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  1. #1

    Default Directors accountability with health and safety - new rules 4th April 2016

    Hi everyone,

    http://www.stuff.co.nz/business/7600...p-directorship

    Was reading this article yesterday and while vaguely interested about what Sir Peter's up to, was more interested in the Directors accountability increasing from 4th April.

    I have an LTC and am a director (oh the power -sigh)...I'm curious how this would impact us, if at all.
    As I use property managers, how would that impact them too....if at all.


  2. #2
    Join Date
    May 2012
    Location
    Wellington
    Posts
    518

    Default

    Major effect on Property Managers, every contractor in use by them now has to be fully certified for H & S. Gone are the days of getting Joe Blogs to do the handyman work at a good price.

    However, the bigger effect is on everyone who owns a rental property and manages it themselves. Regardless of directorships etc. If you employ a contractor to do any work on your rental property (given that it is a business you are running), you are responsible for their H & S. How many people are aware of this change ???

    Good to see the Govt really behind keeping rents under control. All of this will push the costs up of owning rental property, and this will be reflected in rents very soon after !

  3. #3
    Join Date
    May 2008
    Posts
    3,581

    Default

    Quote Originally Posted by Nice View Post
    If you employ a contractor to do any work on your rental property (given that it is a business you are running), you are responsible for their H & S. How many people are aware of this change ???
    Are you sure about this?
    Sounds unworkable to me.
    Have you misinterpreted it?

  4. #4
    Join Date
    May 2012
    Location
    Wellington
    Posts
    518

    Default

    The whole proffessional Property Management industry is gearing up for this (or should be) but the laws will apply to anyone running a business; in this environment it applies to everyone managing their own rentals. Yes I am sure if this. Unworkable - maybe; but it will keep a whole bunch of beaureacrats employed.

  5. #5
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,876

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    This is just another aspect of the ubiquitous power trips
    of gummint departments trying to idiot-proof the world.
    In the next breath, Blenglish et al will try to tell all NZ
    employers to get competitive. As in, competitive with
    other countries not as crassly stupid as NZ, because
    they choose not to shackle themselves with the costs
    of such asinine legislation.

    Should the Minister of Transport be personally liable for
    road crashes caused by New Zealand Transport Agency
    (NZTA) failing to upgrade a notorious road crash area?
    Why not? The correlation is much the same with what
    he and his sinecured pals are doing to NZ businesses.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  6. #6

    Default

    Interesting.

    So if I decide to hire a roofing contractor, tell them to advise the PM so he can advise the tenant (but the PM isn't coordinating this - I am), then if the roofer falls off the roof, I'm responsible because I didn't enforce H&S on the roofer?

    WTF?

  7. #7

    Default

    Still thinking about this.

    So if the tradesman is certified and something happens, the negligence falls upon them. (failure of tradie to follow on internal business H&S processes)

    But if I hire Brian - the efficient tradie who isn't certified but does great work...the negligence falls on me?

    And will insurance companies start rubbing their little paws and introducing 'Health and safety' insurance for people? (Or is this covered under Bodily injury clause of the rental policy)

    Hmmmm

  8. #8
    Join Date
    May 2012
    Location
    Wellington
    Posts
    518

    Default

    My understanding of it is that should an accident happen, you as the property owner (or as the PM - both levels are implicated) have to be able to demonstrate that you took all practicable steps to ensure the tradies safety.

    If he fell off the roof because he couldn't afford edge protection because you wanted a cheaper price and convinced him he didn't need it; then I believe the weight of the law might fall on your neck. As well as his, but his is probably already somewhat stuffed !

    If he demonstrated to you that he was suitably qualified in all H & S matters, was an experienced roofer, and made his own decision not to use edge protection; then it becomes less of your responsibility; BUT you are probably still implicated under sensible NZ laws !

  9. #9
    Join Date
    Sep 2013
    Location
    Auckland
    Posts
    3,885

    Default

    I should start a health and safety workshop course for landlords.

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  10. #10
    Join Date
    Jun 2004
    Posts
    10,404

    Default

    Quote Originally Posted by Gary Lin View Post
    I should start a health and safety workshop course for landlords.
    Do you know something about it?
    You could give us all an update on what the new legislation means.


 

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