August/Sept 2012 Inhouse

Waikato builders create a splash in Rotorua – Pgs 36,37

INHOUSE

Activity approved by the Registrar

August / September 2012

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

Don’t despair, there is a way to recover your money – Pgs 16,17

The official magazine of Certified Builders Association of New Zealand Inc

– Pgs 18-21

Apprentice Challenge rocks! Zac Wilkinson scales heights for

top honours!

Conference 2012 review – Pgs 10-13

In easy steps you can have youR own 4-page website

Contents

Hawke’s Bay Builders back Jessica’s fight Pg 4

Association news pg 5

Message from the Chief Executive pg 7

From the Desk at Operations pg 8

Around the regions: Western Bay of Plenty pg 9

Review of CBANZ annual conference pg 10-13

Don’t despair, there is a way to recover your money – Geoff Hardy pg 16,17

IRD takes hardline on Depreciation – PWC pg 22,23

Guarantees and Insurances pg 28,29

Leaky Buildings: What are they and why get involved?

– Department of Building and Housing pg 30,31

6th CBANZ Helpline pg 33

Hunting & Fishing giveaway pg 34

Waikato builders make a splash pg 36,37

Making the most of the sun pg 38,39

Every bloke needs a man cave pg 40,41

Q&A: The law at work – E2Law pg 44

New mobile app launched – IRD pg 47

Message

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

See Pg 18,19 for Zac’s story

For more on the Challenge see Pgs 20,21.

ON THE COVER

Contact CBANZ®

Farming House 102 - 104 Spring Street

PO Box 13405, Tauranga Central, Tauranga 3141 Telephone 07 927 7720 Freephone 0800 CERTIFIED

Facsimile 07 927 7721Email [email protected] Web www.certified.co.nz

Wellington 2012 – what a great success our

14th Annual Conference was and such a

brilliant venue. Kudos to all the hardworking

team at National Support Office who

organised it. We have had nothing but

positive feedback from our members and

industry partners. Our conferences just get

better and better. Make sure that Blenheim

2013 is on your calendar. I really enjoyed

catching up with many of you as well as

the Apprentice Challenge finalists. Meeting

that group of talented and confident young

guys definitely gives you the feeling that

the future of our industry is in good hands.

With things showing signs of picking up now

might be a good time to consider taking on

an apprentice. Remember back in the day

somebody gave you a chance.

I’d like to see us build on this positivity as CBANZ

leads the way out of these sorry times. With a

committed and enthusiastic group of Presidents

and regional committees we have the resources

to achieve great things. Support these guys and

enjoy the networking and other opportunities

that result from their hard work. As a perfect

example of this I’d like to acknowledge the

efforts of Warwick Leigh-James and the Waikato

boys for organising such a successful presence at

Fieldays. Great work team!

Jason McClintock’s Roadshows are attracting

reasonable numbers which shows that our

members and others are definitely realising

the importance of being informed on current

industry issues. We will be constantly looking

at further ways of keeping you up-to-date

with industry developments and helping you

improve your businesses and gain an edge in

the market.

On a final note, the Labour Department is

starting to visit residential sites to check out

compliance around safe working at heights.

Don’t be caught out.

Dave Brown

Chairman

Certified Builders Association of New Zealand

from the Chairman

inhouse August-September 2012 3

4 inhouse August-September 2012

EIT carpentry tutors and local builders

have put their muscle into helping a

“very brave” Napier youngster battling

an aggressive form of leukaemia.

Six year-old Jessica Hermansen has

been in Auckland’s Starship Hospital

since being diagnosed with acute

myeloid leukaemia. Her mother, Joanna

Monteith, and father, Lorne Hermansen,

have given up their jobs to be with their

daughter as she undergoes aggressive

chemotherapy.

The treatment will mean that when the

family, including Jessica’s four-year-old

brother Lucas, return to Hawke’s Bay,

quite possibly next month, Jessica’s

immune system will be at a low ebb.

Keen to show their support in a practical

way, the Hawke’s Bay region of Certified

Builders Association stepped in with

an offer to boost the insulation in the

family’s Maraenui home. On Friday June

22, builders and tutors gave their time

to reline walls with Batts and restore

rooms by installing new Gib, architraves,

skirtings and scotia.

“We wanted to help Jessica make a good

recovery by creating an environment

that will be as healthy and warm as

possible,” says Lans Hasselman, Hawke’s

Bay president of Certified Builders.

The project attracted “a fantastic

response” from members and associate

members happy to lend a hand. The

20 or so volunteers included seven EIT

carpentry tutors.

While nothing is certain, grandparents

Brian Monteith and Margie Griffiths say

Jessica is heading in the right direction in

fighting the cancer.

Brian says she has now regained her

appetite and, with her immunity

bouncing back, she will be able to join

her family staying in Auckland’s Ronald

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

Margie says, “but the progress the

medical world has made in treating the

disease has been phenomenal over the

last 10 years. Jessica has been a very

brave little girl, showing amazing courage

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

The medical team originally sought a bone

marrow transplant for Jessica but couldn’t

find a match in Europe so have instead

used stem cells from an umbilicus put into

frozen storage in Alaska 10 years ago.

Hawke’s Bay’s Certified Builders has

previously supported the community with

other projects undertaken for Cranford

Hospice, the New Zealand Fire Service,

Weka Point Scout Camp at Rissington and

Cystic Fibrosis Association of NZ.

Jessica’s family acknowledge the

following for donating time and goods:

Hawke’s Bay Power Consumers Trust – for

underfloor and ceiling insulation.

Mitre 10 Mega – special thanks to

Derek Parke for arranging building

supplies from their suppliers (gib board,

insulation, timber etc) and his time.

Derek was also instrumental in bringing

Certified Builders on board.

Certified Builders and president Lans

Hasselman for massive input of labour.

Helen Whittaker – special thanks for

interior decorating and donation of

curtains and lining. Helen brought

on board the following tradespeople

who also donated time and goods: Tile

Warehouse – tiles, Jackson Flooring –

carpet and underlay, Les Walsh – carpet

layer, Premier Curtains – manufacture of

drapes, tracks supplied and installation,

Window Treatments – blinds, Paul Mayo

– for Gib stopping and plastering. Also

special mention to Trevor and Chris Liley

for their support and time,

Builders back little battler’s cancer fight

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

AROUND THE REGIONS Hawke’s Bay

newsassociation

Building and Construction Minister Maurice

Williamson has announced the appointment of

Richard Merrifield to the Building Practitioners

Board.

“Mr Merrifield will bring a wealth of industry

experience coupled with his knowledge and

governance skills from a significant number

of industry related board and working group

appointments,” Mr Williamson says.

Licensed building practitioners are accountable to the

independent Building Practitioners Board. The board

investigates and hears complaints, and can discipline

LBPs. The board also approves the rules and can hear

appeals against decisions of the LBP registrar.

Mr Merrifield has had a strong involvement with the

Certified Builders Association of New Zealand (CBANZ)

having been a board member, Chair and past Chair.

He has also held governance roles with the Building

Research Association of New Zealand (BRANZ).”

Appointment to Building Practitioners Board


Former Certified Builders Association Chairman Richard Merrifield.

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

This year the survey takes on a new look

with the Department of Building and

Housing coming on board. The beginning

of the survey asks questions about your

Licensing activities, this section is open to

all Gold Card holders.

The survey then engages Platinum

Card holders; it asks about business

activities such as charge out rates, pay

rates, mileage costs and build rates. The

Association has added several questions

such as costs involved for any members

removing themselves from leaky building

litigations.

Platinum members who wish to take part

will get emailed the results. Those who

do not take part can request results at

a later date when a fee of $45 will be

charged.

The survey will be open until August 10.

Platinum members who take part in the

survey will be eligible to go into the

prize draw.

This year’s prize (pictured) has been

kindly supplied by the Department of

Building and Housing:

Parabeam® is designed to automatically

sound an alert whenever a person or

vehicle passes through its precise infrared

detection beam.

This beam may be installed to monitor

driveways, entranceways, open ground,

storage areas or construction sites.

The maximum beam width is 40m. The

maximum wireless operating range

between the Beam-set and Base Receiver

is 800m

This kit includes:

1 700-FSK Two-zone Receiver

1 700-FSK Beam-set

2 Solar Panels

2 Rechargeable Batteries

1 12V AC Adaptor for Base

Receiver

Mounting Brackets for Beam-set

and solar panels

CBANZ/DBH national charge out, LBP survey


Message from the

Chief Executive

Warm, waterproof & windproof

Feeling a bit freezing on site?

Certified Builders has a great deal going with outdoor vests

for a great price. Only limited stock so get in quick!

• Warm shepherd fleece lining

• Waterproof and Windproof

• Two front pockets

• Inner middle pocket

• Two inner pockets

(one is for a cellphone)

• Foldaway hood which

can be tucked away

or left out.

The vests come

branded with the

Certified Builders logo.

Only $35 each inc gst

When you have a “tablet” these days it is more likely to be a piece of

technology rather than a pill and the habit is catching on. Vodafone

recently offered an Android 10.1 Samsung Tablet as a prize to Certified

Builders members using their service. The winner of the prize was selected

from all entries of sales through Vodafone in the months of May and

June. Drawing the prize (above) is Certified Builders Chairman Dave

Brown with Hope Perry from Vodafone in

Tauranga standing in for Alex Marshall.

Vodafone would like to thank Certified

Builders members for their continued

support. Congratulations to the winner

of the Samsub tablet – Rob Gleeson of

Create-A-Home Builders Limited, Helensville.

Change continues to swirl through our

daily working lives as we all continue

to grow the sense of professionalism in

the industry. This has been reinforced

recently by the release of the Working

from Heights initiative as a programme

to keep both ourselves and our co

workers safe and also further legislation

governing builders introduced to the

House of Parliament in the form of

Amendment #4 of the Building Act.

This bill when passed will have

significant impact on how we work

with our customers including some

requirements to make certain disclosures

of information to customers before

work begins. This law is still proceeding

through the Select Committee process,

but keep an eye out for the changes

when they are passed. At National

Support Office we have been very active

with this new piece of law and will keep

you advised of the impacts to you as it

progresses.

A big thank you to all those who

supported our AGM and National

Conference held at Te Papa in Wellington

recently. Comments we have received

from both members attending and also

from the suppliers who again provided

excellent support, have been very

positive and the mixture of education,

networking and some social activities

seemed to have hit the spot.

Thank you again your support is

appreciated.

Grant Florence

Chief Executive

Certified Builders Association

Winning draw from Vodafone

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

CBANZ hit the road explaining

the environment of liabilities that

practitioners have been working in for

the past 10 years; we did this through the

example of a WHRS case. This example

was then dumped into the middle of the

LBP scheme; while some areas have yet

to be contested we found benefits by

using the CBANZ handbook particularly

the more detailed record of works within

this. The Association offers many simple

tools to assist managing builder’s risk, an

important consideration in an industry

which often has the builder exposed to

failure through the sequence of systems

it takes to complete a project.

Co presenter, Ben Rickard presented

liability insurance products available

through CBA Insurances. Ben

demonstrated the effects and costs when

faced with litigation. It soon became

evident to me that builders have been

under-insured for some time; however

we now have products that can cover this

shortfall.

Builders and LBPs need to be asking

themselves – do they wish to carry

the cost of risk or shift it across to an

insurance company that will specialise in

this?

The Association’s new partnership with

LocknLoad proved just the ticket for

managing risk on site. Mai Aoake showed

attendees how this can be done with a

click of a button, whether it’s with a new

whizz bang smart phone or the trusty old

brick.

Recording valuable site information

and directives which otherwise may

get disputed by clients. Should you find

yourself having to prove your innocence

in court, the chronological evidence

produced will help your defence case.

While most of the presentations have

now finished you may wish to speak

with the presenters to discuss risk

management.

Contact Jason at Certified Builders

Ph 0800 237 843.

Gwenda Jones CBA Insurance

Ph 0800 237 843.

Mai Aoake at LocknLoad

Ph 0274 345 669

By Jason McClintock

Operations Manager

Licensed Building Practitioner

From the desk at Operations


Mai of LocknLoad presenting in Whakatane.

On the road – Good to Great presentations

AROUND THE REGIONS

LBP skills maintenance pointsOne hour learning = one skills maintenance

point

Any learning of building related

information of a technical nature is valid

for points

• inhouse

• Local members meeting

• Reading a merchant’s magazine

• Onsite training

• Any off site training or seminar

• Business training that will affect

your building business

• Formal training such as a level 5

course

Don’t forget to keep your own register of

points accrued and evidence of attendance

e.g. meeting flyer.

EARNING yOUR POINTS


To purchase your Site Handbooks please

contact Millie Turkington at National

Support Office on 0800 Certified or email

[email protected] you will receive 5

Handbooks for $10 inclusive of GST and

postage.

One of the wendy houses from the Western Bay of Plenty Apprentice

Challenge was set aside as a gift to the community. Welcome Bay Kindergarten

was very pleased to receive their new playhouse.

Committee member Simon Robinson and President Jason McClintock are

pictured handing over the Wendy House. Simon’s son Blake Robinson cuts the

ribbon to officially call the Wendy House open for play time, kindy staff look

on very pleased with the gift from Certified Builders Association which looks

great in the kindergarten’s garden grove.

Kids benefit from Apprentice Challenge

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

Western Bay of Plenty

xxxxxx

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

Following on from its

introduction in the Residential

Thermal Heart™ range the

Flushline sill, as its name implies,

has a flush appearance imparted

by a special elevated roller track.

This innovative platform design

still incorporates a drainage

cavity. Standard residential slider

frames have traditionally had

exposed upstands or fins for

sliding door rollers. In these the

track cavity is fully displayed.

An outstanding feature of

the new system is the smooth

rolling, easy glide performance

of the sliding panels, even when

heavier double glazed doors are

used. APL’s policy of preferring

bottom-rolling rather than top

hung door systems to better

manage lintel sag and enhance

easy movement has been further

advanced by highly effective

new rollers.

Two threshold options are

available – sloped and square-

edge, as illustrated.

Flushline sill for APL Residential Sliding Doors

The square-edge threshold option is shown here with a totally flush system from

inside to outside (appropriate set down and tolerances should be determined from

NZBC Clause E2).

Sectional view of the Flushline sliding door sill with sloping threshold and a flush floor-

to-frame interior.


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

Geoff Hardy is a specialist

commercial lawyer in Auckland

and also a member of the

CBANZ Board.

Contact Geoff on 09 379 0700

[email protected].

Don’t despair, there is a way

to recover your money

There must be an element of luck

because I have also helped out many

builders who appear to me to be good

managers and conscientious craftsmen,

but despite this they have had a major

fallout with their client and have lost a

lot of money as a result.

When you first meet a client and you are

both excited about the prospect of a new

project, it is usually very difficult to tell

how that person is going to behave when

the honeymoon is over and tensions start

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

of clients there is always going to be a

certain percentage who are distrusting,

oversensitive, nit-picky, poorly organised,

hopeless at budgeting, egotistical, self-

obsessed or downright dishonest.

Those kinds of clients are just a dispute

waiting to happen. And because builders

typically do their work on credit (they do

the work first and hope to be paid later)

it is inevitable that when the disputes

emerge, the builders’ invoices aren’t

going to get paid. I’ll give you three

examples of the types of disputes we

have been involved in recently.

There are the up-market projects

where the builder is constructing a

luxury house or holiday home for the

wealthy businessman or socialite on a

cost-reimbursement basis. Because of

unforeseeable complications, continual

changes to the original specification, or

post-consent Council requirements, the

cost of the work inevitably blows out.

The owner blames the builder and stops

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

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

$300,000.

Then there are the residential or light

commercial projects done on a fixed price

basis where a lot of additional work turns

out to be needed. The builder submits

a variation claim, but the owner rejects

it on the basis that it was within the

scope of works covered by the builder’s

original quote. Neither the plans and

specifications, nor the quote, are detailed

enough to settle the issue one way or

another, but the builder certainly didn’t

price the job in the knowledge that he

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

project the builder is short-paid by

$50,000.

Finally there are the cases where the

builder is engaged as a labour-only

carpentry subcontractor to a head

contractor. The builder works diligently

but is continually frustrated by the

failure of the head contractor (or owner,

architect, or engineer) to coordinate the

other specialist trades efficiently, order in

the materials on time, and make decisions

on critical components or design changes.

Consequently the project runs well over

time, and the owner blames the builder

for the additional accommodation

or borrowing costs, or lost rental or

commercial income, that are incurred as

a result. The owner arbitrarily deducts

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

In those circumstances the builder has

a number of options for resolving the

dispute and recovering at least some of

his money. Here are the main ones.


DISCLAIMER: This article is not intended

to be relied upon as legal advice.


Your contract will usually say that

disputes have to be resolved by

negotiation, mediation and arbitration.

Those options don’t make a lot of sense

to me, because when you are dealing

with stubborn parties who don’t want to

give an inch, negotiation and mediation

just turn out to be expensive talkfests,

and arbitration can be as expensive

and time-consuming as litigation in the

courts.

If the building contract permits it, you

can always sue the owner or head

contractor in the District Court (up to

$200,000) or High Court (above that

amount). However because of the cost

and complexity of litigation it is simply

not worth the risk of going there unless

you have a watertight case. That usually

means a written admission from the

owner or head contractor that he owes

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

it to you until he is good and ready.

Fortunately there are some things

you can do regardless of what the

contract says. If there is a genuine

dispute and you are only arguing about

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

the Disputes Tribunal. This is a quick,

cheap and informal process that doesn’t

involve lawyers, although they can help

you behind the scenes. However it is

dangerous to use this in a residential

dispute, because the Referees in the

Disputes Tribunals don’t have experience

in construction projects and are too easily

persuaded by homeowners’ plausible but

misconceived claims.

The good news is, there is a fourth option

that we have had a lot of success with

lately. This is known as adjudication under

the Construction Contracts Act (“CCA”).

It has a number of advantages, not the

least of which is that the adjudicator is an

expert in building projects or construction

law, so he/she won’t be fooled by

irrelevant or contrived claims. Because

of the tight time frames under the CCA

you can usually get a ruling within 3

months, if you act decisively. And there is

no hearing involved – you simply file your

claim, the other side file their response,

and then the adjudicator issues a written

ruling.

With CCA adjudications you do have

to pay the adjudicator’s fees, and you

do have to pay an experienced lawyer

because the rules are strict and you

only get one shot at putting your best

case forward. But the maths is usually

pretty simple. As long as you recover

more out of the adjudication than you

spend on it, it’s a better economic return

than spending nothing and recovering

nothing.

On a recent adjudication we did for a

CBANZ builder, our client was awarded

94% of what he was claiming, plus

interest, plus costs. They are not always

that successful, but at least you get an

outcome, you get closure, and you get a

sense of vindication.

Apprentice news


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

Zac, a final year ITaB apprentice at

Christchurch Polytechnic Institute of

Technology (CPIT), clinched the title in

a close fought final at the 14th annual

Certified Builders Conference at Te Papa in

Wellington over the weekend of May 18-19.

ITaB Administrator Lisa Henderson says the

judges were impressed by Zac’s confidence

and knowledge in awarding him the ITaB

Trophy and first prize of an Outward Bound

Course valued at $3750.

Second place went to Andrew Higgins

(Nelson Marlborough Institute of

Technology – NMIT) who went home with

a $2000 tool package from DeWalt and in

third was Vine Collett (Unitec – Auckland)

who won a $1000 voucher from ITM.

The six finalists, aged 18-22 years, also

included Aaron Kent (Bay of Plenty

Polytechnic), Ben Wilson (Eastern Institute

of Technology, Hawke’s Bay), and Michael

Ferris (Northtec, Whangarei). All the

finalists had won their regional competition

in which they had to build a playhouse

from set plans within 8 hours. Some

competitors initially thought the challenge

would be easy but eventually had to

concede it was not that simple. Some could

not complete the challenge in the allotted

time, says Lisa.

At Conference, the six finalists had to

submit a resume portfolio and face a panel

interview answering questions about

Licensing and the building industry and

their own career aspirations. Lisa says

it was interesting that only one finalist

could name the Minister for Building and

Construction Maurice Williamson! The

finalists’ last challenge was to attend a

conference workshop and give the closing

summary and thank the presenter. The

panel of five judges comprised Paul Taylor

(ITM), Kevin Sceats (Winstone Wallboards),

Jason McClintock (CBANZ), Roger Duncan

(AST), and Warwick Leigh-James (CBANZ

Waikato).

Zac’s vast knowledge of the industry and

confident public speaking helped him to

the top score.

He credits his good people skills and

ability to speak well to his role as head

boy at school, a background in drama, and

involvement in surf lifesaving. He says he

had always intended to combine a degree

with a trade qualification but a year into his

accounting degree at Otago University he

decided building was where is heart lay.

The 21-year-old says the whole conference

weekend was “wicked” and he felt

“thoroughly spoilt”. He recommends

attending the Certified Builders conference

to all apprentices: “It was cool to see the

industry from other perspectives than just

from a building site.”

He enjoyed meeting key people from

Certified Builders, Winstones, ITM, BRANZ,

Mitre 10 and other industry leaders and

representatives: “We work with their

products every day so it’s great to meet the

people behind them.”

Zac also enjoyed the opportunity to

meet other apprentices and says he will

definitely keep in touch with some of them.

After the competition they were treated

to some nerve-wracking relaxation on

the Wellington waterfront at Fergs rock

climbing wall.

Lisa says it was a privilege to work with

the young men in the competition. Two

of them who meet the age criteria - Vine

Collett and Michael Ferris - have been

invited to go on to the World Skills New

Zealand competition. The Apprentice

Challenge, which was opened up to all

carpentry apprentices this year, can offer

surprising opportunities, she says.

Special thanks to Winstone Wallboards,

DeWalt and ITM for their support of the

Apprentice Challenge.

Challenge win sends Zac Outward Bound

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

Challenge win sends Zac Outward Bound


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

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

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

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

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

Second placegetter Andrew Higgins has

had to delay putting his new tool package

to work. Andrew says he was “stoked as“

with his “amazing” $2000 prize from De

Walt but all he could do was admire it at

this stage. Andrew’s been parked up at

home for a few weeks with a snapped

collarbone which he says is “not a pretty

sight” but he’s looking forward to getting

back into work – and his new tools – asap.

New tools admired from the couch!

Supported by:

Apprentice news

ITaB would like to congratulate the

following Apprentices on Completion of

Apprenticeship Carpentry

Christchurch Polytechnic Institute

of Technology (CPIT): Kyle Anderson,

Tyler Ashcroft, Christopher Bailey, Poorya

Behnami, Daniel Cunningham, Rene de

Kwant, Richard Ford, Christopher Fordham,

Matthew Forman, Peter Gibson, Matthew

Gower, Jordan Greville, Kyle Hastie, Shaun

Holbrook, Henry Kingscote, Nicholas Mohi,

Jacob Nelsen, Cameron Rennell, Matthew

Ridgway, Elye Schist, Marshall Scrivenor,

Jeffrey Steel, Adam Stone.

Manukau Institute of Technology (MIT):

Nathan Blundell.

Nelson Institute of Technology (NMIT):

David Clark, Michael Gibbs, Mitchell King,

Levi Norris.

Northtec – Future Trades: Mark Chignell,

Alistar Francis, Stephen Hay, Clinton Johns.

Ryan Parsons, Andrew Ritchie, Shannon

Tregigda.

Unitec: David Hartman, Timothy Mowlem.

Congratulation on the completion of

Apprenticeship in Carpentry, proudly

supported by the Apprentice employers,

Polytechnic’s and Tutors and ITaB.

Completion Certificates

He might have missed out on

winning a national title but NorthTec

carpentry apprentice, Michael Ferris,

has achieved a lot so early in his

building career.

Michael, 18, represented the

Northland Region at the third

Industry Training Association Building

(ITaB) Apprentice Challenge in

Wellington over the weekend at

the Certified Builders Conference.

It proved quite an experience for

Michael that also provided him with

good knowledge about where the

industry is heading.

Michael is currently studying towards

a National Certificate in Carpentry

(Level 4) at NorthTec and is serving

an ITaB apprenticeship with David

Millar Builders Ltd. Last year, Michael

was also awarded a $500 joint

scholarship by NorthTec and the

New Zealand Institute of Building

(NZIOB) Northern Chapter for his top

academic performance.

After winning the regional heats to

reach the ITaB Apprentice Challenge

final, Michael, along with five other

Apprentice Challenges cont est created a buzz in Hawke’s Bay

Hawle’s Bay regional winner of the ITaB Apprentice Challenge

Ben Wilson contested the national title at the Certified

Builders Association annual conference in Wellington hard on

the heels of the region’s successful contestant last year.

Last year the title was won by EIT carpentry student Paul

McDowall, and EIT’s carpentry apprenticeship programme

coordinator Shane Sigglekow hoped Hawke’s Bay could pull

off the top placing yet again.

Ben (pictured left) , who works for Simon Moody of SKM

Builders in Napier, was one of four competing in the

regional ‘build-off’, staged at the new Napier Tumu ITM.

The apprentices were each given eight hours to construct a

students from other Polytechnics,

battled each other in an eight hour

practical test. They then had to

face a panel interview and a public

speaking exercise to determine the

eventual winner.

Their every move was watched

closely by almost 400 CBANZ

members in attendance at the

conference. This was something

that Michael admitted was

somewhat daunting to start with.

Prior to the trip to Wellington, the

contenders needed to complete a

portfolio of their work history and

include pictorials, references and

supporting documentation of their

achievements from their employer.

Although Michael did not place

at the competition this year, he

intends to give the national title

another crack in 2013, when he will

be older and wiser with more work

experiences to draw from.

Michael’s employer, Dave Millar,

said his apprentice, who had just

begun his second year of the

NorthTec student younge st in elite Apprentice Challenge


Apprentice Challenges cont est created a buzz in Hawke’s Bayplayhouse using building materials provided by the store, which

opened recently in Ahuriri. The competition was one of eight

heats held around New Zealand.

Sam Talbot, who is apprenticed to Paul Boaler of Havelock North,

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

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

Shane says Napier store manager Jamie Webster “pulled out

all the stops” in promoting the challenge and helped make it a

really professionally run event. DeWalt provided top-of-the-line,

tradesman-quality power tools to build the playhouses which

were gifted to early childcare education centres. Radio station

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

advertising and a sausage sizzle for the many people who

turned out to watch the apprentices’ constructions take shape.

ITaB in partnership with Certified Builders established the

Apprentice of the Year competition three years ago. This

was done to help highlight and recognise the high quality

of building apprentices coming out of our polytechs. EIT was

proud to be a part of the shift towards getting carpentry

apprentices back into the polytechs for face to face learning.

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

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

museum and undergo judging in panel interviews.

apprenticeship, was by far the youngest

at the national finals.

Despite coming up against tough

competitors, Michael said he was pleased

to have made the final and been able to

test his limits in front of his peers.

He said being at the CBANZ conference

gave him the opportunity to network with

other CBANZ members and he was able to

learn more about the legislative reforms

that are going to play a significant part in

shaping practices that are acceptable for

the building and construction sector.

“I discovered that to work in this industry

it is not only vital to have a formal

qualification, but also to uphold high

work standards to ensure the ongoing

credibility of our industry,” Michael

explained.

On 13 March, both the Building

Amendment Act 2012 and the Licensed

Building Practitioner scheme (LBP) came

into effect that places emphasis on

higher standards by those working in

the industry, giving added protection to

home buyers and home owners.

Certified Builders Chief Executive, Grant

Florence, said it supported the reforms

and lobbied to get the LBP scheme

introduced.

Certified Builders members he says are

the only builders in New Zealand who are

guaranteed to have trade qualifications

equivalent to or better than National

Trade Certificate in Carpentry (Level 4).

The Building Amendment Act (4) includes

a range of measures designed to hold

building practitioners to account who

are not meeting the standard of work

expected.

NorthTec student younge st in elite Apprentice Challenge

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


Steve Brocklebank provides general

business, accounting and tax advice

for PricewaterhouseCoopers.

Steve can be contacted on

Ph 03 470 3615 or 027 433 6025

email [email protected]

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

Property investors still coming to terms

with having tax depreciation on buildings

turned off from the 2012 tax year would

have been nervous about news coverage

in the weeks leading up to this year’s

Budget that there could be more tax

changes affecting property.

Some of this coverage related to the

likelihood of new rules to prevent

property owners from claiming a

property loss against other income for

tax purposes, commonly known as loss

“ring fencing” or “quarantining”. There

is currently no restriction on a property

owner offsetting property losses against

other income, such as salary and wages.

This is consistent with the overall design

of our tax system which generally puts

all kinds of income and expenses in one

“pot” to determine the total amount of

net income subject to tax. This differs

from the approach in a number of other

countries where different types of income

are ring fenced and dealt with separately.

It would have been somewhat surprising

if property loss ring fencing had been

introduced. It was not favoured by the

Tax Working Group, and in any case a

large component of past property losses,

being the tax depreciation on a building,

has now been eliminated.

Ring fencing was also Labour policy

in the 2011 election and rejected

by the Government. It is pleasing to

see this measure stay off the statute

books because it is bad policy. It is not

compatible with the way the rest of the

tax system operates and a number of

taxpayers could avoid its impact with

careful planning.

The only tax announcement in the

Budget that does affect property is the

reduction in the portion of expenses

owners of holiday homes can claim for

tax purposes when they rent out their

property. Previously expenses could not

be claimed whenever the property was

available for rent (usually the majority

of the time). A deduction can now be

claimed only for the portion of the rental

use to the total use of the property, likely

to be a much lower percentage.

This change had been signalled well in

advance of the Budget and the final rules

are less restrictive than owners might

have feared when a review of this area

was announced last year.

While the 2012 Budget was light on

property tax changes, an aspect of

the 2010 Budget changes still causing

headaches for property owners is the

treatment of past building fit out costs.

While tax depreciation on the cost of the

building structure has been disallowed,

it is still available for fit out costs in

commercial and industrial buildings,

which can be a significant portion of the

total cost of a property.

Property owners have always been

able to separate out the cost of a non-

residential building into its component

parts and depreciate the fit out elements

at higher rates than the building

structure. However, historically a number

of owners have treated the entire cost of

a property as a building for tax purposes

on the basis that the benefit of faster

depreciation was outweighed by the cost

of splitting out the costs into separate

components. Of course with building

depreciation being eliminated, this has

become a permanent reduction in the

depreciation available.

No ring fencing but IRD takes a hard line on depreciation


To recognise this, the tax rules allow property

owners who had not historically separated fit

out costs to treat 15% of the written down

tax cost at the start of the 2012 tax year

as a notional “pool” of fit out costs and to

depreciate that pool at the building rate of

2%. Many taxpayers concluded the extent of

fit out costs exceeded 15% and so undertook

an exercise to retrospectively split fit out costs

in order to depreciate them at the higher fit

out depreciation rates going forward. Inland

Revenue has since ruled in a draft interpretation

statement that taxpayers cannot retrospectively

separate fit out costs in this way and that it

expects any taxpayers who have filed a return

based on retrospective separation of fit out to

make a voluntary disclosure of this fact.

A large number of property owners and

interest groups have made submissions to

Inland Revenue that its view is not correct.

Inland Revenue has yet to publish the final

version of the interpretation statement, but

indications are that it will stick to its original

view unless the law is changed. Any property

owners who have undertaken a retrospective

split of fit out costs should therefore seek

advice before filing a tax return based on that

position.


Technology is an

ever-increasing part

of business in the

21st Century and the

building industry is

no exception. At the

14th Annual Certified

Builders Association

Conference in

Wellington in May

Winstone Wallboards

Ltd ran a promotion

encouraging the

use of their website.

Association members

were invited to log-in

to a specially created

website to be entered in

a draw for an iPad2. The

lucky winner was Bruce

Livingstone from Hamilton. He is presented

with his iPad (above) by Peter Taylor,

Technical Support Manager of Winstones.

Technology treat

Volume 3

Under or over windows• Checkformissingflashings,particularlyheadandsill

flashings. If they are fitted they will be visible on the

outside.

• Checktheflashingstoensuretheyslopetotheoutsideto

spill water over the window or door-frame. Check at the

ends to ensure they will not allow water to flow inwards at

their ends.

• Forcurvedwindows,checkthattheflashinghasastop-end

to direct water to the exterior and not allow water to enter

behind the wall cladding.

• Checkthejambstoensuretheyaresealedtothecladding.

• Checkthecornersofcladdingonrecessedwindows–

particularly check that there are no hairline cracks in the

paint finish.

Solid handrails• Wherethetexturecoatingiscarriedoverthebalustrade

leaks may not be visible. The most reliable check is to

measure the moisture content of the timber framing. This

is best done using a moisture meter with probes through

two small holes in an area that is not exposed. The timber

floor structure should also be checked from the underside.

Courtesy of consumerbuild.org.nz

Read next month for Ground Levels

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

•Itgivesprospectivebuyerspeaceofmind.Homeswitha

guarantee sell faster and for more than those without one.

•Includeitinyourquoteas:“Homefirst 10 Year Builders

Guarantee – underwritten by CBL Insurance Limited”

•Completetheguaranteeapplicationatthesame time as your

building contract.

Guarantees and insurance for the building industry

www.builtin.co.nz ph: 07 579 6259 email: [email protected]

To become a WaterTight Approved Builder contact

Ben on: 07 579 6259 email: [email protected]

www.watertightwarranty.co.nz

Underwritten by CBL Insurance Limited

HOW TO SPOT A LEAKy BUILDING


29

JOKE OF THE MONTHSend your jokes in to: [email protected]

INSURANCE TIPS FOR BUILDERSYour insurance questions answered. Send your questions in to: [email protected]

CONTRACT WORKS INSURANCE. Did you know…?

You are generally required under the building contract to arrange Contract Works Insurance, and this usually starts on the date

the policy was arranged, or when you take possession of the site, whichever is later.

The problem is when it finishes!

Regardless of the finish date on the policy, the CWI ‘small print’ states that cover will cease upon:

• PracticalCompletion*

• IssueofaCertificateofPracticalCompletion

• IssueofaCodeComplianceCertificate

• Temporaryorpermanentoccupation(whetherfullorpartial)

…whichever occurs first. So it is not the finish date on the policy that ends cover, but when one of the above things occurs.

We have had several instances where the owner hasn’t arranged normal house insurance for any number of reasons - on

holiday, live overseas, hasn’t got round to it, can’t because their insurer requires a CCC - and asks the builder to extend the

Contract Works cover.

Don’t try to help them out - your contractual obligations are over when your contract is finished - and extending

the CWI may just result in no claim being paid, and you being held liable for any damage!

* defined in the CBANZ Building Contract as: “both the point in time, and the stage in the progression of the Building Work,

when the Building Work is so far advanced that the Building can effectively be used by the Owner for its intended purpose,

notwithstanding that certain non-critical or aesthetic features are yet to be completed or minor omissions or defects are yet

to be rectified.”

LIABILITyPublic Liability

Statutory LiabilityEmployers Liability

Professional IndemnityLBP Insurance

Errors & Omissions Cover

COMMERCIALContract Works

ToolsVehicleS

and more ....

Welcome to the first in a series of articles based

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

So what actually is a leaky building?

At some point in its life a building is

highly likely to allow some water past

its cladding. It is how the building deals

with that moisture that is the key. If

moisture can’t quickly drain out and/

or if air can’t circulate to promote

drying behind the cladding, extensive

damage can result. By far the majority

of the hundreds of buildings I have

been involved with showed few, if any,

visible signs of water penetration and

resultant damage. You don’t need to

have cracked exterior plaster or have

interior linings falling from a ceiling to

have trapped moisture related damage.

A gradual and occasional introduction

of moisture is all that may be required

to create an environment suitable for

decay to be present and flourish. This

can be relatively rapid where little or

no treatment is present in the affected

framing.

We don’t actually know exactly how

many buildings have been, are or will be

Remediation – An introductio n for builders


Leaky Buildings – What are they and why get involved?

Harry Dillon is a builder and

has been involved with the

repair of over 300 homes

over the last 10 years.

affected. A 2009 PriceWaterhouse report

estimates between 22,000 and 88,000

homes, with the industry consensus

around 40,000. A truly staggering

number of families have been, are and

will be impacted by this estimated $11bn

phenomenon. Whilst a majority of

current cases are appearing in Auckland,

many experts believe that it is a New

Zealand wide problem. Those residing

in dryer geographical areas just may not

have discovered it yet.

So how did we end up here?

There is much conjecture and controversy

about what has caused this problem

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

systematic failure of the industry as

a whole. Complex, incomplete and

questionable suitability of building

design, poor use and suitability of

some products, incomplete technical

knowledge and skill as well as too little

on-going training for many involved in

the building process have all contributed.

Why get involved? Clearly there are a

large number of leaky buildings needing

Remediation – An introductio n for buildersLeaky Buildings – What are they and why get involved?


repairs. This presents an opportunity for

builders at a time when new builds are at

historic low levels. There is a perception

that getting involved in leaky home

repair work is risky and best avoided.

While arguably there are more risks and

unknowns associated with these projects,

if a builder goes in with eyes open and is

aware of these risks and ways that they

can be managed a successful outcome

is more likely to result. This will be of

benefit not only to the builder but also

the client and all those involved in the

project.

In this series of articles, I will be talking

about a range of things that are

important for the builder to be aware of

including:

• Assessing the projects risks

• Working with the right team

• Tendering

• Health and safety

• What happens on site

• The 4 “D”s

The 2nd in our series of articles will discuss

how you as a builder may get involved in

a leaky building project and things you

need to know.

• Suggested follow up areas for more

information

o DBH website: www.dbh.govt.nz/

ws-info-for-building-professionals

o The DBH publications

Guide to Remediation Design

Guide to the Diagnosis of

Leaky Buildings

Dealing with Timber in Leaky

Buildings

Code Watch Issue 1: October

2011

• This article represents Harry’s views

which may not necessarily be same

as those of the Department of

Building and Housing.

WHEN: Thursday 20th September, 4pm-8pm

WHERE: Suburban Club, Tahunanui Drive, Nelson

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

CONTACT: Belinda, CBANZ Nelson ph 0274 434 128

ALL BUILDERS WELCOME

Learn something new and earn LBP points!

WANTED!

for Build Nelson Trade Show

Builders and Exhibitors

33inhouse August-September 2012 33

helplines6 FREE

EmploymentAdvice on any employment-related issue

is available from specialist Tauranga law

firm, Employment & Environment Law.

Danny Jacobson and Trudy Marshall will

assess the employment issue and give

general guidance on the best options in

phone sessions of approx 5-10 minutes. It

is not intended as a substitute for formal

employment/legal advice. You must

identify yourself as a CBANZ member

and any information you disclose will be

treated with confidence.

Ph 07 928 0529 or 021 857 529

email: [email protected]

Danny Jacobson

Trudy Marshall

For help with contracts issues contact

Peter Degerholm at Calderglen

Associates. Phone sessions are limited

to 20 minutes and written questions

must be kept brief though they

may include relevant extracts from

documents.

Peter Degerholm Ph 04 587 0061

or 021 307 232 Fax 04 587 0062


Peter Degerholm

Contracts

General business, accounting or tax

Steve Brocklebank

For general business, accounting or tax

issues you can contact Steve Brocklebank

of PricewaterhouseCoopers. Phone

sessions are limited to 10 minutes at

first, and emails should be kept to the

point. You must identify yourself as a CBANZ member

and any information you disclose will be treated with

confidence.

Steve Brocklebank Ph 03 470 3615 or 027 433 6025


Business-related legal issues

For advice on business-related legal issues,

Auckland commercial law firm Madison

Hardy is offering a free service to CBANZ

members. It will only cost you the price

of the phone call. Free advice sessions are

limited to 20 minutes.

Experienced lawyer, and CBANZ director

Geoff Hardy and junior lawyer Gagan

Tangri will answer your queries, during

business hours.

Geoff Hardy Ph 09 379 0700

Gagan Tangri Ph 09 970 9567

Geoff Hardy

Gagan Tangri

web: www.e2law.co.nz

Health & Safety

Jamie Potter

Advice on any Health and Safety issue is

available from the team at HazardCo. This

includes a free advice session – limited to

30 minutes – which can include advice on

incident management, your requirements

under the Health and Safety in Employment

Act and best practice Health and Safety

Management systems.

Ph 0800 555 339


Insurance

Jim Rickard

For advice on any insurance-related issue

contact Jim Rickard at CBA Insurances. If

you have your own broker they should be

your first point of contact. However, Jim

is happy to help with any claims problems

and with any general question about what

cover you should have as a builder.

Ph. 07 579 6259 or 0274 505 528



Builders brag page

Ph: 0800 486 834 (0800 HUNT FISH)

Shop online or register for catalogues

www.huntingandfishing.co.nz

Send us in your hunting & fishing pics

and we’ll reward those that get

published on this page with a

Hunting & Fishing New Zealand

Fleece Gutbusta Bush Shirt

valued at $39.99.

Send photos to:

Builders Brag Page

PO Box 4472

Palmerston North

Or email in hi-res to [email protected]

(be sure and identify clearly that you are sending an entry for

the Certified Builders Brag Page as well as full contact details!)

Please note photos submitted must be from a CBANZ or ITaB

member or a company affliated with Certified Builders.

31 stores nationwide

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

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


A team of Certified Builders from the Waikato have made a

big splash in Rotorua.

The Begovich brothers - Hayden (Matamata) and Shaun

(Hamilton) – took a unique plunge when they joined a $10

million project to build a themed log flume ride at Rainbow

Springs Park.

Up to 10 of Begovich’s guys were involved in the design

and build contract managed by Arrow International. Over

six months they spent a lot of time ankle deep in mud as

they constructed the prop buildings and main load on-off

building for the ride. They were also involved in building

the historical wonderland it winds its way through,

including a replica Maori Pa.

Hayden says the ride was designed in Switzerland but the

majority of components were fabricated in New Zealand.

How to make a splash!AROUND THE REGIONS Rotorua


The ride is believed to be a one-of-a-kind experience. Participants

are transported in an 8-man boat up 6-7m high lift towers and the

500m trip takes you through the park and also back in time.

The Begovich team constructed multiple buildings setting the scene

in the 9-minute ride which carries people from pre-human times

through Maori occupation and European settlement and up into the

tree canopy for the final 12m “Big Splash” back to ground level.

Hayden says it was a fairly pressurised project in

tough wet conditions using interesting materials

like pre-aged macrocarpa in keeping with the

historical theme. The entry to the Maori Pa

has 8-9m poles carved by chainsaw. Half the

guys stayed in Rotorua for the build and others

travelled back and forth from Matamata. They

finished the six month project in December and

the ride opened in January.

Dylan Workman, Design Manger in Arrow’s

Tauranga Branch, says: “The project involved

enough mains cables to power a small town

and some very creative carpentry! But we must

have got it right as the Swiss Engineers were

really impressed with the quality and accuracy

of the in-ground flume construction and we are

receiving some fantastic feedback from both

international and national visitors.”

The ride also includes a 3m tall moving dinosaur,

Haast Eagles attacking Moas, holograms of Maori

Warriors and European Settlers and state-of-the-

art audio and visual effects. The ride is included

on a Rainbow Springs Day pass for $35/adult and

$22.50/child.

Making the most of the sun


By Verney Ryan, Beacon Pathway Inc.

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

Of course, as builders, you may not

always have input into the design, but

it is useful to understand the principles

of designing for the sun so that when

you can influence decisions, you can help

your clients toward a warmer and more

energy efficient home.

Beacon’s Waitakere NOW Home (www.

beaconpathway.co.nz/new-homes/

article/what_is_the_waitakere_now_

home_project) is a good example of

designing for the sun. This Auckland

house provided a warm comfortable

environment that required no additional

heating – saving the tenants about $1000

per year.

Position on site

The first step in designing for passive

heating is orienting the house to take

advantage of the sun. Ideally, this means

getting plenty of sun in winter and in

cooler climates, and less sun in summer

and in warmer climates.

The home should ideally be positioned

as far as possible from neighbouring

buildings, terrain or vegetation that

might block north sun. Bear in mind

that, in winter, objects cast shadows two

or three times their height. For maximum

solar gain, site the home near the site’s

southern boundary to make as much

use of the northern side of the site as

possible.

Positioning the home may be limited

by the site’s orientation: a site that runs

north-south should get sun throughout

most of the day but a site that runs

east-west is more likely to have its north

sun blocked by neighbouring houses,

depending on how wide the site is.

Narrow north-facing sites may limit the

placement of living areas along the

northern face – the house design may

need to make the most of both morning

and afternoon sun in different rooms.

Orientation and room layout

The home should be designed with

the main living areas facing north –

anywhere between 20°W – 30°E of true

north is fine. This means they will be

warmed by the sun most of the time

throughout the year, although they

will need some appropriate shading to

prevent summer overheating.

East-facing rooms get early morning sun

and will be cooler in the late afternoon

– these are ideal for kitchens, breakfast

areas and bedrooms (fewer hot nights!).

West-facing rooms get low-angle, late

afternoon sun which means they can

easily overheat in summer. However,

they do provide good winter heating

so they can be suitable for living areas

(but not kitchens where evening cooking

creates heat) provided shading is used

during summer.

South-facing rooms get little or not

sun. Use these for utility areas such as

the garage, laundry, bathroom, toilet,

storage rooms and stairs, where people

spend little time. This also provides a

buffer for the living areas to the cooler

south side of the house.

Where to put the windows

The size and location of windows in a

house is a vital aspect of passive heating.

The majority of glazing in the house, such

as windows, skylights and glass doors,

should be on the northern and eastern

faces to let in the sun.

There should be less glazing facing west

because heat from the late afternoon sun

can cause glare and overheating.

South-facing windows receive daylight

but minimal sun. Therefore windows

on the southern side should be kept to

a minimum to reduce heat loss. Aim to

make them as small as possible whilst

still achieving adequate daylight and

ventilation.

If your client wants to capture views to

the south or west, you can mitigate heat

loss by using double glazing in south-

facing windows or reduce glare by using

tinted glass in west-facing windows.

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


Balancing winter warmth and summer cool

Making the most of the sun in winter

needs to be balanced with not

overheating in summer. Incorporate

shading to make sure the home will not

get too much sun in summer.

Shading should be designed to take into

account the sun's path in summer and

winter over the site. Sun path diagrams

map the path of the sun across the sky at

different times during the day throughout

the year. They can help establish the

position of the sun relative to a site and

can be used to determine the effect of

shadows cast by buildings, trees and

landforms on and around the site. Sun

path diagrams for New Zealand have

been produced by the Victoria University

of Wellington, Centre for Building

Performance (www.victoria.ac.nz/cbpr/

resources/nz-sun-chart.aspx).

The sun travels higher in the sky in

summer, so shading should be designed to:

• shadehigh-anglesummersunover

north facing doors and windows

• shadelow-anglesummersunover

east and west facing doors and

windows

• letlow-anglewintersunintoyour

home from all directions.

Achieving the ideal orientation is about

striking a balance between getting the

sun inside and other lifestyle factors such

as views, noise, privacy and appearance.

If the orientation is compromised to take

advantage of other factors, you will need

to compensate for the loss of passive

heating by improving insulation levels,

putting in more heating and installing

higher performance glazing.

If you can influence the orientation and

layout of a home, you will help your clients

to a warmer and more comfortable home

which will cost less to run.

Eaves are a great option as well as

helping with keeping rain out. The

booklet Designing Comfortable

Homes (available from the Energy

Efficiency and Conservation Authority

www.eeca.govt.nz) gives you

information to calculate how deep

your eaves need to be for winter sun

and summer shade.

Measurements will depend on the

size, height and location of the

window – as a general rule of thumb,

the average window works well

with a 400-500mm overhang. Think

of them like the peak on your cap –

shielding your eyes (and the window)

from harsh overheating summer sun.

Adjustable shading provides flexibility

especially where you need to deal with

low-angle morning or evening sun.

Options include louvres, shutters, sliding

screens, awnings and removable sail

shades. It is also possible to use planting

with deciduous vegetation such as grapes

or vines to provide protection. The leaves

shade the window in summer and then

when they have fallen off in winter, the

sun’s heat can come into the house.

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

A balancing act

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


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

Waikato Certified Builders branch

constructed the ultimate ManCave for

the event and promoted the Association

to the public for the duration of the

fieldays. And had a bit of fun ...

Waikato President Warwick Leigh-James

seconded his daughter Amanda to help

with the promotions and they fielded

a steady stream of enquiries from the

public - and took a few orders for

ManCaves as well.

The Fieldays were well supported by

Presidents from regions nearby and our

new chairman Dave Brown, a Posh chef,

was on hand to dish up a real man’s feed.

The barbecue was kept busy, sirloin was

on the menu and the boys had a cow of

a time. The brazier was also a real hit in

the Waikato chill and attracted a lot of

punters.

The display model ManCave was sold and

several orders for more were taken.

Warwick even had a scrapbook set up

to occupy the children in the ManCave

and they filled the whole thing during

the event – Warwick always thinks of

everything.

Warwick cooked up a great sirloin

sandwich for Dave Brown and

Grant Boylan from Auckland.

Every bloke needs a

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

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

Man Cave!

AROUND THE REGIONS Waikato


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

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

The Waikato committee secured advertising on the

courier drop off building at the entrance to the

Fieldays site thus ensuring our brand

is highly visible.

Auckland President Grant Boylan does a star turn.

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


Members Only!

For the first time

ever, Gold Card

Members can log

on to the Members area. You

will have to go through a simple

password setup procured to gain

access, but you only have to do

this ONCE.

The brand new Certified Builders Members Area has gone live. Gold and Platinum

members can access the members’ area that is full of tips, tools and other items of

interest to help manage your business and ensure you are up to scratch with latest news,

regulations and important information.

The very easy to navigate Members Area offers:

• Events Calendar – This handy calendar will show if you have any upcoming

regional meetings, events or roadshows in your region

• Online Shop for all your clothing, stationery & branding needs

• Member Benefits including:

o Deals & Discounts

o Business Services

o Free helplines

o Regional Suppliers and their contact details to name a few

• Knowledge Centre:

o Download Centre brings you the latest downloads from industry

o Video Library – the CBANZ ToolTube Channel with step by step videos

on the LBP process and Marketing (new videos added periodically)

• Employment Centre – Whether you are looking for an apprentice, a full

time employee or if you are looking for a job, hop online and check out

the Employment Centre

• inhouse Online – View past issues of our very popular magazine to

ensure you have all the LBP points you need

• Association Info – This section puts all contacts at your fingertips, it lists

your Regional Committee, Board of Directors, CBANZ Team, Builtin &

CBA Insurance Team and much more

NEW

!


as

Danny Jacobson & Trudy Marshall e2Law — Employment &

Environment Law

The following questions have arisen in

cases in which e2Law has recently been

involved:

DEALING WITH POOR PERFORMANCE

Q: We are a medium sized building

firm with a focus on ‘design

and build’ work in residential

building sector. We are concerned

about the performance of one

of our design staff. The quality

of his work has really dropped

off and he is regularly making

mistakes, including in work that

he is preparing and sending out

to clients. Each time there is a

mistake, we have discussed this

with our employee informally to

ensure that we are communicating

with him and encouraging him

to check and recheck his work for

accuracy. However, despite our

regular discussions, the mistakes

are continuing. What should we do

now?

A: We recommend that you commence

a performance monitoring process

which is sometimes also called

a performance improvement

process. The requirements for this

process may be included in your

employment agreement with this

employee. If not, such a process

usually requires that you set out in

writing your expectations, where

the employee is not meeting

those, and the period required for

improvement. You need to meet

with your employee regularly during

the performance monitoring period

in order to give clear feedback as to

his performance. It should be made

clear to him that if there has not

been a significant improvement at

the end of the monitoring period,

you may commence a disciplinary

process which could result in a

formal warning. Poor performance

can ultimately justify dismissal

if, taking into account all of the

circumstances, this is an action that

a fair and reasonable employer

could take.

RESIGNATION NOTICE PERIOD

Q: Our company is involved in

commercial building and we

operate in a very competitive

environment. One of our

employees recently resigned giving

the four week’s notice required

under his employment agreement.

Our general manager decided

not to require him to attend

work during his notice period,

advising him that he was stood

down on ordinary pay for that

time. The employee was told that

he remained an employee and

he would be paid as usual during

the four week period. On the

Monday following his resignation,

we learned that the employee had

commenced work for a competing

company. We are concerned that

he will be able to contact our

customers and will be competing

with us while still on our payroll.

Surely, he cannot commence

work elsewhere while he is still

our employee. What is the legal

position here?

A: Yes, you are correct that he cannot

commence work elsewhere.

Although he is not attending

work, your employee remains your

employee for the four week notice

period. As such he continues to

owe a duty of fidelity (loyalty) to

you and he would be in breach

of this duty if he is working for a

competing company at the same

time. You should immediately

put him on formal notice to cease

and desist working for the other

employer and reserve your rights

to pursue legal action in the event

you suffer any loss as a result of

his actions. If the situation is more

serious and he is already causing

loss or likely loss to your business,

you may have grounds to consider

seeking an urgent injunction

requiring him to cease working for

your competitor during the notice

period.

CASUAL AND PART TIME EMPLOyEES

Q: I am a “one man band” tradesman

at the moment. I have really

increased my customer base in the

last few months and I don’t see this

letting up as I am usually busy in

the spring and summer periods. I

am keen to take on an employee

but at this time will probably only

need someone between 15 and 20

Q&A – the law at work


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

(The above is by its nature general, and is not intended to be a substitute for legal advice).

hours per week every week. I want

someone reliable who turns up

for work at the agreed days and

times. Do I advertise for a casual

employee?

A: We regularly encounter confusion

between casual employees and

part time employees. There are

important differences. Based

on the information you have

provided, you will be looking

for a permanent part-time

employee. This is because you will

be offering regular work within

a certain range of hours and you

will be expecting this employee

to turn up for work when you

have scheduled him to work. For

employment to be truly casual,

the work is usually only available

intermittently or irregularly and

there is no obligation on the

employer to offer work, or

on the employee to accept

it. You can create flexibility in the

employment agreement with a part

time employee by including a ‘no

work, no pay’ clause, as well as a

clause enabling you to increase or

decrease hours of work following

consultation.

Grab yourself some new Certified Builders brochures

– a great FREE marketing tool to include with your

quotes and invoices.

FREE for all members!

Order yours at the new online shop on the

Certified Builders Website

www.certified.co.nz

Attention

Platinum Members!

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


IRD’s new mobile web app makes it easy

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

Inland Revenue has developed a mobile

web application that gives you access to

a selection of our online services. You can

log on and interact with us from any-

where at any time.

The new app is available to all people

who have a smartphone or tablet. Before

you get started, you’ll need to be regis-

tered for Inland Revenue’s online services.

If you haven’t registered yet, don’t worry

– you can do so through the app.

What does the app offer you?

Firstly, you can view and amend your per-

sonal details on file with Inland Revenue,

including your address, email address,

phone number, and bank account.

You can view current-year tax deductions

from your salary or wages, and those

with Working for Families tax credits or

child support arrangements can view

their entitlements.

Do you have a student loan?

You’ll be able to view current-year

student loan balances and payments.

Student loan accounts at Inland Revenue

now include information from StudyLink.

As mentioned above, you can register for

and activate your online services account.

Once you have an account, you’ll not

only get access to the app, but also our

complete range of services.

Finally, you can use the app to reset your

user ID and password.

We’re working hard to add to and im-

prove our online services because many

of our customers find interacting with

us online is faster and more convenient

than contacting us by phone, or filling

out paper forms. The app is a natural

extension of our online work programme

and recognises that busy people increas-

ingly want to use their mobile devices

to handle their personal and financial

affairs.

After a period of time, we plan to review

user feedback and upgrade the app to

include more features.

Where can you access the app?

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

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

side of the homepage.

Why not go in and have a test drive?

August/Sept 2012 Inhouse

Documents

Transcript of August/Sept 2012 Inhouse