Experience F: Office Conduct and Practice Management

Question 1

What is the Fair Trading Act 1968

Answer 1

Promotes fair competition and protects consumers from misleading or deceptive practices in trade.

Question 2

What is the Consumer Guarantee Act 1993?

Answer 2

Establishes guarantees for consumers in the purchase of goods and services. Ensures the goods/service is of an acceptable quality, fit for purpose, and matches the proposed description.

Question 3

What is the Employment Relations Act 2000?

Answer 3

Governs the employment relationship between employer and employee, including employment standards, agreements, and dispute resolution processes among others.

Question 4

What is the Health and Safety at Work Act 2015?

Answer 4

Aims to ensure the health and safety of workers and others in the workplace. It sets out responsibilities for employers, employees, and their parties to identify and mitigate workplace hazards and promote safe practices.

Question 5

What is the Building Act 2004?

Answer 5

Provides the framework for regulating building work in New Zealand. It covers various aspects of building and construction, including building consent, inspection processes, compliance with building codes and standards, and resolution of building-related disputes.

Question 6

What is the Resource Management Act 1991?

Answer 6

The RMA governs the sustainable management and use of natural and physical resources in New Zealand. It sets out the requirements for resource consents, land use planning, environmental impact assessments, and other activities that may impact the environment.

Question 7

What is the Construction Contracts Act 2002 / Construction Contracts Amendment Act 2015?

Answer 7

Provides mechanisms for managing payment disputes and facilitating timely and fair payments in construction contracts.

Question 8

What are Building Regulations made under the Building Act 2004?

Answer 8

They provide specific technical requirements to ensure buildings are safe, healthy, and durable.

Question 9

What is the New Zealand Building Code?

Answer 9

A set of performance standards under the Building Act 2004. It provides the minimum requirements to ensure buildings are safe, healthy, and durable.

Question 10

What are the New Zealand Standards?

Answer 10

They are technical standards that provide guidelines and specifications for various industries and sectors, including construction and architecture.

Question 11

What is the Registered Architects’ Act 2005 & Registered Architects Rules 2006?

Answer 11

Ethical conduct for Registered Architects: It establishes the legal framework and ethical guidelines for the registration and professional conduct of architects in New Zealand

Question 12

What is the NZRAB?

Answer 12

New Zealand Registered Architects Board. They are a statutory entity tasked with registering, monitoring, and if need be disciplining architects,

Question 13

What is the NZIA?

Answer 13

New Zealand Institute of Architects. They are a membership-based professional organisation that represents registered architects and promotes architecture in New Zealand.

Question 14

What is the NZACS?

Answer 14

The New Zealand Architects Co-operative Society are set up to provide risk management services. They provide Professional Indemnity insurance and additional cover.

Question 15

What is PI insurance?

Answer 15

Professional Indemnity insurance provides financial protection to safeguard their businesses for claims made against them in carrying out their professional services or advice.

• Provides cover for damages and claimant costs awarded against you.
• Costs incurred such as legal and defence costs.
• Claims investigation costs.
• Inquiry attendance costs
• Public relations cost.

Question 16

What is covered in PI insurance?

Answer 16

• errors, mistakes and omissions in your work or professional advice
• Missed deadlines and undelivered services
• Professional negligence
• Breaches of contract

Question 17

What is not covered in PI insurance?

Answer 17

• Intentional damage
• Any circumstances or claims that are known before your insurance period begins
• Acts of dishonesty and fraud.
• Accidental injury and property damage.

Question 18

What is Public Liability insurance?

Answer 18

Protects you from financial losses arising from a claim of 3rd part property damage or accidental injury (not covered by ACC) as a result of you going about your business, even if you rent your premise.

Question 19

What is typically covered by Public liability insurance?

Answer 19

• Damage to 3rd party property
• Financial loss resulting from damage to a 3rd party property.
• Injury, illness, or death (that is not covered by ACC) that is caused by your negligence.

Question 20

What is not covered by Public liability insurance?

Answer 20

• Employee injuries
• Damage to your own property
• Compensation when a personal injury is covered by the ACC.

Question 21

What is Business Insurance?

Answer 21

Insurance in place to protect your contents (including IT equipment), and premises from the risk of damage caused by fire, storms, theft, vandalism, or even earthquakes.

Question 22

What is Cyber liability?

Answer 22

Provide protection covering extortion costs, fines and penalties, investigation and data recovery costs, business interruption costs, and PR/crisis management costs.

Question 23

How has client satisfaction been monitored during the entire design process on Cremorne?

Answer 23

Satisfaction has been monitored and tracked through seeking their feedback on the design and current progress/stage of the project.

Valuing their input and adhering to project timelines as well as being transparent through all stages of the design process. Communication and transparency is key.

Question 24

What are CPD?

Answer 24

Continued Professional Development (CPD) has been set up by the NZRAB to ensure architects maintain a high level of professional competence and stay updated with industry developments. minimum 1000CPD points are required within a five-year period.

Question 25

What is the MBIE?

Answer 25

Ministry of Business, Innovation, and Employment.

Question 26

What does the MBIE do?

Answer 26

Public service department of New Zealand charged with delivering policy, services, advice, and regulation which contribute to New Zealand’s economic productivity and business growth.

Question 27

What is the NZRAB Code of Ethics?

Answer 27

Defines the profession to meet the minimum standard for registration as a registered Architect. An architect must be able to
- Conduct his or her practice of architecture to an ethical standard.

Question 28

What are some of the Do’s of Professional Indemnity Insurance?

Answer 28

• Ensure the practice/you have adequate cover for the project.
• Review the level of excess that is applicable to the nature of work you are undertaking
• notify your insurer immediately of any possible claim
• notify your insurer of any unusual conditions of engagement
• Budget for the policy excess and office time for a claim in your fee assessment and financial plan.

Question 29

What are some of the Dont’s of Professional Indemnity Insurance?

Answer 29

• Don’t assume your architectural contract will be risk-free. Budget time and money for this risk.
• Don’t agree to a job specific policy which is separate from the normal policy that the office holds.
• Do not divulge the value of the policy cover that the practice has in place
• Do not proceed with joint venture work with another practice without notifying your own insurer and defining your own practice’s responsibilities.
• Never accept changes in conditions of engagement which contains words like “assure” and “ensure” and “guarantee”. NEVER guarantee the work of others.
• Do not sign conditions of engagement with unlimited liability clauses.
• Do not sign conditions of engagement which provide a duty of care in excess of your common law duty.

Question 30

What is Tort Law?
What are examples of Tort?

Answer 30

Tort is civil wrong unto others that causes them to suffer loss.
Examples;
Negligence | Errors in documentation, providing misleading cost estimates, budget blowouts, not managing client expectations.
Defamation
Deceit
Nuisance
Trespass

Question 31

How long does Tort apply for?

Answer 31

10 years as per the Building Act 2004. Claimant has 3 years to make claim from when loss of breach is discovered.

Question 32

What is the difference between Negligence and Gross Negligence?

Answer 32

Negligence relates to the mistake that is made unintentionally by the defendant.
Gross negligence relates to the mistake that is made with complete disregard to your duty of care under statute/tort/contract law.

Question 33

What is Contract law?

Answer 33

An agreement between two parties that creates and obligation to perform.

Contract law under the Limitations Act is limited to 6 years. This is often considered to start from practical completion or CCC (Code Compliance Certificate), however, under AAS this is from the signing of the agreement.

Question 34

How can you be sued under Contract Law

Answer 34

• Failing to fulfil the services as agreed.
• Not providing adequate observation on site as agreed in contract.

Question 35

What is Statute Law?
How can you be sued under it?

Answer 35

Statute law is written legislation for example the Building Act, Consumer Guarantees Act, Fair Trade Act etc.
A Breach in statute law may include non-compliance with the building code. This would also be suable under tort law.
Misrepresentation under Fair Trading Act.

Question 36

What is criminal law?

Answer 36

Criminal law relates to acts which are threatening, harmful, or otherwise endangering to the property, health and safety, and moral welfare of people.

Question 37

What are the liability implications of private jobs for the employer and employee?

Answer 37

Employer needs to outline in the employees agreement their position on private jobs to minimise their exposure to claims.
It should be clear to the employee that private jobs should not take place in the office, during company time, or on company stationary or with the use of company equipment.
Employees should clearly outline to their clients that they are not working on behalf of their firm.

Question 38

What are the key elements of the Health and Safety at Work Act?

Answer 38

• Protect workers from harm to their health and safety by the minimisation or elimination of risk in the workplace.
• provide fair representation, consultation, and resolution of issues.

Employers must provide a safe environment for the employees both in the workplace and on site visits. this includes the use of the correct PPE gear, hard hats, high vis vests, safety boots, safety glasses, ear muffs etc.

Safety in Design is one of the elements of the new Act that requires greater care.
Written records must be made regarding the identification of risks in designs, the minimisation or elimination of these risks, and the coordination of this information with other consultants so that this can be handled both to the contractor and clients.