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SEE INSIDE FOR CHANCES TO WIN GREAT PRODUCTS Offers open to account holders only Call 0800 M10 TRADE to find out more All prices and offers in this publication are valid from Wednesday January 1st – Friday January 31st 2014 from participating stores.

FOREWORD Bring on the good times… but be prepared Welcome back to your jobsite for 2014. I hope you have all had an enjoyable and safe break over the festive season. As this issue was going to press, the was a lot of confidence coming out of the Beehive in regards to the New Zealand construction sector, but it’s been tempered by a note of caution. Building and Construction Minister, Maurice Williamson, has said the Christchurch rebuild, increased housing demand in Auckland and the need to repair leaky homes is something that is set to ignite the building and construction industry in the next few years. With a projected demand expected to peak in 2016, Mr Williamson has said the industry needs to be prepared and have the skilled workforce it needs. That means we need to start preparing now as an industry and ensure we’re ready to make the most of what’s coming up as the demand increases. We’re all still well aware of how difficult it was to survive and thrive when the Global Financial Crisis got a grip on the world’s economy. Now it’s time to reap the rewards of an economy that’s becoming increasingly buoyant. Add to that the recent Reserve Bank decision to exempt new houses from the 20% bank loan threshold and the industry is ripe for growth. This decision is a good one and will do a lot to support the industry. Make sure you’re prepared to get your share. As the year starts, make sure you take care on your site, follow the necessary safety procedures and ensure the health of yourself and your works. I’m looking forward to Mitre 10 Trade being a big part of a huge 2014 with you all.

Andrew Cochrane, General Manager Trade Mitre 10 (New Zealand) Ltd

CONTENTS 2 5 6 8 12


Glenfield MEGA


Merger of ITOs


14 15 16 18 20 21

The BCITO has announced the coming together of the Joinery Industry Training Organisation (JITO), DecorateNZ/FloorNZ and the BCITO will merge to form one ITO under the BCITO banner from 1 January next year.

Topographic zones

In this month’s BRANZ column, we look at how NZS 3604:2011 topographic zones work in light of buildings being built on exposed sites like hilltops.


The Standards New Zealand contract NZS 3910 is the most

widely used standard form of contract conditions in New Changes to standard building Zealand. Carolyn Culliney from Meredith Connell takes a closer look. contract



Former boxing trainer, Simon Burden, is Trade Manager at Mitre 10 MEGA Glenfield and is leading the way in moving the trade side of the business forward. Key people, an understanding of the trade and building culture and passion for the role are key attributes.

The Certified Builders Association of New Zealand, has said the Reserve Bank’s announcement that new residential construction loans will now be exempt from the loan-to-value (LVR) restrictions will have a positive effect on house supply in Auckland.

MEN’S HEALTH The month of Movember has come to an end, the Mos

Movember successful again!

have gone (well, in most cases) and stories have started to emerge around the country of some of the extremes people have gone to in raising funds for this great cause.


The Building Amendment Act 2013 has been amended to introduce several new measures to protect consumers and encourage the building and construction sector to ‘build right first time’, delivering good quality, affordable homes.


Asbestos awareness in Christchurch Canterbury rebuild have recently raised concerns at the way in which asbestos material is being managed on a number of work sites across the region.

Changes to Building Act

LEAKY HOMES In the ninth article in a series on weathertight

Making the most of opportunities

remediation we investigate where to from here for a builder who may be considering this line of work or who is maybe just looking for more information on the whole subject.


Sprintcars drivers Glenn Torpey and Caleb Brooks, as well as V8 Ute racer, james ‘Huggi’ Urquhart, have been competing around New Zealand. Keep up-to-date with their progress.

Mitre 10 Trade Racing news

APPRENTICE Range of jobs to end the year

Amongst a number of different jobs to have completed towards the end of the year, apprentice James Goldstone has been working on challenging deck extension.

COMPETITION Stuff to win, points to earn /LBP COUPON Don’t miss the back page

Cover: Builder Minwoo Shim (left) and Glenfield Mitre 10 MEGA Trade Manager Simon Burden Volume 7, Issue 7 January 2014 Mitre 10 In Trade magazine is published 12 times a year in association with Mitre 10.

Managing Editor

Scott Wilson Phone: 021 725 061 Email:

Sales Manager

Chris Yates Phone: 027 573 2005 Email:


Adrienne Jervis Carolyn Culliney – Meredith Connell BRANZ BCITO Certified Builders MBIE Robert Dunne – Movember New Zealand James Goldstone


Nicholson Print Solutions


ReFocus Media Ltd P O Box 21081 Flagstaff Hamilton 3256 Email: MMS Publishing reserves the right to accept or reject all editorial or advertising material. No part of In Trade magazine may be published without the express permission of the publisher. All rights reserved. Opinions expressed in In Trade magazine are not necessarily those of Mitre 10 or the publisher. No responsibility is accepted for the suggestions of the contributors or conclusions that may be drawn from them. Although the publisher has made every effort to ensure accuracy, the reader remains responsible for the correct use and selection of any tools, materials and systems followed, as well as the following of any laws or codes that may apply.



Getting the competitive edge Minwoo Shim (left) and Simon Burden

Trade Manager at Mitre 10 MEGA Glenfield, Simon Burden, knows how to pack a punch. The former boxing trainer, who now boxes for fitness, is a heavyweight in the trade industry. Simon has more than 11 years experience in the building industry, having spent most of his working life in the trade. Born and bred in Dunedin, he began working in the timber yard of a well-known national building supplies merchant in 2002. After moving to Auckland in 2003, he took on multiple roles for the company. He held a Residential Account Manager’s position for six years before taking on the role of Key Account Manager in commercial construction. Assigned some big construction companies, Simon was responsible for the management of sales and developing relationships with these customers. He recently joined the Mitre 10 group as it offered an exciting opportunity to drive Mitre 10 MEGA Glenfield’s trade business. The role not only provides him with a great opportunity to move the business forward, but also offers a personal challenge. “I see the massive opportunity for us, as a business, to grow,” he says. Internally, there has been a focus on getting key people into the business, and enhancing their understanding of the trade and building culture. Externally, Simon and his team are striving to raise the store’s profile among the building industry by becoming actively involved in trade events. They recently participated in a Master Builders golf day and held a successful trade breakfast. “We want to raise awareness and show we are serious about builders, not just DIY,” says Simon. “We want builders to know what we’re up to and that we’re going to succeed.” Although Mitre 10 MEGA Glenfield has always had a trade department in recent times the market has increased and the trade team is determined to be at the forefront of this growth. Simon says there is a collective hunger among the team and that a positive culture prevails among the team.


PROFILE favourite beach haunts are Muriwai and Omaha. Simon also enjoys spending time with his wife, family and friends. The store’s General Manager, Patrick Britton, is proud of Mitre 10 MEGA Glenfield’s continuous retail success. The store is often a nominee and a winner at the annual Mitre 10 Awards. “It has also shown good growth since its opening in December of 2006, in a very competitive market. It is now time to build on this success with our trade offering,” he says. Patrick says the store has shown good steady growth in trade, particularly over the past two years. The aim is to escalate this and widen the offer to both new and existing customers. Bringing Simon on board is a key driver to the store’s future growth strategic planning. “He brings a wealth of experience and knowledge that he can share with the existing team. We’re also expanding our team members, trade reps and rep support. Trade Manager: Simon Burden

“We want to raise awareness and show we are serious about builders, not just DIY,” says Simon.

“With a well-established sister store at Onehunga, we are in a great position to service our customers north and south of the bridge. “Trade is all about business to business relationships, ensuring the varying requirements of our customer network are met on a daily basis.” Although it’s still early days, Simon’s influence is already helping to raise the bar in the key areas of Mitre 10 MEGA Glenfield’s trade offer including range and depth of stock, operational standards and great customer service, to both DIY and trade customers.

“Everyone’s willing. There is no complacency. From management through to the casuals of the floor, there’s a fair bit of drive.” “They’re happy to be at work and all share the vision to succeed. It’s crucial that we understand how builders think as our goal is to fulfill their expectations.” The trade store has been remerchandised to aid efficiency and streamline product. “We’ve got rid of old stock and have upped stock levels of products that are used day-to-day,” says Simon, whose extensive industry experience and understanding of trade competitors is a huge bonus to the business. “Another major focus is strengthening our supplier relationships.” Simon is a member of an Auckland boxing gym and, up until a couple of months ago, he was actively sparring twice a week. When he’s not working out, he likes to head to the beach for some swimming and surfing. The former Dunedin lifeguard’s

Trade Account Manager : Michael Tonner


PROFILE Customers Minwoo Shim, director of Inter-Metro Construction, founded his business in 2007. A qualified builder with 10 years experience, Min and his team specialises in new homes and recladding, mainly on Auckland’s North Shore. They are experts at recladding leaky homes and have spent the last six months working on a large reclad project.

Builder Shane Lawrence

Three years ago Inter-Metro Construction became a Mitre 10 MEGA Glenfield customer. Min had shopped around various building suppliers and checked out their prices. However, it wasn’t just Mitre 10 MEGA Glenfield’s competitive pricing and willingness to offer him credit that attracted him to the business. His first account manager looked after him well. “ Mitre 10 cared about my business,” says Min. “Michael Tonner is my Account Manager now and he looks after my needs.” In store on a regular basis, Min appreciates the team’s open, welcoming attitude. “There is often a negative atmosphere in other stores but in Mitre 10 MEGA Glenfieldt everyone is friendly. The system, in store, is quite easy too.” Most of the time the store has the products required by InterMetro Construction. “If they don’t have it in stock they find it for me,” says Min, who commends the store’s commitment to continual improvement and professionalism. Min enjoys the building industry because of the variety of work it offers, and the satisfaction that can be gained. Every single project is different. He gets a great sense of achievement at the end of the job and especially likes the compliments he receives from his clients. Min and Mike

He says some of the reclad jobs are quite complicated and their complexity, particularly in new houses, requires the expertise of a qualified and experienced team.

Trade needs met for S & R Builders From new homes to renovations and additions, S & R Builders work across the spectrum of the building industry. Widely experienced, Shane Lawrence, has been in the trade for 22 years and runs a crew of four or five. About three months ago Shane started looking around for another supplier as he’d become disgruntled with the service he was receiving. “Things weren’t happening,” says Shane. “Supplies were late. It was time to look around.” Being a trade person, Shane expects good customer service and to have his needs catered for. He says his orders need to be correct. Up to the time he started shopping around for another supplier Shane didn’t know much about the trade side of Mitre 10 MEGA’s business. He was impressed by what he discovered. Not only did the Glenfield store offer competitive pricing and everything he needed, his Account Manager, Michael Tonner, was very proactive. According to Shane, Mike’s always been on the money. “One phone call and he’s on the job. He’s goes that extra distance to help. Recently we needed some cedar weatherboard for a renovation job and Mike went out of his way to find the product. If only more people were like him.” Shane also enjoys the in-store service, describing it as a great place to do business.


TRAINING BCITO announces merger The BCITO is very proud to announce the coming together of three ITOs. This will bring the BCITO one step closer to realising the vision of its Board; to create a single construction and infrastructure ITO. Over the past year the BCITO has been in discussions with a number of potential merger partners. We are delighted that the Joinery Industry Training Organisation (JITO), DecorateNZ/ FloorNZ and the BCITO will merge to form one ITO under the BCITO banner. This will take place on 1 January 2014. This union of three ITOs will bring about gradual positive change for our industries. As the number of specialist trades under BCITO coverage will increase substantially, we’ll be better placed to focus efforts and resources in this space. A new Specialist Trades Group will be established and headed by Greg Durkin, former CE of FloorNZ/DecorateNZ to service these trades. The three ITOs have a long history of working together on joint projects within the BETA Group of ITOs, as well as having recently collaborated on the Allied Trades Cluster Targeted Review of Qualifications. We are all enthusiastic about the opportunities which come from having these related construction trades together within the coverage of one organisation. It will give all our related trades a chance to learn from each other and work closer together.

For the BCITO’s current and new clients, nothing much will change. You’ll still continue to receive the same level of service as before. All your usual contacts and phone numbers will remain unchanged. Also, fees and billing will not change. Both new and existing BCITO clients will continue to be billed the same amount, and in the same way as before. You may however notice a few minor changes to some BCITO documents such as invoices, training agreements and letterheads. This will not affect how you currently deal with us.

If you have any questions or concerns about this merger, please don’t hesitate to contact your Training Advisor or call us on 0800 422 486.



Topographic zones By Roger Shelton, BRANZ Senior Structural Engineer

A reader asks, “How do the NZS 3604:2011 topographic zones work?”. With more buildings being constructed on exposed sites, this is an important question to understand.

We all know from experience that hilltops (and other exposed locations) have higher wind speeds than the valley floor, and the topographic classes T1 to T4 are a measure of just how much higher. Start with shape of ground The first step is to stand back and get an overall picture of the shape of the ground surrounding the site. Don’t get into too much detail. This is big picture stuff and is best done by a site visit. 6

Most of New Zealand’s hill country is ‘spur/gully’ formation where the land drops away on both sides of a hilltop, ridge or spur. This is a ‘hill shape’ in NZS 3604-speak. However, around the coasts or beside large river valleys, there are often ‘escarpments’ where the water

has cut away one side of the hill and the other side is relatively flat. Note that if the ground comprises undulations of less than 10 m (height of a threestorey house) or is flatter than 1:20, the topographic class is T1.

BRANZ Then smoothed gradient The next step is to determine the slope of the hill or ‘smoothed gradient’. This is also big picture stuff, and contours from a typical site survey will rarely extend far enough. The best source of information is a large-scale contour map or an online tool such as Google Earth.

The smoothed gradient is h/L. Where the distance L extends from the crest up the next hill, as can sometimes happen in steeper country (see Figure 2), take L as the distance to the valley floor.

Position of building

The hill slope is measured over either:

Next consider the position of the building site in relation to the crest of the hill (or escarpment):

• a distance from the hill crest of 3 x height of the crest above the valley floor (H), or • 500 m, whichever is less. Figure 5.2 of NZS 3604:2011 Timberframed buildings is misleading here, and an alternative is given in Figure 1.

• If it is within distance H (or 2H downwind for an escarpment), it is in the ‘crest zone’ where wind acceleration is a maximum. • If it is within 2H (or 4H downwind for an escarpment), it is in the ‘outer zone’ where wind acceleration is less.

• If it is more than 2H (or 4H), it is T1 because wind acceleration is not significant. Note that row 4 in NZS 3604 Table 5.2 is irrelevant for topographic class and should be ignored – it fits into Table 5.4. Note also, that the entry for ‘steep’ in Table 5.2 should have no upper limit.

Now the topographic class Finally, the topographic class T1 to T4 is determined from Table 5.3 using the information determined above.



NZS 3910:2013

The new standard form building contract: key changes by Carolyn Culliney The Standards New Zealand contract NZS 3910 is the most widely used standard form of contract conditions in New Zealand.

Terminology changes

It provides a standard form of general conditions of contract that can be adapted and incorporated into construction contract documents. NZS 3910:2013 was published on 1 October 2013. It is the first of three new standards that are being published in place of the NZS 3910:2003. These three standards are: • NZS 3910:2013 – Conditions of Contract for building and civil engineering – Construction. • NZS 3916:2013 – Conditions of contract for building and civil engineering – Design and Construction (published on 31 October 2013). • NZS 3917:2013 – Conditions of Contract for building and civil engineering – Term Maintenance (to be published in early 2014). In this article we summarise some of the key changes in the new NZS 3910:2013.

• Defects Liability Period is now ‘Defects Notification Period’; • Defects Liability Certificate is now ‘Final Completion Certificate’; • Contract Documents is now ‘Contract’; and • The definition of Net Cost now includes the word ‘reasonable,’ meaning the Net Cost will only include the ‘reasonable actual or assessed expenses or direct cost to the contractor.’

Carolyn Culliney is an Principal in the Commercial Corporate team at Meredith Connell. Carolyn’s practice encompasses advice on all forms of commercial contracts. Carolyn has a particular specialization in construction law and has been a guest speaker for the New Zealand Law society on the subject. Carolyn can be contacted on (09) 336 7500 or by email at


First, it is important to note that there are some distinct changes in terminology in the NZS 3910:2013. These are:

Cost Reimbursement Contracts The cost reimbursement provisions for cost reimbursement contracts have been substantially rewritten. In the former NZS 3910:2003, costs were paid, and parties could set out a particular method for calculating payment for any allowance for profit, which was tailored to the requirements of each contract. The new NZS 3910:2013 now sets out in clause 2.4 specific methods for calculating costs in cost reimbursements contracts. Firstly, parties will have to specify whether rates will be included when calculating costs. If rates are not included in the calculation of costs, costs will be calculated by default at net cost plus on-site overheads, off-site overheads and profit costs combined. In this situation, contractors will have to keep records of all these additional costs, and the engineer is entitled to inspect these records when requested. If rates are included, the parties must specify whether the costs calculation additionally includes the on-site overheads, off-site overheads or profit.

Bonds The biggest change to contractors’ bonds in NZS 3910:2013 is that pursuant to the new section 3.1.3, a contractor’s bond will only have an expiry date if the principal to the contract agrees to this. If an expiry date on the contractor’s bond is agreed, a replacement bond must be provided by the contractor one month before it expires. However, if practical completion has

LEGAL already been reached when the bond expires, a replacement bond will not have to be provided. This is because the bond release provision at section 3.1.7 provides that five days after the receipt of the practical completion certificate, the principal to the contract shall give notice in writing that the contractor and surety are released from the contractor’s bond.

Care of the Works and Site / Excepted Risks The Care of the Works and Site clause (clause 5.6.5) has been amended to impose an obligation on the contractor to urgently attend to any matters that have safety or environmental impacts and to notify the engineer of the loss or damage caused. This obligation however does not extend to the excepted risks (such as war, riots, terrorism and forces of nature). If it is necessary for a contractor to attend to these excepted risks, it will be treated as a variation to the contract. It is important to note that while ‘forces of nature’ are specified in the excepted risks, they are also subject to the insurance clauses. This means that any forces of nature included in the Special Conditions can be included in the insurance arranged by either party, and will not then be an excepted risk. For example if an earthquake is specified in the Special Conditions, it will not be an excepted risk, and as it will be included in the insurance arranged, any work arising as a consequence of this force of nature will not be treated as a variation to the contract.

Programmes A programme for the contract works is now a strict requirement, and must be provided to the engineer to the contract within 10 workings days of the date of acceptance of tender. If, due to the nature of the contract works, it is preferable to have a comprehensive programme (which includes detailed dates, sequence of works and a critical path network analysis), the parties can make this a requirement in the Special Conditions. If a comprehensive programme is required, the contractor will have 20 working days, instead of 10, to provide this programme to the engineer to the contract.

Advance Notification The Advance Notification clause (clause 5.21) is a new clause altogether for NZS 3910:2013. This clause requires the contractor and engineer to the contract to notify each other if they become aware of any matter likely to materially alter the contract price or contract works, or result in a breach of a statutory duty. Essentially, this clause acts as an early warning system for the parties to the contract, and allows for each party to require the other to meet to explore options to minimise or avoid the effect of such matters.

Defects Notification period The contractor now has 5 working days to remedy any defects or damage from the date of receipt of notice of such defects and damage from the engineer (as opposed to ‘within

a reasonable time’ as this clause was previously drafted). Alternatively the engineer can agree to another ‘reasonable’ time-frame in writing, which is in keeping with the previous contract’s provisions. Should the contractor fail to remedy the defects within the time-frame agreed between the parties, the engineer must now give a further 5 working days notice and if the defects are still not remedied within these 5 working days, the engineer can then appoint a third party to carry out remedial work required.

Disputes The disputes clause now provides: “every decision, valuation or certificate of the engineer shall be final and binding if neither party has referred it to the engineer or to adjudication within 3 months after it has been given, unless notice has been given to the engineer within that time” (clause 13.1.1). The only exception to this new clause is that it will not apply to a progress payment schedule.

Service of Notices Service of notices via email is now acceptable (clause 15). However, it is important to note that the sender has to keep evidence of the origin, destination and time of sending the email in question giving notice. We also recommend you amend the clause to require confirmation of receipt as under the Electronic Transactions Act 2002 an electronic communication is considered to be received at the time it enters an information system designated by the addressee for that purpose, or if no information system has been designated, then the communication is received at the time it comes to the attention of the addressee. As the sender cannot be sure when either of these events occur, a confirmation email avoids any ambiguity.

New Schedules There are also four new schedules: • Schedule 12 – Form of Contractor (or Subcontractor) Warranty • Schedule 14 – Off Site Materials Agreement • Schedule 15 – Practical Completion Certificate • Schedule 16 – Final Completion Certificate

Conclusion Although a limited revision, the NZS 3910: 2013 includes significant changes and improvements that will affect all users. Our article touches on a few of these changes and we recommend legal advice is taken before entering into a contract on the new terms. Meredith Connell has one of the largest construction law teams in New Zealand and regularly advises on, and drafts, construction contracts for major construction projects. If you would like to discuss any of the points raised in this article, do not hesitate to contact us. 9

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Certified builders applauds LVR decision Certified Builders Association of New Zealand, the country’s largest building trade organisation, has applauded the recent Reserve Bank announcement that new residential construction loans will now be exempt from the loan-tovalue (LVR) restrictions. Chief Executive Grant Florence was pleased that the Reserve Bank had listened to industry feedback and had responded accordingly. “The decision to exempt new residential construction from the loan to value ratio (LVR) restrictions will have a positive effect on

“The decision to exempt new residential construction from the loan to value ratio (LVR) restrictions will have a positive effect on house supply in Auckland and will help build confidence in the regions,” Mr Florence said. 12

house supply in Auckland and will help build confidence in the regions,” Mr Florence said. In November, he said that Certified Builders was concerned that the LVR restrictions were having a major impact on sales enquiries, which would ultimately impact future building activity across New Zealand. About Certified Builders: Certified Builders has approximately 2,800 individual builder members and 1,700 business member firms. This represents a substantial proportion of the builders actively involved in the construction industry in New Zealand. The majority of Certified Builders members are smallmedium building firms whose focus is on the more complex, architecturally-designed, residential and light commercial projects. It has some franchised or high-volume home building companies. All Certified Builders members must hold a formal trade qualification in the building/construction trade.


Movember a success, again!

For 30 wild nights and hairy days you fought the good fight. You rallied the troops and united under the Movember flag to stand for change. For that Mitre 10 Trade and Movember sincerely thank you. It was another fantastic year for Movember. The campaign has evolved, not only into an amazing awareness and fundraising movement, but it’s now the world’s largest men’s health organisation. While Movember is extremely proud of the growth it has experienced, it remains loyal to its humble originals which is real men, growing Mo’s and talking about real issues. It is thousands of Mo’s, conversations and small donations that have made Movember a success and this year the campaign was no different.

This year the Navy took it to their superiors to get involved. Until this year, Royal New Zealand Navy rules prevented sailors from growing a Mo for safety reasons, following tradition and British Royal Navy regulations. “Queen Victoria had the opinion that she didn’t want sailors to injure themselves at sea spending time styling their facial hair with a razor on a rocking ship,” said spokeswoman Victoria Rendall. However the Chief of Navy, Rear Admiral Jack Steer, decided to ditch tradition and gave the go ahead for all male navy personnel to grow a Mo for Movember. Commander Peebles, 31, who lost his father to prostate cancer, said he had been involved with Movember for eight years and was thrilled the navy had changed the rules.

15,000 Mo’s signed up to change the face of men’s health and, while New Zealand is now into its 8th year of Mo-ing, every year new stories emerge showcasing the lengths our community will go to raise funds and awareness.

“Tradition’s important, but I think promoting men’s health is just as important. My father has taught me the importance of getting regular health checks, and that it’s okay to seek help even for mental issues ... this is what Movember’s all about.”

It was fantastic this year to have a well-known mature Mo make the ultimate sacrifice. Martin Tasker came straight out of all the emotion of the America’s Cup and signed up for the campaign, Martin had not had a shave for 41 years so on the 1st of Movember 2013, the top lip got a hell of a fright, but after the initial shock Martin and his family enjoyed the new look and Martin has been encouraged to shave again in December and keep it off!

Every year Movember hosts end of Month Gala parties that are also the scene for the coveted Movember awards with the premiere award being the Man of Movember. These parties are held in Christchurch, Wellington and Auckland and the standard of Mo and costume increases every year. Once these titles in each center have been crowned, the images are sent into the Moustache handlebar club in London who act as our independent judges to award the ultimate Movember prize, the International Man of Movember. In 2012 the overall winner came from New Zealand and we hope we can pull it off again.

Martin lead an outstanding group of ambassadors who really embraced Movember. Some of these included TVNZ breakfast weatherman Sam Wallace, ZM DJ Jay Reeve, Former All Black Josh Kronfeld, Sports commentator John McBeth and new Blues recruit Benji Marshall. Sam, John and Benji were amongst our highest fundraisers, all raising over $5000.

Big thank you to those who grew, those you donated and those who did something positive towards their or someone else’s health. You are part of a special community who are changing the face of men’s health one Mo at a time! 13


Law changed to improve building process There have been changes to the Building Act (the Act) that affect the work of building practitioners and the home handyman. The changes are in the Building Amendment Act 2013 that became law on 28 November 2013. Some changes come into force immediately and some will come into effect in 2014. They include changes to the types of work that do not require building consent. More low-risk work is exempt from building consent and there are limits on potentially high-risk work. You will be able to demolish a detached building that is not more than three storeys high without building consent. Previously you could only do this if the building was damaged. This means, for example, that an old, single-storey detached bach could be demolished to make way for a new dream home without applying for building consent. The new dream home will require building consent though! It’s also possible to remove a potential earthquake hazard without building consent, such as the upper part of a brick chimney that is protruding above the roof. Some existing outbuildings, such as carports, garages, greenhouses and sheds, can be repaired and replaced without building consent, whether they are damaged or not. The building work may be exempt from building consent if the new outbuilding is the same size or smaller than the original, and is on the same footprint and is a comparable outbuilding to the original. You can’t, for example, replace a carport with a garage without building consent, nor can you shift a shed to another part of your property and add an extension without building consent. The do’s and don’ts of exempt building work are listed in Schedule 1 of the Act, which has been reformatted to make it easier to navigate. Schedule 1 has been split into three parts. The first part contains building work that anyone can do (including the home handyman). The second part deals with sanitary plumbing and drainlaying, which must be carried out by people authorised under the Plumbers, Gasfitters and Drainlayers Act. The 14

third part covers building work which requires input from a chartered professional engineer. MBIE’s guidance document will contain examples of the kind of work that is exempt and examples of work that requires building consent. The guidance will also advise readers to seek good advice on any building work, before they start. It will remind readers that all building work must comply with the Building Code and that any alterations or additions to an existing building must not adversely affect the building’s compliance with the Building Code. The guidance will be published soon. In the meantime refer to Schedule 1 of the Act for details of work that can be done without building consent. Other immediate changes to the Act include: higher penalties for work done without the proper consent; Councils have more powers to restrict entry to buildings that are near other dangerous buildings; the Ministry of Business, Innovation and Employment (MBIE) has more power to hold building consent authorities to account; and there have been changes to the way dams are defined and measured. Changes that come into effect later next year include new regulations to protect consumers who are building a house or making major renovations to their home. Building practitioners will have to give consumers information about their skills, qualifications, licensing status and business record when they are engaged to build a house or extension. Practitioners will have to provide written contracts for work over a certain sum and can be fined if they don’t comply with the law. There will be a 12 month ‘defect repair period’ when building practitioners will have to fix any defects they have been told about without question or additional charge. MBIE will develop the regulations over the coming months. For more details about the Building Amendment Act 2013 go to . You can download a fact sheet or read the key information on the web.

Y T E F A S D N A H T L A E H Authorities concerned at asbestos management in Canterbury rebuild “It is absolutely crucial that before any work takes place on a site that is thought to have asbestos, or asbestos containing materials, that it is accurately identified.” says Kathryn Heiler Authorities involved in managing the health and safety impacts of the Canterbury rebuild have recently raised concerns at the way in which asbestos material is being managed on a number of work sites across the region. The Ministry of Business, Innovation and Employment (MBIE) and the Canterbury Medical Officer of Health are urging all of those working on any site, where there may be the possibility of asbestos, to make sure it is accurately identified. Most buildings that were constructed prior to 1980 are likely to contain some form of asbestos. However, there is a chance that asbestos products may have found their way into buildings constructed or renovated after this. “These buildings account for a large proportion of those being demolished, or due for demolition or repair in the rebuild, so great care must be taken,” says MBIE’s Canterbury Rebuild Health and Safety Programme Director, Kathryn Heiler. “It is absolutely crucial that before any work takes place on a site that is thought to have asbestos, or asbestos containing materials, that it is accurately identified. If you have any doubt, you must either assume it is asbestos and put in the place the appropriate controls and notify MBIE of restricted work, or arrange for samples to be taken from the site and sent to an accredited laboratory for testing.” Ms Heiler says the industry cannot just assume material does not contain asbestos - they are required to have a systematic approach to hazard identification.

“Let me be very clear. Any person with responsibility for the health and safety of the work site – be it the Principal, employer or contractor – must legally take all practicable steps to ensure the safety of their workers and those on the site. With asbestos it starts with accurate identification. “We are currently seeing too many cases of asbestos not being properly identified and then subsequently poorly managed. This is unacceptable as it places people and the wider community at potential risk. “If asbestos is present and it is friable, the work is then restricted work and MBIE must be notified. Appropriate controls must be put into place and great care must be taken to manage the risk. Anyone unsure of what to do should get in touch with MBIE immediately.” In 2012, 53 people in New Zealand were diagnosed with one of four asbestos and other occupational lung diseases. This includes mesothelioma, lung cancer, asbestosis and pleural abnormalities, often long-latency diseases. “The number of late twentieth century buildings being demolished or repaired in Christchurch following the earthquakes is unprecedented in New Zealand and on a scale rarely seen anywhere in the world,” says Canterbury Medical Officer of Health, Dr Alistair Humphrey. “It is imperative that the asbestos hazard is taken seriously - the earthquakes have claimed enough lives already without a second wave of deaths decades in the future. The asbestos risk can be managed safely and should be managed safely.”



The Opportunity

by Harry Dillon This is the last article in a series of articles summarizing a number of workshops on weathertight remediation for builders which the Ministry of Business, Innovation and Employment – Building and Housing group has been running around New Zealand. They outline some of the things a builder may need to consider before, during and after such a project. In this article we will be investigating where to from here for a builder who may be considering this line of work or who is maybe just looking for more information on the whole subject.

overall project. There are now many companies and individuals who specialise in services around remediation projects, who have varying skills and competence. Some of these may belong to industry bodies such as the NZIBS who have prerequisites for membership, provide training and a certification, specifically related to such work. I will always assess the suitability of those involved in a project and I am not afraid to walk away if they are in my view not sufficiently skilled or experienced. In some circumstances the risk to me as builder can be too great. There are also builders out there offering a “one stop shop” option to building owners by effectively providing a design and build service. However, by doing so, they take on the additional design risk arguably significantly increasing their exposure as a whole.

Adapt and change to survive Managing the risk Builders carry a latent risk on all construction projects, and leaky building remediation projects are no exception. Typically we builders get our work through word of mouth or existing relationships, however, to secure this type of work it may be necessary to approach organisations not previously considered for new opportunities. As raised previously, the qualification and experience of designers and those professionals involved is critical to minimizing a builder’s risk and maximising the success of the


The building industry has to adapt to changes to the Building Act, Building Code, Health and Safety compliance to name but a few. With the Licensed Building Practitioner (LBP) scheme we don’t have a choice but to keep up-skilled and abreast of these changes if we want to continue to do restricted work which leaky building remediation most certainly usually is. So where does a builder go to get more information or training regarding remediation work? The Building and Housing group runs various training courses on an on-going basis, such as the Weathertightness Induction Course for builders which may prove valuable. The Building and Housing group also produces


some very useful Guides which, whilst not specifically targeted at builders, provide highly relevant information on many parts of the process. These guides cover topics such as identifying the riskier features of a building, various investigation techniques, understanding the owner’s position and design considerations. These are available in hard copy and PDF formats from the Building and Housing group’s website, and details of these are listed below. This website also contains lots of other useful information on weathertightness issues and provides helpful background, not only for builders, but also important information for homeowners who may be unfortunate enough to own an affected property, such as the outlining the eligibility criteria and process for the WHRS.

• Building and Housing website: ws-info-for-building-professionals • The Building and Housing publications

• Guide to Remediation Design

• Guide to the Diagnosis of Leaky Buildings

• Dealing with Timber in Leaky Buildings

• Code Watch Issue 1: October 2011


• OSH Bulletin 17

• ACC Think Safety First kit

• Pink is Tough Guide

• The author: Harry Dillon has been involved with the repair of more than 300 homes as a builder over the last 10 years. This article represents Harry’s views which may not necessarily be same as the Department’s.

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There are many examples of builders who have a successful business specialising in remediating leaky buildings, and we have tens of thousands of affected homes in NZ. We need many good builders to restore our housing stock. Remediating leaky buildings is a challenge but also an opportunity.

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RACING Caleb Brooks

Mitre 10 Trade racing teams performing strongly Caleb Brooks and the Brooks Team Racing (BTR) crew competed at second round of the 2013/2014 War of the Wings series at Woodford Glen Speedway in Christchurch recently. For heat one, Caleb drew grid two on the outside of the front row and, when the green flag dropped, the Mitre 10 Trade Racing machine launched off the start and into the lead for the first six laps. Caleb held his position until two of the faster boys moved through the pack and got his outside line resulting in Caleb finishing in third place. In the second Heat, Caleb started from the rear of the field and battled his way up as high third position before eventually 18

finishing fourth, although he did set the fastest lap of the race. With two great heat placings earlier in the night, Caleb secured himself fourth on the grid for the Feature – his best start in a Feature race yet. Over 25 laps, Caleb was out to fly the Mitre 10 Trade Racing flag high at ‘the Glen’ and, after a couple of unlucky mistakes, he piloted the Brooks Team Racing beast home in eighth place. “Overall I’m really happy with how the night went. I’m still learning every time I go out,” says Caleb. Caleb has his 92c Sprintcar sitting in ninth place on the War of the Wings ladder. Meanwhile, further north, Glenn Torpey had set up camp at their permanent Western Springs Speedway pit bay in Auckland for the second round of their season.

RACING “The team has been fantastic this year,” Huggi says. “All of the drivers have had our ups and downs but glad to be here till the end, taking on Pukekohe with all our Mitre 10 Trade might. Looking super sharp in their new Mitre 10 Trade Racing uniforms, the team was ready to race and Glenn did his part, drawing second place on the grid for the first race.

Glenn Torpey

All went well for the first three quarters of a lap, until the Mitre 10 Trade Racing beast caught a huge rut in the track, bending a rear arm. Unfortunately this severely affected the handling of the car and Glenn dropped back to finish in seventh place. In the next heat, Team Torpey started on grid 10 and easily made up a few places to finish in a solid eighth place. By this time. the track had turned nasty and was full of ruts and holes – hardly the best surface for sprintcar racing. The 20-lap Feature started with 15 cars battling it out for Round Champion. Glenn did exceptionally well to hold the Mitre 10 Trade Racing Sprintcar in 10th place while all the other drivers wrestled their machines around the lumps and bumps. It was an achievement just to finish the nights racing with the car all in one piece . Off the dirt and on the circuit, James ‘Huggi’ Urquhart and the Mitre 10 Trade Racing team were preparing for the final round of the 2013 UDC V8 Utes Series at Pukekohe Park Raceway as this edition of Mitre 10 In Trade was going to press. The 11 months have flown by since the ute racing season began and Huggi was fired up to go out and finish the season strongly. The Mitre 10 Trade Racing team have been studying their set up to rectify the small deflation issue that sacrificed many points in round five at Hampton Downs. “The team has been fantastic this year,” Huggi says. “All of the drivers have had our ups and downs but glad to be here till the end, taking on Pukekohe with all our Mitre 10 Trade might. “The ultimate goal is to see 2013 out on a high, some great racing, great results and maybe even a win would be just ripper.” Huggi and the Mitre 10 Trade Racing team sit in eighth position going into the final round and will be throwing everything they’ve got to secure a decent position in 2013’s last weekend of racing.

James Urquhart

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APPRENTICE Range of jobs to end the year By James Goldstone This month I have been moved around on various different jobs, mainly because it’s nearing the end of the year and bits and pieces need to be finished up.

to store the glass in a safe place as it was in a high wind zone and we also took the step of labelling everything so we could find it easier to fit it to the new deck when it was completed.

I have also started on a deck extension on a house we built about four years ago. I have been told what the final product needs to be and left on my own to complete the job with one first year apprentice.

I then had to focus on the framing and making sure that I used the same timber used on the original deck so it would tie in and not stand out visually. Once all the framing was completed, we then started to work on the decking. As it was a system where the fixings were not visible, it required us to remove more of the existing deck to allow us to continue with random joins.

The first thing to do was to remove the existing glass balustrade. This was the first time I have had to remove a glass balustrade, so it was a good learning curve for me. It was crucial

We are currently waiting for the decking to arrive on site but, once it’s there I can return to the site and continue; in the mean time though, I will be helping with foundations on a new build.

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Show us where you’re reading Mitre 10 In Trade and you’ll go in the draw to win a Canon IXUS 16.1 Megalpixel camera. Send us a photo of you reading Mitre 10 In Trade magazine somewhere on your building site, wearing Mitre 10 Trade gear and you’re in with a chance to win. However, you MUST make sure that what you’re doing is safe, legal and meets all necessary site requirements.

Email your photo to with the words ‘January camera comp’ in the subject line and we’ll publish the best in an upcoming issue. You must include your photo, your name, company name, physical address, daytime phone number and the name of the store you hold an account with. All entries must be received by 5pm on Monday February 3, 2014. Conditions of entry: You may enter only once/ Prize(s) are as outlined. Prize(s) are non-

refundable, non-transferrable and not redeemable for cash. The winner(s) will be notified by phone or email. Employees of ReFocus Media Ltd Ltd, Mitre 10 (NZ) Ltd, suppliers of goods to Mitre 10 and their immediate families and agencies are not eligible to enter. By entering this contest, you consent to the use of your name in all matters related to this contest, including any advertising or publicity without further compensation. Results of this promotion will be published in a later issue of Mitre 10 In Trade magazine. Prices that may be quoted in this promotion were accurate recommended retail prices at the time of publication. ReFocus Media Ltd and Mitre 10 (NZ) Ltd accept no responsibility for any loss or damage incurred from the use of these products.

THIS PUBLICATION IS RECOGNISED BY THE BUILDING AND HOUSING GROUP AS CONTRIBUTING TOWARDS THE SKILLS MAINTENANCE REQUIREMENTS FOR THE LICENSED BUILDING PRACTITIONER SCHEME. If you are a Licensed Building Practitioner, cut out and safely retain this panel with your skills maintenance literature for future reference and audit confirmation. Ref. In Trade Vol 7, Issue 7 January 2014



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Mitre 10 In Trade Magazine - January 2014  

Mitre 10 In Trade Magazine - January 2014