Professional Documents
Culture Documents
NOVEMBER
2017
LEADER.
THIS ISSUE:
LICENSED BUILDING
PRACTITIONERS
Exempt Building Work,
Part 3
HEALTH & SAFETY
Managing and working with
hazardous substances
ECONOMICS
New government needs to
address housing affordability
LEGAL
Dispute resolution in
construction
HEALTH & SAFETY
Busting common myths
about working at height
BUSINESS
The gift of Christmas
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In the frame TRADE
BY MIKE GUY, CARTERS CHIEF EXECUTIVE LEADER.
CARTERS Trade Leader is produced
by TLP Media Ltd 11 times a year in
association with CARTERS.
As this issue of CARTERS Trade We also take quite a strong health and
Leader was due to go to print, an safety focus in this issue, in areas from MANAGING EDITOR
Scott Wilson
announcement had just been made hazardous substances to working at
P: 021 725061
as to the make-up of the New Zealand height, the latter of which raises some
E: scott.wilson@tlpmedia.co.nz
Government. concerns about incorrectly installed
This section of this publication is safety nets. LAYOUT
always one of the last to be put Maintaining the safety of our work Kaz Graphic Dezign
together, and I had been waiting to see places, and those who work in them,
PRINTER
what the outcome of coalition talks is paramount and its essential we get Nicholson Print Solutions
was going to produce before getting it this correct right across the board.
completed. As always, if theres anything we ENQUIRIES
TLP Media Ltd, PO Box 21081
The recently-announced Labour/New can help you with, dont hesitate
Hamilton 3256
Zealand First coalition Government to get in touch with your CARTERS
E: tlpmedia@tlpmedia.co.nz
with support from the Greens - will representative or call into your local
face the same issues for the next branch.
three years as those in power for the ISSN 2463-3550 (Print)
previous term did. ISSN 2463-3569 (Online)
FREE
* 3000
$ (excl GST)
or more on
James Hardie
meet demand.
products
3
W E AT H E RT I G H T R I G I D A I R BA R R I E R
N OW W I T H
180 day
exposure
Ecoply Barrier can now be left
exposed to the elements for up
to 180 days before the cladding
has to be installed.
BARRIER
SPECIFICATION &
INSTALLATION GUIDE
J U LY 2 0 1 7
www.ecoplybarrier.co.nz
Information contained within is specific to Ecoply Barrier structural plywood products and must
not be used with any other plywood products, no matter how similar they may appear.
For more information on the Ecoply Barrier system and how this could benefit you, visit: www.ecoplybarrier.co.nz or call Freephone 0800 326 759
16. HEALTH & SAFETY
5
INDUSTRY NEWS
6 carters.co.nz
INDUSTRY NEWS
7
LICENSED BUILDING PRACTITIONERS
1 of the Building a. disclose the full extent of the Easy to access and replace
building work to be undertaken; elements such as coatings
Act 2004. MBIE has b. seek to obtain the advice in (paint) and light fittings must last
issued guidance writing so that they have a
means of verifying it or, if written
a minimum of five years.
Moderately difficult to access
on Schedule 1 with advice cannot be obtained, that and replace elements such as
helpful and practical they make a contemporaneous
record of the enquiry and verbal
interior wall linings, claddings or
windows must last a minimum of
examples. response received; and 15 years.
c. if in doubt seek professional
Difficult to access and replace
BUILDING WORK THAT DOES advice as well from an engineer
elements, or critical components
NOT REQUIRE A BUILDING or similarly qualified person.
of a building, such as structural
CONSENT wall framing or foundations must
EXEMPTION 1 GENERAL
https://www.building.govt.nz/ last a minimum of 50 years.
REPAIR, MAINTENANCE AND
projects-and-consents/planning-a-
REPLACEMENT BUILDING CODE CLAUSE B2
successful-build/scope-and-design/
Exemption 1 allows you to repair, DURABILITY
check-if-you-need-consents/
maintain or replace building elements https://www.building.govt.nz/
building-consent-exemptions-for-
without needing to obtain a building building-code-compliance/b-
low-risk-work/schedule-1-guidance/
consent provided a series of stability/b2-durability/ has further
has further information
conditions is met. You cannot use this information.
Dont forget to check if you need
exemption on work that is sanitary
a building consent by reading the CONDITION 2
plumbing work as this is covered by
guidance and contacting your local
exemptions 3238. Replacement of any element
building consent authority. This will
incorporated in or associated
help you avoid fines from councils
with a building is exempt
or penalties from the Building CONDITION 1
building work provided that a
Practitioners Board (the Board).
The repair and maintenance of comparable element is used and
any element incorporated in or the replacement is in the same
associated with a building is position.
exempt building work provided
that comparable materials are
This is commonly referred to as a
used.
like-for-like replacement but this
8 carters.co.nz
LICENSED BUILDING PRACTITIONERS
9
HEALTH & SAFETY
Highlighting
safety net issues
Worksafe New WHAT HAPPENED?
Zealand recently In the last few months, we have been notified of several incidents involving the
failure of safety nets for workers working at heights. These incidents resulted in
issued a Safety workers being injured some very seriously.
Alert highlighting A fall from height can cause serious harm to a worker (or any other person).
Installing a safety net below a work area at height reduces the chance a worker
the serious health will be harmed if they fall.
and safety risks for However, these incidents highlight the importance of setting up safety nets
poorly installed safety WHAT WE KNOW nets are not being installed to
nets as protection In each of the incidents that we have allow for deflection (installed too
investigated, the failure fell into two tight or too loose);
against a fall from categories: incorrect installation or brackets are not being installed to
height. non-compliant product. withstand shock loading;
Some of the key failures that we have brackets are being installed into
found: non-load-bearing structures/
nets that are well below an knotted wood causing the bracket
acceptable standard for use on to pull/break away if a worker falls
site; into the net;
10 carters.co.nz
HEALTH & SAFETY
11
HEALTH & SAFETY
commonly elevating work platforms, like a If you often work at height, its a
cherry picker, and using a harness, good idea to regularly practise and
asked questions. you should ideally be protected by review your rescue plan that way
a double lanyard system fitted with if the worst does happen, everyone
a short energy absorber or fit for will know what to do and no-one will
purpose self-retracting lifeline (SRL), hesitate.
fixed to a certified anchor point.
ARE YOU COMPETENT?
The worker operating the lift must be
If you or your workers are wearing a
Site Safe is a not-for- competent in its use.
profit, membership-based
harness, youll need to be trained and
organisation that promotes, Make sure to follow any instructions competent. Only trained and competent
inspires and supports a given by the manufacturer.
culture of health and safety
people can install and use harness
in New Zealand construction. People must work inside guardrails systems on site. Untrained workers must
and not reach or climb over the rails. be trained by a qualified person before
12 carters.co.nz
HEALTH & SAFETY
they are permitted to use a harness harness for personal fall prevention To get these Unit Standards, check
system. They will also need to be when working at height. If you are out Site Safes Height and Harness
supervised at all times by another involved in planning, installing, Safety and Fall Arrest Systems
worker who is also trained and operating fall arrest systems and courses. To learn more about how
competent. For workers completing supervising staff, NZQA Unit Standard to do a risk assessment, download
basic work, a recommended way 15757 Use, install and disestablish the free Risk Guide from Site Safes
of showing competence isNZQA proprietary fall arrest systems when website or check out the new Risk
Unit Standard 23229 Use a safety working at heightis recommended. Management course.
13
HardieGroove
Lining
HardieGroove Lining with its tongue and groove look is suitable for use
as an internal wall lining, ceiling lining, semi-wet bathroom areas or even
your soffits and verandah ceilings.
Large panels allows for easy installation - perfect for your DIYer.
Managing
hazardous substances
This year will see changes to the Identify the majority of requirements you must comply
with for the substances in your workplace
laws around managing hazardous Access guidance material and legislation
16 carters.co.nz
HEALTH & SAFETY
5 TO SAFETY
STEPS
Use your Read the product Train your Have an annual Use the HSNO
Workbook to label and safety staff about the emergency drill Calculator to
make a list of all data sheet to find substances (not just a fire find out whether
of the substances out whether your they use and drill) you need the
at your workplace substances are how to protect Make sure staff following key
and how much hazardous themselves know how to HSNO controls:
you have of each Consider staff Provide staff with use the safety Fire extinguishers
substance. Your exposure to the correct safety equipment, Signs
Workbook helps hazardous gear personal Approved
you to record all substances Store only what protective handler
of the information Where possible, you need equipment and
needed to use Location test
get rid of Store your how to give first
the HSNO certificate
hazardous hazardous aid
Calculator. Hazardous
substances from substances in Be prepared for
atmosphere
your workplace labelled, leak- a spill.
zones
or isolate their proof containers Store your
use away from Emergency
Store hazardous
people response plan
incompatibles substances in
If any staff may labelled, leak- Secondary
separately
still be exposed, proof containers containment
Store gas (bunding).
minimise cylinders safely Store
exposure as incompatibles
Store oxidisers
much as possible. separately
safely
Be aware that Store gas
flammable cylinders safely
vapour can build Store oxidisers
up and accidently safely
ignite. Be aware that
flammable
vapour can build
up and accidently
ignite.
This booklet also includes information about the following key HSNO controls:
Approved filler Stationary container system test certificate Controlled zones Tracking.
17
BUSINESS INSURANCE
Are you
under insured?
Holding back on insurance can be tempting when moneys tight. But
managing your risks could mean the difference between going under
and thriving. Heres what you need to think about.
Most small businesses are buildings you own, e.g. from fire, find the best deals.
under-insured, says Insurance flooding or an earthquake. The sort of policy youll need will
Council of New Zealand NOTE: If you work from home, differ depending on the kind of work
Chief Executive, Tim Grafton. household insurance does not you do and where you do it, e.g. if
Its partly because owners automatically cover your property if youre:
are too busy sailing into the youre using it for work. a tradesperson working on
wind to keep ahead to think ASSET INSURANCE building sites;
about what could hit them offering professional services,
This covers items your business
from the side or beneath. e.g. IT or accounting;
owns, e.g. computers, furniture, tools
Insurance doesnt make risk
and stock, from things like loss and working from home, eg in your
disappear, but is one tool in
damage. Make sure you know what spare bedroom or garage;
your resilience and continuity your policy covers you for. There are a retailer.
planning. two main types:
to think about:
Use this list p track
sell to make
money.
youve got
of asse
ts like
your inte
llect
ist
Fill in what Common ual prop
COMMERCIAL VEHICLE
ks
cheques from
Undeposited
Some intellectual property, such as patents
LIABILITY INSURANCE
Copyrigh
ts
Petty cash Photocopiers
INSURANCE
ble Designs
Accounts receiva Office furniture
investments
assets
Other current
Other fixed assets Other intan
gible
18 carters.co.nz
BUSINESS INSURANCE
19
BUSINESS
ACCORDING TO WIKIPEDIA THE TWELVE Anything given other than cash will generally be
DAYS OF CHRISTMAS IS A 12-DAY PERIOD, subject to Fringe Benefit Tax and these include gifts
CELEBRATING THE CHRISTMAS NATIVITY, of food or drink, if the employee can choose when
STARTING ON CHRISTMAS DAY AND to enjoy them. Fortunately, FBT is not charged on
TRADITIONALLY A PERIOD OF FASTING. OH, unclassified fringe benefits such as these, so long as
HOW TIMES HAVE CHANGED. two exemptions are met.
It transpires that the twelve days of Christmas 18th The first exemption is the general employee
century carol synonymous with the festive season has exemption. This means that FBT is not charged as
my true love sending an ever-increasing quantity long as the unclassified fringe benefits to a single
of gifts to a much-loved recipient (who is probably at employee do not exceed $300 per quarter.
a loss with what to do with the 30 Lords a Leaping). The second exemption is the maximum employer
In fact, the total number of gifts comes to 364 - or exemption which means that the total unclassified
376 if the pear tree is included. The total cumulative fringe benefits to all employees must not exceed
cost of all goods and services for the tongue-in- $22,500 per year.
cheek Christmas Price Index has been estimated at
To be exempt from the FBT regime, an employer must
NZ$48,187.19, or $219,408.44 for all 364 items.
meet both criteria.
Gift giving has become an essential part of Christmas
If the thresholds are exceeded, then all benefits will
and, within the context of employment, its no
be subject to FBT, not just the excess amount. So,
exception. Irrespective of accounting balance dates,
provided the exemption levels can be met, giving a
Christmas marks the end of the calendar year and
present can be more tax-effective than paying cash.
provides a traditional time when the performance of
valued employees can be recognised with something A firm once gave each employee a $100 note at a
a little special. Christmas breakfast, and then two hours to buy
themselves a present - provided they brought back
Employee recognition should be considered
the receipt and any change. Some discretion was
akey ingredient in your business mix. Rewarding
required in what was bought, but only because the
exceptional employees for excellent work boosts
event was followed by a show-and-tell. Here, the
morale, increases productivity and innovation,
employees were acting as agents of their employer to
and helps retain top performers. However, such
buy themselves a gift. Provided the thresholds were
recognition brings with it the very non-festive tax
not exceeded, this was free of FBT. It was not subject
consequences of showing that recognition.
to PAYE because the cash they received was not
As a general rule, gifts of cash, or vouchers which theirs.
can be redeemed for cash, are treated as additional
So, as we prepare for the coming Christmas craziness,
remuneration and are subject to PAYE. Even though
keep in mind the thirteenth day of Christmas, when
a Christmas bonus may be considered a gift, rather
my true love brought to me a fringe benefit tax return.
than remuneration for work done, such payments are
still considered pay for work. The amount
of PAYE to be charged on a one-off Shane Storey has more than 20 years experience in
financial accounting and is the Managing Director of
lump sum depends on the tax accountancy specialists Storey & Associates, which
bracket of the employee. offers innovative and creative solutions to business and
investment needs and valuable business development
advice. Storey & Associates can be contacted on
(06) 355-4647, via email at administrarion@
storey-associates.co.nz or visit their website at
storeyandassociates.co.nz
20 carters.co.nz
Best Practice Series
No 4 - Wall Installation
FOR MORE INFO VISIT GIB.CO.NZ OR CALL THE GIB HELPLINE ON 0800 100 442 JUNE 2017
LEGAL
Dispute resolution in
construction
What are your options?
n BY JAMES SKINNER AND CAMERON PATERSON
Builders do not enter into construction In order for the mediation process
to be effective, parties need to be
contracts with a view that the project will end willing to engage with the other
party to the dispute and be willing
in a dispute. However, it is important builders to compromise on their position to a
know the options available to them should a certain extent. Therefore, mediation
can be a useful tool when the parties
legal dispute arise. to the dispute are amicable or
somewhat civil toward each other
There are three main types of dispute dispute resolution process in the to the extent that meeting in a room
resolution used in the construction construction contract which will then would likely lead the parties solve
industry. They are, mediation, need to be implemented. their dispute.
adjudication and litigation. In this MEDIATION The pros of mediation are vast as set
article we examine the details of out below:
Mediation is where an independent
each of these three options, and we
mediator helps resolve a dispute It can settle a dispute quickly;
explore how builders can implement
in a semi-formal and confidential It gives the parties a chance to
positive professional habits to
environment. In meditations, all get their respective positions
prepare themselves for any of the
parties to the dispute are usually across to the other side in a
three dispute resolution options. present along with their legal constructive way;
THE CONTRACT representatives. It can be cheaper than other
When a dispute arises, it is important The mediators role in the mediation forms of dispute resolution as
to firstly check your construction is to simply facilitate the discussions ongoing lawyers fees and court
contract to establish whether or not and to clarify parties position and costs stop mounting.
a specific dispute resolution process arguments in a constructive manner, The cons of mediation might be:
is to be implemented. It can be the with the ultimate goal of settling
There is no guarantee that the
case, depending on your contract, the dispute at the conclusion of the
dispute will settle.
that the parties agree to a specific mediation.
It can be confrontational and
tense as all parties are in one
room together for the mediation;
Good mediators fees can be
expensive;
ADJUDICATION
Adjudication is a unique fast track
process where most disputes are
resolved in relatively quick fashion
from the time the process is initiated.
Under the Construction Contracts
Act 2002, any party to a construction
contract is entitled to refer a dispute
arising under that construction
contract to adjudication except where
the parties have agreed to refer the
disputes between them to arbitration
and the arbitration is an international
arbitration.
22 carters.co.nz
LEGAL
The party who initiates the documents in response. parties obligations moving forward.
adjudication (the claimant) The adjudicator then has 20 working The end result of litigation is a
commences the adjudication by days to issue his or her written Judgment which is an indisputable
serving a notice of adjudication determination after receiving the document setting out a Judges
on the other party or parties (the respondents adjudication. determination of the case, and, with
respondent(s)). There are a number the exception of appeals, is a final
of requirements setting out what LITIGATION
determination.
must be included in the notice of Litigation is the formal court process
adjudication including, the nature for resolving disputes. The Court CONCLUSION
of dispute, parties involved, remedy system can be a slower and more It is important to seek professional
sought, etc. expensive option. Although it is advice when a construction dispute
An adjudicator to determine the recommended that lawyers are arises. Determining what the best
claim must then be appointed within engaged for all the dispute resolution dispute resolution process is at the
five working days. This can either processes discussed in this article, beginning of a dispute will help
be done by the parties agreeing filing proceedings in the Courts ensure that the dispute is dealt with
who they would like to appoint, or will likely require either a lawyer or in the most cost effective way and
by requesting a nominating body to someone with knowledge of Court will give you the best chance at
appoint an adjudicator. processes to assist. obtaining the best outcome.
C O N T E M PO R A RY
P LY W O O D S O L U T I O N S
www.shadowclad.co.nz
ECONOMICS
24 carters.co.nz
ECONOMICS
3,000
IN TERMS OF RELEVANCE TO THE
2,500
BUILDING INDUSTRY, ONE ECONOMIST
ESTIMATES THAT THE LEVEL OF 2,000
Jan-02
Jan-03
Jan-04
Jan-05
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Jan-07
Jan-08
Jan-09
Jan-10
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Jan-12
Jan-13
Jan-14
Jan-15
Jan-16
Jan-17
Jan-18
Jan-19
PRICES IN GENERAL RATHER THAN
DOUBLED IN THE LAST EIGHT YEARS.
The result is a growing percentage of people Number of Consents for New Houses
Source: Statistics New Zealand
who would like to own a new home being 2,500
priced out of the market. This is becoming of 2,300
growing relevance in the likes of Hamilton, 2,100
1,900
Tauranga and Queenstown as well as some
1,700
other markets. 1,500
1,300
Removing urban limits that give huge pricing
1,100
power to landowners in the zoned areas, 900
changing how new infrastructure (e.g. water, 700
sewage and roading) is funded and speeding 500
Jan-02
Jan-03
Jan-04
Jan-05
Jan-06
Jan-07
Jan-08
Jan-09
Jan-10
Jan-11
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Jan-18
Jan-19
up the delivery of new infrastructure are the
critical steps National didn't implement. These
steps are needed if the housing affordability
problem is to be fixed. Monthly Net External Migration (2)
Source: Statistics New Zealand
This is a challenge facing the new 7000
government. If it is going to represent New
6000
Zealanders at large and take into account that
having affordable housing is important for the 5000
well-being - financial and otherwise - of future 4000
generations rather than just existing property
3000
owners, steps along these lines are needed.
Again, it is important for the building industry 2000
because only by improving affordability is 1000
there a genuine chance of growth in the 0
housing stock catching up with growth in the
-1000
population.
Jan-02
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FOOTNOTES
(1)The lowest of the average floating and various fixed
mortgage rates charged by the largest mortgage
lenders
(2) Adjusted by Statistics New Zealand to remove the
seasonal pattern Monthly National Section Price (3)
(3) Median section price reported by REINZ ($000)
Source: www.reinz.co.nz
280
Minimum Mortgage Interest Rate (1) 260
Source: www.goodreturns.co.nz 240
10
220
9 200
180
8
160
7 140
120
6
100
5 80
60
4
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25
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Advantage 2017 adventure
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l
every day is 1955, youll love the amazing pastel coloured architecture and an
or to find out more, speak to your CARTERS Account Manager.
CUBA
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