successes. “Unfortunately to this day we have the tendency to give our ingenious ideas away – or at the very least not protect ourselves so that others can just take them, without regard for their potential value. Infamous examples of this generosity are not hard to come by: In the 1880s, clever Kiwis worked out effective refrigeration for shipping, and then allowed the Australians to use it to sell frozen meat abroad in competition with us. Then there was the re-sealable tin lid. This should have made its Dunedin inventor very rich, but
instead it was British companies who, realising it wasn’t patented, made the millions. Even the iconic kiwifruit, we pioneered the industry standard Hayward variety kiwifruit and then enabled others to grow them. Being the good sports we are, we even let them use the kiwifruit brand - until it ceased to be one. Kiwis just kept on developing stuff and letting it go, for free. But times have changed and we’re now part of the global economy. The altruism necessary for survival and growth in an isolated community is no longer appropriate. Conntinued on page 38
Enrich+ plans free business day
Enrich+ CEO Wendy Becker and employment executive leader Martyn Parkes
Breaking down the barriers confronting disabled people who are keen to take up employment in the mainstream is the focus of a Free Business Event planned for November at the Claudelands Event Centre in Hamilton. Enrich+ has been delivering vocational services to people with a disability for almost 25 years across the Waikato region. Their purpose is to work alongside individuals to develop their skills and abilities and enhance their inclusion in the communities of their choice.
The organisation has received funding from the government’s “Think Differently” campaign which will be used to work with and bring together employers and networks of well-connected people to change their attitude towards employing people with a disability. Enrich+ CEO Wendy Becker said: “We have 93 people in work directly through our services and employers have embraced the philosophy which is backed up by sound research”. “They are definitely more receptive to continuing to
employ a person with a disability once they have had the experience”. “Our big day on Thursday, November 26 at the Claudelands Event Centre will explain the many positives about workers with a disability,” she said. International research shows these workers are often more reliable; just as productive as non-disabled workers; have a strong work ethic; are loyal and are very keen and motivated, embracing the opportunity to work. The research also identifies Continued on page 30
INSIDE THIS ISSUE Farmers' Market on the move
Page 32
Medical Research Foundation Page 6
Workplace safety Page 33-35
Camera on the run with Montana Page 37
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WAIKATO BUSINESS NEWS
October/November 2014
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October/November 2014
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Youth employment flame fanned in Matamata Poignant stories of at-risk young people forging successful careers reduced some guests to tears at the recent launch of Smart Waikato’s Futureforce™ Action Network in Matamata.
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mart Waikato chief executive Mary Jensen said more than 80 employers and educators at the launch, held at Stanley Construction, were visibly moved when young workers shared stories of career success despite the odds. “It’s a tough world out there for young people and Futureforce™ Action Network is all about inspiring employers
to offer better work opportunities to all young people,” Mary said. “There are simple ways employers can improve the experience of work, from jobs to work experience, and FAN gives them the tools to do that. Everybody wins.” FAN is a Smart Waikato project designed to reduce youth unemployment by creating awareness of the problem and
Kevin Stanley, Stanley Construction, and Mary Jensen, Smart Waikato.
encouraging employers to offer more work experience, jobs, apprenticeships and cadetships to skilled and talented young people in the Waikato region. Employers and educators joining the network have free access to a suite of on-line tools to assist them when employing youth. More than 680 people, representing tens of thousands of Waikato jobs and dozens of secondary schools, have joined the network to date. Matamata 19-year-old Kerri Apiata, of Redoubt Café, particularly impressed the audience at the launch with her determination to succeed despite the death of her mother as a child and making some mistakes in her early teenage years. Kerri decided to turn her life around, started working at a local fish and chip shop and was later employed by Redoubt Café owner Jacob Henderson. She is also completing a chef apprenticeship. “This is a remarkable young woman who has worked to find opportunities to success in the face of difficulty,” said Mary. “She is just 19 and recently bought her first home. She needed an employer who was willing to give her the right opportunity and that’s what FAN is all about.” FAN first launched in Hamilton late last year and is being rolled out throughout the region as funding permits. “Next we will be looking
Kerri Apiata and Jacob Henderson, Redoubt Café, and Linda Nelson Caie, Smart Waikato.
Kym Bolton-Hampton, Matamata College careers, flanked by college students Tai, Holly, Connor and Serena at Thames-Coromandel district as well as other centres in Matamata-Piako.” Initial outcomes of the Matamata launch include 25 employers interested in offering work experience, 13 wanting to offer apprenticeships and 18 considering offering a workplace opportunity to an
unemployed or at-risk youth, Mary said. “Most employers want to offer an opportunity to a young person and the support FAN offers them helps to make it a reality. Young people are the workforce of the future and they are a vital part of upskilling our region.”
“We would like to thank, DV Bryant Trust, Stanley Construction, Mayor Jan Barnes, YouthWorks Matamata, the Community Organisation Grants Scheme and Wintec for their support of this important initiative.” For more information contact: Mary Jensen 0212955951
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WAIKATO BUSINESS NEWS
October/November 2014
Influential Waikato women finalists in awards working smart to alleviate youth unemployment has helped a Waikato leader clinch a finalist placing in the Women of Influence NZ Awards.
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ary Jensen, of Smart Waikato Trust and Waikato Engineering Careers Association, was a finalist in the Local and Regional category of the awards, held at SKYCITY Auckland on October 8. Other regional representatives at the awards were Susan Hassall, of Hamilton Boys’ High School, and Cynthia Ward, of True Colours Charitable Trust, in the Community category and Traci Houpapa, of THS and Associates and the Federation of Maori Authorities, in the Board and Management category. Overall winner was Lesley Elliot, founder of the Sophie Elliot Foundation, for her work to prevent violence against women. In 2008 Lesley witnessed the death of her daughter Sophie at the hands of her former partner Clayton Weatherston. She has gone on to develop a one-day workshop called Loves-Me-Not for Year 12 students. Mary has been the chief executive of Smart Waikato since its inception in 2009, working with handpicked professionals to manage WECA (Waikato Engineering Careers Association) and the FutureForce™ Action Network initiatives including FutureForce™ magazine. Smart Waikato Trust aims to connect, inform and engage
Waikato youth, business and education to create a better future for all. Smart Waikato recently pulled together leaders and stakeholders in the Waikato region in a bid to Government to alleviate Waikato’s youth unemployment problem. Within this initiative Mary developed the NEET (Not in Employment, Education or Training) to Employment
model. Another project that Mary has overseen for six years is Principal for a Day. Mary enjoys managing the Lion Foundation Young Enterprise Scheme (YES) and her voluntary time on Waikato Diocesan School for Girls Board of Trustees as an elected parent representative. Mary is a member of the Waikato Regional Economic Development Strategy’s labour market strategy working group and has been elected to the project team developing the ‘Waikato Story’ to better convey the special attributes that make the Waikato region a great place to live, work, visit, study and invest in.
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SPECIALISTS IN PERMANENT, TEMPORARY AND CONTRACT RECRUITMENT 3
Temping is a great interim measure when between jobs, waiting Jensen, Roger Evans Linda Nelson travel abroad1. or Mary if you are wanting the and flexibility to callCaie, the shots o Smart Waikato Trust. 2. Back row, left to right: Sally when you work (e.g. school holidays).
Birch, Linda Nelson Caie, Mary Jensen, Roger Evans and Silvia Dancose. Front row, left to right: Greg Caie, We need: Delon Birch, Keith O’Donnell and Mark Penman 3. Sally Birch, Linda Nelson and Mary Jensen, • Secretaries • CaieAdministrators Smart Waikato Trust.
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HR Administrators
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Accounts Assistants
Don't let yourself down in your next job interview
Your interview is a chance to present your skills, experience, personal qualities and other strengths as they relate to the position you are applying for in the best and most memorable way possible.
Judith suggests that you prepare a paragraph or two on the major achievements in your last 2-3 positions. A perfect answer says Judith should be around 1 to 2 minutes long and it is really important that you talk very specifically rather than generally. Keep in mind says Judith that an interviewer is not interested in what you might do in a situation, they want to know what you have done in a particular situation. Details and examples are the most important part of your answer. This
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SPECIALISTS work for. answer) and then the outcome isIN the PERMANENT, Temping is a great interim measure when between jobs, waiting to AND CONTRACT perfectTEMPORARY way to finish and close your travel abroad or ifI you arestrongly wanting the flexibility to call the shots on also recommend making answer. when you work (e.g. school holidays). RECRUITMENT contact with the interviewer shortly after We need: the interview, says Judith - even if it is Don’t worry if the outcome wasn’t Temping is a great interim measure when between jobs, waiting to • Secretaries • Administrators just to thank them forcalltheir time travel abroad or if you are wanting the flexibility to the shots on and to positive (you can’t control another when you work (e.g. school holidays). say you enjoyed the interview. person’s reactions). • HR Administrators • Accounts Assistants We need:
• Receptionists • Accountants Finally, remember job interviews are a It’s a great idea to practise your • answers Secretaries • Administrators way for employers to work out how • Payroll Assistants • Industrial/Trades Peoplewell in frontCall of a friend member Carmelor family on • HR Administrators • Accounts Assistants you will fit into their organisation, and if Sharneen Hickey Judith Bright Judy Davison Aysha Murray 07 839 3685 and remember if you are nervous in Toni Harris • Receptionists • Accountants you have the best skills and attributes for Permanent the interview and forget to outlinePermanent Permanent & Frontline Industrial • Payroll Assistantsthe job. • Industrial/Trades People Call Carmeljust on first, make sure your Recruitment Recruitment Executive the situation Administrator Recruitment 07 839 3685 answers contain lots of details and How you present yourself and answer Recruitment examples – this is what the interviewer their questions will help them decide will be looking for. who to hire - so prepare well, remember to use real examples, practise, practise, Recruiting now for a variety of permanent and contract positions including: Try also to ask a relevant and engaging practise and good luck with your search question of the interviewer at the end for new employment. Sharneen Hickey Judith Bright Judy Davison Aysha Murray Toni Harris of your answer. This will help make the
There is nothing worse says Asset’s Judith Bright than leaving an interview knowing that you have not sold yourself well because you were simply not prepared. All it takes is a little careful preparation and some practise to avoid this. There is a simple approach, says Judith to answering interview questions well. And this is where your preparation is critical, you need to anticipate the questions and prepare your answers and examples well.
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Call Carmel 07 839 3685
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Frontline Industrial interview flow in a more natural way. Recruitment With preparation you can perform • Office Manager • sound Property Management Support Recruitment Executive Administrator RecruitmentAysha Murray Sharneen Hickey Judith Bright Judy Davison Toni Harris well in any interview. Recruitment Permanent • • ProjectDo Manager Procurement Specialist Permanent & onPermanent Frontline Industrial some research the organisation Recruitment Recruitment Executive Administrator Recruitment If you are in looking for a change of before the interview, to help you select • Quantity Surveyor • Administration Assistant Recruitment Recruiting now for a variety of permanent and contract positions including: is what the interviewer will remember. career, give Asset Recruitment a call on your questions and to ensure that they • Commercial Finance/Equity Investment • Accounts Assistant RecruitingRemember now for a variety of permanent and contract positions Always use real examples and remember 07 839including: 3685. are relevant. the questions • Sports Parks• & Recreation •• Property Part time Accounts Office Manager Team Leader Management SupportOfficer to always include the; who, where, why,
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when, how and of course what the result or outcome was in your answer. Judith’s formula for answering any question well is to; - first outline the situation, then describe your behaviour or what you did in the situation and lastly describe what happened – the outcome or result. The situation must be a real example, this means your answer is credible and authentic, describe your behaviour or exactly what you did to
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Office Manager • Property Management Support Quantity Surveyor • Administration Assistant Project Manager • Procurement Specialist Commercial Finance/Equity Investment • Accounts Assistant Assistant Quantity Surveyor • Administration ForParks more information view www.assetrec.co.nz Sports & Recreation Team Leader •Accounts PartAssistant time Accounts Officer Commercial Finance/Equity Investment • or call 3685 Sports Parks & Recreation Team Leader07 839 • Part time Accounts Officer
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WAIKATO BUSINESS NEWS
October/November 2014
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WAIKATO BUSINESS NEWS
October/November 2014
R.P.G. Rothwell MNZM
(For services to Medicine); Respiratory and Intensive Care Physician, Waikato Hospital 1961 - 1995; Emeritus Consultant Waikato D H B - 2005 Head, Waikato Academic Division/Waikato Clinical School - 1993 - 2001.
Medical man of long-standing helps drive Waikato Research Foundation By Mike Blake
TENACITY is a trait that can be firmly planted at the door of Waikato medical man of long-standing, Dr Peter Rothwell.
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dd to that a quiet stubbornness and the ability to gently lead people up the path he is negotiating and you have a recipe for success. This doyen of the medical fraternity in Waikato has been at the forefront of many
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achievements, few so important as being an integral player in the setting up of the Waikato Medical Research Foundation. The 1960s and through the 70s saw the advent of specialist services at Waikato’s growing hospital. “This clinical specialisation created a need for research,” he said. “Many of the specialist referrals went to Auckland and that was something which they were reluctant to let go. “At that time Hamilton didn’t register highly in the ‘city stakes’ so we had to show that if we were going to do the job in Waikato, it had to be done as well as anywhere in the world. “In 1965, from the germ of an idea, we set up the Waikato Postgraduate Medical Society (Inc.) “This grew our ability to enhance postgraduate education, lead to greater clinical specialisation and raised the standards of clinical care at Waikato Hospital,” said Peter. In 1963 the Jaycees ran a telephone campaign and raised 75,000 pounds for a cobalt scanner,leading to the establishment of a Waikato/Bay of Plenty Division of the Cancer Society. And in 1987 well-known Hamiltonian Murray Day led a public appeal to raise the
funds for a CT scanner. This was over-subscribed. In the same year a regional helicopter retrieval service was established, funded by Trustbank Waikato and public subscription. “In those early years the Waikato Savings Bank supported the Postgraduate Society to the tune of 2000 pounds a year, which allowed us to bring in a wide range of specialists, including surgeons who demonstrated operative techniques. In 1993, The Waikato Academic Division of Auckland’s Faculty of Medicine was formed, which coincided with the building of the new Bryant Education Centre at Waikato Hospital. “We routinely took students from Auckland,” said Peter. “But it was they who asked to come, we couldn’t be seen to be poaching. “Our philosophy was: Do well or do without.” “With 24 trainee interns in their final year we had a great chance that they would apply to stay on as junior medical staff. “Our teaching capability was strengthened. Some became registrars and while they had an urge to go overseas at that level, there was a great chance that they would come back”. Along with the expansion of
quality medical services over the years and the growth of the number and calibre of medical professionals, came the call for funding for medical and health related research projects. Research then and now is a genuine recruitment tool for attracting quality health professionals to the region. In addition to the benefits of the critical thinking of those professionals, patients chosen for studies often benefit from participation in research projects. In order to satisfy the call for a professionally managed research fund, a number of prominent medical and scientific professionals came together in 1986 and raised more than $1 million to form Waikato Medical Research Foundation. The primary purpose of the foundation was and is today, to support, teach and encourage medical and other health research in the Waikato. From the outset, the University of Waikato and Agresearch have been active participants. Peter was one of the key original donors to the fund and became a trustee of the Foundation in 1995, and Patron since 2005. One of the major attractions for Peter was that any monies donated to WMRF would go directly into the fund and Continued on page 13
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WAIKATO BUSINESS NEWS
A country girl at heart >
by susan vize
Sales Director Phone: 07 838 9390 | Email: susan.vize@codeblue.co.nz
I’m a country girl at heart. I was brought up in the rural geography of the Kaimai range. I enjoyed a country life upbringing with my family and neighbours, which I recall as being mainly outdoors, involved lots of pet animals, fresh fruit and veges, and an old Vauxhall Cresta – which may be cool now, but was definitely not at the time. Spare time was spent running around the orchard and yards. A baby’s bath was our toboggan at the top of an icy hill in winter. And became a container for feijoas to be collected in as we hauled it back up the hill. Every Friday week in winter we would meet at Kaimai Hall and play table tennis. And once a month we had a local dance, with “ladies a plate”. When Red River Rock stopped, and we paused for supper, the table would groan under the weight of the sausage rolls, home baking and light-as-afeather sponges.
The annual Calf Club Day was a highlight – we had to make our own flower arrangement in a saucer of sand. And cook three pikelets. Our mother was surprisingly determined to have us win; consequently our works of art had the hallmark of a much older hand helping behind the scenes. School was two classrooms for 70-ish children and two teachers. We expanded to an extra classroom and teacher somewhere along the line. An apple and a bottle of milk were dished out at “morning playtime”, and bullrush and rounders were the lunch time school activities. It wasn’t all rosy – we had to clean the school ourselves. A roster had us on toilets, sweeping and dusting, all managed under the watchful eye of the “seniors”. Today life in towns may have moved on with paid school cleaners, quad bikes and 4WD vehicles. But the heart of the town remains the same. Rural communities general-
ly are surrounded in dense networks of close ties, which have been shown to foster greater levels of social capital. In Kaimai as in other rural communities, families are embedded for generations, creating a web of social heart and history. Clarification is needed as conversations flow: we talk about say, Paul Coster – “Is that the old man Coster or his father? No, his son. Really – isn’t he doing well.” My mother now in her late 70s and now living “in town”, still has Country Women’s Institute friends she made in Kaimai, many of whom still live there. Akin to the way that mortar holds together bricks in a wall, communities are held together with the glue of social capital – the heart of the town. To demonstrate this heart, New Zealanders have been moving out of the Auckland region - and Canterbury, Bay of Plenty, Otago and Waikato are the regions where New Zealanders prefer to relocate to in New Zealand. Waikato in particular has a host of rural towns of varying sizes. In our CodeBlue family, Jason Trower, our MD, is a lad from Morrinsville, and his family has farmed in Waikato since the late 1940s. David Balsom, now living in Cambridge, went to school in Te Awamutu with our new account manager Brendan Gray. Rachel is a Hamilton girl, born and bred a townie. Brendon moved back here.
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October/November 2014
Tech Talk by jason trower
Managing Director CodeBlue Phone: 07 838 9390 | Email: jason.trower@codeblue.co.nz
Local Business Local Service One of the aspects about being a local business is that you have the opportunity to network and engage with so many other local businesses. At CodeBlue we have the best of both worlds – we’re part of a nationwide chain that provides us with standard processes, support and buying power, as well being a local provider of IT service and support to other local businesses right here in our community. We are of course very proud of our Hamilton clients – a pedigree of names from Agrowquip and McCaw Lewis to Cancer Society and
John stayed here. Sanjay, originally from Columbo and Auckland, is one of the Auckland migrants, who decided to settle in Waikato for lifestyle as have Glenn, Justin and Daniel K. Daniel V has settled in Ngaruawahia while Thorin and Kate tried Raglan but have since settled in Hamilton. Kristy still commutes from Raglan where she and hubby are building their new home. Leyton spent nine years in
Livestock Improvement. We are equally proud of our clients in the greater Waikato from Cambridge to Morrinsville, Matamata to Te Kuiti. Allen Needham and Cooper Aitken in Morrinsville, Stanley Construction and Bell and Graham Lawyers in Matamata. Deosan and Open Country in Waharoa. Te Kuiti is the home of Maniapoto, while Mystery Creek is closer to home. It is this diverse range of geographies and diverse range of customers that make us proud to be in the heart of Waikato.
Matamata providing service and support to many local businesses. So we’re truly a Waikato team, proudly living in and supporting the greater Waikato region. But in the meantime – I’m off to the Kaimai Calf Club this weekend to see how those sand saucers have developed over the years. You can take the girl out of the country – but you can’t take the country out of the girl.
CodeBlue – In the heart of the Waikato region We proudly service and support rural Waikato towns as well as Hamilton city. At CodeBlue, we work hard to deliver the best IT service for our customers – everytime, everywhere. Call us today to find out how we can get to the heart of your IT needs.
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WAIKATO BUSINESS NEWS
October/November 2014
Are you being excessively paid? If you’re an employee, chances are you probably don’t believe that you are paid excessively.
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ecent media attention has focused on large corporates paying exorbitant salaries to their top staff. But the scrutiny does not stop there. Inland Revenue (IR) is also interested in what businesses pay their staff, particularly where staff happens to be shareholders, spouses or relatives. An area of particular focus for the IR is business owners shifting income or streaming losses to their spouses or relatives who may pay tax at a lower marginal rate than them. To illustrate this, we look at Mike and Sally, who own a panelbeating business. Sally comes in to help out with the accounts and invoicing three mornings a week. Mike’s marginal tax rate is 33 percent, and given Sally’s marginal tax rate is 17.5 percent, they decide it will be a great idea to reduce Mike’s salary and increase Sally’s to $47,999 p.a. This way they will pay less tax and have more money in hand as a couple, due to Sally paying income tax at a lower rate than Mike. This can also be seen where Lisa and Mark operate a partnership. The partnership is in a loss position and Lisa earns income from other sources. Mark and Lisa may want to allocate a greater proportion of the partnerships losses to Lisa so that the losses can be offset against her other income, and in doing so, reduce her tax liability.
The problem with making these allocations is that often they do not reflect the services provided by the spouse/relative or they exceed the value contributed by the partner. In these situations, the IR may consider the allocation of income or losses to be ‘excessive’. So what constitutes ‘excessive’ and when is the IR likely to care? Over the years, various publications have been released by IR regarding the payment of excessive amounts by businesses. Under tax legislation, the IR has the ability to intervene and reallocate remuneration, income or losses if it considers the amount is not reflective of the value contributed. They have recently released a ’question we’ve been asked’ (QB 14/09) commenting on what it believes is excessive and its ability to reallocate excessive remuneration, profit or losses under the tax legislation. According to QB 14/09, ‘excessive’ is if the amount paid is more than a reasonable reward for the services provided by the shareholder/director/relative or, if a share of partnership profits or losses exceeds the value of the contributions made by the partner. IR doesn’t give any precise yard sticks as what is ‘excessive’ is fact specific and what will be excessive in one taxpayer’s situation, will not be in another. In reaching a view, the IR will
consider factors such as: • the nature of the services • the circumstances in which they will be, or are performed • the knowledge and skills required to carry out the services • the amount that the person would be paid by another independent employer for like services; and similarly, • the amount the taxpayer would be prepared to pay an unrelated employee performing similar duties. If the IR finds an allocation has been ‘excessive’, the income may be reallocated ‘as the Commissioner considers reasonable’ and the business may be prevented from claiming a deduction for the excessive amount paid. To illustrate the approach let’s take another example, Mary and Bob who are operating a dairy as their family business. At the end of the 2013 income year, Mary and Bob claim a deduction for $20,000 wages paid to their children, Caroline aged 17 and David aged 5, for working in the dairy. The Commissioner will allow a tax deduction in the business for wages paid to Caroline provided the wages are reasonable based on the nature and extent of the work she carried out. For example, if Caroline’s wages are consistent with what she would be paid by any other dairy (not owned by her parents) for performing similar work, the IR is likely to allow a deduction. It is up to Mary and Bob to be able to show the IR that the
Tanner FiTzgerald
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by Grant Neagle
Grant Neagle is a director in the Tax Team at PwC. Email: grant.t.neagle@nz.pwc.com wages paid to Caroline are reasonable for the work that she performs. Evidence showing how the amount of Caroline’s wage was determined will be useful. The IR will not however allow a deduction for wages paid to David. The IR’s view is that children as young as five are unlikely to be able to perform any useful work and case law supports this view. The relationship/association between the parties is also relevant in determining whether excessive allocations have been made. The term ‘relative’ is
defined under tax law and extends to someone who is connected with another person within the second degree of a blood relationship (e.g. a sister and brother), a married couple (including a civil union or de facto relationship), an adopted child and being the trustee of a trust that a relative has benefited under or is eligible to benefit from. Additionally, the IR has a standard requirement that you seek its approval for any remuneration paid to your spouse (other than if you run your business through a company).
This includes your husband, wife, de facto partner or civil union partner. Without this approval, the IR may disallow a tax deduction for the remuneration. This request must be set out in writing and include specific information that will allow the IR to understand the circumstances of the employment and gain confidence that the remuneration is not excessive. The comments in this article of a general nature and should not be relied on for specific cases. Taxpayers should seek specific advice.
Change Management Institute (CMI) extends to Waikato region Organisations world-wide are continually faced with the dilemma of becoming leaner, transforming how they operate, down-sizing, changing strategic direction, becoming more agile, always looking for a competitive edge. This directly impacts people in the organisation. Enter change management as a profession. “In recent years, there has been a significant increase in the demand for qualified change managers,” comments Jane Judd, New Zealand country lead, CMI. “As a professional change management body, we receive many inquiries for accredited change managers. Increasingly,
organisations want to know that they are entrusting their change and transformation to someone who has relevant experience and capability that can be independently verified.” Judd adds that the growth of CMI membership in New Zealand has surpassed expectations at both individual and corporate levels of membership. “For a small country, there is a realisation that if New Zealand wants to remain competitive, change and transformation is imperative. As a result, more businesses are seeking access to independent research and expecting professional standards of practice.” CMI New Zealand now has
The Natural multi
representation in Auckland and Wellington, with the third chapter recently being introduced in the Waikato region. “As an institute, we’re delighted that the Waikato region has invited us to provide an overview of the support that the CMI can offer both professional change managers and businesses building a change capability. There is much happening in the region, and it’s reassuring to know that change is being taken seriously,” says Jane. The Change Management Institute (CMI) is a global, independent, not-for-profit organisation set up to promote and develop the profession of change management.
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WAIKATO BUSINESS NEWS
October/November 2014
9
City Sales Investment -
changing the way we invest in property Changing the way we invest
By Mike Blake
City Sales Investment managing director Martin Dunn knows a thing or two about Auckland property after more than 30 years in the business.
Martin Dunn knows a thing or two about cil has got it right with this mostly professionals who are ow he and his team areproperty Auckland
N
about to launch a road- one,” said Martin. “They say fed up with spending their eveshow to explain it all to we won’t extend Auckland nings researching listings and In the USA, you wouldn’t buy a house without a good buyer’s agent to represent you. property investors and poten- up to Warkworth and down to sales data and their weekends at That same sentiment makingcreating its way ainto countries like Australia Hamilton sprawling auctions and and openEngland. homes. tial property investors New is also traffic jam with huge limitations “If property was Zealand-wide. Closer to home, we’re unlikely to have ever worked with a buyer’s agent, weinvestment Kiwis He makes the important on what kind of infrastructure easy, everyone would be doing are a DIY kind of people. But one man aims to change the way we invest in property it. There comes a time in life point that in the USA, you we can build. witha newly Buyerswill Agency, City Sales Auckland progress as Investment. where you deserve a couple of wouldn’t buy house launched without a Auckland do most great cities – upwards weekends off,” “My good buyer’s agent to represent If there’s one thing that Martin Dunn believes, it’s that New Zealanders needhetolaughs. do rather than outwards with inten- team uses state-of-the-art techyou. more to prepare for their futures. Once bitten by the share market and untrusting of That same sentiment is also sification. This allows brilliant nology to cover the research and houses, he believes that investing in Auckland is the way to do it. advances in infrastructure andhousing selection. making itsfinance way into countries will bring a culture change to “They analyse things like like Australia and England. suburbs, egress systems, culNow property expert Martin many Auckland suburbs.” Martin says Auckland’s ture, schools, planned infrahas developed a team with the aim of changing the way Kiwis unique situation brings an structure, aesthetics… there are unprecedented opportunity with many, many filters. invest in property. When we find an investment He has launched Auckland housing investment. “When I was growing up, property our client is happy with Buyers Agency, City Sales Parnell was a dump. But there we negotiate the purchase price Investment. “As long as we have more house buyers than houses, Auckland house prices And if there’s one thing that aren’t many Aucklanders who on their behalf. As professional won’t stop growing, so if people my age it hard buy a house spare to are buyfinding a house in to negotiators, it’s- here that we aim Martin believes in, it’s ensuring could afford thought for theirfor kids.”Parnell today. to minimise, if not negate our Kiwis do amore to prepare had a young cou- modest fee.” their futures. And the house buyers keep“I on once coming, already passing the 1.5 million mark, Though some ‘CSI’ clients His key to future prosper- ple call me complaining that Auckland was said last year to be adding to its population Aswith for the proa house in every like to19beminutes. involved ity is to invest in the Auckland they couldn’t buy the houses themselves, a further Ellerslie…planners I didn’testimated have much cess,400,000 Martindwellings says most like to housing market and he has an Auckland will be required over next 30 years a challenging with Auckland’s Unitary carried The–couple should betask have the whole process expertly researched plan for all thesympathy. buying in South Auckland, out for them on their behalf. potential investors. Plan demanding most development take place withinand our green belt. “I’m going to change the “As long as we have more holding on to the house – ide“The Auckland Council has it right one. They say we people won’t extend allygot passing it with on tothis their kids.” way buy investment house buyers than houses, up towon’t Warkworth City and down Hamilton, creating a sprawling he traffic SalestoInvestment uses properties,” says.jam “I’ve been Auckland Auckland house prices culture change, stop growing, if people my on this withso huge limitations whatkind kind ofofinfrastructure we can involved build. in Auckland real estate paired withcities infrastructure for 30than yearsoutwards now, so people tend age are finding it hard to buy as Auckland will progress most great do – upwards rather to select its investment to know me. a house - with spareintensification. a thought forThischange, allows brilliant advances in infrastructure and brings a properties. The agents certainly do and their kids.” culture change to many Auckland suburbs.” Intimate knowledge of I can speak to them on a level And the house buyers keep Auckland suburbs andanthe per- different from a layman. on coming,Dunn already the unique sayspassing Auckland’s situation brings unprecedented opportunity with formance research up, forParnell each, is This has helped us to start 1.5 million population mark“When housing investment. I was growing was a dump. also relied on. strong,today. as clients trust my Auckland was said last year to Aucklanders But there aren’t many who could buy a house off in Parnell “We have a specific filtration knowledge and experience and be adding to its population every system which excludesthat several know that be acting 19 minutes. As for housescouple I once hadthe a young call me complaining they couldn’t buy aI’llhouse in in their Auckland suburbs house possible interest.” themselves,Ellerslie… AucklandI didn’t planners have much sympathy. The and couple shouldbest be buying in Mangere types, including anything built City Sales Investment carries estimated and a further 400,000 holding on to the house – ideally passing it on to their kids.” out research, selection, negodwellings will be required over post 1990,”said Martin. “The City with Salesinfrastructure Investment change, tiation,which purchase managethe next 30 years chal- change, It’s this kind– ofa culture paired Cityand Sales target purchase has doubledIntimate in ment on an investors lenging task with Auckland’s Investment uses to select its investment properties. Auckland suburb behalf. Unitary Plan demanding most value each eight to nine years Download their brochure at knowledge and withperformance alsoexpect relied this on, as is a specific filtration since research 1982 andiswe www.citysales.co.nz/invest. development to take place system which Auckland suburbs and house types, including growth to continue.” invest@citysales.co.nz in Auckland’s green belt. excludes several built post 1990. Martin claims his clients are (09) 3030 601 “The anything Auckland coun-
“As long as we have more house buyers than houses, Auckland house prices won’t stop growing.”
“I once had a young couple call me, complaining that they City Sales Investment managing director Martin Dunn couldn’t buy a house in Ellerslie… I didn’t have much sympathy.” Presentation times:
Lunchtime (12.15pm) and after work (6.15pm) Thursday, November 20 Venue: Kingsgate Hotel,Hamilton
“The City Sales Investment target purchase has doubled in value each 8-9 years chase, you will be sent in easily read and understandable prose since 1982 and we expect this growth to continue.”
Investing in Auckland
• Which current listings are prudent options and which are not, with all listings filtered and navigated on your behalf the history of the Auckland housing market and details of the Dunn claims clients are mostly professionals who are fed up with spending culture and infrastructure changes which affect our recommen- • Which Auckland suburbs and neighbourhoods are suitable Unlike many otherhis countries, New Zealand does not enforce researching and sales data and weekends at auctions investment areas. a capitaltheir gainsevenings tax. (Your lawyer andlistings accountant can advise youtheirdations. You will also receive an accurate graphical history illustrat- • Which areas you should not buy in (Albany and Glen Innes and open homes. “If property investment was easy, everyone would be doing it. on ‘intent’). being two) and why New Zealand has no stamp duty, no death duties and no ing housing performance of Auckland’s suburbs and several There comes a time in life where you deserve a couple of weekends examples off!” of investment scenarios which we will tailor to your • The target property’s neighbourhood and how this might restriction on ownership. he laughs. influence your investment. The major investment target City Sales want to avail you of own personal circumstances before inviting you for consultation, either in person, by telephone or via Skype. Regular updates of • Comparable target properties and their sale history is the Auckland housing market. But how does a layman enter “My team uses state of the art technology to cover the research and selection, • What should be bought, and how to buy it the Auckland housing market on his or her own without buying vetted recommended purchases will follow. they analyse things likesuburb, suburbs, egress systems, Afterplanned a property is agreed on, City Sales Investment will • How to fund your purchase the wrong thing, in the wrong at the wrong price –culture, then schools, infrastructure, aesthetics… we and find an inspect further evaluate the property before negotiating a • How to use existing equity to invest without need for extra panic and sell at the wrong time? there are many, many filters. When cash investment our client is happy with we negotiate purchase price on is acceptable to you. After LIM, valuation, purchase price which Suburbs change property in perception and we wish to pre-empt this the finance and solicitors to your their advantage our experience and ongoing study behalf.using As professional negotiators, it’s here that of we aim to minimise, if not approval clauses are declared acceptable • How New Zealand’s current taxation laws make property investment extremely attractive by you, you then pay City Sales the balance of the buyer’s fee Auckland City. our modest fee.” negate • What income and growth might be expected from your We want to act on your behalf and to charge you a mod- and a 10 percent deposit to the vendor’s agent’s trust account. purchase some CSI clients involved theGST process, Dunn saysliaison, most accountant reporting, copy of title, pre-setSolicitor est, tax Though deductible buyer agent’s like feetoofbe2.5 percentwith plus Clients will determine how involved they wish to be with ($12,500like + GST minimum fee)process to do so. City Sales aim to have the whole carried out forwill them ontotheirtlement behalf. inspection and settlement takeover will all be executed the above process. negate, or at going least minimise the negotiation stage properties. of on your behalf by City Sales. “I’m to changethis the fee wayatpeople buy investment Our recommendations City Sales Property Management will immediately begin purchasing your new property. Each week we will send you a list of researched and I’ve been involved in Auckland real estate for 30 years now, sourcing so peopleatend to know suitable tenant for the property and begin the manageevaluated investment recommendations, each with satellite, ment process. me. The agents certainly do and I can speak to them on a different level to what a topographic and street viewing technology somanagement that you may City will also layman can. This has helped us to start off strong as clients trust mySales knowledge andexplain… City Sales Investment carries out research, selection, negotiation, purchase and inspect the area and its surrounds. All recommendations come Onceexperience you have registered with City Sales Investment and • Auckland’s house values, detailed by suburb and accurately and know that I’ll be acting in their best possible interest.” on an investors behalf. Download their brochure at www.citysales.co.nz/invest. personally vetted and on the market to purchase. paid an initial deposit, which is deducted from your first purgraphed dating back to 1982
How it works
P. E. W.
(09) 3030 601 invest@citysales.co.nz www.citysales.co.nz
10
WAIKATO BUSINESS NEWS
October/November 2014
Changes on way for unfair contractual terms The law around commonly used “standard form” consumer contracts is about to change.
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n amendment to the Fair Trading Act 1986, coming into force on March 17, 2015, will allow the Commerce Commission to apply to the District or High Court to declare a contractual term to be unfair. A business that continues to rely on a term that is declared unfair may be fined up to $600,000. The Act does not prescribe what a standard form consumer contract is. Instead, it describes it as a contract where the terms have not been subject to effective negotia-
Law Matters
tion between the parties. Examples include any contract where one party (i.e. the consumer) is expected to sign a preprinted form or accept set terms and conditions on a webpage. The amendments to the Act will also apply to contracts between two businesses if the goods or services provided are of an essentially domestic or personal nature, such as coffee for the work tearoom. When deciding whether or not a contractual term is “unfair” a court will look at whether the term: • is more than reasonably
Live life to the full A little while ago I did something that made me sad.
by DAN MOORE
Partner in the commercial corporate team at Norris Ward McKinnon Email: dan.moore@nwm.co.nz | www.nwm.co.nz favourable to one party or creates a one one-sided set of rights or obligations; • is actually required to protect the reasonable business interests of the party who would gain the benefit of the term; and • would disadvantage a party (financially or otherwise). Terms that run the risk of being declared unfair include those that allow one party to terminate, vary,
renew or determine if a breach of a contract has occurred or penalise a party for terminating or breaching that contract. However, the good or service that forms the main subject matter of a contract, along with the upfront price payable cannot be deemed unfair, as long as it is clear. One important consideration will be how “transparent” the term is. A seemingly one-sided
term may not be unfair if it has been clearly brought to the other party’s attention. There are a number of things a business can do to make a term transparent, including: • drafting the term in plain language; • making the term a size that is easily readable and reasonably prominent in the contract, not in buried in fine print; • placing the term in the same
Peak Potential Tips >
by jasmine sampson
Jasmine Sampson is a Peak Potential Coach based in Hamilton. Contact her via her website www.JasmineSampson.com ence of it. And I’m sad about that. Because that moment will never come again. For sure I can go back in memory and imagination to re-live it. Imagine that I had been fully present and alert to the whole event. This helps. But it is not the same as having been fully there first time around. So my happiness tip for this month is simply to be fully present to whatever is going on right now. The very best way to do that is by immersing yourself in your senses. Here are two suggestions
KERR & LADBROOK
for ways to do this: Right now, while you read this, pause for a moment, close your eyes, take three deep breaths, and relax fully into your body. • What can you hear? • What can you smell? • What sensations come through your skin? Now open your eyes, keep a soft focus and be aware of everything in your field of vision. Not only what is directly in front of you, but what are you aware of beside and behind you? Sit for a few moments, simply absorbing the fullness of
your life right now. Let yourself relax and ‘absorb’ it. When you feel ‘full’ – bring your awareness back to the task in hand. And here is a simple suggestion to create a happiness moment for yourself next time you have a hot drink of any sort. Pause after each step and allow the sense impressions to soak in. Keep your breathing even and deep, relaxing more and more with each breath. Hold the cup in both hands. Close your eyes and focus
on the texture and warmth of the cup. With your eyes still closed, breathe in the aroma deeply. Now take a sip, still with your eyes closed. Hold it in your mouth and savour the taste. Slowly swallow. Notice the lingering flavour in your mouth. Enjoy it. Notice how you feel. Now choose whether to continue drinking this way, or to revert to your usual way. Observe the difference. You can apply this technique of focusing fully on one aspect of what you are doing to anything in life. Practising an exercise like this on a regular basis need take only a few minutes, but will reduce your blood pressure, refresh your brain, improve your alertness and energy - and greatly increase your enjoyment of life. © 2014 Jasmine Sampson
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went to Wellington for the graduation of my youngest son. It was a big event. He had worked hard for several years as full-time student, full-time father and part-time employee. They had been long and difficult years, and I was thrilled to be celebrating his success with him. So it wasn’t the visit, or the event that was sad. Quite the contrary they were a cause of great celebration and joy. What was sad, was that at the
moment of his graduation, when he walked across the stage to receive his degree, I leapt to my feet applauding and cheering and snapping photographs furiously with my little camera. It was only later, as I reviewed those photographs that I realised that the photos did not capture the joy of the moment. And worse yet I had been so focused on trying to capture that moment to relive it, that I had failed to fully experience it when it was happening. You see my energy and attention had been focused on that viewfinder, rather than letting myself really feel the pride and pleasure of watching my son cross that stage. In trying to record the moment, I had shortchanged myself on the experi-
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part of the document as similar terms, not in a schedule or a different page in a webpage; and including a warning or graphic device that in some way brings the attention of the party to the fact that the term is included in the contract. Any business that uses standard form or pre-printed contracts or has terms and conditions on its website in relation to consumer goods and services should carefully examine these terms to be sure that they are clearly drafted and reasonably fair. Additionally, any potentially controversial terms should be presented in such a way that they are more obvious before the contract is entered into.
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WAIKATO BUSINESS NEWS
October/November 2014
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Precious Metals and Diamonds opens store in Centre Place Mall Precious Metals - Te Awa The Base takes 2014 Top Shop Regional Award and wins Fashion Footwear & Accessories catagory
Precious Metals has just moved its flagship store ‘Precious Metals & Diamonds’ from Alexandra Street to a prime spot in the Centre Place Mall in Hamilton’s CBD.
S
panning three generations, the Precious Metals Group is proud to be family owned and operated. In addition to Precious Metals stores being located at Chartwell, Te Awa and now Centre Place, the group also includes Dinsdale Jewellers and Huntly Jewellers. Precious Metals has grown a fine reputation for stocking leading national and international jewellery brands including Pandora, Swarovski, Karen Walker, Kagi, Boh Runga, Thomas Sabo and Nikki Lissoni to name a few. At this fabulous new location, many of the same great brands you’ll find in the other stores are
featured with the addition of a few new extras including Andrea Moore, Lindi Kingi, and Police Watches. “In addition to our top national and international jewellery brands we also offer a dazzling collection of fine diamond and coloured stone jewellery,” said master jeweller and managing director Michael Platje. “In this new store I have included an onsite work-shop with a viewing window where clients and potential clients will be able to see me hard at work.” Michael specialises in all facets of repair work, design and manufacture.
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Michael Platje, Alicia Platje, Fiona Platje, Ophir Bennett, Steven Bennett With more than 30 years experience in the profession, Michael is also Hamilton’s exclusive certified diamond broker with an office in Antwerp, Belgium, the diamond capital of
the world. “This enables me to handselect the best diamonds from the site holders before they are traded to the rest of the world,” said Michael. “From my on-site design centre I can transform your jewellery dreams into special pieces to celebrate those special moments in life.” Precious Metals & Diamonds has also been recognised for its exceptional business excellence having recently been awarded the coveted Nationwide Jewellers – Jeweller of the year award. Accolades also include being one of this year’s Retail Excellence Top Shop Awards Winners and continue to be in the top echelon of branded Mystery Shopping results throughout Australasia. For a truly memorable experi-
ence please visit any of our stores or pop into the newest store Precious Metals & Diamonds in the Hamilton’s Centre Place Mall. Precious Metals & Diamonds Centre Place,
501 Victoria Street, Hamilton Ph: 07 957 0137 Email: centreplace@preciousmtetals.co.nz www.preciousmetals.co.nz
Lindi Kingi - One of Precious Metals newest Kiwi-designed brands
now oPen
new location
centre Place Precious Metals & Diamonds new flagship store in centre Place, Hamilton is now open. Located next to the new Body Shop. Precious Metals & Diamonds have a wonderful range of brands to choose from plus a skilled manufacturing and design service. The Precious Metals Group is proud to be family owned and operated spanning three generations. With Precious Metals jewellery stores in Hamilton malls – Centre Place, Chartwell and Te Awa the group also includes Dinsdale Jewellers and Huntly Jewellers. For a truly memorable experience please visit any of our stores or pop into our newest store Precious Metals & Diamonds in Hamilton’s Centre Place Mall.
Precious Metals & DiaMonDs Centre Place Mall, 501 Victoria Street, Hamilton P 07 957 0137 | e enquries@preciousmetals.co.nz | www.preciousmetals.co.nz
12
WAIKATO BUSINESS NEWS
October/November 2014
So much more than just a recruitment company Drake is not just in the recruitment business. Our job is focused on both ensuring that companies and individuals are expertly matched, and both retaining and motivating staff to progress and grow within your organisation.
We know that one size does not fit all. Drake offers a unique suite of integrated services which can be tailored to support your strategies and achieve your goals, at any stage of the employee lifecycle.
YOOBEE offers the crispest Apples – that’s a promise YOOBEE Hamilton, Waikato’s only Authorised Service Provider and dedicated Apple reseller, servicing Hamilton and Waikato in one form or another for the past 25 years – is proud to announce it is entering the commercial sales market – because we want to see Waikato businesses succeed with the best products they can access to do what they do well.
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In 1987 Phil Curnow, in conjunction with Geoff Tizard, started in business as Registered Valuers. He specialised in the Commercial and Industrial sectors and is now one of the most highly regarded consultants in that field. He has served as National President of The NZ Institute of Valuers and is currently one of five members of the Valuers Registration Board which is responsible for registering new members, investigating complaints and undertaking disciplinary hearings.
fter seeing support withdrawn for Windows Server 2003 and Windows XP – and knowing how counter-intuitive Windows 8 was, YOOBEE Hamilton found an increasing demand from businesses wanting systems and hardware in place that were easy to use, intuitive and came with ongoing expert support – that was easy to integrate in a multitude of different commercial settings. Looking at the growing demand, YOOBEE Hamilton decided the best course of action was to create dedicated commercial customer solutions – by concentrating on the individual needs of each commercial customer. Being the region’s only experts in Apple products and with a passionate knowledge base about the way the products work and how they can maximise productivity in any environment, YOOBEE Hamilton is uniquely set up to make sure you have the right product, with the right information and get the right advice going forward. The technique for delivering such customised service is surprisingly simple and comes from the tenet behind great customer service – by offering personalised customer interaction. Working closely with YOOBEE’s new BDM contact, Daniel - he and the in-store team will work hard to make sure each customer is given great service and won’t be
happy until you’re comfortable with how everything works. With options for onsite training, and installation, with Hamilton-based Apple Authorised service experts to offer any back up, YOOBEE Hamilton has already seen some positive responses from local businesses all the way through to national chains. On top of that schools and education institutes are taking advantage of Apple’s Education discounts that YOOBEE Hamilton also offers and sole traders through to small and medium-size businesses who have wanted an expert to come out and tweak a few things, all the way through to setting up and managing ongoing service agreements. YOOBEE Hamilton is set up to meet every conceivable need. Ranging the complete range of Apple products, from the humble iPhone through to the massively powerful Mac Pro Server – if they don’t have it in stock they can get it, and if you need any help setting up or connecting and integrating these products into your daily business routines – YOOBEE Hamilton is happy to help. Contact YOOBEE Hamilton by visiting them out at Te Awa at the Base, or calling them on 0800 4 YOOBEE – or contact Daniel directly 0220598054
YOOBEE Hamilton now offering specialised business services! Come and see us for all your business needs.
Phil became a founding member of The Arbitrators and Mediators Institute of NZ and studied for his Fellowship status in arbitration. He is the only practising Registered Valuer in the upper North Island who has that status. He is often involved in various aspects of conflict resolution in property, including adjudication and expert determination where parties do not wish to use a more formal process. During the last twelve months Phil has been appointed as arbitrator to several panels, including those concerning commercial properties in the Auckland CBD and Rarotonga. Phillip Curnow FNZIV, FPINZ, FAMINZ
P 07 838 3232 | www.curnowtizard.co.nz
“Valuable people”
Standard Shop Hours: Saturday-Monday 9:00AM-6:00PM Thursday-Friday 9:00AM-9:00PM YOOBEE Hamilton Shop 55, Te Awa The Base, Te Rapa Road Hamilton 3200 Freephone: 0800 4 966 233 Email: hamilton.store@yoobee.com
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WAIKATO BUSINESS NEWS
October/November 2014
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KuDos Lifetime Achievement Award for Roy Daniel Emeritus Professor Roy Daniel has been awarded the Lifetime Achievement Award at this year’s KuDos Science Awards held recently.
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he Lifetime Achievement Award recognises a Waikato scientist whose research has made a major contribution to Waikato and the international profile of New Zealand science. Professor Daniel says that, like all endeavours, science has its ups and downs, but this award is primarily a reminder of the constructive and supportive Waikato School of Science environment. “I’ve been fortunate academically and in friendships among my local and international collaborators, and in the quality and enthusiasm of my graduate research students. And I’ve always had the ongoing support of my family,” he says. “Most of all, the award reminds me of what huge fun it all was.” In a career spanning 38 years at the University of Waikato, Professor Daniel’s work on enzyme properties has been recognised both internationally
and within the university where he was awarded a personal Chair in Biological Sciences in 1985 for his research on thermostable enzymes and their commercial implications. Work by Professor Daniel, a Fellow of the Royal Society of New Zealand, led to a substantial grant for the building and equipping of the university’s Thermophile Research Unit (TRU) where he acted as co-director with Professor Hugh Morgan. During its 32-year existence, the unit has gained an international reputation as a leader in an international network of extremophile research groups. The applied work of the Thermophile group involved close relationships for more than 30 years with national and international companies including research contracts with British Petroleum, Shell, Liquid Fuels Trust Board, Sandoz, Clariant Biotech, Novo and Carter Holt Harvey.
Professor Daniel was instrumental in the formation of Pacific Enzymes Ltd, a joint collaboration with oil company Shell and the Universities of Waikato and Auckland, and in 2004, the formation of ZyGem Ltd. With both fundamental and applied biochemical research interest in enzyme stability, Professor Daniel has been internationally recognised for his research and has been Primary Investigator on several Marsden Awards, with an A rating in the PBRF assessment. His pioneering work on the way in which temperature affects enzyme activity has been cited in undergraduate and advanced textbooks, and could have a profound influence on future attempts to engineer enzymes and proteins. Professor Daniel’s 200-plus publications span 47 years and include many high-profile journals. He came to the University of Waikato in 1975 as a lecturer in biochemistry and was made Professor in Biological Sciences in 1984. From 19871991, he was the Dean at the University’s School of Science and Technology. On his retirement in 2013, the University awarded him the title of Emeritus Professor.
Back L-R: Dr Doug Edmeades, Chris McBride, Prof Craig Cary, Prof Phillip Weston (on behalf of Deborah Harris PhD, Dr Simon Taylor. Front: Emeritus Prof. Roy Daniel, Dr Bruno David
KuDos for Antarctic researcher An American academic whose main area of research is 5000km away in Antarctica has been recognised for his environmental science work. Professor Craig Cary from the University of Waikato’s Faculty of Science and Engineering won the Environmental Science Award at the annual KuDos Science Excellence Awards in Hamilton recently. The awards - now in their eighth year - support and recognise outstanding achievement in scientific research and innovation from the Waikato region. Professor Cary considers himself a Microbial Ecologist and his interest lies in researching bacteria which live in extreme environments, including deep sea thermal vents and the soils of Antarctica. He is interested in learning how bacteria in these environments establish themselves, maintain life, and evolve as
Professor Craig Cary from the University of Waikato’s Faculty of Science and Engineering communities. He says it is an honour to receive the award. “It has been received by many prestigious researchers before me.” The recognition of awards such as KuDos encourages scientists to “do better science,” he says.
“People get the chance to see what we’re doing and that’s great. It is important people know. You always want to get better and do it better, ask harder questions.” He says the KuDos awards are an important way to recognise science in Waikato. Professor Cary’s work now
includes areas such as lake restoration in the region, and didymo research, where his laboratory is charged with monitoring for this pest throughout the North Island. He is based in the Thermophile Research lab (TRU) and a containment lab wing which was built recently allowing the university to bring in samples from Antarctica for research. University of Waikato advanced technical officer Chris McBride was also a winner at the awards, taking out the Hill Laboratories Laboratory Technician Award, ahead of aquatic technical team leader Dudley Bell, who was also a finalist in the category. Associate Professor Nicola Starkey was a finalist in the Gallagher Medical Science Award while Emeritus Professor Roy Daniel was presented a Lifetime Achievement Award .
The KuDos winners Hamilton City Council Agricultural Science Award Dr. Doug Edmeades - AgKnowledge Ltd Wintec Secondary Science Teacher/Educator/ Communicator Award Dr. Simon Taylor - University of Auckland New Zealand National Fieldays Society Innovation Award Dr. Bruno David - Waikato Regional Council Gallagher Medical Science Award Deborah Harris, PhD - Waikato DHB Hill Laboratories Laboratory Technician Award Chris McBride - The University of Waikato Environmental Science Award Prof. Craig Cary - The University of Waikato The University of Waikato Lifetime Achievement Award Emeritus Professor Roy Daniel The University of Waikato
Medical man of long-standing helps drive Waikato Research Foundation From page 6 remain there forever. Only the investment income generated from the fund is used for qualifying medical and health related research projects. Another benefit that appealed to Peter is that the Foundation is not typical of many other not-for- profit charitable organisations in that it is a very “lean” organisation in terms of costs and overheads. Apart from one part time administration assistant all others involved in the day-to-day running of the Foundation are volunteers. It does not own or lease buildings or vehicles and so its overheads are extremely minimal thus maximising the investment potential of donations to the fund. Today, the Foundation is a registered charitable trust based at the Waikato Clinical School at Waikato Hospital. Waikato is now a major centre for the training of health professionals. This is only possible because there
are a cadre of research-active health professionals based in the region. Local medical and health researchers are involved in training the next generation, whether it is medical, nursing, allied health or psychology students. Each year the Foundation invites research proposals from local researchers related to health and medical issues. These are carefully considered by the Foundation Grants Committee and projects are selected in line with set criteria. This multi-disciplinary committee is able to provide feedback on ranking and how grant applications can be improved. In addition, this committee can assist other groups by evaluating the worthiness of research funding requests, and providing supervision and reporting on progress. Innovative research projects that have the potential to significantly benefit the health and well-being of the wider community are also considered. The Foundation works
closely with local health care organisations such as the Waikato DHB, The Cancer Society and Braemar Trust, and has had substantial annual funding from Trust Waikato. The Foundation’s close connection with the Waikato Clinical School provides a valuable resource for the Waikato medical community via education and training for selected medical and clinical staff. The next stage in development of medicine in the region is a sustainable research programme. The WMRF trustees administer a fund of $1.3 million. This is insufficient to meet the ever-increasing demand for medical research funding. For example, in the 2013 funding round the Foundation received applications for more than $350,000, but given its limited resources and even with generous assistance from Trust Waikato was able to fund just over $145,000. In 2012, the trustees accordingly commissioned a
major gift fundraising appeal aimed at lifting the available funding to at least $5 million. Feasibility research conducted before the commencement of the appeal indicated that for such an appeal to be successful there would need to be significant financial support and endorsement from the Waikato medical fraternity, the business and corporate community and the regional rural community. Fundraising teams comprising a number of prominent business people and medical professionals have been operating for some time encouraging support for the appeal. To date, thanks to the hard work of the fundraising teams and generous supporters, the fundraising teams have lifted the research fund to just over $3 million. Although retired since 2001, Peter is currently an active member of both of these fundraising teams and has personally made a key donation to the fundraising appeal. A regional fundraising team has recently been brought
together comprising senior representatives from within the rural and business community. This team is charged with assisting the Foundation to reach out to organisations, trusts, and individuals throughout the Waikato region and to encourage their financial support and endorsement for the research fund appeal. The new Foundation Patrons, Sir William and Lady Judi Gallagher, keenly support the Foundation and the fundraising appeal and are proud to be associated with WMRF. The appeal is a call to all sectors of the community to support the trustees’ efforts to provide the region with a fund that will support health research funding needs, for today and for many years to come. You can also read more about the Foundation or make an online donation at www. wmrf.org.nz Should you wish to discuss any particular aspect of the Foundation or the pro-
posed Fund Development Programme, please feel free to make contact with: Peter De Luca, WMRF fundraising appeal chair Email: pdeluca@tomwake. co.nz Mobile: 021 998 327 Russell Mayhew, WMRF fundraising manager Email: fundraiser@xtra.co.nz Mobile 0274 741 034 Important facts: The Midland Region, to which Waikato Hospital provides specialist (tertiary) services, has a population of 800,000 (equal to the whole of the South Island) and ranges from the tip of the Coromandel Peninsula in the north to Turangi in the south, and from New Plymouth in the west to Gisborne on the east coast. The Waikato District Health Board serves a local population of 373,000, and has 6000 employees across the district, the majority on the Waikato Hospital campus, which has completed a $500m rebuild. It is stated to be Hamilton’s largest employer.
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WAIKATO BUSINESS NEWS
new faces in business
October/November 2014
Garth Dibley WEL Networks One month into the job, WEL Networks new chief executive Garth Dibley sits down with Waikato Business News to talk about his previous experience and the appeal of the role, sharing his plans for the future of Waikato’s essential electricity infrastructure business. Garth calls himself an ‘industry man’: starting as a cadet with Electricity Corporation of New Zealand (ECNZ), he studied towards, and was awarded New Zealand Certificate in Engineering (Mechanical) and a Bachelor of Engineering (Mechanical) degree from the University of Canterbury. In addition to his engineering qualifications, Garth holds an MBA from Waikato University. Between 1999 and 2010, Garth held a number of engineering and management positions with Meridian Energy, and immediately before joining WEL Networks, he was general manager grid performance at Transpower NZ Ltd. Garth jokes that his career now spans all sectors of New Zealand’s electricity industry - from construction to generation, retail, national grid, and now - network. So, why WEL Networks? First, it feels like coming home. Garth started his career here, at Huntly Power Station, and gained his MBA at Waikato University. Second, Garth is excited about the economic growth and development in the Waikato region, with its ideal position between two major ports and a thriving dairy industry –all things he feels a network business can and should support. The challenge of new technologies and their potential to change the nature of the network business is highly attractive, and finally, WEL Networks is community-owned – something that is very important to Garth as a leader.
Hamilton’s largest law practice, Tompkins Wake, is about to further expand its professional services by merging with Rotorua’s oldest established law firm, Davys Burton. Garth has dedicated a substantial part of his career and experience to asset management, and in the next few months, he will be mainly focusing on solid development of investment and planning decisions aimed at achieving the best outcomes for WEL Networks and the community it serves. With a strategy session planned for the near future, Garth won’t be drawn too much on plans for, or impacts of new technologies such as electric cars, solar/small-scale generation, or energy-efficient appliances. However, he is confident that as technology presents both opportunities and challenges for the network business, WEL Networks will be committed to thorough consideration of what’s best for the company, its customers, and the region. Garth is also determined to ensure that his team continues to ‘walk the talk’ when it comes to safety and level of service, something he is really passionate about. His focus on health and safety in project design and field work is non-negotiable. Safe, efficient, and reliable service to WEL’s customers is something Garth has no intention of losing the sight of.
Helen Jarman After beginning her banking life in Taranaki, Helen Jarman moved to the National Bank in Cambridge and was there for five years.
She brings with her a wealth of practical experience and knowledge and has felt firsthand the pressures and challenges that business owners and managers experience. While in Tauranga Helen joined Rotary and now she belongs to Hamilton Central Rotary where she has become director of the Foundation Committee and is on the district committee for RYLA, a leadership arm of the strong community organisation. “RYLA takes 20 to 26-year-olds on a six-day leadership course at the Epworth camp on Lake Karapiro,” she said.
Talented people are a critical component of every professional service firm and we are very pleased to improve our resource to better service clients in all three markets.” staff in the Hamilton office of Tompkins Wake as a result of this merger. “By introducing a Rotorua client base we are able to deepen and strengthen the skill sets and experience we have available to better serve our total client base across three locations. “Our ongoing strategy of providing high level skills and experience close to where our clients live will also reduce the need for
Drake New Zealand is excited to welcome the new team to the Waikato. Drake is focused on developing the people, productivity and performance of our clients, and our new Hamilton team brings years of recruitment and HR experience to the region to do just that.
Then the bank offered her a position in Tauranga where she spent five years before moving on with her own customer services training business.
Helen has SME experience having coowned two medium-sized Plumbing & Gas Fitting businesses, one in South Taranaki, the other in Tauranga.
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he merger will take effect on November 1, and the new firm will trade in Rotorua under the name “Tompkins Wake Lawyers (Incorporating Davys Burton)”. Tompkins Wake CEO Richard Rowley says four new partners and 17 staff from Davys Burton will be welcomed into the firm and will continue to be based in their Rotorua office. “Following this merger our firm will now have more than 100 people, including 18 partners, spread across three offices in Hamilton, Auckland and Rotorua,” Richard says. “Talented people are a critical component of every professional service firm and we are very pleased to improve our resource to better service clients in all three markets.” Tompkins Wake’s history dates back to 1922. The firm is the largest legal practice in Hamilton and has opened an Auckland office in recent years. Richard says there will be no changes to current partners and
people in Waikato’s hinterland to seek Auckland-based services,” said Richard. Tompkins Wake remains committed to being a growth business. “We’re very excited about this merger and are looking forward to being a positive player in the Rotorua business and wider community,” he says. “Our Tompkins Wake team is nationally recognised for its expertise in agribusiness, local government, business strategies, commercial law, financing transactions, banking, protection of investments and dispute resolution. “We pride ourselves in recruiting top quality lawyers to deliver exceptional service and specialist legal expertise to all our clients. Thanks to this merger we look forward to improving on best practice and extending delivery of a full suite of legal specialisation to Rotorua.” Davys Burton senior partner Richard Pryce has also welcomed the merger as having significant benefits to its existing client base. “Our two firms are both well known in their respective areas and enjoy good reputations. Further, in the course of our discussions it has become apparent that we share the same values dedicated to providing the best possible legal service to all of our clients,” he said.
Drake New Zealand in Waikato
Dale Carnegie
The SBS in Hamilton tapped Helen on the shoulder two years later and back she came for a time before joining Dale Carnegie Training where she holds the position of Performance Consultant/ Trainer with the BOP Waikato team, of Michael and Andrea Shaw who have been delivering public programmes and customised corporate solutions to Waikato Businesses for 17 years.
City’s largest law firm merges with Rotorua’s oldest
Helen says that leaving the bank to join Dale Carnegie aligned with her value base. “Dale Carnegie Training is also a strong influencer,” she said. “With the core three-day course you see quick results and the changes in participants are incredible. It is an outstanding return for employers and rapidly improves organisational employee engagement.” “The Dale Carnegie youth course has been running in the BOP for several years and the Year 13 students say that the training is a huge help in transitioning to University or the Workforce.” Helen’s goal is to bring this programme to the Waikato. For more information on Dale Carnegie Training contact Helen. Mobile: 0274 069 511 Email: Helen_jarman@dalecarnegie.com
When talking about why the Waikato is such a great place to do business, Branch Supervisor, Charlotte Jones, said “Hamilton is booming at present with expansion happening in both business and new residential properties being built, and we are looking forward to playing a part in helping companies with this growth.”
Casey Halse
Jen Wilcock
Charlotte Jones
Tracy Tucker
She is also quick to add, “However, I can’t say enough about the people! There is such community feel within the Waikato and it is a pleasure doing business with likeminded individuals.” Drake Hamilton has four members in its team – Casey Halse, Jen Wilcock, Tracy Tucker and Charlotte Jones.
Charlotte is the Branch Supervisor, and brings over 6 years of experience recruiting in both New Zealand and the UK, in sectors from industrial to commercial, retail and education. Tracy Tucker and Jen Wilcock are the Consultants specialising in blue collar temporary recruitment, and have strong H&S backgrounds. Along with them, Casey Halse is the white collar temporary recruitment Consultant for the branch.
When asked what makes the Drake Hamilton team so dynamic, Jones said “We are all committed to helping our clients in the field of Talent Management, Profit Improvement, Permanent and Flexible staffing and Technology Solutions designed to improve your productivity and performance.” Drake New Zealand has 9 offices nationally, and specialise in permanent and flexible recruitment and HR services. We are available 24 hours a day, 7 days a week on 0800 840 940 or www.drakeintl.com
WAIKATO BUSINESS NEWS
October/November 2014
15
ICC Cricket World Cup comes to town The ICC Cricket World Cup 2015 arrived in Hamilton to be celebrated at a Waikato Chamber BA5. Our camera was on hand to capture some of the faces attending at Seddon Park, the city’s very well spruced up home of cricket.
1 - James Bannatyne FIFA U-20 World Cup, regional sales and marketing manager – Hamilton; Therese Walsh ICC Cricket World Cup and Chad Howe H3 2 - Hamilton Mayor Julie Hardaker and Nick Davidson, president NZ Football
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3 - Emma Wallace and Natalie Barrott, H3 with Sue Esselbrugge, business development executive 4 - Hamilton City deputy mayor, Gordon Chesterman with Chamber CEO William Durning 5 - Simon and Lornae Lowe, Aspen Manor Motel 6 - Simon Biss, Pacific Hygiene and Megan Macfie, Crewcare 3
7 - Daniel Shore, Chamber board and Ken Morris, Waipa District Council
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www.naiharcourts.co.nz
AUCTION
If you are thinking about buying or selling a business you need to talk to a specialist...
Scott Laurence Phone (07) 834 3512 mobile 027 473 5425 email scottl@abcbusiness.co.nz 13 Ruakiwi Road, Hamilton
STUNNING OWNER OCCUPIER OPPORTUNITY
AUCTION
HAMILTON CBD – Unit B, 26 Liverpool Street • Recently refurbished exterior to a high standard, providing a sleek and modern aspect to be proud of • Middle ground floor unit of 123sqm, incorporating reception, offices and open plan space, plus facilities • Tenancy includes two undercover car parks with more available in the area • Near neighbours include Red Cherry Cafe, AgFirst, Ferguson Lockwood Valuers and other professional offices This is likely to be an extremely cost effective opportunity, with genuine absentee owners looking to meet the market. AUCTION 11am, Wednesday 26th November 2014, NAI Harcourts Auction Room, Corner Forest Lake Road and Te Rapa Road, Hamilton. VIEW: www.naiharcourts.co.nz/HCM
www.businessesforsale.co.nz AFFILIATED BUSINESS CONSULTANTS LTD LIC REAA2008
Mike Neale M: 027 451 5133 E: mike.neale@naiharcourts.co.nz Kara Gerrand M: 021 527 211 E: kara.gerrand@naiharcourts.co.nz Cnr Te Rapa & Forest Lake Roads, Hamilton
Monarch Commercial Limited MREINZ Licensed Agent (REAA 2008)
WAIKATO BUSINESS NEWS
October/November 2014
The results are in. Thank you Waikato for once again making us Number One* To talk to your customers, talk to MediaWorks Radio
All people 25 - 54 70
65
57% 60
Station Share (%)
16
55
50
45
40
37.8%
35
30
25
MediaWorks Radio
NZME.
Source: *TNS New Zealand Commercial Radio Survey Waikato 2014, Station Share (%). Mon-Sun, 12mn-12mn, All 25-54
WAIKATO BUSINESS NEWS Publisher
Alan Neben Ph: (07) 838 1333 Mob: 021 733 536 Email: alan@wbn.co.nz Sales director Deidre Morris Ph: (07) 838 1333 Mob: 027 228 8442 Email: deidre@wbn.co.nz
Editor
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Electronic Forwarding Editorial: News releases/Photos/Letters: mike@wbn.co.nz Production: Copy/Proofs: production@wbn.co.nz Subscriptions: kim@wbn.co.nz Waikato Business Publications Ltd specialises in business publishing, advertising, design and print media services. Waikato Business News has a circulation of 11,000, distributed throughout the Waikato between Tuakau and Turangi, and to a subscription base.
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October/November 2014
17
Millennium Plastics takes Supreme Award Hamilton-based Millennium Plastics Ltd was awarded the overall Supreme Award at the 2014 Plastics Industry Biennial Design Awards held in early October for their contribution to the design and development of Waikato Milking Systems’ all-new Electronic Milk Meter.
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he company also took out Gold Awards in both the Primary Product and Conventional Injection Moulding Process Categories. Millennium Plastics general manager Tony Rutz said: “We are extremely honoured to receive these three awards. It is great validation for our staff, who are truly the very best in New Zealand. “At Millennium Plastics, we do things a bit differently. We’re not simply another plastics design and moulding company. “Our expertise lies in working side-by-side with our customers to ensure their original product ideas and designs capture the greatest value for their business and achieve the product benefits they promise their customers.” Waikato Milking Systems new electronic milk meter provides accurate real-time milking data, enabling dairy farmers to improve herd management decisions and long term profitability of their herds. Product design manager Jim Pharaoh said: “Our first concepts for our electronic milk meter were developed several years ago. “Several prototypes were trialled on farms resulting in a computer model which was submitted to Millennium Plastics for their critique and manufacture of the meter which was released to farmers in August
this year. “The modern milking shed is a very challenging environment to design for as you need to develop products to withstand contact with milk, heat, cleaning chemicals and moisture. “Over the years we’ve found that with careful material selection we can satisfy all those criteria while also injecting a high level of innovation and creativity into our product designs. “Simplicity is the cornerstone of Waikato Milking Systems’ design philosophy and the modern plastics technology Millennium Plastics
Jim Pharaoh, product design manager at Waikato Milking(left) and Tony Rutz, general manager Millennium Plastics(right) allows us to make very complex forms to create simple, effective products. The end result is that we supply products to our customers that are
both reliable and fit-for-purpose.” Millennium Plastics specialises in the design, development, and manufacture of
high-end plastic products. It works with clients in a range of industries, including dairy, animal health, electronics, medical and safety.
Gallagher goes Gold, Gold, Silver at Plastics Awards Gallagher, an international leader in the design and manufacture of security products, has announced three more honours following The New Zealand Plastics Industry 2014 Design Awards. At a gala dinner, held early this month, Gallagher was awarded prizes in three categories for its intelligent card and PIN access control device – The Gallagher T20 Terminal. Gallagher was awarded Gold for tool making, Gold for comoulded injection moulding, and Silver in the industrial product category. “We’re delighted at winning three accolades at this year’s
New Zealand Plastics Industry Design Awards” said Steve Bell, chief technology officer – security, at Gallagher. “The Gallagher T20 Terminal has a highly innovative design, utilising advanced over-moulding techniques to deliver a very robust, environmentally protected device, designed to complement both internal and external decor. “The T20 is a product we’re extremely proud of, and for our team, this recognition is well deserved,” said Steve. The New Zealand Plastics Industry Design Awards bring together companies from around the country who are involved in
the design, production, and marketing of plastics products. The awards showcase the best in innovative plastics design and manufacturing. Entries are judged not only on concept, design, commercial performance, and export potential, but increasingly on enhancing environmental sustainability through the product’s life-cycle. Gallagher’s security solutions are regularly recognised for quality and innovation in awards around the world. The Gallagher T20 Terminal was released to the global security market in July 2013. The Gallagher Group, internationally renowned for its Animal
Management and Fuel Systems divisions, entered the security market in the early 1990s. Leveraging its strength in research, design, and development, the privately owned and operated NZ company has grown to be a global technology leader in the development and manufacture of integrated security solutions. Gallagher’s security solutions are utilised in more than 100 countries around the world, and are employed in all major industries, including education, ports and airports, military and defence, critical infrastructure, mining, corrections, finance, entertainment, and healthcare.
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18
WAIKATO BUSINESS NEWS
October/November 2014
Waikato-Tainui College for Research and Development Te Puna Moanaroa Jamie Forsman Jamie is a young man who is destined for going places. Jamie is a recipient of the Postgraduate Diploma in Management Studies (Part One) Scholarship this year for the MBA Programme at the WaikatoTainui College for Research and Development. He is an environmental planner and spent six years in London before returning to New Zealand to take up a position with the Auckland Council’s Maaori Strategy and Relations Unit (Te Waka Angamua). Jamie’s role is as a senior advisor. With his skills Jamie was a sitter for taking an MBA course “This is a stepping stone for me and I am seeking to build upon my regulatory background and further develop my commercial acumen…importantly I want to explore how Maaori values can be integrated into commercial goals and objectives. “Unlocking the potential of Maaori-owned land remains a key focus for me,” said Jamie. “Realising this potential is often dependent upon navigating regulatory barriers establishing effective governance structures and implementing robust financial strategies,” he said. “By developing my knowledge and skills in these areas I aim to contribute to the delivery of post settlement outcomes,” he said. Jamie’s ancestral background is through the Tauranga Moana tribes – Ngaati Ranginui and Ngai Te Rangi. He sees a future in aligning with the financial power houses of Maaoridom – Tainui Group Holdings and Ngai Tahu. He aims to build his experience and capability before returning home to Tauranga Moana.
Waikato-Tainui College for Research and Development MBA participants Jamie Forsman and Te Puna Moanaroa
Special partnership a boost to Maaori business Waikato-Tainui partners with SODA Inc. to create employment opportunities and encourage Maaori entrepreneurship. SODA Inc. is working with the Waikato-Tainui College for Research and Development to deliver expertise and teaching into the MBA Programme. SODA’s expert advisors will be working with the students to help them understand the LEAN Startup philosophy and key concepts related to lean market validation, business model generation and pitching a business. The paper will culminate with a ‘Taniwha Den’ showcase. In August Waikato-Tainui signed a partnership agreement with SODA Inc. to foster Maaori business growth and acumen through scholarships and networking opportunities. SODA Inc. is Hamilton’s business incubator, helping pioneering entrepreneurs to start-up, succeed and grow their businesses. Rahui Papa, chairman of Waikato-Tainui’s tribal executive Te Arataura, says: “The partnership with SODA will give our tribal members access to business networks, relationships and programmes that will empower and support them to realise their economic aspirations. “Whakatupuranga 2050, the tribe’s strategic plan, has an aspi-
ration for our tribal members to become business leaders and this partnership is a stepping stone towards that goal.” Tribal members will be offered scholarships to learn about how start-ups work, including business model generation and pitching business ideas to potential investors and customers. There will also be internship events which aim to link up Waikato-Tainui graduates with potential employment opportunities. Business growth manager for SODA Inc. Vanessa Clark said the partnership emerged out of a successful pilot run earlier in the year where 10 tribal members with four projects took part in a nine-part workshop series that covered how start-ups work, design thinking, market validation, business modelling, marketing, finance, IP, governance and pitching. Incoming CEO Dr Claire McGowan says: “We are excited with the opportunity to build capability, knowledge and networks for Waikato-Tainui’s entrepreneurial tribal members.” Waikato-Tainui and SODA Inc. are currently working together to map the programme of events which will be communicated to tribal members later this month.
With 10 years teaching, most recently as deputy head principal at Te Wharekura o Manaia on the Coromandel Peninsula, Te Puna received the Postgraduate Diploma in Management Studies (Part One) Scholarship for the MBA programme with the Waikato-Tainui College for Research and Development at Hopuhopu. “I wanted to build on my leadership strengths and strategic thinking,” she said. “I saw this MBA course as an ideal step in the right direction for me as it is anchored in Kaupapa Maaori and Tikanga. “With one year almost finished I will have another oneand-a-half year to complete,” said a confident Te Puna. A great attraction to taking the course at the College was the fact that she could attend lectures and stay on campus from Thursday to Saturday, and then return home to family and her job back on the Coromandel. “When I move forward with my MBA I am keen to advance the revitalisation of the Maaori language of Hauraki. ”The study I am doing over the next year or so will assist me to develop a business plan for that strategy,” said Te Puna. She was also excited about the opportunity of the Soda Inc. model of a ‘Taniwha Den’ covered in the Integrative paper later this year. Te Puna’s ancestral line includes Ngaati Pukenga Ngaati Maru and Waikato.
Waikato MBA delivered at the Waikato-Tainui College for Research and Development Unlike other MBAs, the Waikato MBA delivered at the Waikato-Tainui College for Research and Development (the College), has been contextualised with an indigenous focus within a kaupapa Maaori environment. The College is now delivering to it’s 3rd intake of MBA participants. Delivered as a residential programme, participants are taught and can be accommodated at the College’s serene academic and research facilities at Hopuhopu,
Ngaaruawaahia – 20km north of Hamilton and nestled in the tranquil backdrop of the Waikato. With classes held on a fortnightly basis every Friday and Saturday, the rich cultural environment of the College provides a holistic atmosphere that complements the delivery style of the senior academic faculty teaching on the Waikato MBA programme. Part one of the programme provides the key skills to build participants knowledge in their role as managers, finishing with the Integrative Paper – a culmination of the year’s learning’s. While, Part two provides the space for participants to engage in the indigenous focused papers, namely Governance, Sustainability and Indigenous Business Development, Research Methods that draw on Kaupapa Maaori research methodology and International Indigenous Business.
For more information about the programme please make direct contact with Natalie Lulia. email: nataliel@waikatotainui.ac.nz phone: 07 824 5430 or visit their website www.waikatotainui.ac.nz
2014 gets better for Morph Hair M
WAIKATO BUSINESS NEWS
October/November 2014
orph is proud to be a national finalist in the Kitomba/NZARH business awards in the following categories: GRAND SALON OF THE YEAR; SUSTAINABLE SALON OF THE YEAR; EMPLOYER OF CHOICE 2014; MARKETING EXCELLENCE; BUSINESS STYLIST OF THE YEAR
World Skills NZ winner Morph Hair apprentice Jenny Eastwood has been crowned the 2014 World Skills Winner. One of the most gruelling and technically difficult competitions in the industry highlights the raw talent and dedication of Morph’s up-and-coming stylists. Jenny is now preparing to represent NZ at the World finals in Brazil in 2015. “A strong team culture, excellent online campaigns and an up-to-date social media presence along with our ongoing staff development has seen rapid growth in the last six months,” said managing director Dave Roger. “Much of this has been driven through referrals. “We are proud to announce that, for the second year in a row, two of our team, Denise Taylor and myself are finalists for the NZARH New Zealand Editorial Stylist of the Year,” he said. Imagery will be displayed after the awards ceremony on November 9. Apprentice of the Year “It is with absolute pride that we have a finalist for NZ apprentice of the year,” said Dave. “And Morph hair stylist Denise Taylor has been named as a finalist for the 2014 Patrick Cameron Photographic Competition.
Beautiful image and styling,” he said. “Jenny Eastwood is the current Midlands apprentice of the year and is only one step away from taking out the NZ title in November. “To top it off, Morph Hair has gone international. “After working with world renowned stylist Rodney
Cutler an invitation was extended to work on New York Fashion Week 2014 as part of the Cutler team. “I am so stoked to be part of such an iconic international fashion event and the opportunity to bring current high fashion hair looks back to Waikato to share with our team and clients,” said Dave.
Beauty World employing the latest in technology Beauty World is synonymous with beauty – it’s in the name after all. Yet the girls at this established Hamilton-based beauty therapy clinic know that beauty is more than skin deep. That’s why they employ the latest in technology, not only evidenced in their online booking site, fantastic website (www.beautyworld.co.nz) and the soon to arrive app, but also in the vast array of treatments they offer. New to the country, and taking the world by storm is the latest in brow innovations, the fantastic 3D brows. Gone are the days of drawing brows on every morning, simply let the girls at Beauty World redesign your look for you, leaving your brows to last for up to four weeks. Additionally, the introduction of the Dermal Pen has led to some amazing results, helping to reduce pigmentation, smooth lines and wrinkles plus rejuvenate complexions. This collagen induction system takes the standard facial and bumps it up a gear – an absolute must try. Yet Beauty World is more than just a place to carry out essential maintenance. Behind the double doors you’ll enter into a peaceful, calming environment where all your needs are met from top to toe (and everything in between). The experienced therapists resonate a sense of care and empathy, while efficiently meeting your expectations to the highest standard.
Experience the total package Facials Packages Waxing EyeLash Extensions Sun Tan Capsule Spray Tan
IPL Male Grooming Electrolysis Massages Anti ageing Facials Make-up
Nails Cosmetic Tattoo 3D Brows Collagen Induction system
Rejuvenate your body, mind and soul
Phone 07 853 9102 They understand how busy life can be so do all they can to make life easy – from three late nights a week, to opening on Saturdays, plus ample parking out the back, it’s those little things that go a long way. It was this sense of customer care that saw Beauty World become a finalist in the Top Shop awards, nominated for the Omnichanel category (which is basically the ability to combine fantastic customer service with easy to use technology, a blend we feel
Beauty World has certainly perfected). This is evidenced in the ability to purchase vouchers and products through its interactive online shop, which not only saves time, but certainly make life easier for its customers. Whether you’re in need of a pampering session, your standard maintenance requirements or simply want to try something new, why not contact Beauty World today? We can promise you won’t be disappointed.
Email info@beautyworld.co.nz | Web www.beautyworld.co.nz Birds Court, 4 Tennyson Road, 5X Roads, Hamilton
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WAIKATO BUSINESS NEWS
October/November 2014
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WAIKATO BUSINESS NEWS
October/November 2014
21
Jennian Homes – your chance to create something different One year on and they’re so glad they made the switch to own a thriving business based in Hamilton. By Mike Blake
A
fter 10 years in the coastal holiday town of Tairua, the Bennetts, school teacher Jo and builder husband, Dave and children Cooper (10) and Zhara (six) have taken over the North Waikato operation of Jennian Homes which has strong brand image and an excellent reputation. Before they had their first child Jo was teaching on the Hauraki Plains while Dave was on the tools on the Coromandel. “Before buying in Tairua we also spent 12 months in Pauanui, which entailed a trek to school over the Kopu hill each day. We went on to buy a house in Tairua, a great spot in a very close community, while Dave continued to manage a successful local building company,” said Jo. Black days were about to befall the hard-working Bennetts when only five years ago Jo underwent brain surgery. “Jo went through surgery with flying colours and her parents and the community looked after us. Jo returned to teaching after a period of recuperation,” said Dave. Then one day while trolling the businesses for sale on the internet they spotted Jennian Homes North Waikato for sale. “It was an opportunity not to be missed, the timing was right for us as the children were growing and we were looking at educational opportunities for them.” Dave brings more than 20 years of building and industry experience to the table, most recently as manager of Brownbuild Coromandel. He has worked on many architecturally designed homes and numerous renovations throughout the Coromandel. “We were very aware of the brand and the great reputation that had grown with Jennian over 30 years so we thought this could be our chance to work hard and create something special,” he said. “We took over on October 23 last year and had our first summer in Hamilton for some years,” said Jo. “It all began as a rush, it went quiet, then it got busy again and during that time we both learned a lot…Dave as managing director and me as sales and office manager. “We now have Tracy McEwen as a new home consultant working from our beautiful show home in Te Huia Drive. “We realised that Dave would have to ‘come off the tools’ to take up a sales role in the new venture so we both looked at what we would contribute. Both Jo and Dave are great at building strong bonds with their clients. Jennian Homes North Waikato is focused on delivering your dream home, by exceeding your expectations, building trust and supporting you every step of the way. “We believe honesty and good communications every step of the way helps us with clients,” said Dave. “They quickly realise we have their best interests at heart. “Together we go through our “Inspiration Book” then make site visits, checking neighbours, trees, everything needed to ensure the selected Jennian
style fits. A pen neatly attached to the spine of the almost 80 page ‘Inspiration Book’ allows clients to leaf through and make alterations on the many plans Jennian has to offer. “We make it personal,” said Dave. “Any home I have a hand in building I treat it as though it is my own. I take great pride in detail,” he Dave, as can be seen when paying a visit to the magnificent show home at 5 Te Huia Drive, Flagstaff. This four bedroom home, including master with ensuite and three bedrooms with family bathroom handily placed for children or guests, also has an office space which might make the fifth bedroom if necessary. There’s no doubt Jennian has drafted in the “WOW” factor for this superb show home, adding touches which show forethought. Like the specially panelled ceiling which utilises the roof space for storage directly above the garage area. A neat set of drop-down stairs is fitted into the ceiling. Another bonus is the garage door opening being just a little higher than the norm to allow for vehicles with roof racks. For the gardener there is a separate toilet which is simply accessed through the garage or directly from outside through the laundry. Now the kitchen. A large island is the central feature here, surrounded on three sides by working space. A butler’s pantry, with extra sink, gives premium storage. The design and interior décor has been done with style and the inclusion of paintings from a local artist Christina Melchoir adds a homely feel from the beginning of one’s visit. Just to step inside through the front door gives the visitor a taste of what’s to come. The indoor/outdoor flow through the central dining area which is open to the lounge or family space on the right is really neat. And to the left is a smaller lounge labelled the media room which can be opened to the main dining/lounge area creating a very large space for the family who loves entertaining. Each of these spaces opens to a covered terrace which in turn feeds onto the lawn. And all on one level. From the front door the master bedroom and office are off to the right while the family bedrooms are to the left. The Bennetts aim to take Jennian to the top of the ladder. And they say they are fully supported by the other Jennian Homes franchisees and the franchisors. Dave has brought on board a great team of contract
builders who add strength to the 30 years Jennian has been in business. Since 1980 Jennian has built more than 15,000 homes nationally and has completed every one – proof their completion promise is more than just a piece of paper. At the 2013 Registered Master Builder Awards Jennian picked up 47 awards, almost double that of its nearest competitor. Jennian Homes has a proud record in the annual awards, being able to claim the ‘most awarded’ tag throughout the history of the competition. “We have our own design team that works with your budget and building requirements topof-mind at all times,” said Dave. “Our pricing system is state-ofthe-art and has been developed specifically for our business…no hidden costs…everything in our detailed specification and building contract is listed. “Building consents are overseen by the Jennian project manager who has the knowledge and expertise to collate and submit accurate documentation which allows for greater efficiency.” Good relationships with council staff and familiarity with correct procedure ensure fast turnarounds. Dave says: “Jennian Homes has superior buying power because of its long-standing industry partnerships with New Zealand’s leading building suppliers and manufacturers. “This allows us to deliver high spec quality homes to match the client’s budget. And being one of the country’s largest building companies we enjoy most competitive rates from suppliers and subcontractors as well as prompt service,” he said. Jennian Homes North Waikato is a future proof builder, endorsed to build healthy homes that are better to live in today and will be worth more in the future. “Future-proofing helps decrease your monthly bills by reducing energy and water consumption,” said Dave. Jo and Dave’s promise to their clients and potential clients is that they care about building a home…not just a house. “By combining their personality and our expertise we can build a home that is perfectly suited to the client and their changing needs. “We believe that building a new home should be a very rewarding experience and we will be there every step of the way to ensure you end up with the home you have always dreamed of.” Visit Jo, Dave or Tracy at the mighty show home at 5 Te Huia Drive, Flagstaff, Hamilton 3210. It’s just off River Road after Woodridge. Check out the website: northwaikato@jennian.co.nz Call Dave 0272 109 353 or Jo on 0272 109 302
JUST AN IDEA of what Jennian can produce for you
WHAT A TEAM: (from left) Tracy McEwen with Dave and Jo Bennett in the media room of the Jennian show home
Come on over to our show home!
SHOW HOME OPEN 5 TE HUIA DRIVE, HAMILTON OPEN: WEEKDAYS 9AM - 5PM WEEKENDS 11AM - 4PM GET THE HOME YOU’VE ALWAYS WANTED No one knows your dreams better than you. At Jennian Homes, we work alongside you to craft your ideal way of living, based on what you want. By combining your personality with our expertise, Jennian can create a living space that reflects your identity, right down to the little details. Bring us your plans to build from, add your personal touches to one of our proven plans, or custom design your home from your ideas using our architectural designers - the choice is yours. You know how you want to live. We can make it happen. Call in and meet Jo and Dave Bennett to see how they can help you get the home you’ve always wanted.
SPACIOUS kitchen with all the latest appliances and just out of view, a butler’s pantry
Jennian Homes North Waikato T 07 855 6089 M 027 210 9353 E jo.bennett@jennian.co.nz 0800 JENNIAN
jennian.co.nz
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WAIKATO BUSINESS NEWS
from the ground up
October/November 2014
Whitianga Waterways a stunning development Whitianga Waterways is the Mercury Bay’s very own unique residential canal development, located along the Coromandels’ beautiful coastline and set just behind the bustling coastal township of Whitianga.
W
hitianga Waterways is a marinebased urban development extension of Whitianga, undertaken by Hopper Developments which commenced in 2001. The Waterways consists of stunning waterfront and non-waterfront residential sections, as well as offering aircraft enthusiasts sections on the edge of the Mercury Bay Airfield. The overall design of the development was created to capture a unique water-
front environment, enabling section owners to enjoy an exclusive waterfront lifestyle. Canal front lots are most spectacular as they allow for private jetty and boat ramp facilities, enabling owners to launch and berth boats right in front of their waterfront properties. The Waterways has the added amenity of a high quality marine environment, perfect for swimming and a wide range of water activities such as kayaking, stand up boarding and much more.
At this present time there are 385+ sections that have been constructed, and the
development is only 20 percent complete. To date limited waterfront sites have been cre-
ated with approximately 100 vessels permanently stationed on their owner’s jetties. The location of Whitianga adds to its popularity, with coastal attractions such as Hot Water Beach, Cathedral Cove and the Great Mercury Islands all within a short distance by car or boat. Section owners at Whitianga Waterways can set off by boat from their private jetties to pursue the productive diving, fishing and game fishing grounds found within and beyond the Mercury Bay. Managing director of Hopper Developments, Leigh Hopper believes: “A coastal development like Whitianga Waterways is every developer’s dream. “The design elements incorporated into the master plan are extensive and unique
to New Zealand. “Our company is determined to roll out Whitianga Waterways as a world class coastal development delivering unprecedented social amenity and lifestyle values.” The high standard of homes at Whitianga Waterways is a spectacle itself, many are designed with varying architecture and landscaping. “Often a variety of water toys are seen roped to jetties, adding to the character of this desirable neighbourhood,” said Leigh. Come and experience this exclusive waterfront experience. For more information call the friendly sales staff at Whitianga Waterways on 07 866 0164 or visit www.whitiangawaterways.co.nz.
from the ground up
WAIKATO BUSINESS NEWS
October/November 2014
Antanas Procuta 20 years providing unique design
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ntanas Procuta Architects has been providing unique, personalised architectural and urban design solutions in Waikato and around New Zealand for nearly 20 years. We focus on creative, innovative architecture designed to last, with a strong sustainability focus to all our work. We are Home Star and Green Star certified, and are regularly involved in pro bono community projects like The Fairfield Project proposed sustainable education facility, and the Embassy Park regeneration project. Our team’s experience ranges from commercial, education, and community buildings and fit-outs, to residential new builds, character home alterations, rural and coastal holiday homes, and restoration and
adaptation of heritage buildings like Cambridge Town Hall, Meteor Theatre, and Hamilton’s Cathedral of the Blessed Virgin Mary. We pride ourselves on our collaborative process - we are one part of a team that includes the client, specialist consultants, and contractors. Good listening, as well as clear and thorough dialogue throughout the design and construction process helps make a project enjoyable and successful for everyone. Our process differs from many architects and designers, in that we work with a quantity surveyor quite early on, once preliminary design is resolved. This allows us and the client to ensure the design is still in line with their budget expectations. It is easier - and cheaper - to make changes if necessary
at this early stage, than after construction drawings and tender prices come in (with potentially unpleasant cost surprises for the client). As registered architects we offer clients full architectural services from feasibility studies, design, construction drawings and documentation, and resource and building consent applications, to tendering and negotiation, and administering the building contract on your behalf. By staying involved during construction, we can monitor the quality of workmanship, ensure integrity of the design, and knowledgably assess payment and variation claims. Find out how we can help you – give us a call on 07 839 6521, and see more of our work at APArchitects.co.nz.
The Antanas Procuta Team ( L to R) Sonia Fursdon, Richard Mauriohooho, Jess Clarkin, Antanas Procuta, Geoff Lentz, Nirav Prakash, Stuart Rose
• Obligation free quotes • No job too big or small • We service the Waikato
Phone Neil 07 849 9092, 027 232 2451 Email neil.mclaren@alliedconcrete.co.nz www.alliedconcrete.co.nz
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WAIKATO BUSINESS NEWS
from the ground up
October/November 2014
Strong team does the job Residential builder doing at Te Rapa Placemakers things right in Waikato When you’re planning a bit of DIY around your home or even the office…Placemakers Te Rapa… is a great place to start. The people in the various areas, such as bathrooms, kitchens, general timber and hardware have the knowledge and willingly hand out friendly advice. In this issue we nailed down branch manager Jack Kimura and trade sales manager Vic Ankersmit for a small profile on each. Jack Kimura Educated in Otorohanga Jack was already pretty keen on the building industry and went to Wellington to take up a carpentry apprenticeship. He finished off his time with Fletcher Construction. Jack spent several years in Auckland before an opportunity in Huntly as Placemakers joint venture owner-operator came along. He took it and kept the position for more than 11 years before he sold to his son, John. Always on the lookout for a challenge, Jack saw an opportunity to become branch operator for TeRapa Placemakers. Vic Ankersmit Although his name is of Dutch extraction, Vic was born in Wellington and came to Hamilton when he was nine years old. He did his schooling in the city before joining the navy for a few years ‘to see the world’ as they say. Wellington lured him back and he started working in a timber yard. “I was doing deliveries and grading timber,” he said. “It was all good grounding for my future in the sector. He became timber manager at a wellnown yard in Paraparaumu before heading back to Waikato to take a job as timber manager with Benchmark, Te Awamutu for seven years. “I took on the position of account manager for Benchmark in Hamilton and 12 years ago joined Placemakers in an account manager role. “I moved from branches at Ellis Street, Clarence Street and now here I am at Placemakers, Te Rapa,” he said. Jack and Vic are keen to build up the DIY side of the business which is handsomely supported by the trade and commercial side at this stage.
Jack Kimura
Vic Ankersmit
Suppliers of frameS and truSSeS Number One Merchant Of Choice
PlaceMakers TE RAPA • Phone 07 850 0190 10 Te Kowhai Rd, Te Rapa • www.placemakers.co.nz
Classic Builders is one of the most popular residential building companies in Waikato. After 18 years of operation and more than 3000 homes built in New Zealand, it is no surprise that its high level of customer satisfaction was recently acknowledged. Independent industry researcher BRANZ confirmed Classic Builders was one to watch out for when it awarded the company as having New Zealand’s most satisfied customers last year. It begs the question: what are they doing right? Matthew Lagerberg and Peter Cooney, co-directors of Classic Builders say it’s their Classic Care programme that attracts and retains their clients to build repeatedly with them – up to four times. “Many people feel that once they receive the keys to their home, their building company forgets about them. But we don’t do that,” says Peter. “You aren’t going to get it perfect, and people are going to rate you on how good you are on going back to fix things up. “If someone moves into a brand new home and something’s not fixed, that’s how they rate you.” The BRANZ satisfaction survey found that almost 70 percent of new home-owners need to call their builders back about some issue after the house is finished. Being responsive to any problems
Matthew Lagerberg and Peter Cooney, co-directors of Classic Builders. makes good business sense. “There are 14-16 sub trades going into a new house and it’s not always our mistake. Many companies would say, “it’s not our mistake,” but at the end of the day if I had bought something and it wasn’t perfect, I wouldn’t be happy,” says Peter. It is this attitude that has helped build the Classic Builder brand and positive reputation to the level it is today. Since 2008 Classic Builders has constructed more than 300 houses in the Hamilton and Cambridge areas with prices ranging from $200k to $600k, and house and land packages from $450k to 600k. There have been a good mixture of house and land
packages and design and builds in Cambridge Park, Horsham Estate, Eton Estate and Rototuna with many life style blocks and farm houses built throughout the whole Waikato region. They also have a presence in Northland, Auckland, Bay of Plenty and Otago. Classic Builders can be recognised by their distinctive green and white branded signage on the greens of Cambridge Golf Course, whom they sponsor. Their main showhome is at 235 Te Rapa Road, Hamilton with a new open home at 3 Northbrook Glen, Eton Estate, Hamilton. Classic Builder’s Cambridge showhome is located at 19 Pengover Avenue, Cambridge Park.
from the ground up
WAIKATO BUSINESS NEWS
October/November 2014
Courageous award-winning landscape designer Kim enters business world It takes courage to launch oneself into business at 21 years of age. But that’s exactly what Cambridge landscape designer Kim Wood has done. By Mike Blake
H
er company, Kowhai Landscape Design won a silver award at the prestigious Waikato Home and Garden Show’s NZ Landscape Design Awards. So impressed were visitors to the show that they sent Kim right to the top as People’s Choice winner. When I chatted with Kim, I asked her where her passion came from. “I’ve always been very creative; I was always expected to pursue a career in fine arts. However, the idea of being stuck inside didn’t appeal and so I chose to study horticulture instead. “I learnt to appreciate gardens as an art form…a growing, living canvas…art that satisfies all of your senses. “Landscape design combines my love of plants and desire for creative expression. “Starting this business has been the most terrifying but greatest decision I’ve made. I literally threw myself in at the deep end, competing in the NZ Landscape Design Awards. But to succeed you have to take risks, it has defi-
nitely been worth it. Kim says all garden designs are different, each one with its own challenges. Properties may have very restricted space, steep slopes or water logged soil. Clients’ personalities and lifestyles also result in a huge variety of ideas. “I thrive on challenges, what clients often perceive as a nightmare I see as an opportunity to generate new and exciting ideas. “I think landscape designers have an important role to play in reconciling human needs with the natural environment and its systems. “In design I aim to incorporate sustainable concepts,” said Kim. “This may include using native and indigenous plants; flowering plants to provide a food source for pollinators; sustainable water use; using locally available materials and the implementation of organic and permaculture principles.” Every client has a specific budget to work with. Kim tailors her services to suit the client. Some clients may only need a consultation. This involves an on-site visit where
Kim discusses with the client issues and ideas, and what to do next. A detailed report is given to the client afterwards for them to follow. Most clients require some form of plan. This may include a concept plan, master plan, planting plan and property report. Kim works alongside experienced subcontractors and assists with project management during the implementation phase of the design. “I also offer a garden maintenance service for completed designs. “It is important for me to see the clients dream garden realised. I ensure plants are thriving and looking their best.” To contact Kim, email her at kowhailandscapedesign@ gmail.com, or phone 027 958 5897
This Waikato based landscape design company provides a range of landscaping services for residential, commercial and rural properties. At Kowhai Landscape design Kim will work with you to create an innovative outdoor space tailored to your specific needs. We were really impressed by Kim’s service. The solutions she came up with were practical, innovative, and most importantly, worked with the budget we gave her. Her enthusiasm, efficiency, and professionalism were second to none.” - Dr M. and Dr K. Ooi
“Kim’s advice was excellent, she always offered a view which was creative but not excessive. Not only is Kim a great designer she is also very willing to actively participate in the project. We cannot praise her enough. ” - E. and R. Wilson
SEE YOUR IDEAS COME TO LIFE...
Phone: 027 958 5897 Email: kowhailandscapedesign@gmail.com Web: www.kowhaidesign.squarespace.com
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WAIKATO BUSINESS NEWS
from the ground up
October/November 2014
‘We Are Waikato’ 2014 winners Property Council Waikato Branch’s highly successful ‘We Are Waikato’ Awards has announced its 2014 winners at a ceremony held at Wintec’s The Atrium.
T
he Branch congratulates the seven recipients of its annual awards for their outstanding contribution to Waikato’s urban landscape and local economy. The prestigious Hawkins Long Service award went to Rod Keucke who has 42 years of experience in the property industry.
Rod is well known for his involvement in pioneering subdivisions, raising the level of quality of Hamilton’s urban development including Harrowfield and Huntington. His expertise in urban design has seen him elected on Hamilton City Council’s Urban Design Panel. Rod’s efforts towards numer-
Mike Taylor (left) presents the Steven Alsemgeest Memorial Award - Young Achiever of the Year (sponsored by Arrow International) to Blair Currie, BCD Group.
ous Hamilton and Waikato district plan reviews, which have shaped the city and district over a 30 year period, were also celebrated. Waikato branch president Rob Dol says Rod’s extensive background has brought decades of service to the Waikato region’s built environment. “Rod’s broad relationships with other property professionals throughout Waikato has meant years of providing sound professional advice where required. This has made a profound difference in shaping our region and has somewhat raised the bar.” The night was a huge success with a record number of nearly 300 delegates in attendance for the fourth year running. Having doubled in size since the concept was first launched, Rob Dol says it is fantastic to see the local commercial property industry support the event by way of nominations, sponsorship and attendance. “It’s important the industry comes together to celebrate the high standard of people within it and what they achieve. “They all work extremely hard so this function is a good chance to reflect on their efforts. It makes the future exciting,” he said. Winners: Long Service Honour (sponsored by Hawkins): Rod Keucke Steven Alsemgeest Memorial Award - Young Achiever of the Year (sponsored by Arrow International): Blair Currie, BCD Group Property Industry Associate of the Year (sponsored by Greenstone Group): Jake Urlwin, BNZ
Keynote speaker at the Waikato Property Council Awards night, Rob Waddell, held his audience enthralled as the big screen at Wintec’s Atrium brought the Americas Cup sailing action right to the table.
Terry Buchan, Hawkins Construction, thanks Judges’ Award presenter Mark Ritchie, from sponsor Fletcher Construction, while Mayor Julie Hardaker listens to the construction competitors swap in house quips. Outstanding Leader (sponsored by Foster Construction): Graeme Ward, Wintec Campus Developments Best Team for a Waikato Project (sponsored by Staples Rodway):
Collaboration in Action
Livingstone Building for Home of Cycling Avantidrome Urban Design & Architectural Merit (sponsored by BNZ): Trig Developments for Rototuna Village
Judges’ Choice (sponsored by Construction): Construction for Hospital’s Meade Centre
Award Fletcher Hawkins Waikato Clinical
“A Human-centric Co
In October 2014 the Wintec Engineering and Trades facility welcomed the final student groups to complete a multi disciplinary learning cohort. This facility is located at the heart of the Rotokauri Campus and leads the way for change in training and learning; both nationally and internationally. The new 5000m2 total learning environment accommodates staff and students across the fields of Construction, Plumbing, Electrical, Automotive and Mechanical Engineering along with Diploma and Certificate level study in the areas of Electrical, Civil, and Mechanical Engineering, Architectural Technology, Quantity Surveying, and Industrial Monitoring and Control. Reflective of real world practice, collaboration is a key driver behind the new learning environment. The design of the facility has been informed by a collaborative, project based, real world learning philosophy to create vibrant, flexible, and contemporary spaces for students and staff. Chow:Hill, Wintec, and the wider design team have viewed collaboration as a critical component of the design process, essential to ensuring successful project outcomes. Chow:Hill alongside Greenstone Group are proud to have been associated with Wintec in delivering this innovative and inspiring new learning facility.
child focus
WAIKATO BUSINESS NEWS
October/November 2014
27
Family Matters is a new kind of in-home childcare coming to you Based in the heart of Waikato since 2010, Family Matters is ready to spread its wings.
I
n groups of no more than four children, often of mixed ages, it’s a “home away from home” where children can learn from each other alongside a Family Matters educator. “In home childcare represents more of a family atmosphere with both big and little people. The big people teach the little people important lessons that are absolutely priceless,” says educator Rosie Vandy. Family Matters coordinator Michelle Boddie says that the curriculum which can be tailored to each child is a natural extension of what would happening at home. Taking advantage of the great weather recently has seen them outside every day, learning about sun and water safety, hon-
ing their gross motor skills on home-made obstacle courses, or digging in the vegetable garden. Rosie, a qualified teacher, has been teaching in-home childcare in her Waikato home for close to six years now and really enjoys the close relationships she has formed with the children along with the in depth learning the children are experiencing. “I am able to follow the individual interests of the children in my care. We have the time and space to research and investigate topics that arise. “ The system clearly works. Parents have commented on how well their child has been coming along. Counting, grouping and simple elements of Te Reo Maori are good things to have under your belt
when you start school. Family Matters provide support of educators through home visits with a qualified teacher, play groups three times a week along with a range of child friendly classes and activities. Within Rosie’s home environment children experience, painting, play dough, science experiments, water play, baking, craft and caring for their very own vegetable garden along with many other activities and experiences. “We started with water play the other day which led to ice play, then they wanted to see what happens when we freeze sea shells which then led them to learning all about floating and sinking. Children will always learn best in an environment where we as educators can encourage and extend their interests.” said Rosie. Family Matters takes a different but highly successful
Providing children with quality early education
approach to the in-home model and its passionate educators to ensure that your children get
the best possible start. For more information contact Michelle Boddie on 027 4504531, or
0508 FAMMAT (0508 326 628) visit www.familymatters.co.nz or check us out on facebook.
Quality Homebased Childcare because your Family Matters • Qualified educators • Flexible hours – licensed 6am- 10pm • 20 ECE free hours • Variety of community groups and activities
• Transition to school programme • Servicing Hamilton, Cambridge, Te Awamutu, Huntly and Ngaruawahia
Talk to the Team today: 07 855 1332 sarah@familymatters.co.nz www.familymatters.co.nz
Because your family matters Enabling learning for life by valuing learning at home
Parents help!
n Mentio rt e v d a this a to get E E R F N LESSO
The Waikato Kindergarten Association has a long successful history in providing children with high quality early education in preparation for school. Their 29 Kindergartens Waikato and five Early Education Waikato centres
continue to maintain their excellence. The five Early Education Waikato centres operate from 7.30am – 5.30pm, offering early education and care from three months through to 6 years of age. I was lucky enough to
visit the baby room at Early Education Waikato Te Rapa (Vickery Street) recently. The teachers and children had just been for a walk around their local community, and ventured to Bunnings to purchase plants for their Continued on page 30
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WAIKATO BUSINESS NEWS
child focus
October/November 2014
C’mon and be a Buddy Carer… play your part to keep kids safe Buddy Day is just around the corner, on November 14. Buddy Day is a fun event you can participate in to help deliver a very important message – ‘It’s up to all of us to keep kids safe.’
Y
our business can play a significant role in the success of delivering this message by leveraging your influence with mainstream New Zealanders to help tackle the issue of child abuse. Buddy Day is honoured to be supported by many visionary businesses who show their commitment to keeping children safe by participating in the day. One of the event sponsors, Hamilton-based firm Convex Plastics, shares the reasons it chooses to participate in the event, and encourages other businesses to get involved with Buddy Day. “Because it makes sense” Child abuse in New Zealand is closer than we think. Consider that one in four New Zealanders - around one million people - are currently living with the immediate and long term effects of childhood trauma. These effects impact the whole community - our neighbourhoods, our schools, our everyday ‘environments’. For Owen Embling, direc-
tor of Convex Plastics, Buddy Day was an eye-opener to the reality of child abuse in our community, and how he could personally make a difference to the wellbeing of kids. “Child abuse is very prevalent here in Waikato – it’s not a strictly South Auckland problem. It is here where my children and nieces and nephews go to school; where we work, where we play. “It is also not just black eyes and bruises. Abuse comes in all forms – all very damaging,” he said. The long term effects of childhood abuse and neglect also filter into the workplace, including productivity issues, difficulty getting or keeping jobs, and even an increased incidence of workplace accidents. Business simply can’t succeed in a society that fails. The good news is that child abuse is not ‘too big an issue to deal with’ – it can be stopped. It’s up to all of us to keep kids safe, and business plays an important part in driving this message.
“Participating in Buddy Day is easy for companies to do. Building happy healthy communities is the responsibility of all of us. It takes a village to raise a child,” said Owen. “It doesn’t cost anything” Buddy Day is a true community participation event – it is free to participate, as the focus is on raising awareness of child abuse not fundraising. As a Buddy ‘carer’ you attend a special breakfast event on the morning of Friday, November 14 where you pick up your Buddy, and take him or her with you for the day... to your meetings, appointments, lunch etc (your normal routine). This opens up conversations about the wellbeing of our children and what Buddy Day is all about. For Owen, one of the great things about participating in Buddy Day is that it isn’t about contributing financially. “Taking part in Buddy Day is so much easier than writing a cheque,” he explains. “It’s been a tough couple of years for businesses, and when you’re in business you are repeatedly approached for money. That’s not what Child Matters wanted from us. “All they wanted was some help and for businesses to start creating dialogue with their employees and their colleagues around child abuse
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Child Matters CEO Anthea Simcock with Buddies and the role it plays in our community.” Owen and his team take simple and effective actions to spread this important message throughout the workplace and further into the community. “We talk about the abysmal child abuse statistics in this country, and discuss what we can do in our workplace, homes and communities. “We go to lunch as a team on Buddy Day, and talk to passers-by and restaurant patrons about our Buddies and their message. “We include our Buddy in meetings with senior executives and get them to sign Buddy’s diary to acknowledge the dialogue.” Owen strongly believes that leading conversations about the role we all have in keeping children safe has much more impact on changing society’s attitudes than any money can buy. “If you believe in a cause, and have the ability to make an impact, then you can make a powerful difference.” The involvement of businesses in Buddy Day provides a number of benefits, including allowing you to demonstrate social conscience, support your local community, and make a difference in lives of children and families. Buddy Day is a fun event with a serious message – it’s up to all of us to keep kids safe.
The event is also well received in business as a staff engagement tool, and many of the Buddy Day sponsor organisations incorporate their own Buddy Day activities into their workplace wellbeing programmes. This year at Convex Plastics, staff will band together to create 26 Buddies of their own, all of whom will be the centre of a number of fun and engaging activities designed to spread the Buddy Day message. These activities include taking their Buddies out for their annual staff lunch on Buddy Day, and holding companywide competitions judged by a ‘celebrity guest’. Convex Plastics employs around 125 staff, all of whom have families and lives outside of the workplace. Although Convex Plastics prides itself on a staff culture of openness and caring for each other, the staff participation in Buddy Day has opened the gate of communication between staff even more, and helped build rapport and spark conversations about the wellbeing of children outside of the workplace. For the staff that are directly involved with the ‘Buddy Day Committee,’ the event provides a fun way of sharing an important message that relates to their own lives. Owen’s tips for other businesses who want to get
involved in Buddy Day: Find out more about Buddy Day. If you really believe in something and want to make an impact on your company you will. • Use the information available from Child Matters to start conversations about the wellbeing of kids • Utilise those staff that are keen and even the doubters will follow eventually. • Getting involved in your community as a business leader shows your colleagues your human side and creates a good excuse to come together regularly REGISTER YOUR BUSINESS TO BE PART OF BUDDY DAY 2014 It’s up to all of us to keep kids safe...what can you do? Be a part of Buddy Day 2014 and help share this important message. There are many ways you can participate: Register as a Buddy ‘Carer’ to adopt a Buddy on November 14. Go to www.buddyday.org. nz to register online Get your team involved in the day through our Buddies at work programme Join the conversation about Buddy Day on our Facebook page Become a Buddy Day Sponsor Follow us on Twitter and Instagram - #BuddyDayNZ
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education equals opportunity
WAIKATO BUSINESS NEWS
October/November 2014
29
Enlightening work for recent grads U
niversity of Waikato graduates Simon Campbell and Declan ter Veer-Burke are relishing the challenges of working as software developers for Hamilton company Enlighten Designs. Study background Simon, a former Te Awamutu College student, completed a Bachelor of Engineering (Honours) in Software Engineering while Declan, a former Fairfield College student, studied a Bachelor of Computing and Mathematical Sciences (Honours) majoring in Computer Science. Software development “My main duty as a developer is to deliver new software or add existing functionality to software for clients. My typical day involves taking specifications provided by a business analyst and building the software. This may involve making decisions about user-experience, writing tests, discussing how the solution may fit into the bigger picture and actually programming the solution,” says Simon. “I have been privileged to work on some projects for LIC, delivering solutions that help farmers and the dairy industry. It’s amazing when you can understand how the software you’re building benefits people.” Solving problems Declan is enjoying turning customers’ ideas into working software. “I work with my team to decode our customers’ needs, and write code to solve their problems. One of my favourite
recent projects has been a piece of human resources software. “What made it exciting was that we used some cool new technologies and ways of programming, which helped us to build a great product for the customer, easily and quickly. It’s exciting to imagine where the technology will take us in the future,” says Declan. Practical projects and work placements Simon says that the practical projects and summer work placements as part of the Bachelor of Engineering (Honours) put him in the ideal position to find a job when graduating. During the degree I learned a lot about formal terminology and computer science concepts which allows me to communicate with other developers and understand technical concepts quickly. “Also the work placements I had at Cisco and Datacom meant I got the chance to see what I did and didn’t enjoy in industry, which helped me to find my career direction,” says Simon.Declan also made
Left to right, Declan ter Veer-Burke and Simon Campbell the most of the practical projects available during study. “I completed a directed study computer science paper
which provided useful experience in learning the vital lesson of how to work with a client to understand their goals
and then develop software to fit their requirements. “As the project was a team effort, I also had the
opportunity to see how other developers code and to work cooperatively with them,” says Declan.
Creative NZ gives nod to writers in residence Waikato University’s writer in residence programme has just secured funding for 2016 and 2017, thanks to Creative New Zealand’s Toi Uru Kahikatea (Arts Development) Investment Programme. Total funding of $52,000 was awarded, which will go towards the programme for 2016 and 2017. Associate Professor in English Sarah Shieff says that
this is terrific news for the future of Waikato’s writers’ in residence. “It means that Creative New Zealand has real faith in what the residency delivers, and in our ability to support writing at the highest level.” More than $27 million over three years has been offered to 40 arts organisations throughout the country in Creative New Zealand’s latest round of investment funding.
Each year the University of Waikato invites applications for the position of Writer in Residence, for 12 months, from 1 January to 31 December. The position is open to poets, novelists, short story writers, dramatists, and writers of serious non-fiction. The appointment will be made on the basis of a record of publications of high quality. A standout feature of the
residency position is the use of the Michael King house, says Associate Professor Shieff. “Writers in residence are invited to use the King house in Opoutere for up to two weeks, at no cost to them. It’s a haven for writers, and we want to do all we can to make their time productive and happy.” Poet and literary historian Dr John Newton is the writer in residence for 2014 and is working on
two books while he is here. One a book of poems, the other he says will be a fresh take on New Zealand writing in the mid-20th century. The Writer is expected to live in Hamilton during the tenure of the award. There are no teaching or lecturing duties attached to the award, the sole purpose of which is to give the Writer the freedom to write.
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WAIKATO BUSINESS NEWS
education equals opportunity
October/November 2014
Waikato Kindergartens – providing High quality early education From page 27 outdoor environment. To be able to experience such an adventure together brought much joy to these little people’s faces. They all then took such pride in planting their purchased flowers. Regular outtings and trips are just someof the experiences that make being part of the association so much fun while learning. There are little extras that might go unnoticed to some. It is these specialist programmes which showcase why the association is the leader in the early education field. The use of Storypark online portfolio system, means teachers and families can share learning through
stories, photos and even videos. It’s like their own secure Facebook which families can
use to interact with teachers and vice versa. What’s better than being at work or at home when you
get an email notification saying there is a new video of your child at kindergarten? The association partners
with Enviroschools and the Waikato Regional Council to encourage gardening, recycling, composting, respect and conserving nature’s resources. The association also exclusively works with Sport Waikato Under5 Energize team to enhance nutrition and physical education in their programme. All 29 Kindergartens Waikato and five Early Education Waikato centres operate with teachers who are truly passionate about extending children’s learning, which is evident in how smoothly the programme and structure of the day runs. The stability of staff really shows in the way children develop and learn, knowing they have consistent familiar teachers. The association under-
Enrich+ plans free business day From page 1 that employers put up many barriers. A recent focus group conducted at Enrich+ included a range of employers, some who had and others who had not employed a disabled person. “It clearly showed that those who has personal or workplace contact with a disabled person didn’t hold the same barriers,” said Wendy. “Connecting either in life
or through the workplace had a significant impact on their positive attitude towards employment.” Employment Executive leader – at Enrich+, Martyn Parkes said: “We realised therefore that enabling employers to better ‘experience’ disability through an event would leave them ‘thinking differently’ about employing a disabled person”. We want the employers
attending to feel comfortable, and have the opportunity to talk to other employers who already have people with a disability in their workplace. “We will highlight the negative statistics around employment rates for people with a disability and talk about some of the barriers that are presented”. “Then by hearing some real success stories from disabled people and employers we hope
they will begin ‘to discover opportunities not disabilities’ and realise what fantastic advice and support is available to them”. “Finally we will ask them to go away with a different perspective on how much a disabled person could offer to their workplace,” said Martyn. “We want them to lead by example and be strong advocates for change.” This is a free business
event, and is being held at the Brooklyn Room at the Claudelands Event Centre between 3.30pm and 6.30pm on Thursday, November 26. To find out more information and to register for the event, visit the website – justoneday.org.nz. Enrich+ won the Social Enterprise Award and then picked up the supreme overall winner in the Waipa Networks Business Awards 2014.
stands that families’ needs are more complex so they have made changes. Kindergartens Waikato still operates morning and afternoon sessions; but longer hours are available to suit your lifestyle. It is nice to know with these changes, that there hasn’t been any comprimises with the quality of learning . The large purpose-built environments have spacious outdoor and indoor areas providing physical and problem solving challenges. It is all about real Kiwi kids – real grass, sandpits, vegetable gardens, water, swings, huts and so much more. The associaton offers a preparation for school programme encouraging children to be lifelong learners who will have the skills to successfully move into the school system. The association is serious about education and as a non-for-profit organisation it is reinvesting money back into children’s learning and employing the very best teachers. Keep a lookout for the Waikato Kindergarten Association Kiwi and lime green and your childs early education will be filled with fun and learning ready for school. Enrolment inquiries: www.kindergarten.org.nz 0800 CHILDREN (244 537)
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education equals opportunity
WAIKATO BUSINESS NEWS
Make leadership your second expertise Regardless of whether nursing, planning, administration, human resources or science is your first area expertise, it’s time to make leadership your second.
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inda Hutchings has been teaching leadership for the past 20 years and she strongly believes we need to change the way we engage with leadership. The Industrial Revolution saw the rise of what Linda calls the One Brain Managing Many Hands Model. Whether it was the whole organisation or the teams within an organisation, this approach was generally to select the ‘smartest’ person to oversee the team or organisation. The view back then being that employees generally
couldn’t be trusted to do the job well and required constant supervision. Employees were not required to think, but just do what they were told or else! With the rise of the Information Age there was a growing recognition that some staff actually had brains. Responding to this, the next approach that emerged was what Linda terms the One Brain Managing Many Brains Model. This still led to the smartest person, in theory (or, in some cases the most ambitious or most manipulative) becoming the boss and pri-
mary decision maker. This was followed by the ‘empowerment age’, where a shift in language from managing to leading came into vogue. At this point the model moved from One Brain Managing Many Brains to One Brain Leading Many Brains, recognising that staff had brains and that through ‘consultation’ management could access and listen to those brains - if they chose to. However, those brains frequently saw through the pseudo-listening of consultation and quickly became disengaged when their smarts weren’t utilised. This model still reflected the underlying belief that one person was smarter or better that the rest. Linda believes we are now entering the time where we need to shift rapidly to a
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British crime writer Michael Gilbert used his 50 minute daily train commute into London to write 23 spy and courtroom thrillers. Anthony Trollope worked as a mail clerk. He got up at 5am each day so he could write for three hours before starting his day job sorting letters. French ambassador Henri D’Aguesseau was often kept waiting ten minutes before his wife was suitably dressed for dinner. He used those ten minute snatches to write three philosophy books. “These people prove that if someone REALLY wants to write, they will find the time,” says Brian Morris, principal of New Zealand Institute of Business Studies. Students of the Institute have demonstrated the usefulness of having a writing mentor and coach. Karen Phillips won the Katherine Mansfield Short Story competition. Vanda Symon has written five best-seller crime thrillers, published by Penguin. She places her crime scenes in Otago and Southland. “It’s usually a case of what is the writer prepared to give up, such as watching TV, so they can use that time to write,” says Brian. The popularity of ebooks means any author can put their works on Amazon, or print a dozen copies for family and friends using Smashwords. The report ‘How long does it take to write a short ebook’ #1019 is available for Waikato Business News readers. Call 0800-801994 and ask. It’s free. Information for proofreaders and sports reporters and children’s story writers is also available. Brian Morris 09,5366182. brianmorris@nzibs.co.nz Brian Morris, principal www. nzibs.co.nz
model where Many Brains Are Leading. With the degree of specialisation and the volume of knowledge all our staff have, we need to move to a style of leadership where we genuinely recognise and draw on everyone’s smarts and see everyone as leaders. Linda argues that the overused “there’s no i in team” cliché needs to be replaced with an acceptance that there is ‘both an i and a we’, and everyone in an organisation, whether they are the receptionist or the CEO, is engaged in leadership. To thrive in this new world, leadership needs to become everyone’s second area of expertise. This new approach requires: • a clear definition of leadership that everyone in an organisation can articulate and be inspired by • the use of a wide range of strategies to develop and recognise leadership at all levels • everyone to engage in the hard conversations that challenge old thinking and behaviours If you want to learn more, Linda facilitates a range of leadership workshops and seminars that teach how to unleash, engage and inspire all those valuable brains around you. For more information go to www.lindahutchings.com or phone Linda on 0274 520966.
October/November 2014
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WAIKATO BUSINESS NEWS
October/November 2014
Farmers’ Market on the move P
EGGS GALORE…Trevor Turvey the Eggcellent egg man from Ngaruawahia is looking forward to a slightly shorter trip to the market when the move is made to Te Rapa Racecourse.
opular Hamilton Farmers’ Market will be at Te Rapa racecourse from Sunday, Nov 2. With an ever growing number of stallholders, customers and vehicles the Hamilton Farmers’ Market had been feeling the pinch at their beloved tree bordered spot on River Road. Couple the necessity to have a larger venue with the fact that the Market’s tenure with Hamilton City Council expires this summer, management has been actively searching for a new venue from which to operate.The decision to move was a big one for the Waikato Farmers’ Markets Trust who looked at dozens of spaces around Hamilton City, including schools, central and not so central to car parks, city green spaces and others before finally settling for the very best option available….the Te Rapa Racecourse.
VOLARE bread stand in full swing with Krysta Scott up front and with the cap, Benjamin Patterson laying out some tasty treats.
ONE OF THE HAPPIEST people at the Farmers Market – Cliff Fyers with a multitude of veges. Hamiltonian Cliff’s been growing vegetables for years under the banner Cliffs Garden Centre, following on from his father who began the trend in 1959. The markets were set up so local growers and food makers could sell direct to local shoppers, enabling small farming to become
sustainable and providing a fresh quality choice for consumers. When you shop at our farmers’ markets you’re supporting
Waikato businesses and food entrepreneurs, keeping your dollar in local circulation while getting fresher, tastier food.
WONDERFUL fresh asparagus every week during the season from Stuart Boone and Irene Cummings.
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workplace safety
WAIKATO BUSINESS NEWS
October/November 2014
33
Do you know the causes of incidents Management and HR and accidents? Health and safety are the buzz words around town at the moment with new legislation coming into force in 2015.
B
efore the new legislation kicking off though, it’s timely to take a look at a valuable aspect of safety management - near misses, incidents and accidents and their causes. Time spent viewing your practices now can save you considerable effort, expense and potential harm down the track. Incidents, accidents or near miss occurrences in the workplace are very rarely the result of one single cause and in the vast majority turn out to be much more complex than first expected. They generally occur whenever there are significant oversights, errors, deficiencies, omissions or when there are unexpected changes. Risks are everywhere and it’s impossible to live in a zero harm environment, but let’s take a closer look at what we can do to become more aware of risks. Near miss occurrences are defined as ‘events or sequence of events that did not result in an injury but which under slightly different conditions, could have done so'. The difference between a near miss and an accident is typically is a few millimetres, a split second of simply just pure luck. Accident /incident investigation should be based on the logic that every incident has causation factors and by eliminating these factors, allows for the elimination of future incidents. It is important to remember that any investigation which
is undertaken should never be used as a mechanism to apportion blame. It is all too easy to look for someone to blame without considering the reasons why the person behaved in a particular way. A thorough investigation is far more likely to reveal, both the direct and indirect causes of an incident which in essence is delving into the accident or incident to reveal the root cause. Valuable information and understanding can be gained from carrying out thorough investigations which determines the root cause, including an understanding of how and why the problems arose and the ways people are exposed to substances or situations which can cause them harm. It also provides a snapshot of what is really happening, such as why people are taking shortcuts or ignoring safety practices. The main factor of all investigations is the potential of the incident or accident to cause harm rather than the actual harm resulting. For example, a slip can result in an embarrassing failing of arms or, just as easily a broken leg. The frequency of the occurrence of the accident type is also important – a stream of minor cuts from paper needs to be investigated. The amount of time and effort spent on the investigation should vary depending on the level of risk at play (severity of potential harm and fre-
quency of occurrence). Use of an internationally recognised Investigation Matrix which considers the likelihood of recurrence and the potentially worst injury consequences of the accident/incident will assist with determining whether the investigation is pitched as low, medium or high level. At the low level, a short investigation by the immediate line manager into the circumstance and immediate underlying and root causes of the accident/ incident is undertaken to try a prevent recurrence and to learn any general lessons. Whereas a high level investigation will involve a team-
> by rhonda riki riki
Health and Safety Specialist, Everest Group Limited, Waikato Human Resource Specialists. www.everestgroup.co.nz based approach (line manager, health and safety person and employee representative) carried out under the supervision of the senior management who will look for the immediate, underlying and root causes. The four basic steps for conducting an investigation are to: First, collect the facts of what has occurred; Secondly, assemble and analyse the information obtained; The third step is to compare
the information collected with legal requirements and acceptable industry and company standards to draw conclusions; and Finally, implement the findings and monitor progress. The five key questions which should be addressed in investigations are What? When? Where? Who? and How? When an incident occurs in the workplace, whether it’s a near miss occurrence, a minor
accident, serious accident, chronic ill-health or damage to property each and every event is an opportunity to find out what’s really going on in your business and needs to be properly and thoroughly investigated. Take time to really understand how harm is occurring in your business and you’ll be well prepared to address the changing face of health and safety.
Adventure activities registration extension WorkSafe New Zealand’s decision to grant a short extension to the deadline requiring adventure activity operators to be registered under the Adventure Activities Regulations is pragmatic, says Chris Roberts, chief cxecutive, Tourism Industry Association New Zealand. The government regulator announced an extension to the November 1 deadline to enable around 192 operators to complete the final stages of their safety audit. Those operators will now have until December 1 to be audited and December 12 to be registered. Operators granted the extension must already be well advanced in the audit process and WorkSafe NZ must be satisfied they have no safety concerns. “This is a sensible move by WorkSafe NZ.
The extension means adventure activities operators already well through the audit process won’t be penalised and should have time to finalise their registration without interrupting their business,” says Mr Roberts. About half of the businesses currently going through
the audit process are tourism operators. “Adventure tourism safety is a priority area for TIA and we will continue working with WorkSafe and operators to strengthen safety across the sector. “We want all tourism opera-
tors to be offering visitors a safe and enjoyable experience – and having the right systems and processes in place is part of their obligation. “TIA will continue to assist its members and other tourism operators to complete the audit requirements.”
NZ’s Internet trends are faster In 2014, New Zealanders used 53 percent more Internet data than they did last year, according to Statistics New Zealand. At a massive 53,000 terabytes, our data use is soaring to new heights. “The amount of data used was equivalent to streaming more than 12 million high-definition super-hero movies,” international and business performance statistics manager Jason Attewell said. “Additionally, almost half of all broadband connections have
data caps of 50 gigabytes or more. Three years ago, only four percent had data caps this large.” Not only are we consuming more data, we are getting it much faster. “Fibre is synonymous with faster Internet. While copper connections still dominate the broadband market, fibre has jumped to 46,000 connections – three times what it was last year,” said Jason. While the above figures do not include Internet connections from mobile phones or the
data they consume, these alone rose 16 percent to 3.7 million. “That’s a connected mobile phone for every four4 out of five Kiwis. Due to the large number of devices, apps, and networks available, more people have access to a wider range of goods and services through the Internet while on the go,” said Jason. These figures come from the 2014 annual Internet Service Provider Survey, a supply side collection that covers all Internet service providers in New Zealand.
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WAIKATO BUSINESS NEWS
workplace safety
October/November 2014
iDenticom improving lone worker safety
Pre-employment health assessments important for safety in the workplace When recruiting, getting the most suitable person for the job is what employers want.
S
uitability for the position means that the candidate is fit for work and that they are not likely to endanger themselves or others. Assessing suitability is ensuring that the person has the physical capacity to perform the duties of the role, and that the tasks undertaken are not going to cause harm to the person or others in the workplace. Pre-employment health assessments also enable a recording of baseline health information; particularly important when the job requires that the person is exposed to hazards such as noise or dust. Pre-employment assessments can include a variety of tests which vary for each company.
The testing performed is role and task specific. It is important that each health assessment is structured to suit the employee’s work activities within the company. WOHC is available to advise your company on appropriate pre-employment health procedures. Drug and alcohol testing is also now a standard part of the preemployment health assessment. Exit assessments are done before an employee leaves the company, and this is a way of verifying that the person’s health has not been adversely affected by their employment. This protects the employer, and reassures the employee that their health has not been compromised during their employment.
To ensure your workers are safe they have to be healthy and well Services we provide to keep employees safe and well • Annual Health Monitoring (Includes hearing, vision, lung function) • Pre-employment Health Screening • Workplace Drug Testing (Instant and Laboratory) • First Aid Training (NZQA accredited) • Workplace Assessments & Injury Prevention • Wellness Programmes • Immunisation (Influenza & Hepatitis) • Noise Surveys
11 Pukete Road, Te Rapa | PO Box 12637 Chartwell | Hamilton | 3248 P: 07 849 7587 | F: 07 849 4384 | E: admin1@wohc.co.nz www.wohc.co.nz
Employers are facing mounting pressure to manage the safety of staff who work alone or in isolation in potentially risky situations.
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Denticom safety card is a leading lone worker solution now available in New Zealand that provides lone workers with an immediate and appropriate response when they need it and employers with valuable tools to reduce costs, improve training, and engage workers in their own safety. The iDdenticom safety card is a mobile communications device deliberately designed as an identity card holder which makes it easy to wear and when combined with 24/7 monitoring enables lone workers to discretely summon assistance should they feel their safety could potentially be compromised or if they are suffering verbal abuse or attack. ACC’s definition of a lone worker is ‘a worker whose activities involve a large percentage of their working time operating in situations without the benefit of interaction with other workers or without supervision or collegial interaction’. Most people immediately think of lone workers as people working in far-flung places, often in physically difficult conditions. In reality geographical isolation represents only a small percentage of lone working situations. The most common situations that need to be managed by employers are those in which workers are exposed to ‘social risk’
- the potential for personal attacks, threats, bullying, and obstruction from other people during the course of their work. There are also a significant number of lone workers who are exposed to ‘environmental risk’ which arises because of the location they are working in combined with an activity (threat of man-down through working at height, with electricity or chemicals etc.) Between 2008-2012 New Zealand had an annual average of 102 workplace deaths. In 2013 there were 378 serious non-fatal injuries and 178,117 workplace injury ACC entitlement claims. Each year about 9600 workplace incidents are notified to the Department of Labour – about 1200 result in compliance or enforcement action. iDenticom safety card is a world leading technology that offers cost-effective, user-friendly and reliable back-up to lone workers and is contributing significantly to creating safer workplaces and helping employers meet their legal and moral duty of care. For further information please view our website www.waikatosecurity.co.nz or please contact our iDenticom business development manager, Allen McLeod at allen@waikatosecurity.co.nz or by phone 027 667 7844.
workplace safety
WAIKATO BUSINESS NEWS
October/November 2014
35
Dismissal resulting from conduct during a disciplinary investigation A recent Court of Appeal case has settled an interesting legal issue on how to deal with employees who lie to defend themselves during disciplinary investigations.
H
istorically, trying to add new allegations to existing allegations already under investigation risks an employee raising a personal grievance due to procedural unfairness. The case of George v Auckland Council [2014] NZCA 209 started in late 2009 when Ms George, an accountant and team leader with Auckland City Council (later the Auckland Council) recruited a casual staff member, allegedly without the necessary approvals required under the council’s recruitment policy. At the time, the council was in the transitional phase before the Auckland Council being established. During the investigation into these allegations, the council became concerned that Ms George’s statements appeared to conflict with statements made by other council staff. Specifically, Ms George defended the allegations that she had breached the recruitment policy by stating that the HR manager had told her that approval was not required. Midway through the inves-
tigation, the council decided to widen the allegations from the original issue relating to breach of the recruitment policy to include the alleged untruthfulness of Ms George’s statements. Two further meetings were held where Ms George had the opportunity to address both the recruitment policy breach and the alleged untruthfulness of her statements. Ironically, the original allegations were established and found to be misconduct whilst the consequential allegations of lying in relation to the original allegations were found to be serious misconduct, which resulted in her dismissal. In the Employment Court, Ms George argued that the new allegations required either a new investigation once the first investigation had concluded or a separate investigation running parallel to the original. Both the Employment Court and the Court of Appeal rejected that submission on the basis that as long as the disciplinary process was fair, then there was no reason why the new allegations which arose over the course of the inves-
tigation could not be investigated along with the original allegations. Both Courts rejected the principle from an earlier Employment Court case, Macadam v Port Nelson Ltd (No 1) [1993] 1 ERNZ 279, where the Court held that an employee who is called to answer allegations of a particular type of conduct cannot be dismissed if, during an investigation, evidence emerges showing the employee guilty of a different kind of conduct. The ‘different kind of conduct’ would require a separate set of disciplinary proceedings before making a decision to dismiss. In the case of George, Judge Inglis held that provided the minimum standards of a fair disciplinary process were met in relation to the new allegations, there was no need to embark on a new process or initiate a parallel process and that such a requirement would lead to unnecessary complexity, delay and inefficiency. At minimum, a fair disciplinary process requires an employer to: • Adequately particularise the concerns the employer has; • I nform an employee of potential outcomes/consequences; • I nform the employee of their right to bring a representative/support person to
Employment Law Focus >
by ERIN BURKE
Associate with Norris Ward McKinnon and specialises in Employment law and Occupational Health & Safety. Email: erin.burke@nwm.co.nz / www.nwm.co.nz disciplinary meetings; • Provide sufficient information and a reasonable time to respond; and • G ive adequate consideration to an employee’s explanations. Employers need to be care-
ful not to confuse dishonesty and untruthfulness with differing versions of the same event due solely to imperfect recall. However, Judge Inglis concluded that Ms George’s …discrepancies… went well beyond the vagar-
ies of the human mind… and the employer was free to conclude that Ms George’s lack of honesty and integrity, particularly in a senior employee with responsibility for financial management, justified the employee’s dismissal.
Hospice appoints life members The Hospice Waikato board appointed two new life members at its annual general meeting in October. Chairman Alistair Calder paid tribute to the significant input to Hospice Waikato by its two newest life members; Murray Day and John Coles. Murray has been an integral part of the Team of Excellence which was tasked with raising the $8 million required to build the Gallagher Family Hospice on Cobham Drive. His considerable experience in fund raising projects along with his local knowledge as to where to seek funding was invaluable over the four year period 20072011. Murray and his wife Ann were also generous contributors to the project, which Hospice Waikato
New Hospice life members Murray Day and John Coles has since recognised with the naming of its conference roomthe Murray and Ann Day room. Also appointed to life membership was John Coles. John joined Hospice Waikato in 1996 and was a highly valued trustee through to 2011. He is a wonderful ambassador for hospice and has been hugely instrumental in raising the profile of Hospice Waikato in the
Waikato and Cambridge region, including the establishment of the very successful Cambridge Hospice Shop. John has also been an active fundraiser for hospice participating in the Hamilton to Whangamata Bikeride raising several thousand dollars through this single event. Murray and John join fellow life member Pippa Mahood.
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WAIKATO BUSINESS NEWS
October/November 2014
Gearing up your business for growth New Zealand’s economy is in the middle of an expansionary cycle being underpinned by strong reconstruction activities in Christchurch, with businesses of all sizes taking a critical look at their activities and considering the short, medium and long-term strategic direction of their businesses.
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rom conversations with our clients, growth activities such as mergers and acquisitions (M&A) and expansionary projects, areas typically put on hold or shelved during a recessionary environment, are now back on the table. Executive management teams and business owners have been looking both inward and outward, at their growth paths and business drivers into the future. While the appetite for growth has returned, opportunities seem limited therefore, responding to opportunities in a timely fashion, is critical. Are management teams geared up and ready for growth? Anecdotally, our sense from discussions with our clients and the market in general, is that management teams are largely stretched. They have been kept lean during the recessionary environment following the GFC and are not yet able to cope with increasing demands that growth projects and M&A brings to a business. During significant change management projects or M&A activity, the management and finance teams become overextended and usually don’t have
Advisory and deals
>By Wayne Tainui
Wayne Tainui is an Advisory Partner at PwC Hamilton and is our Maaori sector expert • Email: wayne.n.tainui@nz.pwc.com sufficient resource to cope with one-off project demands on top of business as usual tasks. In our experience, strategic change management projects and M&A place incredible pressure on executive and management teams, which is often underestimated. Boards of directors and executive leadership teams need to ask themselves, “are we geared up for growth?” Project management is critical During strategic change management projects and M&A activity, there are often many components to an overall project and delivery by each party at the right time is often vital to the overall success and timely completion of the project. With many balls in the air at once, the success or failure of a venture is influenced by having a dedicated project manager driving appropriate project management and scoping plans in place, with the right people, in the right place, at the right time. Just like an orchestra needs a conductor, businesses need dedicated project managers to run successful projects. The requirement for special-
ist skills does come at a cost and often may have to be outsourced which you will need to weigh up and balance against your timeframe and benefit to your organisation. Solutions to explore Possible solutions to consider include: • Growing the management team; • Use external consultants or contractors; or • Some growth in the management team, combined with some increased use of external consultants. Growing the management team appears the obvious solution as it provides businesses with capacity to grow their skillbase and depth. Salary cost may also be seen to be lower than the alternative of using external consultants and contractors, however, there are certain risks associated with growing the team. It can pull businesses away from focusing on core competencies and business as usual activities meaning the delivery of day to day business activities is hindered and often compro-
mised. It can also increase the fixed overhead structure of a business for the medium to longterm. You will have to consider how long you will need this increased capacity and what you will do with the people after the project is finished. Having people with the right level of skills and experience is crucial and an increase in headcount may not be productive in the longer term. People with the appropriate skill sets are often the most in demand and may not be readily available in the marketplace. With potential for growth, strategic projects and M&A, there is need for directors and executive leadership teams to ask themselves - “does my management team have capacity to cope with strategic change projects and M&A?” A sensible solution may be to outsource key roles related to specific projects to external consultants. Having a balance between internal headcount growth and increased outsourcing for specialist projects could be the best approach.
ESOMAR Global Prices Study 2014 shows market research cost stability
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ESOMAR recently presented the 10th edition of its Global Prices Study: the only global analysis of market research prices. The Global Prices Study, run every two years, provides insights into the price of research around the world and benchmarks regions, countries, and types of research projects. For both suppliers and buyers of market research, the Global Prices Study is a unique guide to help with the planning and purchasing of market research. Global Prices Study 2014 confirms that there is a large degree of stability, both in terms of research prices and most expensive countries in which to do research. For example, nine of the top 12 most expensive countries were in the top 12 in 2010 and 2012, and the only mode that shows clear signs of cost increase over the last few years is CATI. The USA, Switzerland, France,
the UK and Germany are the five most expensive countries for purchasing market research. Japan, ranked fourth and fifth in 2012 and 2010 respectively, has now moved to 12th place, becoming relatively less expensive. This may be because market research has moved heavily into online (45 percent of all research spend), delivering lower costs for online, but possibly contributing to higher cost for other modes. ESOMAR director general Finn Raben comments: ‘‘Over the past six years, the three iterations of the Global Prices Study have coincided with interesting macroeconomic developments. This has offered us a unique insight into our profession’s pricing. ‘‘For example, the 2010 report illustrated the reductions in market research prices necessitated by the global economic crisis of 2009; the 2012 report showed that many countries were still struggling to find economic sta-
bility from which to (re)start their growth aspirations; and this year’s report reflects moderate stability in terms of pricing – however, the demand for cost-efficient methodologies does not appear to have waned,” Raben added. Some of the other key findings of the report include: • Online is about 70 percent the cost of CATI while CATI is about 80 percent the cost of face-to-face, when all three are on offer • Face-to-face in-home is cheaper than face-to-face at central locations in about 70 percent of cases • The cost savings for online focus groups compared with face-to-face groups are much less than the savings offered by online surveys compared with face-to-face surveys • Online research tends to be cheaper from agencies that offer both CATI and online options, compared with agencies that only offer online
• The key markets, i.e. the largest markets in terms of research spend: USA, UK, Germany, France and Japan, tend to cost about twice as much as the global median • The gap between the most expensive and least expensive countries is huge. On average, the most expensive country in the study will cost nearly nine times as much as the least expensive country. • The less expensive countries are located in a wide range of regions, including Asia (India, Pakistan and Bangladesh), Europe (Ukraine, Serbia, Romania, Croatia and Bulgaria), and Latin America (El Salvador, Nicaragua, Panama and Honduras). • The study also investigated what agencies understood by the term ‘Nationally Representative’ and the results show that the term is interpreted in many different ways by different agencies.
Waikato Branch – Upcoming events/courses The Institute of Directors in New Zealand (IoD) promotes excellence in corporate governance, represents directors’ interests and facilitates their professional development through education and training.
30 October
Lunch function with guest speaker Peter Williams, TVNZ 12.00pm, Bronze Lounge, Waikato Stadium
19 November
Introduction to Advisory Boards Workshop & Being an effective Advisory Board Member 9.30am - 1.00pm & 2.00 - 4.30pm, Gallagher Lounge, Waikato Stadium
19 November
Lunch function with guest speaker John Whitehead 12.00pm, Radio Sport Lounge, Waikato Stadium
Waikato branch is kindly sponsored by:
To register, please contact: Megan Beveridge, Branch Manager Waikato.branch@iod.org.nz, 021 358772 or www.iod.org.nz
WAIKATO BUSINESS NEWS
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October/November 2014
Works for me
From Trevor Harris Buildings maintenance manager, University of Waikato The Halls of Residence at the University of Waikato are home to more than 1000 students during the course of each academic year. The original residence, College Hall, dates back to the 1960s when it provided accommodation for trainee teachers attending Teachers’ Training College before the university was fully established. This year marks the university’s 50th anniversary. A major upgrade to the four blocks which make up College
Hall was needed and Foster Construction was contracted to carry out the structural work. Two of the key requirements for the upgrade were to establish student common rooms on each floor and to let more light into the central areas of the buildings. The original contract for works began in January 2012 with all four stages of the project recently completed. The administration, dining and kitchen areas, as well as exterior landscaping, were finished in
time for the 2014 student intake. The latest work was carried out between the end of 2013 and the start of the 2014 academic year; several million dollars’ worth of fitout, landscaping and services infrastructure was completed in this period. The primary reason for the landscaping was to bring additional natural light into lower level bedrooms as the site has staggered levels and large retaining walls adjacent to lower level bedrooms. Foster Construction engaged a local excavation crew to move thousands of cubic metres of earth to create the more welcoming open spaces. Structural steel bridges with
Peasant economy looms From page 1 Our focus must now be on owning and controlling the results of our brilliance beyond our small corner of the world and making money from our intellectual property in the lucrative Asian, European and North American markets. The solution seems simple then – except that Kiwi businesses are swimming against a tide of naivety and unhelpful Government policies. In the recent past, when international prices were low for the primary product commodities our economy so relies on, successive governments talked up the need for a knowledge economy. However, as soon as better commodity prices returned, policy makers returned to what they knew – farming. We kid ourselves that all is well and that New Zealand’s economy will always do OK because of our ability to produce quality agricultural and horticultural goods cost efficiently – not to mention charging a premium because we’re apparently 100 percent pure. However, if you have tried vine-ripened Chilean kiwifruit, you would be starting to feel a bit nervous. And an all out sphincter-clenching fear should set in when you hear of New Zealanders assisting South Americans to convert high altitude tropical land into super productive, low cost, megadairy farms. These can carry 50,000 cows on pasture that grows all year round producing three times the grass of a lush Waikato paddock. Serious competition is on its way and we’re one major biosecurity screw-up away from becoming a struggling peasant
economy. And there are other alarming signs for the New Zealand economy. Despite our economic growth in recent years, our global ranking for GDP per capita (indicative of our standard of living) is declining with alarming speed. In 1900 New Zealand was ranked number one for GDP per capita. As late as 1973, New Zealand was still in the top 10. But in 2005 we had fallen to 27th, and by 2011 we were hovering at 32nd. By the end of 2013 we had plummeted to 46th – that’s almost a 20 place drop in our GDP per capita global ranking in less than 10 years. If we continue to eschew an innovative knowledge-led economy and pin our aspirations on producing cheap protein, we will keep spiralling down the GDP per capita rankings and our standard of living will gurgle down the plug hole with it. But it doesn’t have to be this way. According to Global Innovation Index rankings New Zealand is ranked 17th in the world for innovativeness, but 90th in terms of innovation efficiency. In other words, despite a lack of nurturing, our traditional can-do innovativeness hasn’t deserted us. It’s just that in general, we’re desperately bad at building profitable new businesses out of good ideas, then taking them to the world market and making some serious money. If we want a prosperous future, we have to turn this around. Government policy could help a lot to drive a shift to a
more innovation-driven economy. New Zealand has one of the lowest rates of R&D spending in the OECD. Unlike most developed countries, New Zealand businesses receive no tax incentives for innovating. Compare this with our nearest neighbour Australia, where there is 50 percent tax deductibility on R&D expenditure. Our government also offers no assistance to local companies to own the IP rights they create in order to improve our ‘innovation efficiency’ and facilitate far greater economic benefits from Kiwi ingenuity. However, many of the countries we compete against do. China, for instance, offers local companies 50 –100 percent funding of their international IP ownership costs through Government, regional and local grants. English companies only have to pay 10 percent tax on profits derived from patented products and technologies. Government encouragement of IP ownership is common overseas. It is seen as a good thing for a reason – because encouraging innovation, supporting clever ideas and businesses, and ensuring New Zealanders own and control their money-making ideas could transform the New Zealand economy. The end result would be economic diversification and security; stronger, healthier New Zealand businesses; more jobs, more money and a higher standard of living. It’s a mystery to me why every politician in the country isn’t trumpeting it – or perhaps Intellectual Property is just a bit tricky to grasp?
decorative concrete surfaces, link the high level landscaping with the first floor of each accommodation block. The shared facilities have been upgraded with the dining hall and the commercial kitchen receiving a new roof, new services, seismic strengthening and a full architectural fitout. The renovations have made a huge difference to the quality of the accommodation we offer our students. The Babbage, Opus, GDC and Foster Construction teams have done a great job working together to bring these older buildings up to the standards we need to offer our students, many of whom are away from home for the first time.
IP Matters >
by ben cain
Ben Cain is an Associate at James & Wells Intellectual Property and a LEADR accredited mediator. Email: benc@jaws.co.nz | www.jaws.co.nz
Delay means Purina 0, Whiskas 1 The American aphorist Mason Cooley once said “procrastination makes easy things hard, hard things harder”. So Nestlé discovered recently when it unsuccessfully applied for an interim injunction against Mars. Nestlé’s complaint centred on the meaning of the statement “HIGHEST level of PROTEIN*” on the WHISKAS® Dry Range cat food packets which was accompanied by the qualifying text box “*highest level of protein in New Zealand based on the average of the WHISKAS® dry range, compared with the average of leading dry cat food ranges sold by competitors in supermarkets, excluding OPTIMUM®”. Nestlé claimed that the packaging represented to the public that each product in the WHISKAS® Dry Range marked with the protein claim has the highest level of protein compared with competing products, and this constituted conduct which was misleading and/or deceptive and/or false, and therefore in breach of the Fair Trading Act 1986. As well as applying for summary judgment (which was also (unsurprisingly) unsuccessful), Nestlé applied for an interim injunction, pending determination of the proceeding. The injunction sought would require Mars to “take all such steps that are necessary to prevent the production of any further packaging, or packaged products” containing the protein claim or any similar representation, and would restrain Mars from making the protein claim, or similar representation, in any form. Nestlé’s application would have succeeded if it had established: • there was a serious question to be tried; and the balance of convenience favoured an injunction being granted; and • an injunction would best serve the interests of overall justice and the particular
circumstances of the case. The Court was in no doubt there was a serious question to be tried. The real issues were where the balance of convenience lay and what would best serve the overall interests of justice. It was on these two factors that Nestlé’s application failed. More specifically, Nestlé’s application failed because of its own procrastination. The protein claim had been on WHISKAS® packaging since 2010. There was an exchange of emails between Nestlé and Mars between November 2011 and March 2012, but Nestlé took no further steps until a solicitor’s letter in May 2014. Nestlé then applied to the Court for urgent interim relief, but did not refer to the earlier exchanges, or explain its delay. For that reason, the Court found Nestlé’s submission that the status quo should preserve the position as existed before Mars made the protein claim – ie more than four years ago – was “not a strong one”. The case is a useful reminder to owners of IP rights who on discovering unlawful activity they want to try and stop immediately they need act without undue delay. A court will usually accept some delay, perhaps months, in applying for an interim injunction, depending of course on the reason(s) for that delay. However, as this case clearly (and rightly, in my humble opinion) shows a court will not readily accept years of delay - especially if there is no evidence of any consumers actually being misled or deceived (which you would expect there to be in this case given the time that had elapsed since Mars first used its protein claim). In my view, the bottom line is this: if the infringement of your rights or breach of the Fair Trading Act is serious enough, then don’t delay – act.
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