Back to Body Corporate, Multi-Living News & Commentary
Print Download PDF

Crockers Multi Living July - September 2017

ISSUE 43 | July - September 2017

Asbestos Within A Body Corporate

The Health and Safety at Work Act 2015 came into force on 1 April 2016. Under the Act, a person in control of a business or undertaking (PCBU) has a number of responsibilities – including responsibilities relating to asbestos.

As a Body Corporate, you are a PCBU.  This means that you have an obligation, so far as reasonably practicable, to identify asbestos within your property if your building was built pre 2000.

Your first obligation is to identity asbestos or “asbestos containing material” in the workplace.  Yes, this sounds daunting, but there are a number of options available to you and your Crockers Body Corporate Account Manager will be able to assist you with any information you require around this process.

Option 1:

a.      Gather preliminary information about whether there is a risk of exposure to asbestos fibres in you property. There are a number of factors to take into account including;
            * when was your building was built?
            * have there been any refurbishments or additions?
            * what materials were used to build the building?
            * any photographs or previous building records? 

b.      Once you have conducted the preliminary information gathering process, you can decide whether it is necessary to engage someone to conduct a more in-depth identification exercise. 

c.       If you believe that asbestos could be present (ie. even just simply taking into account the age of your building), you should engage someone who has experience to identify whether in fact there is asbestos.

Option 2:

d.      You can engage a person or company with experience in identifying where asbestos is or may be present within your property. 

  1. Crockers have approached Stuart Wilson at Maynard Marks as we have a long standing relationship with Maynard Marks and Stuart has advised that they are Licensed Asbestos Assessors through WorkSafe NZ and are qualified to undertake this assessment.
    If you wish to contact Stuart Wilson at Maynard Marks, his details are:
    PHONE: 09 912 2553 or EMAIL:

Option 3:

e.       You can approach an individual asbestos assessor to assist you in identifying whether you have reasonable grounds to believe asbestos is present.  We would recommend that if you were to select this option, then please engage a WorkSafe NZ Licensed Asbestos Assessor.

The only option which is not available is to do nothing!

Your alternative to undertaking such a review is to simply assume that there is asbestos within your building.  This means that you will need to manage the asbestos until it is removed or until you receive a report advising that the building does not have asbestos (ie: by testing).  You will also need to put together an Asbestos Management Plan.

This may sound onerous and all sounds like extra work for you, however, there are significant penalties under the Act for failing to comply.  If you have any concerns or questions, talk to your Crockers Body Corporate Account Manager.

Introducing Crockers Community Living Professionals

With the ever increasing number of Residents Societies being managed by Crockers, we now have in place a specialised team of Community Living Professionals to support and manage this growing community. This team works closely with the Committee to manage these large scale communities, which sees them becoming involved in very different areas to that of our other entities such as Bodies Corporate, Cross Leases and Limited Companies. The team not only has been designed to manage the Societies current requirements but has also been designed to grow with each individual entity as their needs change. 

Is Our Body Corporate Entitled To A Rubbish Rebate?

If you currently live, own or rent within an apartment complex with 10 or more units, then you are entitled to use a private contractor for your waste and recycling removal.

The private contractor, unlike the local Council service will:

  • Collect the bins from a centralised area within your complex – you don’t have to put you bins out anymore and retrieve them
  • Collect more regularly and if needed daily – you might only need less than a quarter of your current bin supply
  • Customise the collection time –  no more early wake up calls
  • Offer a bin cleaning service – no more stinky bins
  • Provide an inorganic removal service – messy inorganics removed within 48 hours
  • Always empty the bins even if they are contaminated – so no more unemptied recycling bins sitting in front of the property with Council stickers on them

All you have to do is contact your Account Manager at Crockers Body Corporate Management and they will organise the paperwork for you. Plus, the best news is, each unit will receive a rates remission for collection. The Council deletes the charge for waste and recycling collection off your rates. The private contractor charges near on the same charge per year. This is service is only available to apartment complexes in the Central Auckland area and the cut-off date for transitioning over is 1 July of each year. If you would like to consider this service for your Body Corporate for next year, talk to your Crockers Account Manager. 
This article was provided by Rubbish Direct Ltd

Changes To The Act And Regulations

The Unit Titles Act 2010 (the “Act”) have been amended by Part 2 of the Regulatory Systems (Building and Housing) Amendment Act 2017. The changes, which are largely technical in nature, came into force on 30 May 2017.

The majority of the changes relate to:

  • Grammar and style – through punctuation changes, simplified phrasing, and paragraph structures
  • Defined terms – through wording changes and new terminology
  • Inconsistencies – within the legislation have been addressed
  • More substantive changes relating  to:
    • The calling extraordinary general meetings (EGM’s)
    • The cancellation of unit plans

The Unit Titles Regulations 2011 (the “Regulations”) have also been amended to align with the changes made to the Act and are limited to:

  • New and amended provisions relating to calling EGM’s
  • New and amended statutory forms
  • Consequential amendments to update section references

An introduction of a new section 89A and amendments to section 90 of the Act make it a statutory requirement for an EGM to be held if it is requested by a notice signed by or for the owners of at least 25% of principal units. A new regulation 8A sets out the process for calling that EGM. Most importantly for unit owners, the notice of EGM (Agenda) must be sent out not more than five working days after the Chairperson receives the section 89A notice.

Changes to section 177 of the Act clarify what is required for a body corporate to cancel its unit plan by way of application to the Registrar. The primary change provides that Bodies Corporate must either reassess ownership interests prior to making an application or decide not to reassess ownership interests. If the latter, the Body Corporate must give its reasons. Further, a decision not to reassess ownership interests requires a special resolution, and such a decision is considered a designated resolution.

Meet The Team

As part of an ongoing series, we would like to introduce you to our Body Corporate team.  This is an insight into team members and what they do as an integral part of Crockers. Meet Sue Rubanand, Body Corporate Account Manager at Crockers.

Sue moved to New Zealand with her family from South Africa in 2008 and has a BCom(HR) Degree. Since being in New Zealand, Sue has worked in the world of Bodies Corporate, and joined Crockers over 9 months ago and enjoys being part of the Crockers team.

Currently managing residential and commercial bodies corporate in Auckland and the Wellington area, Sue finds that being an Account Manager requires diversity and calls on a range of skills, experience and knowledge which she has gained over the last 9 years. Sue has a great personality and is able to deal with different types of clients and circumstances and really enjoys her role, as no 2 days are the same!

I’m officially a rugby fan and a huge All Blacks supporter. Over the next few years I would like to travel locally and internationally. I keep a positive attitude and love the simple things in life, going for long walks, spending time with my family and my 12 year old son keeps me busy on the weekends.  I’m involved in charity work and practice daily yoga and meditation to rejuvenate myself and to keep a balanced mind.