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Road Transport Association NZ Inc. March 2021
ROAD TRANSPORT
NEWS
Dave and Stu Gerring, of Parks Towing, in Christchurch, with their Kenworth K104. Parks is one of three
specialist companies in New Zealand now permitted to recover heavy trucks and trailers.
Heavy truck recovery
TRUCK DRIVER APPRECIATION When a heavy truck breaks down or
crashes on the highway, it can cause
Z ENERGY BIOFUELS big problems. Now specialist
companies have been permitted to
HEALTH & SAFETY ADVICE tow them to safety.
RTANZ NEWS 1
Road Transport Association NZ Inc. March 2021
Principal Road Transport Associa1on NZ Inc. Sponsor
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RTANZ NEWS 2
Road Transport Association NZ Inc. March 2021
Contents
PAGE 4
From the Chief Operating Officer
Simon Carson updates members on what’s happening in the industry around the
country.
PAGE 5
Truck Driver Appreciation Week
RTANZ reports a good response to Truck Driver Appreciation Week, with various
events taking place from February 22-28.
PAGE 11
Cover story
Heavy vehicle recovery using specialist vehicles will improve safety—but it’s taken a
long time to come about.
PAGE 17
Update your IEAs
Lawyer Amanda Douglas, of Wynn Williams, says it’s up to businesses to make sure
they keep Individual Employment Agreements up to date.
PAGE 25
Around the regions
RTANZ Senior Industry Advisors round up news and developments from around New
Zealand.
Events Contact Us
March 27: 7:30 pm, Prime TV: Shouldering The Website: rtanz.co.nz
Load, the first episode of the much anticipated 0800 367 782
TV show by Bryce Baird and the road transport Chief Operating Officer: Simon Carson,
industry. Another two episodes will air at the scarson@rtanz.co.nz, 027 55 66 099
same time on the following Saturdays. Editor: David Killick, Communications Manager,
dkillick@rtanz.co.nz, 027 55 44 272
May 7-8 May: Eworld Expo, Trusts Arena,
Administration: Victoria Higgs,
Auckland.
admin@rtanz.co.nz, 027 365 2075
June 26: RTANZ South Island Seminar, Membership Benefits Coordinator: Vicki Harris,
Mackenzie Country Hotel, Twizel. vharris@rtanz.co.nz, 027 534 3848
August 27-28: RTANZ Region Three AGM and We welcome contributions and feedback for this
North Island Seminar, Wairakei Resort magazine.
RTANZ NEWS 3
Road Transport Association NZ Inc. March 2021
Chief Operating Officer
Tackling legal and industry challenges
By Simon Carson
the implications for new certifiers presenting no
appeal, industry is likely to have this challenge on
top of many others for some time to come. The
LT400 process is also extremely slow and
restrictive. It simply does not allow operators to
move recertified gear back into a working
environment in a timely manner. We have been
clear with Waka Kotahi NZ Transport Agency that
this is costly and unproductive, and addressing
this issue needs to be treated as a point of
utmost priority.
Members should be aware that next month
changes in legislation will allow enforcement of
anticompetitive behaviour. The changes have
been made under the Commerce (Criminalisation
of Cartels) Amendment Act 2019—which is due
D
to come into full force on April 8. Under the new
uring early February I spent time in statutory regime, criminal penalties may be
Regions 2 and 3 with Sandy Walker and imposed on individuals and businesses that
our new man in Region 2, Simon Vincent, deliberately engage in cartel type conduct.
visiting members in the Napier, Hawkes Bay, and Illegal collusion, or “cartel conduct”, occurs
Gisborne areas. when two or more businesses agree to
The continuing trend of main industry coordinate their activities in order to increase
concerns were focussed on profits and limit competition. This
compliance, roading, and driver coordination can take various
shortage. With much of the “Operators still find forms, including price-fixing,
Poverty Bay area working in New
it difficult to have dividing up markets, bid rigging,
Zealand’s logging sector, a
number of concerns were taken equipment or repairs or restricting the output of goods
and services.
away to be worked on by the certified by heavy Fines and penalties are
association. vehicle certifiers.” significant and whilst currently any
The Eastland Road Transport cartel conduct identifiable with
Association held its Annual any individual constitutes a civil
General Meeting in Gisborne on offence under the Commerce Act
February 10. Notable points were the 1986, from April 8, cartel conduct will also
appointment of Steve Kent as the new Eastland constitute a criminal offence where imprisonment
president, supported by Campbell Gilmore in the and/or fines will apply.
vice seat; the commendable effort that has been Businesses will also be subject to the new
put in to the Tairawhiti Road Transport Cadet criminal regime, and will face criminal fines equal
scheme by Dave Pardoe and his team to secure in value to those which may currently be imposed
ongoing funding for the project; and ongoing under the civil enforcement regime. If you require
placement of staff into industry businesses. further information on this topic, please contact
The specialist HMV certification problems RTANZ commercial legal partners, Wynn
continue to escalate, not only on the East Coast, Williams. (For details, see page 17.)
but right across NZ. Operators still find it difficult
to have equipment or repairs certified by heavy
vehicle certifiers, where nationwide, our industry
• Call Simon Carson on 027 55 66 099,
0800 367 782, or email scarson@rtanz.co.nz.
is still experiencing a massive shortage of
approved certifiers. With the barriers to entry and
RTANZ NEWS 4
Road Transport Association NZ Inc. March 2021
National Truck Driver Appreciation Week
O
ver the week of February 22, truck
drivers and RTA representatives
came together at towns and cities
around the country to recognise National
Truck Driver Appreciation Week (NTDAW).
Supported by Truck and Driver
Magazine and The Rock radio station,
BBQ food, drinks, giveaways and even at
some venues, voluntary health and
wellbeing checks, hundreds of drivers
enjoyed some well-deserved RTF and
association hospitality.
RTA staff hosted NTDAW events at
Invercargill, Dunedin, Glasnevin (North
Canterbury) in the south, with Taranaki
and Ohakea featuring in the North. CVST
and Waka Kotahi NZ Transport Agency
representatives along with RTA life
members and supporters came along for
a chat, with some proving to be a dab
hand on the grill. Thanks to everyone who
came together to make the week a
success, and to say “ job well done” to
the guys and girls behind the wheels of
heavy industry. —Simon Carson
TOP RIGHT: RTANZ welcomes truck
drivers at Ohakea. Photo: Sandy Walker
RIGHT: Senior Industry Advisor John
Bond does the BBQ honours at
Glasnevin, in North Canterbury.
BELOW: Trucks lined up at Glasnevin.
RTANZ NEWS 5
Road Transport Association NZ Inc. March 2021
TOP LEFT: A few good laughs were had at
Truck Driver Appreciation Week event at
Dacre, in Southland.
TOP RIGHT: Open Country sent their gun
BBQ chef Donna to show some support for
Truck Drivers on the roads in Southland.
LEFT: Sausages on the BBQ and goodies
bags for drivers at the Saddle Hill roadside
checks in Dunedin. Staff from Waka Kotahi
NZTA, Police CVST, and RTANZ were on site.
BELOW: At Dacre: Sgt Hugh Tait, HWR CEO
Scott O'Donnell, and RTANZ staffer Lisa
Shaw were on hand to thank drivers for their
service and safety on our roads.
RTANZ NEWS 6
Road Transport Association NZ Inc. March 2021
News
Appreciation flows for truck drivers
By Marie-Claire Andrews
A
s Commercial Manager at
MyTrucking, my role is to
support our company to
achieve our ambitious growth plans,
and we know we’ll only be
successful when we fully understand
—and appreciate—all the moving
parts of this essential industry. So,
when I heard about National Truck
Driver Appreciation Week via Road
Transport Forum CEO Nick Leggett,
the synergies jumped out at me.
MyTrucking was proud to partner
and promote the week. We designed
a program that highlighted drivers
around the country—reaching out to
their employers and friends by email
and social media, requesting
nominations and appreciations for
the online Hall of Fame. MyTrucking’s “Good Trucker” award recognises company values.
The MyTrucking team also stood
by the road in Ohakea alongside the determination is what has got her to where she
Road Transport Association and the police, is today! Being one of the first female drivers in
handing out goody bags to drivers and NZ, I take my damn hat off to her for pushing
snapping last-minute selfies for the Hall of Fame through and getting to where she is! So with all
and saying a face-to-face thank you for keeping that being said, myself (Sharlene) and my
NZ moving. younger sister (Amy) would love to nominate our
During the campaign we received 63 amazing caring Mama.”
nominations for 53 drivers representing 51 Marilyn will take home a bespoke painting
businesses. of her and her truck by Rochelle’s
Out of thousands of votes,
Marilyn de Thierry who drives for “People want to feel Auto Artwork (featured in the
February edition of Road
Southern Milk Transport, was the like their work is Transport News).
winner. Marilyn was nominated valued in more ways Here are some observations
by her two daughters, Sharlene
and Amy, who wrote:
than just the pay out of the nominations we
received.
“Mum has been a truck driver check.” First observation—almost all
since we lost our father 26 years were men! We reached out to the
ago, who was also a truck driver so Women in Road Transport NZ group and really
after losing him Mum found the closest place to tried hard to connect with the growing number
our dad was behind the wheel of a big rig… of women drivers, and that helped. If we
“This amazing, caring and most supportive secured 63 nominations, of around 3,500 drivers
person…goes above and beyond for not only —should we have expected more to be women?
her own but anyone that she comes across! She As I researched online, I could not find clear
has worked as a Maori warden and a victim stats on the proportion of women drivers in our
support worker while still holding down her own industry to know what to expect. It would be
as a truck driver… fantastic to know more about this, so I am
“Mum has been in many roles over her 26 hoping to work with the WIRTNZ team to help.
years in the industry and her massive heart and
RTANZ NEWS 7
Road Transport Association NZ Inc. March 2021
Second observation—not unexpected but man, he does not put a foot wrong in our
still pulled the heartstrings as we read the company. It is very hard to get good drivers
comments—the job takes a huge toll on family nowadays but this young man is a true asset to
life. One of our core MyTrucking values is family our company. He has a young family and does
so this hit hard. Here is a comment from one of not mind the early starts, he turns up every
the seven nominations that referenced how single day with a happy attitude. He is a positive
tough it can be: man and a joy to have on our team. I wish he
“He works hard to provide for me and our knew just how amazing and valuable he is to
two children. Nights spent away from home plus us.”
long hours just to do what he loves and provide No matter what industry we are in, people
for his family.” want to feel like their work is valued in more
And then were the bittersweet ones: ways than just the pay check. In an industry
“He leaves home on Monday mornings and where personal referrals are a big part of job-
we see him in the evenings on a Friday, our seeking, being an employer that’s known for
children miss their dad so much while he is away valuing their team has got to be good. At
but when he is home, he has our boys at the MyTrucking we have a “Good Trucker” award,
yard washing his truck, teaching them how to which we give to a team member each month
polish and when it’s all done, they get to have a for living the MT values, going above and
ride around the yard. Both our boys want to beyond. It’s a highlight for our Friday catch-ups!
drive trucks when they are older cause they see The week was a great initiative by the team
how much their dad absolutely loves it.” Third that put it together—really highlighting the fact
observation—employers embraced the that “Truck Drivers Deliver”. I’ve certainly
opportunity to appreciate. Of our 58 appreciated learning the real stories behind the
nominations, 19 of them were from the company data I work with at MyTrucking every day.
that employed the driver. For example: To warm your heart and remind yourself why
“He has shown nothing but hard work, you love this industry feel free to browse the
dedication, loyalty, appreciation, and for a young nomination stories here.
PortConnect names winner
To celebrate NZ Truck Driver Appreciation
Week, PortConnect held a competition
providing the opportunity to share appreciation
for a local or national truck driver.
Congratulations to Luke Harris from Priority
Logistics. Luke was nominated by Cold
Storage Nelson and wins a $200 prezzy card!
To read the full appreciation message, see
the PortConnect website.
RTANZ NEWS 8
Road Transport Association NZ Inc. March 2021
Road Transport Forum
RTF calls for roadside drug testing
By Nick Leggett, Road Transport Forum chief executive
driving hours, skills, or drug-testing regimes that
professional drivers have.
Drug-impaired drivers on public roads
present significant risk to commercial drivers, as
well as all others on the road. While businesses
can mitigate their own health and safety risks,
they cannot mitigate the randomness of
drugged drivers on public roads.
Commercial truck drivers are drug tested
pre-employment, randomly during their
employment, and post any kind of incident
during their work time.
The RTF believes other drivers should also
have this scrutiny to ensure better road safety in
New Zealand and meet the goals of the
D
government’s Road to Zero strategy.
riving under the influence of drugs is a
In this current climate, there is a tendency to
deliberate act and should be treated
be overly concerned about the rights of drugged
accordingly in law.
drivers. We contend that those rights must not
Statistics show that drivers impaired by
be at the expense of the rights of those they
drugs are causing harm and death on our roads;
maim and kill. So, while we support a harm
more deaths than drunk drivers. We need to get
minimisation approach to drug driving, this
those drugged drivers off the road as soon as
should not be at the expense of taking the
possible and hold them accountable for their
offences seriously.
willful disregard of the lives of others.
Harm minimisation will require adequate
The Road Transport Forum has lodged its
funds to cover drug education and
submission on the Land
rehabilitation programs and we
Transport (Drug Driving)
Amendment Bill, fully “We need to get those have yet to see evidence of this
in New Zealand. In fact, drug
supporting the establishment of drugged drivers off rehabilitation is woefully under-
a new random roadside oral
fluid testing regime to sit
the road as soon as funded.
possible and hold Our submission comments
alongside the current
on a couple of the processes
compulsory impairment test them accountable.” outlined in the Bill which we
(CIT) approach to drug driving.
think are confusing. These
We agree that addressing drug
include:
driving is essential to reduce
road trauma and make our roads safer. • If there are to be two consecutive oral fluid
While the time it has taken for a testing tests, as outlined, the reasons need to be
regime to come about is frustrating, the explicit. We can’t see any reason for this and
legislation introduced in 2020 should be in place we believe there should be one test,
this year. It will finally give police the power to consistent with the drink driving testing
conduct random roadside saliva-based testing regime.
of drivers they suspect are impaired by the • The process around which tool for police to
influence of drugs. This is capacity police in use is confusing. We believe the police officer
many other jurisdictions already have. should have all the tools at their disposal to
For commercial drivers, including truck test for drugs and not be restricted to a
drivers, New Zealand’s public roads are their process that excludes CIT or oral testing if
workplaces. They share these roads with one is done before the other. This leaves too
members of the public who may not have the many loopholes.
RTANZ NEWS 9
Road Transport Association NZ Inc. March 2021
Police roadside drug
testing takes place in
Melbourne, Victoria.
—Photo: Scootie
We also believe that to provide adequate statistical analysis
around the true harm caused by drug use on New Zealand roads,
drivers involved in crashes should always be tested for drugs,
whether or not they are injured, and if they are deceased, as part of
the autopsy process. This is an area of data gathering that is
currently not robust because, if the presence of alcohol is obvious,
the drivers are not then necessarily tested for drugs.
Overall, we believe the government should just get on and make
this Bill law.
You can read our submission here.
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RTANZ NEWS 10Road Transport Association NZ Inc. March 2021
Cover story
RIGHT: Dave and
Stu Gerring, of
Parks Towing, with
their new Kenworth
K104 specialist
heavy recovery
unit. Parks is one of
three specialist
companies
nationwide to be
permitted for this
kind of work,
following a lengthy
process.
Truck stuck? Who you gonna call?
By David Killick
A
heavy truck breaking down or crashing is down truck and trailer was something of a gray
a headache that operators and drivers area. Often, the emergency services made the
would prefer not to think or talk about. It call.
may not happen often, but when it does, it can In December last year, following a lengthy
cause big problems: If a truck breaks down on a consultative process with Police and Waka Kotahi
state highway it can cause massive snarl-ups and NZTA, three companies were granted full permits
lengthy delays. to recover heavy vehicles and trailers: ACE Heavy
Remember the truck that Haulage, out of Otahuhu,
struck the side of the covers the top half and central
Auckland Harbour Bridge in “Not only does the truck North Island; Cox Heavy Truck
high winds, forcing the have to be shifted out of Salvage, out of various
bridge to be closed and the way, there is the locations including Palmerston
paralysing New Zealand’s North and Whanganui, covers
largest city? question of what to do with the lower North Island; and
Or what happens if your the trailer and its load.” Parks Towing, out of
truck encounters a problem Christchurch, covers the South
in a remote spot like the Island.
Lewis Pass? Not only does the truck have to be General manager of ACE Heavy Haulage, Che
shifted out of the way, there is the question of Bartle, says it was “a monumental fight” to get
what to do with the trailer and its load. What to the rules amended, taking eight years and
do with dangerous or perishable goods? Should involving expensive court action. But he says the
they be offloaded? They may not be able to be winners are the transport industry and the wider
left safely on the roadside. community.
Until recently, the solution has been ad hoc, “Safety is always our highest priority. The
and left to individual companies to organize. The problem was looking for safe areas that could
question of who was permitted to shift a broken- handle that weight. What happens now is a
RTANZ NEWS 11Road Transport Association NZ Inc. March 2021
ACE Towing, of Otahuhu, was instrumental in the fight for specialist heavy vehicle recovery.
heavy truck can come out and pick up the Che says towing heavy trucks and trailers is
vehicle and tow it to a safe place.” not restricted to just three companies; the new
He says when HPMVs were introduced, ruling means other companies can apply, too.
authorities did not consider vehicle recovery. He However, importing specialized vehicles is very
says because only one company was permitted expensive.
to carry a specific truck and trailer combination, Greg Cox, of Cox Heavy Truck Salvage, says
a problem would arise if another company’s he has been in the industry for 39 years and
vehicle arrived to tow the broken down truck or welcomes the decision to amend the rules.
trailer. “Absolutely. It’s been a two-and-a-half year
Now, the heavy haulage companies have battle for me.” Greg says Che Bartle deserves
permits to cover over-dimensional and full credit taking on the authorities. “It’s amazing
overweight vehicles, and to carry them for longer what he’s done. Kudos to Che.”
distances. In daytime, they must be Stu Gerring, General Manager of Parks
accompanied by one Class 2 pilot vehicle, and Towing, says the ruling is a big improvement.
at night time, by two Class 2 pilot vehicles. “The main point of difference is traditionally, with
Some new HPMVs can be extremely heavy— heavy towing, the customer is left with the
over 60 tonnes and as much as 90 tonnes. problem of dealing with trailers. In the case of
Added to that is the 22 tonnes or so of towing chemicals or dangerous goods, you can’t leave
vehicle, making it crucial to find the safest place the trailer roadside. With this new permit, it
—and have the right equipment for the job. “You allows us to solve the entire problem rather than
have to have a truck that’s fit for purpose.” leaving the customer with a stranded trailer.”
LEFT: Cox Heavy Truck
Salvage has got the
lower North Island
covered.
—Photo: Simon Vincent
RTANZ NEWS 12Road Transport Association NZ Inc. March 2021
Parks Towing has permits to tow up to 60 and brother Dave, is in the name. “It’s towing,
tonnes: trucks and trailers, B-trains, quads, not lifting.”
semis, and all HPMV configurations. The All attachments are neatly stowed and
company has permits to carry over 200-plus labeled. For European trucks (like MAN,
kms, as well as over-dimensional loads. “We get Mercedes-Benz, Scania, and Volvo) a Euro
it sorted. We will tow your entire unit straight to attachment enables the towed vehicle to be
where it was to be unloaded, then tow the truck hooked up quickly and efficiently. North
to the dealer or workshop for repair,” says Stu. American and Japanese trucks are connected
“This takes the problem away for the customer with a different system.
with them not having to arrange second trucks Alongside this, Parks also operates a heavy
and drivers, saving them additional expenses recovery low loader plus another 8 x 4
and delays.” transporter.
Parks Towing operates a Kenworth specialist
heavy recovery unit. The Kenworth K104 is Click here for contact details:
powered by a C15 engine and the recovery unit
ACE Heavy Haulage
fitted is a Boniface Concept 3000 from the UK.
The total unit weighs 19 tonnes. Cox’s Heavy Truck Salvage
The Kenworth is a super-grunty but relatively Parks Towing
compact beast, which makes it more
maneuverable. Some people are puzzled how it
can shift such heavy loads. The secret, say Stu
Parks Towing records steady growth
F
or Parks Towing, the return to heavy
recovery and towing is the latest move in
steady growth for the company Stu and
Dave Gerring’s parents bought in Salisbury
Street, Christchurch, in 1994.
“We do more than just towing,” says Stu.
Parks grew from 13 staff in 2011 to 55 now.
The company purchased land and moved into
its purpose-built premise consisting of a 1,200
sq m workshop and a 28,000 sq m secure
storage yard in Hornby in 2017. Prior to the
purchase of this land the company was
working out of seven yards due to the
acquisition of three towing companies in the
past five years. Parks Towing operates a number of specialist
Parks Towing does more than just towing, vehicles, based in Christchurch.
with 25 highly experienced drivers who have
multiple different truck applications within its Within their automotive centre, alongside
35-truck fleet, from lay flat units specialized for their own fleet maintenance, they carry out
moving high end super cars and cradle trucks repairs and servicing for privately owned cars
for up lifting cars that are locked in park. and also cater for small fleet owners, providing
The company has six car carriers, low a managed preventative maintenance
loaders and winch trucks, and even a 4x4 program.
salvage tractor for off-road recovery. The other “With all of the hard work that Che Bartle
departments consist of an automotive has done working with Waka Kotahi NZ
workshop, auction and vehicle storage yard, Transport Agency to achieve this permit, the
and most recently, an engineering department. leaders of the towing industry can now provide
“We’re a very hands-on family owned and this solution to the transport industry whilst
operated business. We’re a one-stop shop,” remaining compliant,” says Stu.
says Stu.
RTANZ NEWS 13Road Transport Association NZ Inc. March 2021
Z Energy biofuels a move in right direction
Z Energy welcomes the move to greater energy efficiency.
T
he Climate Change
Commission has
recently released its
draft advice, signaling a
long-expected shift in focus
when it comes to the future
of energy in New Zealand.
The recommended carbon
budgets and route to
decarbonise the transport
sector is practical, and
looks to leverage a range of
existing technologies. It
does not rely on potentially
great but not yet
commercially available
options or “silver bullets”.
The transport sector
contributes 36 per cent of
New Zealand’s greenhouse
gas emissions, and the
recommendations from the Minister for Climate Change James Shaw, Prime Minister Jacinda Ardern, and
commission to reduce total Transport Minister Michael Wood at the Biofuels Mandate announcement, at
Te Kora Hou, Z Energy’s biodiesel plant in Wiri, South Auckland.
transport emissions include
the use of low carbon fuels
like biofuels and hydrogen for trains, ships and per cent biodiesel made from a by-product of the
heavy trucks—a recommendation preceded by agricultural industry (tallow), mixed with 95 per
three others: shifting journeys from private cars to cent regular diesel.
active mobility (walking and cycling) and public At launch, back in December 2020, Z’s
transport; and accelerating the uptake of electric General Manager of Supply, David Binnie, said
vehicles. Z is committed to playing our part in that converting the pumps to biodiesel at Z
helping to execute these Highbrook truck stop is part of
recommendations. the company’s intention to
Biofuels are a realistic
“Biofuels are a realistic continue delivering on low
option to start lowering the option to start lowering carbon fuels.
emissions of our existing fleet the emissions of our “While our biodiesel
now, as we simultaneously existing fleet now.” production plant, Te Kora Hou,
accelerate the uptake of remains in hibernation pending
electric vehicles. Between the increased customer demand or
Commission’s draft advice and a more favourable policy environment to support
the government’s recently announced package of low carbon fuels, we remain committed to
measures to tackle decarbonisation, biofuels will continuing to meet demand for biodiesel from our
become a meaningful part of the decarbonisation more forward-thinking customers.
puzzle for New Zealand. “To do so, we have imported a biodiesel from
Leading the way on this journey, as part of Z’s Australia that is similar to our own to supplement
commitment to give our customers lower carbon our remaining stocks. While we believe local
solutions, we have launched our first biodiesel production capability would be the best outcome
only truck stop at Highbrook, in Auckland. for New Zealand’s low carbon future, we are
Branded “Z Bio D”, the product is a blend of five pleased to support those customers, such as
RTANZ NEWS 14Road Transport Association NZ Inc. March 2021
infrastructure firm Dempsey Wood and NZ Post, • Z is using Highbrook to learn more about how
who are using biofuels as an immediate option customers are using a low-carbon fuel truck
for reducing their carbon footprint.” stop so we’re really keen on feedback: Feel
David said that one of the key benefits of free to share your thoughts with us by calling
biodiesel is its compatibility with existing diesel 0800 936 374 or emailing Zbusiness@Z.co.nz.
engines.
“Many of our customers have been seeking
lower-carbon options for parts of their fleet that
rely on diesel. Z Bio D meets this need, as it
complies with New Zealand’s strict diesel as well
as biodiesel specifications, meaning customers
can use it with confidence. It also improves
lubricity, which reduces engine wear and tear.
And the best part is, each tank of Z Bio D has
around four per cent less
greenhouse gas emissions
than a tank of regular
diesel.”
The policy environment
David spoke of in
December is now on its
way to becoming reality,
and we have a much
clearer view of the journey
ahead to reach net carbon
zero and the promise of the
policies to get us there. As
a business, this gives Z the
confidence to invest further
in being a part of the
solution, whether that’s in
biofuels, hydrogen, or
electrification. It also
provides a clear path for
many of our customers
who are trying to
decarbonize their own
businesses.
In a recently published
Spinoff article, Z’s Strategy
Manager, Sheena Thomas,
said: “We have the
foundation of what we
need to transition to net
zero in transport. The
technology exists and is
rapidly scaling up, the
people of Aotearoa have
the necessary skills, drive,
and empathy, and we now
have a sense of how
government, businesses,
and consumers can work
together to achieve big
collective outcomes.”
RTANZ NEWS 15Road Transport Association NZ Inc. March 2021
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RTANZ NEWS 16Road Transport Association NZ Inc. March 2021
Ask a lawyer
Make sure your IEAs are up to date
By Amanda Douglas
which are either not working for you, or which no
longer reflect your actual business practice. For
instance, if your current start and finish times for
working hours are quite different from what you
actually require of employees, then it is a good
idea to update the IEA to reflect your actual
business needs. Similarly, last year, we saw that
many employers’ IEAs did not contain, or
contained ineffective major events clauses,
which impaired their ability to adjust
employment situations as they needed to during
lockdown and beyond. There is also a raft of
really useful clauses that are not included in
standard employment agreements, but which
assist employers to more effectively manage the
key employee issues that we see arising in
D
disputes.
on’t mistakenly think that the only time
For similar reasons, it is important to regularly
you might need new individual
review your workplace policies to ensure that
employment agreements (IEA) is when
they continue to be fit for purpose and
you have a new employee. It is good practice as
adequately protect both you and your
an employer to update your employees’ IEAs
employees. Policies are handy to have as a
every so often. A good time to do this is when
supplementary document to spell out
legislative changes have occurred, changing the
procedures and processes and to feed
employment law that applies to your relationship
information to your staff. A
with your employees.
Code of Conduct is frequently
For instance, in the last
“It essential that you relied on during disciplinary
couple of years, there have
been changes to triangular have an up-to-date and processes, as it is the
documentary record of the
relationships, privacy legally correct standards required of
obligations, trial periods, rest agreement to refer to.” employees. Many employers
breaks and, coming up this
have introduced policies such
year, we are expecting to see
as a Family Violence Policy, to
changes to sick leave entitlements, minimum
meet their obligations regarding domestic
wage entitlements, changes to when employees
violence that came into law. In the transport
are able to take accrued annual and sick leave
industry, drug and alcohol policies are especially
entitlements, among a number of other things. If
important to set out expectations on employees,
you haven’t updated your IEA in the last couple
how testing will take place, and what happens if
of years, chances are that it won’t be up to date
there is a non-negative or positive test.
and it won’t align with the law.
If you update existing IEAs or policies, you
IEAs are one of the most important
must consult with employees first. If your
documents in the employment relationship. They
proposed changes are implementing legislative
are heavily relied on to ensure entitlements are
requirements or even just updating to reflect
met and, more importantly, when things go
your actual current business practice, then they
wrong or if you need to run a process with an
employee. It is essential that you have an up-to- are unlikely to be controversial with employees.
date and legally correct agreement to refer to. Nonetheless, you must still give employees a
Updating IEAs can also be useful for chance to give you feedback before you roll out
tweaking certain elements of the agreement any changes.
RTANZ NEWS 17Road Transport Association NZ Inc. March 2021
Wynn Williams offers a range of services to beyond that, we can assist for an hourly rate
RTANZ members to assist them with both fee.
running their business effectively and being Finally, each month this e-magazine contains
good employers. We draft IEAs for your a column written by Wynn Williams. Often this
business for a fixed rate. We have a range of involves answering topical questions that we
IEAs on offer, including basic agreements, IEAs have received from members or members’
specifically tailored for truckers, and we can employees relating to a legal query they have.
also draft IEAs more specifically targeted to your Other times, we update you on relevant legal
business for an hourly rate. We are able to draft information or upcoming changes to
either generic or tailored policies for a fixed fee, employment law that may affect you. At times,
including policies relating to health and safety, we also run training and seminars on the latest
vehicle use, surveillance, diversity, and many employment issues and have presented at the
more. RTANZ National and Regional Conferences. Feel
As well as the above fixed fee services, free to give us a call to discuss your legal
Wynn Williams is available to assist with legal issues.
advice in situations where you may need
assistance, for instance, when you are needing • If you are a member of RTANZ and have an
to dismiss an employee, run a disciplinary employment or health and safety related
process, manage health and safety hazards, or question for our column, please email Amanda
understand your options with employees off Douglas at Wynn Williams:
work long-term. However, this could also be amanda.douglas@wynnwilliams.co.nz with the
about TSL issues, debt collection, disputes, subject line: RTANZ Ask a Lawyer. If you need
defective repairs, property purchases, or any to update your IEAs or policies, or need more
other legal issue. detailed assistance with a legal issue, please
RTANZ members can call our help line email or call Amanda (03 379 7622).
number (03 379 7622) and receive 15 minutes of
free legal advice, and if you need assistance
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South Island: 03 379 7622 | North Island: 09 300 2600
RTANZ NEWS 18Road Transport Association NZ Inc. March 2021
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RTANZ NEWS 19Road Transport Association NZ Inc. March 2021
Health and safety
New rules on workplace investigations
By Rob Thomson, SBS Health & Safety Consultant
I
n June 2020, a court investigator to cover all people in the business
decision resulted in of carrying out investigations into a person’s
an impact to the way character, actions or behaviour. This is an
workplace integral part of an employment investigator’s
investigations are work.”
regulated. This
decision was brought What are the implications?
about by an employee This decision significantly restricts who can
who complained about carry out workplace investigations. The
her experience while PSPLA stated in their decision that, while the
being the subject of a breach was unintentional, the decision may
workplace investigation. have widespread implications for those who
The employee’s complaint and subsequent carry out business as employment
hearing resulted in the unexpected requirement investigators.
for Workplace Investigators to hold a valid Private External HR consultants or health and
Investigator (PI) licence in accordance with the safety workplace investigators who do not
Private Security Personnel and Private hold the requisite licence and are not
Investigators Act 2010. Many employment and practising lawyers will not be able to conduct
health and safety service providers are now workplace investigations and may be found to
scrambling to obtain the appropriate licence from be in breach of the Act.
the Private Security Personnel Licensing Authority Employers may continue to conduct their
(PSPLA). own internal investigations and law firms and
Workplace investigators must hold a individual lawyers with practising certificates
licence are exempt from the requirement to hold a PI
license and may continue to
Those who carry out conduct workplace
workplace investigations are
“This decision significantly investigations.
required to hold a Private
Investigator licence or be restricts who can carry out Grounds to conduct a
regulated under another Act workplace investigations.” workplace investigation
or scheme. This is because Companies often need to
the hearing found that conduct investigations
Workplace Investigators do following a workplace
in fact meet the definition of “Private accident or serious near miss, in response to
Investigator” as it was defined in the a complaint, or if there are allegations or
legislation: concerns of serious misconduct such as theft,
“In this Act private investigator means a bullying, harassment, or sexual harassment.
person who, for valuable consideration… A good investigation should result in
carries on a business seeking or obtaining for pragmatic corrective actions and allow your
any person or supplying to any person any organisation to move forward from the event
in a productive way and no doubt with
information described in subsection (2).”
lessons for employees and management.
Recognising that the decision would catch Investigations should be completed in good
many people off guard, the PSPLA noted in its faith and follow the principles of natural
decision that workplace investigations are: justice. For example, avoid forming
conclusions before gathering evidence and
“a relatively recent feature…. parliament
going through the investigation process.
clearly intended the definition of private
RTANZ NEWS 20Road Transport Association NZ Inc. March 2021
Why use an external investigator? and safety-related workplace investigations
for your business.
There are clear benefits to using an
external investigator such as increased • If you have any questions about the
objectivity, a “level playing field” for all changes to workplace investigations, or
participants of the investigation, as well as you need support conducting a workplace
the confidence that comes with using a investigation, please get in touch with a
licensed practitioner. member of the SBS Team on 0508 424
In addition, many companies simply don’t 723.
have the time or in-house expertise to carry
out investigations themselves, while others
want an independent perspective to
understand what has happened and make
recommendations on how to prevent the
problem from reoccurring.
Safe Business Solutions is licensed to
conduct investigations
Safe Business Solutions holds the
required Private Investigator licences so you
can be confident that members of our team
are competent and properly licensed to carry
out employment-related as well as health
RTANZ NEWS 21Road Transport Association NZ Inc. March 2021
Health & safety
COVID and advice for working from home
By Jason Shepherdson, SBS Health & Safety Consultant
A
lmost a year
ago, we were “This demonstrates that the
just being employer does genuinely care for
introduced to the
impact of several their team, which then in turn
new terms in our improves the safety culture of the
vocabulary: business.”
COVID-19,
Lockdown, Managed
Isolation, and getting The six steps that could help reduce those
to terms with Levels risks to your workers, and to your business, are:
1, 2, 3, and 4. Here we are now a full year later,
and most are still getting to grips with how this
impacts our lives—not only our personal lives, 1. Develop a work from home policy
but also how it has changed our working habits
and environments, too. Consider employee home office/workstation
With the pandemic continuing, many of us set-up, work scheduling, communication, work
are balancing working from home much more. environment, rests and breaks, and also
The Health and Safety at Work Act 2015 clearly consider mental health and well-being.
states that employers must take all reasonably
practicable steps to protect their workers. This
would include any additional risks from working
2. Risk assessment
remotely or from home. Start by having workers assess their own
Safe Business Solutions (SBS) would like to workplace for any risks. Once identified, work
remind businesses (Persons Conducting a with them to ideally remove those risks, or
Business or Undertaking, or PCBUs) of their introduce controls to reduce the risks to an
obligations to manage risk, and what those acceptable level.
risks may look like, including some practical
solutions to either remove or reduce those risks • Laptops and monitors overloading
to a sufficient level. Remember, a worker extension cords:
working in their own home, which has now just
Does working from home impact on their home/
become a “place of work” would be viewed no
contents insurance in the event of an incident or
differently from a H&S perspective, as if they
property damage, e.g., fire?
were sitting at their usual office desk, where is
reasonably practicable. • Ergonomic set-up of workstations:
Musculoskeletal Disorders (MSDs) and
Temporarily propping monitors on phone books
injuries that affect soft tissue (muscles/tendons/
vs. permanently providing adjustable brackets
ligaments), could soon start affecting your
for desk monitors.
workers.
Don Patten, a Specialist in Ergonomics, • Working in isolation:
says: "Many home office workers may be
Consider options to interact periodically, e.g.,
experiencing physical discomfort because of
supervisors zoom-calling their direct reports
poor workstation design, particularly if they
weekly.
have a temporary set-up at a kitchen table.
Their discomfort could soon manifest itself as • IT / Data / Privacy Protection:
an MSD."
Are controls in place to manage risks
Taking some action now would reduce the
associated to data corruption, loss, or breach?
likelihood of these types of injuries occurring.
RTANZ NEWS 22Road Transport Association NZ Inc. March 2021
3. Worker awareness
6. Monitor & Review
All workers, including those people working
remotely/from home, must understand the risks Once you have done all the groundwork, do
associated with working from home, e.g., MSD, not then just forget about those risks and controls
and any preventative control measures including —ensure you maintain checks/inspections to
but not limited to: work-station set-up, lighting, monitor whether the controls introduced are still
and distractions. Consider the differences for working effectively. If not, this provides an
workers requiring only a temporary home office opportunity to change them.
solution vs. those workers who may be Documenting these risks, controls, and checks
permanently working from home. The controls is important to allow the PCBU to efficiently
would almost certainly be different. monitor and review that everything is running as
Also, management must have awareness in smoothly as possible.
understanding of relatively simple controls
around: regular breaks, flexibility around working • If you would like to discuss how we may be able
hours, keeping meetings short, reminders to shift to support you with managing these risks or
postures/positions, listening and watching for providing awareness training, please call Safe
signs of stress/discomfort, even just checking in Business Solutions Ltd, Freephone 0508 424
by regularly asking employees how they are 723.
feeling. Often what starts out as discomfort
progressively gets worse.
4. Reporting
Timely reporting of any incidents, injuries, near
misses and also no-treatment injuries or
discomfort: This is not only an employee
obligation in most employment agreements, but it
is an early warning for the employer that ####################################
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minor discomfort, resulting in lost time, but also
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5. Provide support services
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Keep track of your assets
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Are employees coping with their different with EROAD Where
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this therefore creates an increased risk of over- • Improve asset utilisation
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Employers can monitor use of these services, and ####################################
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see if any increased use is identifying patterns
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RTANZ NEWS 23Road Transport Association NZ Inc. March 2021
Essential information for members
The Road Transport Forum (RTF) is the central for non-members. To purchase, please email
point of communication for the road freight forum@rtf.nz or call (04) 472 3877.
transport industry. Visit the RTF website here to
COVID-19
keep up to date on media releases, Nick’s blog,
submissions, and advisories. WorkSafe signed off road freight transport
specific guidance and protocols developed by
General information the RTF to help businesses be safe during the
The COVID-19 website: https://covid19.govt.nz/ COVID-19 alert levels. These remain best
has general information including Government practice at this time.
support available to businesses. WorkSafe—COVID-19 safety plan
2019 Operator Cost Comparison Report— WorkSafe has developed a template to help
how to get your copy develop a COVID-19 safety plan, which you can
The latest operator cost comparison report is find here.
now available for purchase from RTF. The report
presents the results of a confidential cost survey
of trucking businesses across New Zealand
conducted for the RTF by the New Zealand
Institute for Business Research (NZIBR),
University of Waikato.
The latest survey covers the financial year of
2019. The cost of copies of the report are:
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