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Dame Susan Devoy, Very funny, disarmingly honest, inspirational
(from Conference 2010 Tauranga, 16 June 2010)

“In my day I was highly paid and highly sought after; And now I am just highly sought after.”

“My 4 boys are currently 12, 14, 15, 16 years old.  I was born and bred in Rotorua, the youngest of 7 children with 6 bothers, no sisters and now I have 4 sons and no daughters.  So I have well and truly been punished for all the terrible things I have said about men.”

“I’ve often wondered, particularly now with my own sons and guiding them through what their aspirations might be for the future, as to how I really became involved, or how I became a squash player.  My brothers all played squash. I traveled around with my family from a very young age.  We would hop in the car in Rotorua and drive to Auckland.  Most weekends my brothers competed.  Three of my brothers represented NZ.  I would sit at squash clubs for hours and hours and hours while my brothers played and my parents sat in the bar.  Then my brothers would finish playing and they would sit in the bar.  And so I would just spend hours and hours and hours filling in time just hitting a squash ball.  By the time I was about 12 years of age I had decided that (1) I really love the game, (2) I was pretty good at it, and I decided from a very young age that my goal was to become the best squash player in the world.”

“Went to school at an all girls catholic college and in the 7^th form and I had just came back from a squash tournament and I hadn’t done assignments or whatever, when a nun asked “Susan, are you more interested in playing squash or being at school?”  And I thought what a stupid question.  After that I just packed by bags and left.”

“I was too scared to tell my father I had left school.  So for three weeks I used to get dressed for school and hide under the house until he went to work.  I knew I couldn’t tell my dad I wanted to be a professional sports women.  I needed some way to fund my career, so I got a job as a builder’s labourer. If you are every in Rotorua you will see what was the old Sheraton, I worked on that project for about six months to raise money to fund my campaign overseas.  I was the only woman there with sixty blokes.  I had been brought up in a male environment.  So it didn’t faze me at all and I used to get up and train at 5 o’clock in the morning.  I would go to work at 7 o’clock in the morning.  I used to train in my lunch hour and train after work.  It taught me a lot of things actually, I was responsible for a whole lot of different things mostly cleaning up the mess, and driving the guys home that were drunk.  And that’s how I learned to drive actually.  You know with a column change in a big falcon.  My mother would often wake up with strange men in our… not in my bed, since mum had lots of beds, and she was not averse to having men recovering in our house.  So [that is how] I funded my first campaign and I left Rotorua when I was 17 tears of age.”  [  the hilarious and inspirational story continues…  ]

[Editor – Dame Susan kindly agreed to allow her speech to be recorded at Conference 2010 Tauranga.  A life lived honestly and a “must listen to” abridged life story.  To hear the full speech (53 minutes), Email John Granville. For Members Only. 37 megabytes]

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Associate to Member, 133 transferred, more being processed…

It is inspirational to see Associates voluntarily transferring across to Member category.  An unselfish act that will bring greater unity to the entire membership of NZIQS.  But there are still hundreds of Associates members left.  We ask Associates to continue to transfer voluntarily and also to do so in greater numbers to accelerate the completion of the vision only partially implemented 7 years ago.  Since that time the sky has not fallen in on either Associates or Members.  So now it is time to see this small but personally significant change for what it is, kiwi QS’s coming together for the common good.

Please transfer me from Associate to Member category

It is FREE and automatically processed.

You will receive a new Membership certificate with special recognition of your original date of attaining Associate status plus a note that you have transferred on request.

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Would you like to see…  Reg.QS awarded FREE?

Would you like to see Registered Quantity Surveyor status issued FREE and automatically processed to any qualified member who attains CPD Accreditation?

I would like to see…  Reg.QS awarded FREE

I would NOT like to see…  Reg.QS awarded FREE

The more members that respond the greater emphasis Council place on members’ views as expressed.

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ConsumerBuild Promotes Quantity Surveying & NZIQS Members Better housing through knowledge. ConsumerBuild provides a range of clear, independent and up-to-date information on building, buying, renovating and maintaining houses in New Zealand. ConsumerBuild has been developed jointly by the Department of Building and Housing and Consumer NZ,  with assistance from a number of other organisations who have an interest in helping consumers. The site promotes the use of quantity surveyors and here are some key links to highlight that promotion… 1.    Tenders & quotes 2.    Plans - a three stage process 3.    project management options 4.    Project managers 5.    Trade & professional groups 6.    Property inspections The New Zealand Institute of Quantity Surveyors is given a link from this site that directs ConsumerBuild Customers towards NZIQS Members. That’s pure gold in marketing terms!

More Conference 2010 Tauranga Highlights

Branch Cup awarded to Auckland (4^th year in a row), Presidents Citation Awarded to Alan Muxlow, FNZIQS, recognising many years of valuable contribution to NZIQS and Barry McLean, FNZIQS, elected Vice President for 2010/2011 year. Congratulations Auckland, Alan and Barry.

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Quasi-legal

Quasi-legal ­ a type of regulatory instrument, rule or regulation with strong legal aspects but without any binding force; mostly recommendations.

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Construction Contracts Update - Some Practical Pointers
Edited from Derek Firth’s presentation given at NZIQS Conference 2010 - 17 June 2010
Session on CCA a joint presentation with Tony Dean FNZIQS followed by open discussion.

THE IMPORTANCE OF THE NOTICE OF ADJUDICATION

While any claim brought must be within the terms of the Act, it is even more important to remember that the jurisdiction of an adjudicator is constrained by the scope of the claim described in the Notice of Adjudication which is the very first step taken by a claimant to kick off the statutory procedure.

THE DESIRABILITY OF PREPARING THE ADJUDICATION CLAIM FIRST, even before issuing a Notice of Adjudication

A wise claimant will therefore virtually prepare in full its Adjudication Claim (i.e. the material which is delivered after an adjudicator is appointed) before finalising the Notice of Adjudication because that is the only way to ensure something will not be overlooked.  For example, if the Notice of Adjudication is simply a claim for money then no other claim can be introduced a week or two later when the Adjudication Claim is presented after the adjudicator has been appointed.  For example, it is too late to add other money claims and it is too late to claim anything else, for example an extension of time claim or a claim for a Charging Order.  It is even arguable that it is too late to claim costs and interest if they are not claimed in the Notice of Adjudication.

There is another good reason to do this, in addition to the need to get the Notice of Adjudication right. That is, that when the adjudicator is appointed, the Adjudication Claim must be delivered within 5 working days and that is a statutory period which cannot be extended (except by consent which is usually not forthcoming!)  (See section 36.)

THE CONTENTS OF THE CLAIMS AND RESPONSES

A legal right to one shot and no legal right to a hearing

The claim must be delivered within 5 working days of the adjudicator being appointed.  The response must be delivered within a further 5 working days, but there is a statutory discretion to extend that time. Section 42 (1) permits an adjudicator to require (inter alia) further written submission and to call a conference of the parties.  But those things might not happen.

Accordingly, when presenting a claim or a response, you must assume you may never be allowed to say another word. Each document must say everything you want to say about the claim or your defence and everything else, including such matters as interest and costs. While adjudicators are obliged to observe the rules of natural justice (an express statutory provision in New Zealand and imported by the common law in the UK), it is quite clear that what might otherwise be natural justice has to be tempered in order that statutory time limits are observed.

You would be wise to completely put out of your minds normal court procedures; or what you might get away with in court by doing replies to replies to replies ...  Of course, replies will be permitted if natural justice requires it, but very tight time limits will be imposed (usually of only two to four days).

Contents of claims and responses generally

For the above reasons the claims and responses should be presented like dossiers (as in all of the Civil Law jurisdictions) comprising a narrative of what the party is on about (which may or may not be in the form of a pleading), statements of evidence, documents relied upon, legal submissions, and anything else to be referred.

Defences, counterclaims and set-offs

A true counterclaim cannot be brought.  The correct procedure is for the respondent to issue its own Notice of Adjudication so that the counterclaim is dealt with in parallel. A set-off can be considered because of the very brief provisions of section 25 (2) which, I believe, are most important.  It provides:

(2)      An example of a dispute is a disagreement between the parties to a construction contract about whether or not an amount is payable under the contract (for example, a progress payment) or the reasons given for non-payment of that amount.  (Emphasis added).

Derek S Firth.  Barrister, Arbitrator, Mediator & Adjudicator. For full text dsfirth@ihug.co.nz

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QSnippets

1. SA-2009 Subcontract Seminar, Auckland, 29 July 2010, Email:  allan@bluepacificevents.com
2. NAWIC Meeting Wellington, Wed 4 August 2010, 3 great speakers, $15 non-NAWIC members (does that include men?), rsvp@nawic.rog.nz by 30 July 2010.
3. Advertising in E-Bulletin up for Auction on Trade Me NOW. Starting with $1 reserve. QS Link.
4. Appointments to Building Practitioners Board - Building and Construction Minister Maurice Williamson has announced the appointment of Brian Nightingale and Bill Smith to the Building Practitioners Board. QS Link.
5. “Quantity Surveyor in the NEWS” - now on Facebook. QS Link.

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Secondly, Geoff Hardy, principal of Auckland based law firm Madison Hardy, in an article published recently in the New Zealand Herald

1. In regard to view 2

LPMS - Professional Indemnity for QS’s

Land Professionals Mutual Society Incorporated (LPMS) is a voluntary risk management organisation that represents the interests of surveyors and valuers and kindred professions with its principal objectives being;

1. Guidance to members on the ways and means of avoiding or minimizing liability claims;
2. Providing members with supportive claims assistance and administration including quality technical, legal and insurance assistance;
3. Offering members access to especially tailored group professional indemnity and other liability insurance facilities on a voluntary basis.

LPMS has arranged group professional liability insurances for Member Firms since August 1976. Originally membership was restricted to consulting and land surveying practices but was expanded in 1983 to include valuers in public practice. In 1985 membership was extended to kindred professions involving professional practices who provide consulting services in quantity surveying, clerk of works, farm management, forestry, planning and property.

Insurance Consultant & Broker : Insurance and Claims Administration
Aon New Zealand Limited, Professional Risks, Doug Morton P 04 819 4086

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DISCLAIMER: The views expressed in this publication do not necessarily reflect the views of NZIQS Council, Institute policy or advertisers and sponsors of the Institute. The content of this publication is not to be construed as legal advice.

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This Electronic Message is from NZIQS. T 0800 469 477
To unsubscribe email “unsubscribe” to office@nziqs.co.nz

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