Monthly Archives: May 2023

Interactive family event shows true impact of vaping

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Bringing together over 10 different partners in holistic health & wellness, science and education, the Family Health Fair is set to be both entertaining as well as insightful.

The Family Health Fair takes place 22 June at The Blyth Performing Arts Centre. The event is particularly interesting for parents including their tweens / teenagers, health professionals, educators, philanthropists, and those with an interest in health & science. Activities are interactive and include measuring your body mass composition, enjoying holistic health massages, an art exhibition themed around mental health (including the option to bid for the art) and live music performances. Attendees can also have their family portrait taken by professional photographer Simon Cartwright.

Understanding the dangers of vaping

The main act of the Family Health Fair is the anti-vaping panel discussion by a well-rounded group of experts and led by Associate Professor Anita Jagroop-Dearing (researcher at Te Pūkenga, EIT). For more than 20 years, Anita was a medical scientist at UCL teaching hospital in London. She and her team are currently carrying out a programme of research to address the harms of youth vaping. This work focusses on the decision-making around vaping and identifying health-knowledge gaps, so that anti-vaping educational tools may be developed. This is a unique opportunity for guests to gain first-hand insights from the scientists, public health promoters, and school health staff. Parents and those interested can even submit their question(s) prior to the event here: https://hrf.co.nz/family-health-fair-vaping-panel-questions/

The Family Health Fair is an event organised by the Health Research Foundation – Hawke’s Bay. The foundation funds research projects which look to improve health in Hawke’s Bay. The Health Research Foundation has been around for 62 years – previously under the name Hawke’s Bay Medical Research Foundation. With its new name and local, holistic view on health, it invites people to learn more about the wonderful work done by local researchers and get involved or donate where they can: https://hrf.co.nz/

Visit: https://hrf.co.nz/family-health-fair/ and scroll to the bottom of the page to secure your tickets to the Family Health Fair.

 

Cyclone Gabrielle & tenancies – know your rights

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Article by Edward Bostock, Director and Kelly Henderson, Legal Executive 

One of the most significant impacts of Cyclone Gabrielle has been the damage and destruction to commercial and residential properties in Hawke’s Bay. Building officers are completing rapid building assessments on properties effected by the Cyclone.

To date, there are 100 red stickered properties (meaning the property has been seriously damaged) and 712 yellow stickered properties (meaning the property has been damaged and may need to be temporarily vacated) in the Hastings District. Understanding what rights landlords and tenants have if their property is affected is important. Commercial Leases What does “untenantable” mean?

The term “untenantable” is generally accepted to mean that a leased property has become so badly damaged or destroyed it can no longer be occupied or used by a tenant for the purpose intended in the lease. To determine whether a property is ”untenantable” the following points should be considered:

■ How permanent the damage is;

■ How long any repairs will take;

■ Whether the damage or destruction prevents the tenant from their right to use, enjoy and operate the property; and

■ What proportion of the term of the lease the property will be unusable for.

What does the Deed of Lease say? Landlords and tenants should look to the Deed of Lease as a guide for how  to proceed when a property has been destroyed or damaged by an event such as Cyclone Gabrielle. Leases will generally contain clauses differentiating between properties that have been completely destroyed and those that have been partially damaged or destroyed. The ADLS Deed of Lease is commonly used for commercial leases and (subject to specific changes) this provides as follows:

1. Total Destruction
If the property or any portion of the property is so badly damaged or destroyed so as to render the property as untenantable then the term of the lease will automatically terminate from the date of destruction or damage. The tenancy may also be terminated if the landlord, acting reasonably, decides that the property is so badly damaged it requires demolition or reconstruction.

2. Partial Destruction
If the property or any portion of the property is damaged, but the property is not untenantable then the expectation is that the landlord will spend all insurance money received to reinstate the property. There are a number of points to note with this:

■ The landlord is not required to spend any amount of money greater than the insurance money received.

■ The landlord may carry out the repairs or reinstatement and use any materials and form of construction they see fit as long as the property is reasonably adequate for the tenant’s occupation and use of the property.

■ Until the repairs or reinstatement are complete, a fair proportion of the rent and outgoings shall cease to be payable from the date of destruction or damage.

■ If a necessary permit or consent (such as resource or building consents) is unable to be obtained, or the insurance money received is inadequate for the repairs or reinstatement required, then the term of the lease will automatically be terminated.

Not all commercial leases use the ADLS Deed of Lease and there are situations where there are no written lease arrangements at all. Residential Tenancies Section 59 of the Residential Tenancies Act 1986 deals with properties that have been damaged or destroyed due to a natural disaster and as with commercial tenancies, the requirements differ depending on the severity of the damage.

The property has been destroyed If your residential property has been destroyed or the damage is so severe that it can no longer be lived in, then either the tenant or the landlord can give notice to terminate the tenancy regardless of whether the tenancy is fixed term or periodic. In this case, the landlord must give seven days’ notice to a tenant, or a tenant must give two days’ notice. During this notice period the rent should be reduced accordingly. The property has been damaged If part of your residential property has been destroyed or damaged so that part can no longer be lived in, then the rent payable should be reduced accordingly. Either party can apply to the Tenancy Tribunal to terminate the tenancy.

The Tenancy Tribunal will make an order to end the tenancy if it is deemed unreasonable for the landlord to reinstate the property or for the tenant to continue with the tenancy even at a reduced rent.

We understand that this may be a stressful time for landlords and tenants alike. If your commercial or residential property has been destroyed or damaged and you are unsure what your rights are then please give our office a call – we are here to help. Contact: edward@bramwellbate.co.nz or kelly@bramwellbate.co.nz (06) 872 8210 www.bramwellbate.co.nz

Hawke’s Bay benefits from ongoing investment in local radiology and cancer treatment services

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Canopy Healthcare’s radiology arm, TRG Imaging, is excited to announce the next step in its multi-million investment in clinics in Hawke’s Bay with the opening of a new Canning Road clinic. 

TRG Imaging’s Hawke’s Bay General Manager Paul Toomey said it is the latest step to meeting a surge in demand for medical imaging and cancer treatment services in the region.

Mr Toomey said the new Canning Road clinic opening today includes a state-of-the-art $3m Siemens 3T MRI (magnetic resonance imaging) machine, supporting patients to receive world-class imaging resulting in earlier diagnosis and improved treatment pathways.

“It will provide doctors with advanced detailed imagery, resulting in faster and more accurate reporting as well as removing the need for our local community to travel further afield, often as far as Wellington and Auckland.”

“The expansion will be seen as some positive news when there is so much uncertainty and change in the region.”

TRG Imaging has also just completed a three-year redevelopment of its Royston Hospital based clinic in Prospect Road, Hastings which included new MRI, CT and mammography technology.

TRG’s parent company, Canopy Healthcare’s chief executive Tony Moffatt said the next stage is a new PET-CT and Therapy Centre, opening in early 2024.

PET- CT is an essential tool in the diagnosis and management of many cancers including melanoma, lung, breast, colon and prostate cancer. Previously the closest machines were in Wellington and Hamilton, a journey that TRG will ensure is a thing of the past.

Additionally, TRG has announced that they will establish a full imaging site including MRI in Napier in 2024, at a soon-to-be-confirmed location, thereby ensuring that high-tech imaging services are accessible in both major cities.

“As we have seen over the last few months, roading infrastructure connecting Hawke’s Bay to other regions has been severely impacted and our investment in medical imaging technology and service in the region provides peace of mind for those needing responsive medical treatment locally,” Mr Moffatt said.

The final stage will be the one-stop imaging and cancer care clinic at Kaweka Hospital’s Stage 2 development, opening in early 2025 as part of the additional 7,000m2 of clinical space including a critical care ward, local cancer diagnosis and treatment services and a cardiac catheterisation lab will offer a full-service imaging, consultation and oncology treatment centre.

People Planning for a Year that is not business as usual

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It was anticipated as a year of positivity, business as usual and moving on, but 2023 so far has not been what Hawke’s Bay expected.

From a people and business perspective, managing through a disaster creates additional issues to navigate. Resilient Organisations, a research and consultancy group, classify the stages of looking after staff in a major disaster into four areas – planning for your people, responding to the situation, rebuilding a better future and leadership.

The Dichotomy

The impacts from the cyclone appear to be a dichotomy – those affected and those not. There is now potentially a third category – those presented with an opportunity in the rebuild. Employers successfully navigated the first weeks after the cyclone and (from what we have seen) supported staff through that first week. It is worth noting, however, that just like the Christchurch earthquake, the six-week mark can be tough – the novelty has worn off, adrenaline is no longer flowing, and the rest of the world seems to be moving on. If some of your staff “hit a wall” at this point, you are not alone. WorkSafe are currently emphasising a focus on mentally healthy workplaces with the expectation that employers proactively manage mental health as part of their health and safety management plan. For staff that are notably impacted, keep this in mind.

The Downside

There are some sad stories emerging where a small number of impacted businesses will need to downscale for a time
or cease operations altogether. While there has been a natural disaster, employers are still required to follow through on contractual obligations. As such, any changes to their people’s working arrangements and restructures need to
be supported by the right conversations, processes and documentation. This will require some short and longer-term planning. Disestablishing positions requires a robust process and considerations to individual employment agreements, legislation and procedural correctness is required. It is advisable to seek advice from an HR consultant or employment lawyer to get this process right.

Leadership

Building confidence in leadership during times like this is important. Likewise, leaders need to instil confidence. The recent report on the Auckland response to the January flooding highlights this. Visibility in leadership in times like this is important. Amid COVID-19, business confidence has dissipated. We have seen leadership and team dynamics fraying and resilience and agility has been tested. Guide your leaders through change and build their capabilities to manage issues. Coaching and leadership development is a great investment right now.

The Upside

There are others for whom the rebuild poses great opportunity. Certain industries will need key skills on the ground floor and also in key technical roles such as engineering. When talent has already been difficult to source, having a clear strategy for finding the right staff will be vital. Having a good Talent Strategy will provide a set of plans and initiatives to attract, develop and retain quality people, and assists in identifying skills and capabilities required to achieve organisational goals and programmes to develop your people. If your business is trying to pivot, you will need new skills and potentially some people who are different to those you’ve have hired before. You will need to plan for this.

Your Talent Strategy

Five components you should feature in your strategy:

Attracting great employees requires identifying specifically your EVP (Employee Value Proposition), Analysing the candidate experience as a litmus test – would a great candidate who came a close second for the job give you a positive rating for your recruitment process and refer a friend to you? Measure your Return On Investment in your process, even just the basics – how long to fill the vacancy, where did we advertise, how much did it cost, which channel did the quality candidates apply through and, after six months in the job, were they a good or bad hire? Good data enables us to continuously improve what we do. The definition of success is also shifting for employees. Beyond just job title and pay, looking to find a balance in hours worked, organisational culture, mental and physical health, development and progression, and job satisfaction will help retain and attract talent.

For assistance with human resources initiatives including teams, leadership, investigations or facilitated meetings, please contact hr-consulting-hawkesbay@bakertillysr.nz

The Growing Value of Insurance Cover

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There is nothing like a natural disaster such as Cyclone Gabrielle to once again have the spotlight shone firmly on ensuring your property is adequately insured in the event of loss and damage.

The way Kiwi homes were insured largely changed following the devastation of the Canterbury earthquakes with a shift from guaranteed full replacement or undefined cover to a defined cost of replacing a home which is destroyed referred to as ‘Agreed Value or Sum Insured’. Primarily the shift meant that insurers had a more accurate way of defining what their exposure was in the event of damage or loss.

However, as a result, there is a mixture of policies available in the market but unless you have a current Replacement Insurance valuation you risk being underinsured. When homeowners are asked to come up with an agreed amount to replace their house, homeowners think of just the house itself and will use a dollar rate per square metre to approximate the replacement cost, which may be reasonably accurate.

However, there are other important aspects to consider, such as demolition, site works and inflationary provisions, which all cost, as well as the replacement value of your home. If your house is damaged or destroyed by fire, there is a very genuine cost attached to removing/demolishing the existing structure so that you can commence work on your replacement, if demolition is not considered this sum simply gets deducted from your Agreed Value and you have less money to build your new home.

If your home is destroyed on the last day of your insurance policy there is 12 months’ worth of inflation on building costs, although it is likely to be considerably longer than that before you can rebuild. Demolition, drawing plans, getting council consents and then the build time could easily be another 12 months, meaning potentially 24 months on inflationary provisions will be required, if not allowed for, again you will simply have less money to rebuild with. This is also true of site works such as concrete sealed paths and drives, fencing, landscaping, clotheslines and even your letterbox. To replace them they all have a cost that needs to be accounted for.

If homeowners have not factored these costs into their Agreed Value, they will be the ones paying for the site works should they be faced with loss or damage to their property. The sum to replace a metal letterbox is negligible; however, the cost to replace 300m² of concrete seal is not. Just working out a per square metre rate on your house, will not in the future translate to full replacement as we currently understand it.

However, you can get a Replacement Insurance Valuation from a Registered Valuer to ensure you are properly insured and can replace your home with the same size, scale and quality as the home you had before the disaster. Whilst many New Zealanders remain fee averse about paying for professional advice, it’s important to remember; your home is your most valuable asset and worth properly insuring. Furthermore, I wrote in June 2022 about the significant coverage given to the rapid escalation of costs within the New Zealand (NZ) construction sector.

The escalation was so rapid that even if your policy includes an automatic inflation guard to cover annual inflation, your coverage had probably not kept pace with this unexpected spike in building and labour costs. To be protected against loss, your coverage should equal the cost to rebuild. An accurate valuation is vital to ensure policyholders have appropriate coverage in the event of a loss as this will allow you to replace your asset in the event of a disaster and this will directly impact the values assessed to ensure your property is adequately insured.

How does this Impact your Replacement Insurance Value? Firstly, it’s important to understand that Market Value (MV) of your property can be very different to the Reinstatement Value which refers to the cost to replace your asset today, to the same size and scale, considering modern equivalent technologies, materials and services.

Therefore, cost does not always equal value and if you have older premises, the cost to recreate may well be above the asset’s current market value (MV). However, with construction costs rising quickly in a comparatively short period and with most property insurers on an ‘Agreed Value’ policy, this means anything over and above that amount will not be paid out if the property needs repairs or a total rebuild.

As a result, you could discover that your existing policy limits and coverage no longer offer adequate protection. Considering these ongoing cost concerns, insurance companies are being proactive and asking for more regular valuations compared to five years ago. Property owners need to be proactive too and the most prudent thing they can do is to make sure they have a current replacement insurance sum that is as accurate as possible.

Unfortunately, insurance companies have already signalled that due to rising construction costs, an increase in claims due to the impacts of the cost escalations as well as the increased cost of reinsurance, premiums are signalled to go up.

Initial responses and build back better

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The impact of Cyclone Gabrielle has been felt, and will continue to be felt by many, and across many sectors. Suffice to say that many families and businesses have been massively affected. From a resource management perspective, new legislation has been introduced to assist initial recovery responses, and various planning processes are likely to follow around consenting and new policy initiatives to better manage risks and ‘build back better’.

Where a natural disaster occurs, it is recognised that emergency discharges, for example, may occur, and the RMA sets down a process whereby such activities are then consented on a retrospective basis. The need for other activities to occur, that would otherwise require resource consent, is also common as part of any immediate response, and obviously it would not be practicable to wait for a resource consent application for such activities to be granted. Examples include the installation of culverts washed away, construction of temporary bridges and establishing silt dump sites.

Among other initiatives, the Severe Weather Emergency Recovery Legislation Bill widened the breadth of activities that could be undertaken under ‘emergency works’ and extended the timeframe for which retrospective consent applications for such activities need to be lodged. It also introduced new provisions to allow certain emergency activities to be undertaken by certain rural landowners and occupiers as a Permitted Activity. The general purpose of the Bill is to assist local authorities and communities in the areas affected by the severe weather events, and in particular, to:

■ Assist rebuilding and economic recovery,

■ Increase safety and resilience,

■ Ensure governmental activity can continue to be undertaken,

■ Temporarily enable the relaxation or flexible operation of some legislative requirements.

Part 2 of the Bill sets up a process whereby a Minister can recommend an Order in Council which exempts or modifies any legislation for the purpose of planning, rebuilding, and recovery of affected communities and persons.

This could include allowing activities that may otherwise be classified as prohibited to be considered as part of potential responses, such as the burning of certain materials, and providing an alternative (faster) process to standard RMA processes for specific recovery, rebuilding and resilience related activities or policies.

How resource management requirements have affected response efforts and whether enough has been done to assist recovery will draw different reactions and views, but those most affected by the impacts of the cyclone have no doubt been presented with a range of barriers including resource management requirements, and the impact of those barriers should not be underestimated.

Moving forward though, what can we expect in the resource management field?

There will be a number of retrospective resource consent processes for activities that have needed to occur as part of the immediate response and a number of resource consent processes for new activities. There may be new planning projects looking at different alignments for roads and railways and there will almost certainly be projects looking at risk management and land use planning within areas subject to risk.

What new land use controls may look like may differ between affected areas and are likely to be influenced by the degree of risk mitigation able to be established. Hawke’s Bays’ strength is its natural environment and diversity of industry, and although the impacts of the cyclone on those most affected cannot be cast aside, there is opportunity to think about what a more resilient Hawke’s Bay may look like, and opportunity in the Bill to carve out a process to enable these sort of things to be considered.

The term ‘build back better’ is frequently referred to, but what does ‘better’ mean, and who are we building back for? Let’s not overlook those who have been most affected, and let’s understand what build back better means for them as a starting point and make sure efforts are focused and prioritised for their benefit.

Learning from Disaster: What we should take away from Cyclone Gabrielle

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Over the course of the last several years, we have seen three major events that forced us to reassess our business continuity and disaster recovery planning. The Christchurch earthquake of 2011 initiated a shift towards cloud technology in preparation for office access becoming more unpredictable. 2020’s COVID-19 pandemic solidified remote working and online collaboration as an essential part of modern businesses, while Cyclone Gabrielle reminded us just how vital power and communications networks are during turbulent times. No business could have predicted the unpredictable.

Yet, despite all these unforeseen events disrupting businesses everywhere, one thing is certain: now more than ever, we must plan for and manage potential disruptions from any source – natural disasters, cyber-attacks, data breaches or pandemics included. Our approach towards continuity planning and disaster recovery will determine our ability to come out stronger on the other side.

Cyclone Gabrielle recently caused devastating destruction along the east coast of New Zealand. The repercussions of this storm will take years to overcome and have prompted an examination of the risks individuals and businesses face. As authorities investigate ways they can better prepare for future disasters like these, key insights garnered from Cyclone Gabrielle are helping create a solution-oriented approach moving forward. Herein lies several key lessons businesses can consider for the future:

Businesses should develop a comprehensive disaster recovery and continuity plan that is tailored to their particular risks, including the possibility of natural disasters like earthquakes, tsunamis or cyclones. Particularly important for coastal businesses would be preparation against potential tsunamis – so far, an untested but promisingly survivable force of nature!

  • A good backup system should be put in place to recover data even if major damage occurs to the business premises or IT infrastructure.
  • Business owners should take extra precautions with important documents, such as making electronic copies of those documents and storing them off-site or in the cloud.
  • Employees should be prepared for potential disasters through training courses on emergency response and crisis management protocols.
  • Businesses should allocate an emergency budget that includes emergency funds to cover any losses incurred due to a disaster and additional expenses associated with rebuilding operations afterwards.
  • Businesses should consider their supply chains and the likelihood of disruption to services if their suppliers are affected by a disaster. More importantly, businesses need to think beyond just the restoration of services and focus on ways to build resilience so they can better handle such events in the future and avoid disruption from occurring again down the line.

Following the devastation of Cyclone Gabrielle, communities banded together to help one another in remarkable ways. Volunteers and agencies donated food, clothing and other necessary items as people exchanged desks and computers for shovels and gumboots to undertake the reconstruction efforts.

Though we will never forget the people and property we lost or the destruction caused by this disaster, there is light at the end of this tunnel; together, we shall overcome these trying times – but not without first considering our future through preventive planning. For a more detailed look at Business Continuity and Disaster Recovery Planning, along with free templates and resources, go to https://govern.co.nz/resources.

Tom Hartley is a certified ISO 22301 Business Continuity Lead Implementor and is available for free consultations. He can provide guidance on implementing an effective Disaster Recovery Plan and help with any questions you may have.

Tom is the owner of Govern Cybersecurity. He has over 18 years in the cybersecurity and IT industry at management level, and for the past 6 years has been a lecturer in cybersecurity at the Eastern Institute of Technology. He has earned certifications in ISO 27001 Lead Auditing, Lead Implementation, SOC2, and Ethical Hacking. These certifications are considered the international gold standard for business security.

What did we learn from disaster

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It’s been a tough couple of months for many with Cyclone Gabrielle having wreaked havoc across our beautiful region.

Over 40,000 insurance claims have been lodged. The cost attached to these claims is around $890 million of which around $70m has been paid, according to The Insurance Council of New Zealand at 20th March. This only covers insurers who are members, and the industry consensus is that the final bill will be in the billions. What became apparent immediately after the cyclone was –

  • How unprepared some people were from a business continuity perspective.
  • The level of under insurance in some areas when people were making claims, including having insufficient business interruption cover.

Hindsight is of course wonderful thing but, given the nature of these severe weather events which are likely to continue with climate change, planning for any future events is critical. As you start moving forward and rebuilding, here are some things to consider –

Business Continuity Plan (BCP)

Developing a sound BCP is crucial to preventing even a minor disruption from turning into a catastrophe.

A BCP should not just cover natural disasters it should also focus on risks such as supplier failure, economic crisis, cyber-attacks, and pandemics. Should any of these risks occur, unprepared organisations don’t just stand to lose profits but their reputation, and possibly even their whole business.

BCP’s help organisations protect their employees and assets and resume operations in an expedient and more controlled way. They are not just designed to cover ‘in-the-moment’ procedures in a crisis, such as escaping your building safely from a fire, a BCP covers how you’ll get core parts of your business up and running again after the event. It includes things such as –

  • Accessible recovery locations and emergency operations centres.
  • A process for automatically switching telephone and data lines.
  • Manual processes for continuing operations until technology is repaired.
  • Processes to deal with the loss of information that is not available from backup data.
  • A BCP awareness programme.
  • A review process to keep the BCP up to date.
  • Testing of the BCP on an end-to-end basis.

Once the plan is developed it is important to test it with a group of different people from the across the business. For example, what are the practical realities of switching over phone systems from an IT perspective or how do you get communications out if no one has power?

Risks are changing all the time, so the plan needs to be pulled out regularly and reviewed.

Business interruption (BI)

When you are next reviewing your insurances, make sure you review your BI policy thoroughly and have the correct sum insured and indemnity period. The indemnity period is the timeframe which the turnover of the business could be affected by damage to your buildings, plant or contents.

It should be the period it would take to restore the income of your business to the same position as if the loss had not occurred. We saw through the Christchurch earthquakes how inadequate many indemnity periods were due to the underestimation of how long it would take to re-establish a devastated business.

For example, getting tradespeople before the cyclone was a challenge and now demand is even higher – meaning that wait times to get work done are even longer. You will still need to be paying for staff wages and may incur costs for temporary premises until yours are reinstated. We appreciate that this is a challenging and Hawke’s Bay are here to help.