BUSINESS PRACTICE ASSIGNMENT
Guarantees:Retailers and other such suppliers guarantee their goods will:
FAIR TRADING ACT
Be of acceptable quality
Be fit for a particular purpose that you asked about.
Match the description given in advertisements or sales brochures, or by the sales assistant.
Match the sample or demonstration model.
Be owned by the consumer, once purchased.
Be a reasonable price, if no price or pricing formula has been previously agreed.
Manufacturers (this includes importers) in New Zealand guarantee that:
Spare parts and repair facilities will be available for a reasonable time.
They will honour any written warranty that comes with their products.
Goods are of acceptable quality.
Goods match their description.
Service providers guarantee their services will be:
Performed with reasonable care and skill.
Fit for the particular purpose they were supplied for.
Completed within a reasonable time.
A reasonable price, if no price or pricing formula has been previously agreed.
Acceptable quality
This means goods:
Do what they are made to do.
Are acceptable in appearance and finish.
Are free from minor defects.
Are safe and durable.
The Act's terms "reasonable" and "acceptable" are deliberately open-ended. It depends on what a reasonable consumer would think was acceptable based on the nature of the goods, the price, and any statements that have been made about the goods. A concert violin is required to meet a higher standard than a child's cheap instrument. Ultimately a tribunal referee or a judge may have to decide what is reasonable or acceptable in the circumstances.
If a defect was pointed out to you before you bought the good, then it doesn't count towards making it unacceptable.
A warranty is the manufacturer’s or trader’s guarantee that goods or services will last as long as the warranty says it will.
The terms and conditions of the warranty are decided by the manufacturer or trader and might cover more or less than the Consumer Guarantees Act offers.
The warranty doesn’t replace your rights under the Consumer Guarantees Act. And the trader can’t tell you that it does.
Always read the fine print because this will enable you yo know what the conditions are and some warranties may not appear to be as they seem.
Quotations
quoate is as follows
Name and name of customer:
date:
Items listed(parts extras):
labour:
price of the above and below:
GST if you want to
maybe an explanation of what needs to be done to justify this quote
When one operates a business involving the offering of goods and/or services, it is common practice to give a quote before taking on a job. The best way to ensure that a quote will be legally binding is to do all of the following:
- record the quote in writing, preferably as part of written terms of trade
- give the written quote to the prospective customer
- keep a copy for yourself
- get the customer to sign a copy of the quote (or the terms of trade if you have used them) before supplying the goods or services
Cultural issues.
This is usually language barriers that occur with misunderstandings either as a customer or a worker. Being aware of this is important as this can lead to vague understanding of price/cost of jobs or what was asked to be done.
The Fair Trading Act 1986 protects you against being misled or treated unfairly by traders or shops.
The Act prohibits what is called "misleading or deceptive conduct, false representations and unfair practices". It also sets out when information about certain products must be disclosed to consumers, and helps ensure products are safe.
The Act applies to everyone in trade. As well as traders and shops, the Act covers government agencies and state-owned enterprises. Most of the Act does not cover private sales.
The difference between the Fair Trading Act (FTA) and the Consumer Guarantees Act (CGA) is that, in general, the FTA covers claims about products and services prior to sale and the CGA covers the quality of those products and services after they have been bought.
HEALTH AND SAFETY IN EMPLOYMENT ACT 1992 (HSE ACT)
The object of the Health and Safety in Employment Act 1992 is to promote the prevention of harm to all people at work, and others in, or in the vicinity of, places of work.
The Act applies to all New Zealand workplaces and places duties on employers, the self-employed, employees, principals and others who are in a position to manage or control hazards.
The emphasis of the law is on the systematic management of health and safety at work. It requires employers and others to maintain safe working environments, and implement sound practice. It recognises that successful health and safety management is best achieved through good faith co-operation in the place of work and, in particular, through the input of those doing the work.
The Department of Labour administers and enforces the HSE Act in most workplaces.
The Maritime New Zealand and Civil Aviation Authority administer and enforce the Act in the maritime and aviation sectors respectively. New Zealand Police works with the Department to enforce the Act in relation to commercial vehicles.
LAND TRANSPORT REGULATIONS FOR TRAILERS
EARN THE BASICS AND TOWING SHOULD BE SAFE
A simple trailer is the commonest variety and has a single axle. Even a simple trailer can put a large weight on the rear of a tow vehicle and potentially interfere with steering, braking and traction by unweighting the front axle.
SIZE IS IMPORTANT
Make sure the trailer coupling and the tow ball are an appropriate fit. Modern tow balls are 50mm in diameter, slightly larger than older ones (47.6mm). All trailers require a safety chain in case the coupling device breaks. The chain must be short enough that it prevents the trailer coupling from dragging on the ground.
WHAT THE LAW REQUIRES
Your trailer requires a Warrant of Fitness (WoF) and registration.
If the trailer hasn't been used for a long time, check tyre pressures, tread depth, wheel bearings and whether the warrant is still current.
It must have amber or white forward-facing side lights if its width exceeds two metres and if it was registered after 1977. If it is wider than 1.5 metres it requires two tail-lights. If first registered after 1977, it must also have two stop lights. However the latter are not needed if arm signals or tow vehicle stop-lights can be seen by following drivers.
Similar rules apply for indicators. Two red reflectors are also required by law and a white light to show the trailers registration.
If the trailer hasn't been used for a long time, check tyre pressures, tread depth, wheel bearings and whether the warrant is still current.
It must have amber or white forward-facing side lights if its width exceeds two metres and if it was registered after 1977. If it is wider than 1.5 metres it requires two tail-lights. If first registered after 1977, it must also have two stop lights. However the latter are not needed if arm signals or tow vehicle stop-lights can be seen by following drivers.
Similar rules apply for indicators. Two red reflectors are also required by law and a white light to show the trailers registration.
THE TRAILER LOAD
When packing the trailer, ensure the load is evenly distributed. If it is unbalanced, it may cause swaying.
Ensure your load is properly secured. No part of the load should be in contact with the ground, and nor should any part of the load extend more that 1.25m either side of the centre line of the trailer.
If the load extends, more than 1.0 metre behind the trailer, attach a white, red, orange or yellow fluorescent flag to indicate where the load ends. The load must not extend more than 4.0m behind the axle or the mid-point of the tow trailer axles
Check there is a downwards force - around 30-40kg - on the towball because any less and trailer stability may be affected. The drawbar should appear level or slightly nose down
Avoid filling your hatch or boot with gear as this will further unload the front axle.
Ensure your load is properly secured. No part of the load should be in contact with the ground, and nor should any part of the load extend more that 1.25m either side of the centre line of the trailer.
If the load extends, more than 1.0 metre behind the trailer, attach a white, red, orange or yellow fluorescent flag to indicate where the load ends. The load must not extend more than 4.0m behind the axle or the mid-point of the tow trailer axles
Check there is a downwards force - around 30-40kg - on the towball because any less and trailer stability may be affected. The drawbar should appear level or slightly nose down
Avoid filling your hatch or boot with gear as this will further unload the front axle.
DANGEROUS GOODS ACT
(NOTE THIS ACT DIFFERS DEPENDING ON YOUR COUNCIL)
LICENSING
9. Licensing of premises for storage of dangerous goods---(1) A local
licensing authority may, on application in such form as it may require
and after receiving any prescribed fees, grant licences for the storage
of dangerous goods within the district of that local licensing
authority.
(2) The Chief Inspector may grant licences for the storage of
dangerous goods within any district, area, or place for which he is the
licensing authority.
(3) Notwithstanding subsection (1) of this section, where any premises
to which this Act applies are situated partially within the district of
one licensing authority and partially within the district of another
licensing authority or other licensing authorities, the Chief Inspector
may designate any one of those licensing authorities to be the sole
licensing authority for those premises.
(4) On any application for a licence under this section, the licensing
authority may---
(a) Grant the licence in accordance with the application; or
(b) Grant the licence subject to such modifications of the proposals
as it or he thinks fit, having regard to the interests of public
safety or the safety of any person or the protection of any
property; or
(c) Refuse to grant the licence if it or he thinks the interests of
public safety so require.
(5) The licensing authority in granting, or after having granted, any
licence under this section, may impose such further conditions as it or
he thinks fit in the interests of public safety or the safety of any
person or the protection of any property:
Provided that the applicant for a licence or the holder of a licence
may, within 14 days after the imposition of any further conditions and
notwithstanding section 14 of this Act, object in writing to all or any
of the further conditions to the licensing authority which imposed them,
and that licensing authority shall refer the matter to the Chief
Inspector who may reject, modify, or confirm the further conditions
being the subject of the objection and the licensing authority shall
advise the objector in writing of the Chief Inspector's decision. For
the purposes of an appeal under section 14 of this Act the decision of
the Chief Inspector shall be deemed to be the decision of the licensing
authority.
(6) Any person who commits a breach of any condition imposed by a
licence or by a licensing authority under this section commits an
offence against this Act.
Cf. 1957, No. 20, s. 16Regulations
35. Regulations---The Governor-General may from time to time, by Order
in Council, make regulations for all or any of the following purposes:
(a) Prescribing the quantities of dangerous goods that may be stored
or used in premises in respect of which licences are issued
under this Act for the storage of dangerous goods, or in depots
established or maintained by local authorities pursuant to this
Act, or in premises which are not required to be licensed, and
the manner in which and the conditions subject to which any such
goods shall be so stored or used:
(b) Prescribing the circumstances under which premises are not
required to be licensed for the storage and use of dangerous
goods:
(c) Prescribing, with respect to the licensing of premises and to the
establishing by local authorities of depots for the storage of
dangerous goods, conditions as to the location of those premises
and depots, and their construction, equipment, and maintenance:
(d) Prescribing the fire-fighting equipment that must be kept in or
provided for use in premises in respect of which licences are
granted under this Act or in premises which are not required to
be licensed, or in depots established by local authorities under
this Act, and on vehicles used for the carriage of dangerous
goods, and providing for the maintenance and periodic testing of
that equipment:
(e) Prescribing rules to be observed in the interests of public safety
in any place where dangerous goods are stored, used, handled, or
exposed, and in the carriage of dangerous goods:
(f) Regulating the loading, unloading, and carriage of dangerous
goods, and the routes to be taken by vehicles carrying dangerous
goods:
(g) Regulating the construction of, and the fittings and appliances to
be carried on, vehicles carrying dangerous goods, and providing
for the approval of tank vehicles for the carriage of dangerous
goods:
(h) Regulating the granting, transfer, amendment, and renewal of
licences granted under this Act:
(i) Prescribing the method of packing dangerous goods, and the marks
to be placed on dangerous goods or the containers of dangerous
goods and on the outer packages of those containers:
(j) Prescribing the construction of testing apparatus, the manner of
testing petroleum and other flammable liquids or materials, and
the method of ascertaining the flash point of such liquids and
materials:
(k) Prescribing fees to accompany applications for granting and
renewing licences, and fees for approving equipment, appliances,
and vehicles, and fees for testing dangerous goods:
(l) Regulating the disposal or repair of containers that have
contained dangerous goods, and the handling and cleaning of such
containers:
(m) Prescribing requirements to be met in the construction,
manufacture, installation, testing, or servicing of any
container, pipeline, plant, pump, or other equipment used or
intended to be used for, or in connection with, dangerous goods:
(n) Prescribing fees payable in respect of an initial inspection by an
Inspector of premises which are subject to the provisions of
this Act or regulations made under it, but which are not
required to be licensed:
(o) Prescribing offences in respect of contravention of or
non-compliance with any regulations made under this Act or any
requirement or direction made or given pursuant to any such
regulation; and prescribing penalties not exceeding [$5,000] in
respect of any offences prescribed under this paragraph and, in
the case of continuing offences, prescribing further penalties
not exceeding [$1,250] for each day during which the offences
have continued:
(p) Providing generally for preserving the public safety or the safety
of any person or the protection of any property from the threat
of fire or explosion or other hazard resulting from dangerous
goods:
(q) Providing for such matters as are contemplated by or necessary for
giving full effect to the provisions of this Act and for its due
administration.
Cf. 1957, No. 20, s. 38
In para. (o) the expressions ``$5,000'' and ``$1,250'' were
substituted for the expressions ``$1,000'' and ``$250'',
respectively, by s. 2 (b) of the Dangerous Goods Amendment Act 1983.COUNCIL BY-LAWSIf you’re going to start your own business, buy an existing business or change or expand your current business there are some things about where you want to locate and how you will operate your business that you should consider. Any environmental effects of locating and operating your business are considered under the Resource Management Act (RMA).Your business will probably be located and operated in a community where people live, play, shop and work. The things you do at your business premises can affect those living around you, just as their activities can affect you. Effects could be positive, such as added vitality for your locality, or negative, such as increased noise or decreased water quality.The Resource Management Act requires district/city and regional councils to address these types of effects in plans that help them manage the environment. These plans contain rules and standards for activities that might affect the environment.If your business activity doesn’t fit within the rules and standards you may need a resource consent before you can operate. Both regional councils and district and city councils have plans and rules which could affect you setting up your business. When the council considers your application for resource consent, it follows the processes set out in the RMA.So… early in your planning for your new business, it pays to check out what the district/city and regional plans say about what you want to do and where you want to do it. Ongoing responsibilitiesIn setting up and operating your business, you need to be aware of your ongoing responsibilities.If your business was established by meeting the plan rules and standards (permitted activity) you will need to continue to comply with these provisions. If your business grows to a point that you no longer meet the plan provisions, you may need a resource consent.If you got a resource consent to start your business you will need to comply with your consent. This is what you said you would do in your application (how you described your business) and any conditions the council imposed on your resource consent. This may include things like how you operate (eg, hours of operation, numbers of staff) and physical works (forming carparks, planting and maintaining landscaping, treatment of a discharge).Unless your resource consent says otherwise you are expected to fully comply with your consent on the day you start operating. Compliance will not wait until your cash flow is established and your business is financially stable.There are consequences if you don’t comply. You could face enforcement action and be prosecuted. This can affect your ability to operate your business.BUSINESS AND ENVIRONMENT-FRIENDLY TAX CHANGES
Businesses can claim tax deductions for environmental expenditure. The types of deduction available are for:
- cleaning up contaminated land
- establishing a voluntary site restoration fund
- costs incurred in investigating and testing options to avoid, remedy or mitigate the discharge of contaminants, and for environmental monitoring
- improvements that prevent or mitigate the discharge of contaminants.
HEALTH AND SAFETY IN EMPLOYMENT
2.3 Hazard management responsibilities (sections 7-10)
Sections 7- 10 of the Act set out in more detail the steps an employer must take to manage significant hazards in the place of work.These duties complement and describe a process for meeting the employers' general duties set out in section 6 of the Act.The process for managing significant hazards is based on the ergonomic principle that the workplace should be modified to suit people, not vice-versa. The steps are:Identifying hazards - involves recognising things which may cause injury or harm to the health of a person, for instance flammable materials, ignition sources, or unguarded machinery (section 7);Assessing the hazard - involves evaluating whether the hazard is significant (section 7(1)(c)) and the likelihood and degree of injury or harm occurring to a person if they are exposed to a hazard; andControlling the hazard - by taking all practicable steps to eliminate, isolate, or minimise significant hazards (sections 8,9,10).Monitoring any exposure - to a hazard that has been minimised (section 10).The control of occupational injury and disease hazards should preferably be dealt with by design or redesign, substitution, separation or administration. These controls generally eliminate, isolate, or minimise hazards in a more reliable manner than personal protective equipment.Controls may reduce the significance of a hazard or the likelihood of it causing harm to employees or others.Where regulations require specific methods to control the hazard, these must be complied with (see 1.6, How the Act sets more detailed standards).It is important to regularly review the steps of hazard management, especially if there are changes in the work environment, new technology is introduced, or standards are changed.Involving employees in hazard management
Employers have a duty to provide reasonable opportunities to employees to participate effectively in ongoing processes for improvement of health and safety in their place of work (section 19B).This applies in particular to the processes set out in sections 6-13 of the Act.The Act specifies circumstances where a system is required to be in place to properly canvas the views of employees. Safety and health committees and representatives provide a means for such consultation and co-operation, and their establishment is encouraged.[Refer to the fact sheet, Employee participation]The legal responsibility for safety and health decisions at a workplace rests with the employer, but the consultation process should help employers to reach decisions which take into account information and recommendations provided by employees or a workplace health and safety committee or representatives.Identifying hazards
Section 7 requires employers to have in place effective methods to systematically identify hazards to employees at work. Hazards may be:
- Previously existing;
- New; or
- Potential.
Having identified the hazards, employers must determine which are significant and require further action.
When an accident or serious harm occurs, an employer (and a self-employed person or principal) must notify the Occupational Safety and Health Service in the prescribed form (see 5.1, Recording and acting on accidents and serious harm). The employer must also take all practicable steps to investigate whether it was caused by a significant hazard.
What is a "hazard"?
The concept of a hazard is pivotal to the working of the Act.
A hazard is any actual or potential cause of harm.
It may occur inside or outside of a place of work.
It may be:
- An activity;
- An occurrence;
- An arrangement;
- A phenomenon;
- A circumstance;
- A process;
- An event; or
- A situation.
It includes a situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another.
What is a "significant hazard"?
A significant hazard is one which may cause:
- Serious harm (an important concept, defined in schedule 1 of the Act, which is reproduced in the Definitions section at the back of this guide). This includes death and many occupational illnesses and injuries that may be sustained in a place of work; or
- Harm - the severity of which may depend on how often or how long a person is exposed to the hazard - such as occupational overuse syndrome; or
- Harm that cannot be detected until a significant time after exposure. This includes long-latency diseases caused by exposure to hazardous substances - such as asbestosis, neurotoxicity, emphysema, and other diseases of occupation.
Methods of hazard identification
The Act does not specify a particular method of hazard identification, only that the chosen method is effective. It does, however, require the consideration of all accidents or near-miss incidents which lead to, or could have lead to harm - to determine if they were caused by a significant hazard. (If the hazard is significant, all practicable steps must be taken to control it.)
There is a range of hazard identification methods in common use in industry. Frequently it is appropriate to use a combination of approaches.
In all but the smallest of workplaces, it is likely that to be effective the hazard identification process will need to be recorded.
Remember again the section 19B duty for employers to give employees reasonable opportunities to be involved in hazard management processes.
Four commonly used methods of hazard identification are:
Physical inspections
This is the traditional method of identifying hazards by walking around the place of work with the aid of a checklist.
Task analysis
It may be useful to look at the tasks in each job and observe the actions of employees, while identifying the hazards involved.
Process analysis
This involves following the production or service delivery process from start to finish, and identifying the hazards involved at each stage.
Analysis of accident investigation details
This is mandatory under section 7(2) of the Act. Whenever there is an accident, "near miss", or the incidence of harm, the employer must take all practicable steps to determine the cause and whether it was a significant hazard. This corresponds with the requirement for employers to keep a register of every accident or incident.
Depending on the approach used and other factors, such as the type and size of the workplace, procedures may range from a simple checklist for a specific piece of equipment or substance, to a more open-ended appraisal of a group of related work processes.
Whichever method(s) is used, it may be useful to develop a hazard checklist for the particular place of work or process.
Information from designers or manufacturers, material safety data sheets, product labelling, or other sources of information should all be systematically reviewed as part of the hazard identification process.
Where appropriate, advice should be sought from specialist practitioners or representatives.
In summary, to meet the requirements of section 7 an employer should expect to produce a list of hazards present in each place of work - with significant hazards clearly identified.
