May 2021 - Bay of Plenty Business News

MAY 2021 VOLUME 5: ISSUE 5 

WWW.BOPBUSINESSNEWS.CO.NZ 

FACEBOOK.COM/BAYOFPLENTYBUSINESSNEWS 

marine precinct 

explores a reset 

See pages 12-14 

seaweed 

Researchers dive into new 

options. 

P3 

commissioners 

New team front up to new 

challenges. 

P6 

architecture 

2021 Waikato & Bay of 

Plenty Award winners 

named. 

 

P8 

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FOR KIWI BUSINESS

May 2021 BAY OF PLENTY BUSINESS NEWS 3 

Researchers dive into 

seaweed research 

A new Waikato University research project has added to the portfolio of ventures 

within the Sulphur Point marine precinct at Tauranga, with some cutting-edge work 

exploring the commercial options for one of the country’s most common seaweeds. 

By RICHARD RENNIE 

The university’s researchers have 

recently celebrated the commissioning 

of a 1000sqm seaweed 

research facility opposite the university’s 

coastal marine research base on 

Cross Road. 

The University of Waikato’s 

coastal marine field station at Tauranga 

is the centrepiece for the university’s 

new aquaculture major, 

offered at the university’s Tauranga 

campus. 

The scientists have been working 

on sea lettuce (ulva), the annoying 

seasonal green seaweed that can often 

clog the Main Beach and harbour 

reaches, piling up in stinky green layers 

in the summer heat. 

The work has been focusing upon 

producing soluble fibres with bioactive 

properties for stock feed additives 

and nutraceuticals for human 

health benefits. Another by-product 

of these processes is cellulose, suitable 

for use in medical materials. 

Funded with $4 million from the 

Tertiary Education Commission and 

$9 million from the university, the 

facility includes 12 4000 litre fully 

recirculated growing ponds and 12 

1000 litre ponds, split between freshwater 

and salt water. 

Lead researcher Dr Marie Magnusson 

says the facility provides her 

and her colleagues with the opportunity 

to explore an array of seaweed 

and algae through their growth stages, 

studying multiple uses for the plants. 

[We are] confident the 

Waikato University 

researchers will move 

from the big tank 

trials to sea trials 

within a year.” 

– Dr Marie Magnusson 

Opportunity to rear algae 

The freshwater ponds mean algae 

can be reared. Researchers will study 

their role in bio-remediation, the biological 

clean-up of waste-water and 

polluted waterways, including dairy 

farm effluent and urban wastewater. 

Such algae also have a high protein 

content, making them suitable as 

a feed additive for animals. 

“Closed loop” aquaculture systems 

are also due to be studied, with 

sea lettuce requiring carbon dioxide 

to grow, while fish breath carbon 

dioxide out, meaning the two may be 

able to be farmed in balance. 

Given sea lettuce only takes two 

to three weeks to grow to harvestable 

size, it is an appealing crop from a 

commercial perspective. 

Dr Magnusson is confident the 

Waikato University researchers will 

move from the big tank trials to sea 

trials within a year. 

In its simplest form, the sea lettuce 

could be grown out as a feed source 

for some fish species, and commercial 

paua. 

National standard for 

aquaculture 

Late last year a national environmental 

standard for aquaculture was 

formalised, providing the sector 

with a clear pathway to scaling up 

operations. 

This was backed by multi million 

dollar Provincial Growth Fund 

investments, including $20 million 

into an expanded mussel operation at 

Opotiki. 

Commercial trials of paua farming 

and open ocean fin fish farms are also 

proposed in coming years. 

The government’s aquaculture 

Dr Marie Magnusson, Waikato University lead researcher: 

working with sea lettuce in the Cross Road research facility. 

strategy released in 2019 aims to turn 

the $800 million a year aquaculture 

industry into a $3 billion one by 2035. 

Other proposed uses for seaweed 

researchers indicate they are keen to 

investigate include earlier work in 

Australia that has shown some positive 

health benefits in rats from seaweed 

consumption. 

“There is also the potential there 

as a general gut health additive. Due 

to the level of soluble fibre it contains 

it has positive effects on the gut 

biome.” 

Sea lettuce has also shown to 

enhance plants’ immunity against 

pests and diseases, offering the potential 

as a non-synthetic treatment. 

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From the editor 

We are delighted to feature additional comment in this issue on the 

subject of the special commissioners newly appointed by central 

government to replace the former Tauranga City Council. 

At the moment, the commissioners 

are wrestling 

with coming up with a 

Long Term Plan, which will 

almost inevitably see rates rise 

in the city. 

It remains to be seen how 

this will be greeted by the population. 

But it seems to have 

been welcomed by a large percentage 

of the business community, 

who feel Tauranga has 

failed to deliver on its promise 

as one of the country’s largest-growing 

cities. 

And who have welcomed 

the commissioners stated 

transparency in dealing with 

the task ahead of them. However, 

there is some skepticism 

in the community that the commissioners 

will complete their 

mandate in time for the next 

election cycle as they have 

been proclaiming. 

 

Meanwhile, one of 

the most staggering 

changes seen in New 

Zealand has been unveiled by 

the Labour Government with 

its recent decision to totally 

revamp the old system of District 

Health Boards. 

Minister of Health Andrew 

Little recently announced the 

sweeping changes, stating that 

the 20 district health boards 

will be replaced by a single 

national agency called Health 

New Zealand. 

In addition, a Māori Health 

Authority will be established, 

and the government is promising 

better access to care no 

matter where you live. 

The shakeup, which went 

beyond the Government’s 

original recommendations, 

represents a fundamental 

change to the way New Zealanders 

receive health care. 

Opinions are mixed as to 

how well all this will work 

out in practice. Former West 

Coast DHB chairperson Dr 

Gregor Coster told Morning 

Report he didn’t have any 

concerns about the changes, 

noting only his concerns that 

we need to see the funding for 

healthcare addressed. 

“We need to see the shortage 

of doctors, nurses, midwives, 

health psychologists, mental 

health workers and other critical 

workers addressed and 

above all we need to improve 

access to healthcare for Māori, 

Pacific and others with health 

disparities,” he said. 

However, he did not feel 

the so-called “postcode lottery” 

would end, though he felt 

there could be an improvement 

in the way people get to access 

services. 

Māori health researcher at 

the University of Auckland, 

Dr Jacquie Kidd, told Morning 

Report there were some risks 

in the plans. 

“If we go down the track 

of having a Māori Health 

Authority that is established 

in the same western model as 

for example the new national 

health organisation, then it’s 

kind of doomed to fail to start 

with, because we need Māori 

processes.” 

Bowel Cancer NZ patient 

advocate Sarah Derrett said it 

was critical the rollout of the 

We need to see the shortage of doctors, 

nurses, midwives, health psychologists, 

mental health workers and other critical 

workers addressed and above all we need 

to improve access to healthcare for Ma _ ori, 

Pacific and others with health disparities.” 

– Dr Gregor Coster 

bowel screening programme 

went ahead despite the restructure. 

There were four DHB 

regions that needed to enter 

the screening programme by 

the end of this year, and that 

programme needed to stay on 

track, she said. 

Association of Salaried 

Medical Specialists (ASMS) 

former executive director 

Ian Powell told Morning 

Report patients were likely 

to be big losers in newly 

announced health reforms. 

“The first thing that stands 

out to me is there is a lack of 

empirical evidence to actually 

David Porter 

justify the decision to abolish 

[DHBs]. The argument about 

postcodes, for example, or 

access to ... health services on 

the basis on where you live 

– this is not going to change 

that,” Powell said. 

The change would not strip 

away bureaucracy but reposition 

it, he said. 

Canterbury DHB former 

acting chairperson Tā 

Mark Solomon told Morning 

Report the news of the 

reform was “like an atomic 

bomb being dropped with no 

warning”. 

It was true there were issues 

with the delivery of health services 

to isolated regions, he 

said: “But extending the size of 

each of the health areas won’t 

reduce that, it’ll increase it. 

Because you are having bigger 

areas coming together”. 

The Ministry of Health had 

been the “biggest impediment 

to health delivery in this country, 

because of the way they 

have acted”, he claimed. 

Predictably, the opposition 

National Party has called the 

reform reckless, saying small 

communities will be stripped of 

their voice, and health spokesperson, 

Shane Reti, claiming 

the proposed new regime will 

likely end up another sprawling 

bureaucracy. 

Party leader Judith Collins 

has already announced that 

National would reverse the 

restructuring. 

Bay of Plenty Business Publications 

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Mount Maunganui, 3116 

Bay of Plenty Business Publications specialises 

in business publishing, advertising, design and 

print media services. 

The have recognised what 

the issues are very well.” 

– Nigel Tutt 

Business operators 

optimistic on commissioners’ 

appointment – p6 

Anne Tolley says the commissioners 

were acutely aware of the tight 

18-month time frame.” 

Commissioners 

front up to Tauranga 

challenge – p6 

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Bond yields jump 

Investment market update (for the quarter ended 31 Mar, 2021) 

The most significant market move over the last quarter was the 

jump in longer-term interest rates. Bond prices move in the opposite 

direction to interest rates (or bond yields) – when yields rise, bond 

prices fall (and vice versa). 

For years (or really 

decades) bondholders 

have benefited from falling 

interest rates, and therefore 

rising bond prices. Over the 

last six months the direction 

has reversed, with higher longterm 

bond yields resulting 

in some of the biggest bond 

price declines for many years. 

Shorter-term rates didn’t rise 

as much, but most bond portfolios 

would have lost value over 

the last six months. 

For investors who plan to 

own bonds to maturity, these 

“losses” on bonds aren’t permanent 

– holders will still 

receive the same interest on 

their investment and be repaid 

in full when the bond matures 

(unless, of course, the borrower 

defaults, generally not a 

common event). 

Higher interest rates 

reflect the improved 

outlook 

Covid-19 vaccine rollouts are 

progressing around the world. 

Israel continues to lead the 

way with 61% of the population 

having received at least 

one dose of a vaccine as at 

early April. 

The United Kingdom at 

46% and United States at 32% 

remain the leaders of the major 

economies. The early evidence 

is positive, suggesting that 

vaccines are at least as effective 

as the clinical trials concluded 

and likely help prevent 

transmission of the virus. 

Additionally, policymakers 

(governments and central 

banks) whose actions have 

underpinned economies over 

the past year, remain committed 

to providing substantial 

support. 

The rise in bond yields 

reflects confidence that the 

combination of vaccines and 

huge policymaker action 

will (1) drive a strong recovery 

in the global economy, 

and (2) potentially help lift 

inflation (the aim of central 

banks). Higher inflation lowers 

the value of money over 

time – investors, therefore, 

demand higher interest rates to 

compensate. 

Inflation remains a key 

uncertainty for markets. We 

expect a jump in coming 

months as prices recover from 

WHAT TO DO WITH YOUR MONEY 

> BY BRETT BELL-BOOTH 

Investment Adviser with Forsyth Barr Limited in Tauranga, and 

an Authorised Financial Adviser. Phone (07) 577 5725 or 

email brett.bell-booth@forsythbarr.co.nz. 

the falls seen during last year’s 

lockdowns, but we believe it is 

too early to know if this will be 

temporary or sustained. 

Over the past decade more 

and more central banks have 

struggled to boost inflation, 

despite very low interest rates 

– technology, high debt levels, 

globalisation, and an ageing 

population have all kept a cap 

on demand and pricing power. 

These pressures will remain in 

the years ahead. 

Equities have continued 

to perform well 

Despite interest rates rising, 

it has still paid to be invested 

in equities. Global equity 

markets surged into the end 

of 2020, paused for breath in 

January, but kicked on again in 

February and March. 

Reporting season, when 

companies report their results 

to the market, generally saw 

profits stronger than anticipated. 

Companies are benefiting 

from a combination of 

improving economic activity 

and significant cost savings. 

This column is general in 

nature and does not take any of 

your personal circumstances 

into account. For personalised 

financial advice, contact Forsyth 

Barr for an overview of 

the services we can provide. 

NEWSBRIEFS 

Farmer Autovillage leads electric charge in Bay of Plenty 

The future of electric vehicle rapid-charging has 

already become reality at Farmer Autovillage with 

the installation of the very first 175kW DC fast 

charger in the Bay of Plenty. 

Installed with co-funding from 

the Low Emission Vehicles Contestable 

Fund (LEVCF), which 

is administered by EECA (Energy 

Efficiency & Conservation 

Authority), the high-tech charge 

station at Farmer Autovillage will 

be available for 24/7 public use 

starting from April 15. 

The EV charger is located outside 

of the Farmer Nissan showroom 

with vehicle access from the 

corner of Maru Street and Hewletts 

Road, Mt Maunganui. 

“We wanted to take a leadership 

position on EV infrastructure 

in our city and surrounding areas 

and this is the first step,” said 

Mike Farmer, Group Managing 

Director. “Over the coming years 

we will see a significant lift in 

affordable electric vehicles across 

all segments from all of the brands 

we currently represent,” he said. 

The new charging station is 

compatible with the CCS and 

CHAdeMO platforms. The capability 

to charge at up to 175kW 

can provide substantially faster 

charging times than the small 

number of 50kW public EV chargers 

presently available in the Tauranga 

and Mt Maunganui area. 

EECA Transport Portfolio 

Manager Richard Briggs said, 

“We’re pleased to see a member 

of the motor vehicle industry taking 

this positive step. This project 

not only expands the charging 

options in the Bay of Plenty, it also 

demonstrates to people in the market 

for a new car that electric and 

hybrid vehicles are a great choice. 

Knowledgeable, engaged dealers 

will really make a difference to 

drive uptake.” 

The new charger will be available 

24/7 for all electric vehicle 

owners and is easily activated via 

the “Open Loop’’ app. For the first 

three months of operation rapid-charging 

is being offered freeof-charge, 

after which time electricity 

will be priced at 60 cents 

per kWh (kilowatt hour). 

During normal business hours 

the short wait required for vehicles 

to be fast-charged can be 

spent inside the award-winning 

destination dealership at Farmer 

Autovillage, where a cafe and 

business lounge is available along 

with a wide selection new and 

used vehicles. 

The fast-charger installation 

supports a rapidly-expanding 

choice of full electric and hybrid 

vehicles available from several of 

the Farmer Autovillage brands. 

The EV entry point is MG’s 

first electric SUV, the MG ZS EV 

– which has just won the AutoCar 

Electric Vehicle of the Year award 

– starting from only $49,990 plus 

on road costs. 

The Nissan range includes the 

new generation LEAF while Audi 

boasts an expanding line-up of premium 

EVs including the flagship 

Audi e-tron in SUV and Sportback 

body styles while pre-orders 

are already being taken for the 

new e-tron GT model ahead of its 

arrival later in 2021. 

Mental Health 

& Wellbeing 

Symposium 

Wednesday, 26 May 

7.45-10.30 am 

University of Waikato 

Tauranga Campus, 

101 Durham St, Tauranga 

Rhubarb and Priority One have 

invited you to a Mental Health 

and Wellbeing Symposium. 

A year on from Covid the working 

landscape has changed considerably. 

Whilst there have been on-off lockdowns 

in various parts of NZ, there has 

been a greater adoption of digital technology 

in the workplace. More businesses 

are enabling working at home 

which brings a number of challenges 

along the way, particularly team management, 

worker connections, personal 

wellbeing and company culture. 

Join Rhubarb and Priority One for 

an exciting session where our guest 

speakers will discuss their experiences 

and share knowledge in the field of 

mental health and wellbeing. Plus a 

great opportunity to network with your 

peers. The guest speakers are Nigel 

Latta, Mike Sheridan, Lee Timutimu 

and Melanie Bedggood. 

Limited tickets available, secure 

yours now with Priority One. 

EXPERIENCE. THE DIFFERENCE ADDS UP. 

07 927 1200 | 60 Durham St, Tauranga | www.inghammora.co.nz


Commissioners front up to Tauranga 

challenge 

Trying to ensure New Zealand’s fastest-growing city starts to act like it after years of 

neglected investment is a basic but pointed objective for Tauranga’s city commissioners. 


Lead commissioner Anne Tolley 

says the city’s “arteries are 

clogged”, and the commissioners 

intend to instil true governance to 

the city. 

She and three fellow commissioners 

have outlined the plans they have 

over what they say at this stage will 

be a short 18-month tenure (ie, until 

the next scheduled election to replace 

the ousted Tauranga City Council) to 

jumpstart neglected capital works and 

development plans for the city. 

Her declaration that she and fellow 

commissioners will never be seen disagreeing 

in public over decisions was 

welcome news to the Tauranga business 

community, frustrated by dealing 

with the publicly fractious councils of 

the past. 

Considering the region as a 

whole 

Tolley and fellow commissioners 

have vowed to lift the eyes of the city 

to consider the Western Bay region 

as a whole in any decision making, 

rather than the city in isolation. 

Stephen Selwood, commissioner, 

and infrastructure expert, acknowledged 

the city has difficult challenges 

ahead in catching up on neglected 

development, which included both 

community and infrastructural projects. 

He was speaking at a recent 

session at Trinity Wharf Hotel to 

introduce the commissioners to the 

business community. 

“The reality is if we do not invest 

in our city, we fail our businesses, 

we fail our families and we fail our 

communities. Because the city is the 

platform upon which we can enjoy 

life, we pay in other ways if we don’t 

invest.” 

He pointed specifically to community 

facilities, roading and public 

transport as key areas needing immediate 

attention. “It is time for a reset 

and a refresh.” 

Tauranga Chamber of Commerce 

New Tauranga City Council Commissioners Bill Wasley, 

Shad Rolleston, Anne Tolley (Chair) and Stephen Selwood. 

CEO Matt Cowley said business leaders 

were impressed with the level of 

honesty of commissioners’ responses 

to the concerns raised by the business 

community. 

Still some major frustrations 

to unpick 

“There are some genuine governance 

skills there that boost the confidence 

of businesses. There are, however, 

some major frustrations there that will 

not be able to be unpicked in only 18 

months. 

Businesses have found it easier to 

work with other councils that have a 

‘can do’ attitude, compared to Tauranga, 

which has been risk averse. 

The commissioners took that on 

board.” 

The commissioners’ first job has 

been to compile a long-term plan for 

the city’s development, with no small 

measure of catching up contained 

within its 10-year window. 

Tolley told business leaders that in 

30 years of politics she did not think 

she had ever seen a community so 

poorly served as Tauranga. “There is 

some catchup built into this plan. We 

have to ensure the community buys 

into this plan before we go.” 

Easing the housing shortage 

Key components of the long-term plan 

include easing Tauranga’s housing 

shortage, and providing for more than 

9000 jobs between the city centre and 

Tauriko. 

Improving transport and community 

facilities – including parks, pools 

and libraries – are also prioritised. 

Revitalising the moribund city 

centre and encouraging private investment 

there is also a priority. The plan 

is open to community consultation 

through May, and aims to be adopted 

by late July. 

Tolley says the city’s executive has 

acknowledged it lacked the capacity 

and knowledge to make the major 

capital upgrades that need to be made, 

and the commissioners were acutely 

aware of the tight 18-month time 

frame they had to operate under. 

She urged Tauranga business people 

to think hard about the type of 

council they wanted to have in place, 

on their departure. 

Cowley said the city is entering 

the most significant capital investment 

period it has ever witnessed. 

Key projects on the priority list 

include a $45 million revamp of 

Cameron Road, $20 million invested 

into water treatment, and several 

million into building greater climate 

change resilience into existing 

infrastructure. 

“Most businesspeople are looking 

at this as an investment, and that starts 

with confidence in the board, this 

showed there is confidence, but a lot 

of work is still to happen.” 

Business operators optimistic on 

commissioners’ appointment 

Tauranga businesses are welcoming the 

professionalism and impetus the appointment of 

commissioners to the city are bringing after years of 

inertia. 


Priority One chief executive 

Nigel Tutt told Bay of Plenty 

Business News the ability of 

the commissioners to act without the 

influence of an electoral cycle should 

not be underestimated, coming after 

more than a decade of “low rates” 

electioneering that has crippled many 

aspects of the city’s development. 

“Their brief is very clear,” said 

Tutt. 

“They have formed a long-term 

plan and are aiming to get the financial 

side sorted. There are three clear 

areas to work on- transport, housing 

and the CBD. They have recognised 

what the issues are very well and have 

got moving on decisions that have 

been lingering for years.” 

In a March meeting with Tauranga 

businesses, commissioner Anne 

Tolley described Tauranga’s arteries 

as “clogged”. She also said in 30 

years of politics she did not think she 

had ever seen a community so poorly 

served by its council as Tauranga. 

Housing shortage bottleneck 

Nigel Tutt says the business community 

regard housing as an utmost priority, 

given the bottleneck its shortage 

creates for businesses wanting to 

draw new staff to the region. 

“They simply do not have anywhere 

those staff can be housed.” 

Utilising the central government’s 

housing acceleration fund and having 

the government on board to provide 

transport infrastructure means 

zoned areas in Papamoa East and 

Tauriko West can now get moving on 

development. 

He is also confident there will be 

Nigel Tutt 

significant strides over the coming 

seven to eight years on CBD re-development, 

thanks to the commissioners 

undertaking to ensure the city council 

will underwrite activity happening 

there. 

“Plans are afoot, and redevelopment 

there is not rocket science. It is 

about telling the right story to investors, 

assuring them this is a zone that 

is on the way up, and helping take 

some of the risk out of that investment, 

which has not been the case 

before.” 

He said it was hard to know if 

the commissioners will be staying 

beyond the initial 18-month period 

they were employed for. 

“But most people I talk to in business 

would be in favour of seeing that 

extended. Eighteen-20 months is a 

very short space of time to make these 

changes.” 

A decade too late? 

He agreed that in some respects the 

appointment of commissioners was a 

decade too late. 

“A lot of the hard work to be done 

now is because the hard decisions 

have not been made earlier. That 

2-3% increase on rates every year not 

put through does not go away, it just 

banks up while the stuff they need to 

be spent on just gets more expensive.” 

On January 14, Tauranga City 

Council’s credit rating was lowered 

by S&P Global Ratings, with concerns 

raised over its political and governance 

issues. 

S&P raised concerns over Tauranga’s 

lower than previously budgeted 

rate increases leading to very large 

deficits and rising debt levels. 

The report’s authors cited concerns 

over Tauranga’s capital account 

deficits over coming years averaging 

25% of total revenue per year, weaker 

than most domestic peers. 

Tauranga was however expected 

to benefit from the $15 million in 

Three Waters reform, $45 million 

from the Te Papa “shovel ready” project 

and $24 million from the sale of 

elder housing. 

Tutt says past councils pushed to 

keep rates down, but were not clear 

enough to constituents about what 

would be forgone as a result. 

Expectations are Tauranga ratepayers 

will face at least a 20% rates 

increase to try and claw back income 

and improve the city’s ability to lift 

borrowings and remain within lending 

parameters. 

“I have not run into any businesses 

who do not believe a rates increase is 

necessary.”


Commissioners get 

straight down to business 

Tauranga City 

Council’s fourperson 

Commission 

has wasted no 

time in getting 

the organisation’s 

governance functions 

back on-track. 

CITY GOVERNANCE 

BY ROSS BOREHAM 

Led by former Cabinet Minister 

Anne Tolley, the commission’s 

remaining members 

are Bill Wasley (the former 

independent chair of the Western 

Bay SmartGrowth partnerhip); 

Stephen Selwood (the founding 

chief executive of Infrastructure 

NZ); and Shadrach Rolleston (a 

consultant planner with strong 

iwi affiliations). 

Their combined strengths 

and experience in governance, 

planning, strategy and policy 

development and infrastructure 

planning add considerable 

weight to the Council’s 

decision-making capacity – a 

critical factor which has been 

welcomed by the Council’s 

executive team. 

Three months into their 

20-month tenure (the commission 

has been tasked facilitating 

a transition back to democratic 

leadership for the 2022 local 

government elections) the Commissioners 

have gone through 

an intensive series of briefings 

on the council’s business; 

guided the completion of the 

draft 2021-31 long-term plan 

(which is now going through 

formal community consultation) 

and made a raft of key decisions 

along the way. 

They’ve also maintained 

a hectic community engagement 

schedule, meeting with 

a wide range of organisations 

and individuals to expand their 

awareness of local issues and 

priorities. 

Chair Anne Tolley says they 

have had a steep learning curve, 

but are relishing the challenges 

of their role and enjoying hearing 

the community’s views. 

“It’s fair to say there is wide 

Roading and infrastructure must be a high priority. 

We need your help to make some very 

important decisions for Tauranga, so please 

take the time to read the long-term plan 

consultation document (available online) and 

make a submission.” – Anne Tolley 

recognition that investment in 

community facilities and infrastructure 

has not kept pace with 

the needs of a growing city. That 

means we have to play catch-up 

and start working on the facilities 

which will make Tauranga a 

great place to live, work, learn 

and play,” she says. 

“That covers everything 

from community centres to cultural 

facilities (including a new 

central library) and swimming 

pools. At the same time, we 

have to upgrade our infrastructure 

– roads and water, wastewater 

and stormwater systems 

– to keep up with our current 

needs and put in the new infrastructure 

required to manage 

future growth.” 

Of course, all of those investments 

have to be paid for, which 

is where “the going gets tough”. 

Past decisions to minimise 

rates increases and use 

debt-funding as much as possible 

mean the council is close to 

its debt-to-revenue limit, with 

little headroom to take on extra 

borrowing. 

The draft 2021-31 Longterm 

Plan therefore has a strong 

focus on revenue and debt 

repayment, to ensure that the 

city can afford capital expenditure 

totalling around $4.5 billion 

over the next decade. 

“None of that is frivolous 

spending and it prioritises our 

most urgent needs,” says Tolley. 

“We want the widest possible 

feedback on the draft plan 

– on the work programme it sets 

out and on the way we propose 

to pay for it. 

“Unfortunately, rates 

increases are unavoidable, and 

we are asking the business sector 

to pay a fairer share of the 

costs through an increased commercial 

differential rate, bringing 

them more into line with 

other centres. 

“We’re also working with 

regional and central government 

to access infrastructure funding 

and developers will be asked to 

play their part through higher 

development contributions. 

“If we want to live in a city 

we can be proud of, it’s time to 

stop passing the buck. 

“We need your help to make 

some very important decisions 

for Tauranga, so please take 

the time to read the long-term 

plan consultation document 

(available online) and make a 

submission.” 

• Ross Boreham is Communications 

and Engagement Consultant 

at Tauranga City Council 

NEWSBRIEF 

Envico 

Technologies 

joins Airspace 

Integration Trials 

Programme 

A 

memorandum of understanding has been 

signed between the Ministry of Business, 

Innovation & Employment (MBIE) and 

Tauranga-based Envico Technologies, in preparation 

for a trial which will field test the use of 

predator-control drones for conservation. 

MBIE General Manager of Science, Innovation 

and International, Dr Peter Crabtree, says 

Envico is the third industry partner to join the 

Government’s Airspace Integration Trials Programme, 

which supports world-leading aerospace 

companies to carry out the development, 

testing and market validation of advanced 

drones in New Zealand. 

“One of the Programme’s goals is to accelerate 

the integration of drones into New Zealand 

airspace, in order to unlock the economic and 

social benefits on offer. Industry partners like 

Envico will also help to inform policy and regulatory 

development by sharing data and learnings 

obtained from the testing of their innovative 

platforms. 

“The partnership with Envico adds to the 

work being undertaken by other industry partners 

in the Airspace Integration Trials Programme 

in the areas of passenger transport and 

high-altitude imaging, demonstrating the depth 

and breadth of New Zealand’s growing drone 

sector,” says Peter Crabtree. 

Envico have a strong track record in predator 

control using drones, including the eradication 

of rodents on two islands in the Galapagos 

in 2019. In 2020, they were the recipients of 

a Department of Conservation grant, enabling 

them to begin a series of field trials using 

drones for dispersal of non-toxic cereal baits. 

In order to scale up operations for these trials, 

Envico is developing a new, larger aerial 

baiting drone, converting a small helicopter to 

enable remotely piloted operations. 

“We’re excited for the opportunities that 

come with being part of the Airspace Integration 

Trials Programme as we continue our 

development, says Envico Co-Founder Cameron 

Baker. 

“This partnership will enable us to work 

closely with other industry partners in the programme, 

sharing our experiences and insights 

to further advance the aerospace industry in 

New Zealand.” 

“I’m eager to see Envico’s progress as they 

continue development of their predator control 

drones in New Zealand, especially with a 

project that will help protect Aotearoa’s flora 

and fauna from invasive species,” says Peter 

Crabtree. 

If you can’t see the Redwood for the trees, 

our new partner can. 

Congratulations to Holland Beckett Law’s newest partner, James McDougall, who leads the Rotorua office. 

If you’ve gone off-track, legally speaking, you’ll need an invested 

local who knows their way round the trails to get you out. James 

is just the man. He is an experienced litigator in Court and 

tribunals and advises clients on a broad range of contentious 

issues. He’s also a trustee of the Rotorua Bike Festival. 

Congratulations on your promotion, James. 

We look forward to seeing you in Whakarewarewa Forest 

very soon. 

James McDougall 

Partner 

DDI 07 349 5566 Mobile 027 418 4315 

james.mcdougall@hobec.co.nz 

hobec.co.nz 

HOB26203_BOP_BN


2021 Waikato & Bay of Plenty 

Architecture Award winners 

Here are some of the local winners of Te Kahui Whaihanga New Zealand Institute of Architects 

2021 Waikato and Bay of Plenty Architectre awards. The awards ceremony was held at the University of Waikato’s Tauranga campus. 

Commercial Architecture – SCION Innovation Hub – Te 

Whare Nui o Tuteata by RTA Studio and Irving Smith 

Architects. Rotorua. The hub is also the winner of the 

Resene Colour Award. Photo: Patrick Reynolds 

Small Project Architecture – Metal Jacket House by Jigsaw 

Architects. Papamoa. Photo: Rose Minnee Photography 

Housing – Alterations & Additions – Blackwood Lodge by 

Brendon Gordon Architects. Te Puna. Photos: Jahl Marshall 

Housing – Concrete Bungalow by Architecture 

Bureau. Mt Maunganui. Photos: Simon Devitt 

Small Project Architecture – Somerset Studio by John 

Henderson Architecture. Bethlehem. Photo: Simontology 

Small Project Architecture – Elegant 

Sheds by Common Space. Te Puke. 

Photos: Patrick Loo 

Interior Architecture – Jaggar House by Studio2 

Architects. Mt Maunganui. Photo: Jerusha Razey

Tech – The New Frontier 


Musings on luxury and leisure, post annus horribilis 

There was a time when computer geeks were actually geeks, and 

computers were sci-fi imaginings, before they became the things 

that sat on the desk near the server room. 

LUXURY & LIFESTYLE 

> BY ALAN NEBEN 

Alan Neben is a Mount Maunganui local and experienced 

New Zealand publisher. He now regularly works from home. 

alan@bopbusinessnews.co.nz 

The word geek (derived 

from the word Greek 

without the ’r’) was then 

used as an insult, but now it’s 

pretty much a neutral term, if 

not a compliment: If you’re a 

geek now, you’re a little odd, 

really smart and on the verge 

of being very rich (if you so 

choose). 

“Becoming a tech geek 

isn’t such a bad career path,” I 

tell my kids. 

But tech isn’t just a “computer 

thing”. It has infected all 

our lives. 

To illustrate the impact of 

tech on our lives, let’s compare 

a day in the life of ‘me’ with 

a day in the life of ‘my dad’ – 

should be fairly similar (loathe 

though I am to admit it). 

Dad would wake at 5.30am, 

when the hideous bell on his 

alarm clock woke the entire 

house. He would turn on the 

transistor for the morning 

news, make his lunch and head 

off to work – always took a 

while to get the car started in 

the winter, which usually woke 

us all a second time. 

That’s the last we’d hear of 

dad until he arrived back home 

that night. He’d eat dinner, 

watch the news on telly, and 

head off to bed after reading 

the paper. 

He always had cash in his 

wallet, though he seemed to 

have extreme difficulty opening 

the wallet to remove any of 

its contents. 

Although we had a car, 

whenever I asked, “Can you 

pick me up?”, he would reply, 

“You’ll have to walk.” 

Fast forward 

Fast forward 40 years … I’m 

woken at 7am by the alarm on 

my phone. I quickly check my 

notifications and emails then 

my online calendar and sendoff 

a couple of quick replies. 

Yup FB has reminded me, 

it’s mum’s birthday today – 

DAMN! Fortunately my phone 

has also miraculously provided 

me the perfect gift suggestion 

– quelle surprise. 

Heater’s already on so the 

house is warm as toast. Thank 

goodness I set the temperature 

in advance from my phone last 

night when I received a notification 

from my weather app 

that today was going to be a 

nippy… note any temperature 

near 10 degrees C is considered 

nippy in the Bay. 

I’ve got to get the kids up, 

fed and dropped off to school – 

I’m working from home today. 

My Dad doesn’t really 

get the whole ‘working from 

home’ thing – in his world it’s 

not really working, is it? 

We’re out of Weetbix, but 

our groceries should be delivered 

this morning – stress – did 

I order Weetbix? I better check 

that. I’ll put it on my to do list. 

And so my day’s set: I’ll 

Facetime my wife in her lunch 

break, the kids are going to 

text me when they’re ready 

for pick-up after school – they 

may need to Uber if I’m not 

off my 3pm Zoom. I’ve transferred 

some cash to their cards 

so they can buy lunch. 

Has tech made life better? I 

reckon it has, maybe, but I’m 

not sure dad agrees. 

According to a recent 

tweet I saw, 85% of Boomers 

don’t value 67 percent of tech 

advances to the same extent as 

Millennials (that’s going on 

Reddit r/OldiesDontGetTech). 

As far as dad’s concerned, 

we are talking a different 

language. 

Pffffft, what would he 

know? Tech has made life 

sooooo much easier. 

Commercial, corporate and projects 

expert joins Sharp Tudhope Lawyers 

Sharp Tudhope is delighted to announce the appointment of James Dow to our 

commercial team as special counsel. James will join the firm’s partnership once 

he has fulfilled the NZ Law Society’s regulatory requirements. 

James’ career to date has been at top tier law firms in Auckland and several years at 

a global law firm in London. James has advised on several of New Zealand’s leading 

transactions in recent years and he is bringing a wealth of experience to the region. 

He says, “The Bay of Plenty is home to many thriving industries and continues to 

experience huge growth. I’m very excited about joining the great business community 

here and thrilled to have joined Sharp Tudhope with its long and illustrious reputation 

in the Bay of Plenty.” 

Partner Richard Hoare says, “We are always looking to the future and we are 

delighted that James has chosen to join Sharp Tudhope. We consider him a great 

fit to further strengthen our team and service our clients.” 

At Sharp Tudhope we are proud to be both celebrating our 125th anniversary and 

maintaining our focus on upholding legal excellence with strategic appointments that 

ensure we continue to strengthen our relationships. It’s about recruiting the right people 

with the right expertise and James Dow’s appointment will add immeasurably to that. 

Get the best advice from the most experienced team of commercial lawyers in the Bay. 

Talk to James today on 07 928 0788 or jamesd@st.co.nz. 

Level 4, 152 Devonport Road 

Tauranga 3110 

07 928 2000 

lawyers@st.co.nz 

www.sharptudhope.co.nz 

James Dow


Trustpower Baypark is heating up 

over winter 

It may be winter, but there is no excuse to hibernate. Head on down to 

Baypark where there is plenty to keep you and the family entertained. 

Splice Construction Magic 

Netball – ANZ Premiership 

The Splice Construction Magic Netball 

team will be playing 3 of The 

ANZ Premiership games in Tauranga 

this year: 2 May vs Robinhood 

Stars @ 6.15pm, 17 May vs Robinhood 

Stars @ 8.15pm and 24 May vs 

Northern Mystics @ 8.15pm. 

The Waikato Bay of Plenty 

Magic are a New Zealand netball 

team based in Waikato. The 

Magic won the 2012 ANZ Championship 

becoming the first New Zealand 

and only team to win the competition. 

Make sure you get along to support 

the MAGIC at one of these games. as 

we head into the business end of the 

season. (www.tiketek.co.nz) 

Tauranga Home Show 

The annual Tauranga Home Show 

returns in 2021 for its huge 22nd 

show. Spread across both auditoriums 

of Baypark as well as outdoor and 

marquee displays, draw inspiration 

from over 300 exhibitors bringing 

you everything you need to build your 

dream. 

Browse and compare, take advantage 

of exclusive show deals and 

giveways, enjoy the demonstrations 

in the BespOak Live Cooking Theatre, 

sit down to eat at the Landing 

Food Truck Hub, give the kids a treat 

with the free balloon twisting and 

bouncy castle, and enjoy a great day 

out for the whole family. 

Visit the show on the 7th, 8th and 

9th May 2021. 

Stormwater 2021 National 

Conference 

Come and join us for our 20th anniversary 

on 12 – 14 May. Once again 

we have a great line up of speakers 

and events. 

Keynote speakers will include 

co-founder of the US-based Coastwise 

Partners, Holly Greening. After 

a successful career as executive director 

and senior scientist of the Tampa 

Bay Estuary Programme, Holly, along 

with colleague, Rich Batiuk set up 

the Coastwise Partners, to help other 

coastal environment organisations 

around the world to succeed. Many of 

you will remember Rich Batiuk from 

our conference two years ago. 

The 2021 Stormwater Conference 

is also one you won’t want to miss. 

BOP Wedding Show 

Come along to The Bay of Plenty 

Wedding Show on 30 May and 

get inspired. You’ll see loads of gorgeous 

ideas and on-trend inspiration 

to your wedding planning that much 

easier and get your creative juices 

flowing. 

You’ll meet amazing wedding vendors 

who can help you plan the most 

amazing day of your life, so take the 

time to browse and speak to them, as 

they have a wealth of experience on 

offer. Soak up the atmosphere, take a 

break at the cafe, then check out the 

amazing wedding gowns, bridesmaid 

gowns and menswear coming down 

the runway at 2.00pm. 

Come along and experience the 

fun, excitement and glamour as all the 

top wedding specialists in the region 

gather at the TrustPower Arena, Mt 

Maunganui. 

Project 2021 

PROJECT is a Hip Hop Crew Dance 

Competition for youth who have a 

passion for Hip Hop Dance. 

This event will allow young 

people to engage in creative expression 

in a supportive and positive 

environment that encourages participation 

and enjoyment. Participants 

may come from throughout New 

Zealand. 

On Saturday 5th June our entrylevel 

street dance competition gives 

young dancers the opportunity to take 

the stage and experience competitive 

Hip Hop Dance – we will have 

Primary, Intermediate / Junior Novice 

and Secondary School / Varsity 

Novice divisions, as well as our Open 

Mega Crew Division. 

On Sunday 6th June we see the 

open division crews at an elite level 

from all over NZ take to the floor; We 

will hold separate Junior and Mini 

Crew, then Varsity and Adult shows 

as the crews battle it out for over 

$5,000 in prize money. 

Showquest 

Showquest is a performing arts 

platform for schools produced by 

Rockquest Promotions with the support 

of the Ministry of Education, 

World of WearableArt, Rockshop & 

ZM. Showquest supports schools and 

ākonga around Aotearoa from year 1 

– 13 to showcase Art, Music, Dance, 

Drama, Culture & Technology. 

Students design, produce and perform 

their stories on stage in a powerful 

night of celebration and recognition 

from their whānau, peers and 

community. 

Showquest will be on 9 June 2021. 

Armageddon 

Not long to go till Armageddon is 

here! Infamous and one of the largest 

fantasy events in Australasia, Armageddon 

will be here on Saturday 12 

– Sunday 13 June. 

Armageddon Expo is New Zealand’s 

ultimate entertainment event, 

featuring gaming, fantasy and multimedia 

events. 

Armageddon will be a great day 

out for all the family – if you have 

not experienced an Armageddon yet – 

this is your chance! 

Devilskin & Kora 

NZ musical legends DEVILSKIN and 

KORA band together to Co-Headline 

a nine-date winter tour across the 

country, kicking off in Palmerston 

North this June. 

This winter tour will see an epic 

accumulation of songs that put these 

bands on the map, tracks like Kora’s 

infamous Pop Your Bubble, Drop 

Dead Killer and Carolina and DEV- 

ILSKIN have a host of songs from 

their three #1 albums including crowd 

favourites like Voices, Pray and Start 

A Revolution. 

These two iconic Kiwi bands will 

join forces for a must-see tour promising 

big songs and a formidable live 

energy that is not to be missed! 

Don’t miss this explosive tour 

with two of New Zealand’s hottest 

live bands. Get your tickets today 

(www.eventfinda.co.nz). 

The Seriously Good Food 

Show 

Sick of the same old stuff from the 

supermarket? Celebrate your love 

of all things gourmet with food and 

beverage vendors, craft beer, wine, 

and food trucks at the 2021 Seriously 

Good Food Show. 

With over 120 exhibitors from all 

around New Zealand, you’re sure to 

find something new and delicious, 

grab some great deals and expand 

your culinary horizon. 

Sweet or savoury, devour the Seriously 

Good Food Show at Trustpower 

Arena Baypark on the 26th and 27th 

June 2021. 

Premier Venue 

Trustpower Baypark is Tauranga’s 

Premier Venue for conferences, meetings, 

entertainment and exhibitions. 

Offering a complete package in one 

convenient location that features state 

of the art meeting rooms, in-house 

catering, audio visual services, professional 

conference organiser (PCO) 

and marketing/promotional services. 

For more information on any events, enquiries for Trustpower Baypark venues, BayStation activities or service on/off site from BayCatering, BayAudioVisual 

visit www.trustpowerbaypark.co.nz or email events@bayvenues.co.nz.


Business needs a breather 

ADVERTORIAL 

Even in what we hope is 

a post-Covid lock down 

world we know that 

businesses face ongoing 

challenges. And while 

there are a couple of 

ropes up the cliff to help 

you get back on top, we 

also know there is a lot 

coming that is not going 

to make that easy. 

Many of you reliant on trade 

with Australia would have 

been relieved to see the 

trans-Tasman bubble opening, not 

just for your staff personally and 

professionally but your customers. 

But unfortunately, this does not 

address the skilled migrant worker 

issue and we know that skills shortages 

remain a significant problem 

for businesses big and small. A 

recent report suggested it was time 

for a new immigration policy, but 

we think the issue is wider than 

that. 

As we advocated for on behalf 

of business before the last election, 

it is time for a much bigger piece of 

work - a population strategy. It is 

critical to many parts of the economy 

and New Zealand life. 

We need to decide how big we 

want our country to be as that is 

what drives infrastructure, housing, 

and health policy, and in turn 

means thinking about what skills 

we want in our population as these 

Brett O’Riley, CEO EMA 

will determine our skills mix for 

immigrants, as well as our education 

system. 

Training, education, skills, and 

immigration are a critical policy 

mix for New Zealand as we have 

a rapidly ageing workforce (in the 

top three ageing populations in the 

world), which coupled with our declining 

birth rate which is now well 

below what is required to replenish 

our working population, the time is 

now. 

Along with the big picture issues 

like this, there are a huge 

number of other policy and legislative 

changes facing businesses. 

The minimum wage recently 

rose to $20 an hour, which is the 

third in a series of increases that 

have seen the minimum wage rise 

more than 25 per cent in the past 

three years. But is raising wages 

what drives the productivity which 

enables businesses to grow? 

It is also only one piece of business-focused 

legislation or policy 

that is on the Government’s 

agenda, and that is it in a nutshell 

really. It is the cumulative effect of 

this and the other policy and legislative 

changes from five extra days 

sick leave to Fair Pay Agreements. 

As part of the BusinessNZ 

Network we are talking to Government 

about these issues regularly, 

providing your feedback 

and helping shape their response, 

businesses simply needs a bit of a 

breather. 

At a practical level, we are here 

to support our members with expert 

on-tap advice, advocacy, events, 

business services and learning, 

so that together we can help your 

business succeed. The EMA has 

been here for you for 135 years, we 

are keen to hear from you and we 

are here to listen.

12 BAY OF PLENTY BUSINESS NEWS May 2021 COVER STORY – marine precinct 

Is it time to reset the 

Marine Precinct? 

By DAVID PORTER 

Tauranga’s Marine Precinct has seen 

more than its share of ups and downs 

since it was first conceived and then formally 

launched in mid-2018. 

Even obtaining full clearances for successful 

tenderers to proceed with erecting their 

planned sheds has proven problematic since 

the inception of the ambitious project. 

The Precinct has retained the Vessel Works 

title to run its hard stand, utilising its 350 

tonne travel hoist Hikinui, which been active 

in bringing sundry of vessels of varying sizes 

up from the harbour for refit work by the half 

a dozen companies that have set up operations 

in the Marine Precinct. 

Phil Wardale, who played a large part in 

conceiving the Marine Precinct, has since 

moved to Whakatane where he is playing a 

similar role in opening a marine precinct in 

the Eastern Bay. 

New manager in charge 

His role as director-marine precinct has been 

taken by Dave Withington who reports to Paul 

Davidson, GM corporate services. Davidson 

told Bay of Plenty Business News that, now 

the precinct was running reasonably smoothly, 

it was time for a reset of the operations. 

“We’ve focused on the vessel works component 

at the start of that,” Davidson said. 

“Operations have been going for a while now 

and we want to reset.” 

The Marine Precinct was the site of a major 

meeting of most of the stakeholders in late 

March, and according to Davison, things were 

proceeding well, though some at the meeting 

held different views. 

We talk to the stakeholders 

and we understand what 

they want. But we need to 

get a more aligned strategy 

going forward.” 

– Paul Davidson 

“We talk to the stakeholders and we understand 

what they want,” he said. 

“But we need to get a more aligned strategy 

going forward.” 

Davidson said they hoped to finish the 

other part of the reset for the Marine Precinct 

by the end of this calendar year.

COVER STORY – marine precinct 


SERVICE PROVIDERS AT THE 

MARINE PRECINCT ONSITE 

SUPER YACHT 

COATINGS 

SYC specialises in fairing and painting 

large luxury vessels and has worked for 

numerous shipyards, boatbuilders and 

yacht-owners worldwide. 

PACHOUD YACHTS 

Pachoud Yachts is an innovative boat 

builder, specialising in the construction 

of luxury composite yachts, which has 

been operating in the BOP for more 

than three decades. 

PACIFIC 7 

Pacific 7 is a marine contracting company 

that supplies marine services to 

local and central government including 

piling, surveying, salvage and mooring. 

It is also developing a range of electric 

workboats. 

SPECIALISED MOTOR 

FABRICATORS (SMF) 

SMF offers contract manufacturing, 

metal fabrication and machining services, 

including all types of marine 

stainless steel, aluminium and other 

boat metal work across the full range of 

boat hardware. 

MATAMATA MOTOR 

TRIMMERS (MMT) 

MMT is a locally owned and operated 

business, which is well-established in 

clears, covers and upholstery. They 

cover anything from curtains, carpets, 

umbrellas, indoors and outdoor covers, 

clips and more. 

RMD MARINE 

RMD Marine is a fishing company 

operating from the West Coast to the 

East Coast of the North Island. The 

company owns and operates a range 

of fishing vessels. RMD Marine has a 

long association with Aotearoa Fisheries, 

the largest iwi-owned fisheries 

company. 

Specialists in 

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We can provide you with 

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Roof Washing 

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Window Washing 

Moss, Mould, Lichen, Grime, 

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management programmes 

Fogging – Sanitizing 

Hot water washes – Car parks, 

Pavements and Driveways 

High Level – Atrium Dusting 

Call us today for a quote 

“We’re looking at what is exactly the most 

appropriate model,” he said. “Is it what we’ve 

got now? Or is it something different?” 

Role for the commissioners 

The newly appointed commissioners have 

visited the Marine Precinct, but had not yet 

engaged with what was required, he said. 

“If there is any change that will be a decision 

that needs to go back to the commissioners,” 

he said. 

Withington told Bay of Plenty Business 

News one of the major issues in resetting the 

strategy was that there was no agreed strategy 

for the use of the Tauranga Harbour and the 

Marine Precinct. 

He acknowledged that similar operations 

throughout New Zealand were run in different 

ways and some questions remained to be settled 

as to whether the council should be running 

such a system. 

“The Precinct is going pretty well and 95 

percent of it is ticking over sweetly,” said 

Withington. “We’re well over targets for occupancy 

and utilisation of the facility and it’s 

definitely settled down. What we are doing is 

humming along, but we still have outstanding 

questions.” 

Withington said that when he had joined, 

he became aware there was no strategy for 

how Tauranga uses the harbour, so there was 

no guidance on how the Marine Precinct and 

its facilities fitted into the use of the harbour. 

“Everything’s been a bit piecemeal.” 

Organisers were now focusing on two 

phases. The first was commercial and then 

there would be a move to a recreational focus, 

he said. 

Withington observed that local fishermen 

continued to use the Precinct. 

“In the next couple of months aiming to 

find out exactly what people want and identify 

high level objectives for this facility,” he said. 

‘Improving Your place in the world’ 

Contact Roger on 

0274 994 237 to see 

what we can do for you. 

Email roger@grimeoff.co.nz 

Web grimeoff.co.nz


COVER STORY – marine precinct 

super yacht coatings’ success 

Super Yacht Coatings has been a key contributor to the success 

of Vessel Works’ Marine Precinct 

New Zealand’s premier offering for large vessel haulout and refit work 

“We recently visited for a 4-month refit. 

I found the yard, staff and facilities to be 

highly professional and accommodating. 

All the contractors we required for the refit 

were either based at the yard, or within the 

nearby precinct, making it an ideal yard for 

our project. I wouldn’t hesitate to 

recommend Vessel Works to any other 

captains or boat owners when considering 

their next haul out.” 

Barnaby Newton, MV Ata Rangi 

“Vessel Works will definitely be 

my first choice again!” 

Phillipe Delamare, Nomad IV 

“Great facilities, great services, 

we’d come back anytime” 

Wayne Kusabs, Commission 

By DAVID PORTER 

Super Yacht Coatings, 

created by ex Bay of 

Plenty boys Regan 

Woodward and Mark Hanna, 

has played a key role in building 

the success of Tauranga’s 

Marine Precinct. 

The company, originally 

established in Auckland, had 

already built a worldwide 

reputation for its professional 

paint jobs when it became one 

of the original tenderers to the 

new Vessel Works operation 

in Tauranga. 

It has also retained its 

operation in Auckland as well 

as diversifying into Tauranga. 

Other companies based 

at the Marine Precinct have 

praised the company and 

noted that it has successfully 

drawn high level jobs and 

helped create work for other 

contractors at the site. 

Woodward and Hanna 

have a combined experience 

of almost 40 years in the 

business. 

Ben Steele, general manager 

at Super Yacht Coatings, 

singled out the 36m 

yacht Miss Silver, which is 

currently undergoing a major 

six-month long refit at Super 

Yacht Coatings new facility. 

Steele noted the yacht was 

originally built in New Zealand 

by Alloy Yachts in 1994, 

but had subsequently been 

owned overseas before being 

brought back for the major 

New Zealand refit. 

“This is a major restoration 

for Miss Silver,” said Steele. 

“We’re delighted to be 

able to work on a yacht of 

this calibre in Tauranga, especially 

with its New Zealand 

history.” 

Steele noted that the work 

on Miss Silver was providing 

work for most companies 

within the Marine Precinct as 

well as Super Yacht Coatings, 

which currently employs 40 

staff, and has worked on a 

variety of major yachts on the 

Vessel Works hardstand since 

it began operations a couple 

of years ago. 

Super Yacht Coatings is 

currently finalising its new 

facility and has worked on a 

number of significant New 

Zealand vessels since setting 

up operations in Tauranga. 

Steele said having Miss 

Silver occupy the shed for six 

months was a positive for the 

company and the wider Tauranga 

Marine industry. 

He said that obviously 

Super Yacht Coatings had 

been a bit worried as was 

everyone else when Covid-19 

struck. 

But the company had experienced 

a decent 12 months, 

especially from September 

onwards, both in Auckland 

and Tauranga. 

“Your yard staff were exceptional. 

This was my second visit to your 

facility, and I will definitely return 

in two years’ time for another 

service visit” 

Barry Walters, Martinique 

350 tonne 

lift capacity

BOP 

PERSONALITY 

PROFILE 

Finding a vocation 

on the sea 

Jon Jon Peters knows he carries a lot of responsibility on his shoulders. As Bay of Plenty 

Regional Council’s Harbourmaster and Marine Manager, he is responsible for keeping the 

community safe while they use our local rivers, lakes and harbours. 

Jon Jon Peters 

While the number of 

on-water rule breaches 

is up this summer from 

last, Harbourmaster Jon Jon Peters 

says the maritime team are making 

a difference across the Bay 

and the majority of water users are 

complying with the rules that keep 

them safe and more importantly 

alive. 

The father of three grew up in 

Central India – landlocked hundreds 

of kilometres from any open 

water. His father, the late Tony 

Peters is of Indian descent from 

Goa and his mother’s family is 

from England. 

His father had many sea captains 

as friends and they would 

tell the small impressionable Jon 

Jon stories of the open seas and 

adventures they had thousands of 

kilometers away from home. 

At the age of four, he sailed 

from Mombasa, Kenya to Bombay 

returning home from visiting family 

members working as expats on 

the East African shores – he was 

sold, it was the life for him. 

“I fell in love with the sea – I 

drew tattoos of anchors, boats and 

waves up and down my arms day 

dreaming of the open waters,” he 

said. 

After completing school and 

working at other jobs, he joined the 

Merchant Navy as a deck cadet. 

He travelled across oceans for 

10 years on super tankers slowly 

moving his way up the ranks until 

he graduated as a sea captain. 

While on vacation, he met his wife 

Michelle – who was working for 

an airline in Hong Kong 

“I was sailing and she was 

flying.” 

The pair soon had their first 

son, and settled in Hong Kong 

for around 10 years and were land 

locked once again, but over the 

next 20 years, Jon Jon’s career 

crossed over different aspects of 

the shipping world. 

From being the general manager 

of a port, operations manager 

and cargo superintendent across 

West Africa to China to the Americas 

– he knows the industry inside 

out and has the stories to go with 

it. 

In 2000, he was a mate on 

board a product tanker when a 

massive storm hit off the coast of 

Newfoundland. 

It was -18 degrees outside and 

9m high waves were smashing 

over the ship when Jon Jon was 

summoned to the captain’s quarters. 

The captain of the ship had 

passed away and Jon Jon was left 

in charge to sail the ship to shore 

through the storm, which lasted 

two days. 

Although attracted to a life at 

sea, his fondest memories through 

his career have included places 

close to shore including travelling 

up the Kiel Canal in Germany and 

transporting large ships up and 

over the Soo Locks in America. 

Peters and his family first immigrated 

to New Zealand around 18 

years ago, but then finally returned 

five years ago after working as an 

expatriate overseas – he was after 

a little slice of paradise and a place 

to call home after so many years 

traveling abroad. 

He spent the last five years in 

Tauranga working for Maritime 

New Zealand, but secured his 

position as the new Bay of Plenty 

Regional Council Harbourmaster 

in late 2020. 

Each summer the Maritime 

team patrol the Bay of Plenty 

waters ensuring that boats and 

other personal watercraft vessels 


are following the rules. 

Jon Jon knows he has a challenging 

role keeping the community 

safe, but that is what drew him 

to the job. 

Jon Jon said flouting the rules 

is just not worth it. 

“Most drownings occur 

because a person isn’t wearing a 

life jacket. It’s about safety - we 

are not here to hand out infringements, 

we are here to save lives,” 

he said. 

“If you don’t follow the rules 

you are a danger to yourself and 

to the rest of the community – the 

rules are here to save lives – nothing 

more. 

“That is my biggest challenge, 

getting this message across to the 

community. We are here to keep 

you safe and alive.” 

If you have broken a rule on 

Bay of Plenty waters, you will 

receive a Breach Notice from the 

Harbourmaster, which includes a 

warning with a letter of explanation, 

but no further action will be 

taken. 

If your offence is deemed 

unforgivable, you will receive an 

infringement notice, with details 

of your offence and a $200 fine to 

be paid. 

However, before handing out 

an infringement, the Harbourmaster 

will look at a few things. 

“The attitude of the offender, 

have they breached before, do they 

just not know better for example 

or are from out of the region. But 

if you are arrogant and just flouting 

the law… then you will be 

fined.” 

“It is a challenging job at 

times and you have to be cautious 

of not making a wrong call – but 

the most important thing for me is 

keeping my eye on the ball which 

is the safety of the community. 

“Some people won’t like that 

but if it’s good for the community 

then I am going to do it. I have to 

look at the bigger picture.” 

NEWSBRIEF 

Tech in the Bay: 

Not a world away 

The BOP has more in common with 

Silicon Valley than many of us 

realise. Sure we’re not the home of 

Google or Apple, but we punch above our 

weight. 

In the June issue we will be running our 

first quarterly Tech in the Bay supplement. 

Every month we see new developments in 

the tech sector right here on our doorstep – 

incredibly these often go largely unnoticed 

by the general public; There are looks of 

astonishment when down the track those 

very same local innovators make headlines 

on the world stage. 

We believe the tech sector will continue 

to become an increasingly important part 

of or local economy and we have an exciting 

job to do - we will be telling the stories 

of what our innovators are doing. 

Look for Tech in the Bay in the June 

issue of BOP Business News. If you have a 

story you think we should know, contact us 

now: info@bopbusinessnews.co.nz 

Dunne moves on 

After five years as chief executive 

of Tourism Bay of Plenty, Kristin 

Dunne is moving on. 

Under Dunne’s leadership, Tourism 

Bay of Plenty has delivered significant 

outcomes for Tauranga and the Coastal 

Bay of Plenty, including growth of more 

than 65 percent in visitor spend, worth just 

over $1 billion to the local economy, the 

organisation said in a recent statement. 

An advocate for iwi and hapu engagement, 

Dunne inspired the co-created strategic 

plan, Te Ha Tapoi | The Love of 

Tourism, that she leaves as a legacy and 

Tourism Bay of Plenty chairperson Laurissa 

Cooney said she was leaving behind 

“significant shoes” to fill. 

“Kristin’s leadership has been particularly 

inspiring as the region faced crises 

in Whakaari/White Island and Covid-19,” 

said Cooney. “The Board of Tourism Bay 

of Plenty wish to thank Kristin for her 

unstinting effort to create a visitor economy 

that regenerates our people and place. 

We appreciate Kristin has not made this 

decision lightly. While we are sorry to see 

her leave us, we respect her decision and 

thank her for all she has helped achieve for 

the destination.” 

Current Tourism Bay of Plenty trustee 

Oscar Nathan will step down from the 

board to fulfil the acting leadership role 

until July 1, while searching for a permanent 

chief executive. 

Nathan said the organisation was in 

great shape to keep delivering its strategic 

plan. “The team at Tourism Bay of Plenty 

are a talented bunch of people, fiercely 

dedicated to what they do, and extremely 

passionate about the region.” 

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What are the fees and where do they go? 

FRANCHISING 

> BY NATHAN BONNEY 

Nathan Bonney is a director of Iridium Partners. He can be 

reached at nathan@iridium.net.nz or 0275-393-022 

A recent conversation with a franchisor client prompted some 

discussion and reflection on the franchise model, in particular what 

does a franchisee get for their fees and are they good value? These 

are really good questions, and usually the first asked by any potential 

franchisee after, how much does it cost to purchase? 

The answer to what are the 

fees, varies depending 

on the industry or sector, 

and the particular system. 

But we can look at the typical 

fees associated with a food and 

beverage franchise as these 

generally sit with-in a range. 

We can then look at where do 

they go, and what do you get 

for the fees? 

Initial franchise grant fee 

This provides the franchisee 

access to and use of the intellectual 

property including systems 

and processes, branding 

and of course any proprietary 

products. Generally, these 

range from $30,000 to $50,000 

depending on the system and 

what is called the initial term, 

or the period of the franchise 

agreement. 

In my opinion, even at the 

higher end, this is extremely 

reasonable and by no way 

captures the collective cost of 

developing the franchise system 

and know-how. 

For most systems to get to 

that point they have invested 

heavily over a number of 

years, tested, refined and 

proven systems and processes 

and the initial franchise fee is a 

mere fraction of what it would 

cost an individual to actually 

duplicate. 

Training fee 

A key part of buying into a 

franchise is learning the business 

and training a new franchisee 

is a franchisor’s core 

task. Sometimes a training fee 

or component is included in 

the initial franchise grant fee 

or sometimes separated out as 

a separate fee. 

Good franchise systems 

invest very heavily in their 

training programs from both 

a system and on a personnel 

basis. 

Rarely could the training 

fee be considered a revenue 

generator for the franchisor. At 

best a training fee or allocation 

from the initial franchise fee is 

cost recovery. 

Where a franchisee buys an 

existing franchise, they usually 

pay a training fee to the franchisor. 

But bear in mind this is 

not actually growing the number 

of franchisees or business 

units. 

Ongoing royalties 

For most food and beverage 

systems, the ongoing franchise 

fees or royalties are based on 

a percentage of revenue or 

turnover. 

This ranges from a very few 

systems as low at four percent 

through to seven percent, with 

the majority in the middle. 

What do you get in return? 

In absolute terms, this will 

depend on the system, but 

will include ongoing access to 

system developments, group 

purchasing, which in itself 

may offset the franchise fees, 

support and guidance and most 

importantly use of the brand, 

recognition of which may be a 

massive revenue driver. 

Group marketing 

contributions 

This is sometimes referred to 

as Ad-fund. It’s important to 

remember that this is not revenue 

for the franchisor and they 

do not directly benefit from it. 

It is spent on behalf of the franchisees 

to increase revenue in 

their businesses. 

The franchisor indirectly 

benefits from an associated 

increase in revenue through 

any franchise fees. 

Percentages range from two 

per cent through to perhaps six 

percent of revenue. Not bad 

when the old rule of thumb 

is that you should allocate at 

least five percent to marketing 

your business, and they 

the individual franchisee units 

benefit from the collective 

group spend, which is what 

makes it so powerful. 

Technology, systems and 

special fees 

Some systems have either 

one-off development fees, or 

special fees to cover the costs 

of specific technology or systems, 

are perhaps a specific 

development program. 

Again, these are not usually 

revenue generators for franchisors 

and generally offset specific 

costs in the system for the 

franchise business units. 

And again, in many or most 

cases the costs may be far 

lower than what an independent 

business operator would 

have to pay. 

Are the fees good value? 

In my opinion, as a general 

framework, yes absolutely 

these fees are good value and 

they will usually represent a 

percentage of the costs of an 

independent business unit to 

recreate what is provided. 

But ultimately answering 

the question of value will 

depend on the franchise system, 

how well-developed and 

supported it is, whether it has 

good systems that create quasi-value 

for the franchisees and 

associated cost savings. 

And whether or not it has 

a marketing programme that 

generates return via increasing 

brand awareness and sales. 

NEWSBRIEFS 

Winners selected for the Page/ 

Acorn Engineering Scholarship 

Paul 

O’Driscoll 

David 

Forbes 

David 

McConnochie 

Get the expert help you need 

Forsyth Barr 

Do you have a plan on how to best 

meet your future financial needs? 

Ensuring that you have enough income 

to see you through retirement and are 

able to manage unforeseen changes in 

income can be a significant challenge. 

At Forsyth Barr we have a dedicated 

team who can help you to plan, build 

and manage an investment portfolio 

to suit your needs. 

Fees and charges will apply if you elect to have a 

continuing relationship with Forsyth Barr. 

Nicola 

Muir 

Brett 

Bell-Booth 

Philip 

Kilpatrick 

Andrew 

Davis 

Karl 

Mabbutt 

Whether you need to maintain a 

certain level of income, or grow funds 

to help future generations reach their 

financial goals without the burden of 

debt, we can provide the expert help. 

Contact us for a free review of your 

investments in confidence and a 

no-obligation discussion on how we 

can help you achieve your future 

financial goals. 

40 Selwyn Street, Tauranga | (07) 578 2737 | forsythbarr.co.nz 

TAU6195-04 © Forsyth Barr Limited April 2021 

The Acorn Foundation is pleased 

to announce the five recipients of 

the 2021 Page/Acorn Engineering 

Scholarship. 

Members of the Acorn Scholarship 

Committee review applications put forward 

from local engineering firms, including 

references and progress reports provided 

by Competenz to select the best 

second year apprentice candidates each 

year. 

The following recipients and their 

respective workplaces will receive funding 

to assist with expenses and equipment 

for the next two years from the Bob & Pat 

Page Fund: 

• Torin Bryon, Te Puna – Boshier 

Engineering 

• Omri Cook, Papamoa Beach – Gamminco 

Industrial 

• Giovanni Dryfhout, Te Puke – Page 

Macrae Engineering 

• Ronan Mitchell, Mt. Maunganui – Page 

Macrae Engineering 

• Connor Watkins, Papamoa Beach – 

Contract Mechanical Services Ltd 

“The Page/Acorn Engineering Scholarship 

programme has been running for 13 

years. Nearly 60 well-deserving apprentices 

and their workplaces have received 

support due to the generosity of Bob and 

Pat Page. 

“It is wonderful to have the Acorn 

Foundation manage such a worthwhile 

endeavour,’ said Lori Luke, general manager 

of the Acorn Foundation. 

The Page Macrae Engineering team 

were thrilled with the awards, saying “On 

behalf of the Page Macrae team and the 

Omri Cook, Papamoa Beach – 

Gamminco Industrial. 

two successful applicants, we thank you 

and all those involved in the Acorn Foundation 

for this wonderful opportunity for 

the apprentices and their employers. So 

gratefully received and appreciated!


NEW APPOINTMENTS 

BBN’S GUIDE TO NEW PEOPLE AND NEW ROLES ACROSS BUSINESS IN THE BAY 

To feature in New Appointments email us at new.appointments@bopbusinessnews.co.nz 

Sustainability bolstered by recruitment 

progress 

Businesses across the Bay of Plenty continue to grow in 2021. This issue features two new appointments. 

Please contact us if your organisation has any exciting personnel changes you would like to share. 

Desirae Kirby 

The Rotorua Sustainable 

Charter (RSC) is pleased 

to welcome Desirae Kirby 

as their new Sustainability 

Advisor. Formed in 1998, the 

RSC is an incorporated society 

based at APR Consultants 

comprising many businesses 

committed to sustainable 

outcomes and to continually 

improving their environmental 

& social performance. Ms 

Kirby is a chemical engineer 

with a wealth of experience 

in the environmental research, 

resource management & sustainability 

spaces. Formerly 

with Oji Fibre Solutions, Ms 

Kirby is a past national president 

of Appita (the Aust & 

NZ Pulp & Paper Technical 

Association) and is currently 

national president of Zonta. 

Paula Power 

The Staffroom welcome 

Paula Power as their newest 

staff member to their team 

of Recruitment Consultants. 

Paula has spent many years 

working with a range of businesses 

developing key relationships 

over a range of 

industries including recruitment. 

She is passionate about 

helping candidates achieve 

their goals within their careers 

and clients, to find the right 

solution for their recruitment 

need. Paula enjoys spending 

time with her partner and their 

large family of 5 girls. When 

she can find time, she enjoys 

freestyle jet skiing, riding her 

Yamaha pole ski in the surf at 

some of her favourite spots in 

New Zealand. 

ADVERTORIAL 

2degrees makes roaming worryfree 

for businesses making the most 

of the new trans-Tasman bubble 

Nearly half of Kiwi 

businesses said their 

relationships suffered 

due to less face-to-face 

interaction in 2020 – 

2degrees research. 

After more than 12 months 

of effective border closure, 

Kiwis can now cross the 

ditch to visit family and friends, or 

to progress business interests. 

2degrees has had a keen interest 

in how business owners were 

viewing the idea of overseas travel, 

and with the opening of the trans- 

Tasman bubble on 19 April the 

telco has interesting insights to 

share. 

The 2degrees’ Shaping Business 

Study, now in its second year, 

reveals the decision to re-open the 

borders will likely come as a relief 

to Kiwi business decision makers, 

a third of whom say they will only 

travel once there is no requirement 

to quarantine. 

The telco’s first iteration of the 

Shaping Business Study back in 

2020 looked at views overall, and 

for more than a quarter (28%) of 

business decision makers, the pandemic 

put travel firmly in the no 

Andrew Fairgray, Chief Business Officer, 2degrees. 

go zone. Fast forward 12 months 

and this figure has dropped to just 

12%, suggesting Kiwi businesses 

are ready to do business in-person. 

When asked about their appetite 

for trans-Tasman travel, 42% 

of business decision makers said 

they intend to travel for business in 

Australia at least annually when the 

bubble opens. 

This is in stark contrast to 2020, 

when a third said they would not be 

doing any business in Australia at 

all. 

Andrew Fairgray, Chief Business 

Officer at 2degrees, says that 

while the company’s network has 

played a critical role in keeping 

trans-Tasman businesses connected 

in the last year, the company 

wants to make it just as easy for 

people travelling for business to 

communicate. 

“Prior to Covid, we looked at 

where our business customers were 

travelling to and found that more 

than half were crossing the ditch to 

Australia regularly. That’s why we 

committed to making roaming in 

Australia available at no cost for all 

2degrees Business customers when 

the bubble opens.” 

The decision means that 

2degrees Business customers can 

now roam in Australia at no extra 

cost to use minutes, data and text. 

“I’m proud to say that we lead 

the market with our business roaming 

offer,” says Andrew. 

“Our research this year revealed 

that nearly half (48%) of employing 

business decision makers 

believe their business relationships 

suffered due to less face-to-face 

interaction in 2020 – an indication 

of how important doing business 

in-person really is.”


NEWSBRIEF 

Startup Weekend 

Tauranga | 

Wellbeing 

Friday 14 May to 

Sunday 16 May 

Basestation, 148 

Durham St, Tauranga 

Priority One is getting right 

behind this event and looking 

for community-minded 

people who want to improve the 

well-being of our community 

and work together with a team 

of like-minded people to come to 

impactful solutions. 

What is Startup Weekend? 

Startup Weekend is an entrepreneurial 

event organised by volunteers 

all over the world. For the 

last nine years, Startup Weekend 

Tauranga has brought together 

innovators, problem solvers, 

marketers, developers, designers 

and more. In just 54 hours 

participants meet, form a team, 

develop an idea, and showcase 

their startup concept to a panel 

of Judges. 

Why should I attend? Pitch 

an idea, learn a new skill, talk to 

as many people as possible, and 

step out of your comfort zone. 

It’ll be the best thing you do 

that weekend! If you want to put 

yourself in the shoes of an entrepreneur, 

register now for the best 

weekend of your life. 

More information and register 

at Priority One. 

Enabling can 

be disabling 

After nearly 15 years in credit management and 

almost six in the repossession industry I have noticed 

a few trends. One of these is that people will not 

learn from the consequences of their actions if they 

do not have to face them and taking away the ability 

of the debtor to deal with the matter as soon as 

possible does not help them in any way. 

Time after time we pursue a 

debtor for either collection 

or repossession only to be 

blocked by a well-meaning parent 

or family member, who knowingly 

shields the debtor from speaking to 

us thinking that they are doing them 

a favour. This could not be further 

from the truth. 

You see, generally the longer 

a debt is outstanding or the more 

work that is involved in locating 

the debtor, the higher the fees and 

the more serious the potential legal 

consequences. 

Often expensive court action is 

required where a simple and inexpensive 

phone call or field visit 

could have resolved the matter. 

Another well-meaning but ultimately 

damaging action taken by 

people, particularly parents, is 

repeatedly bailing debtors out of 

debts and then expressing surprise 

when more debts crop up. 

“If you take away the pain you 

take away the lesson” is a saying that 

a good friend of mine says often and 

I feel it is very applicable here. 

The only lesson that is learned 

from not having to deal with the 

consequences of poor decisions 

is that poor decisions have no 

consequences. 

I have seen parents literally bankrupt 

themselves bailing errant adult 

The only lesson that 

is learned from not 

having to deal with 

the consequences of 

poor decisions is that 

poor decisions have 

no consequences.” 

children out of a string of debts. 

Whether this be out of a sense of 

shame, guilt or obligation it does not 

help and this is made obvious by the 

behavior repeating itself and the pain 

shared not reduced. 

Suggestions for scenarios 

CREDIT CONTROL 

After seeing how hundreds of the 

above scenarios have panned out, 

here is my suggestion. 

Instead of helping a debtor avoid 

a debt or paying it for them there is a 

way that can achieve the goal of the 

debt going away or at the very least 

limit the extra costs and interaction 

with lovely agents such as myself 

and my collegues. 

Encourange the debtor to run 

a free credit check through www. 

mycreditfile.co.nz or www.creditsimple.co.nz 

and take this to either a 

> BY NICK KERR 

Nick Kerr is a Business Advisor at NJK Advisory Ltd. 

He is also director of International Private Investigations 

Ltd. Nick can be reached at nick@nzipi.com 

budgeting advice service or contact 

each creditor directly and offer a 

payment plan. 

You will both be surprised at how 

nice and accommodating creditors 

can be once a debtor makes contact 

offering a payment plan. 

No matter how small the payments 

are, as long as it is reasonable, 

this way not only is the problem 

confronted head and the anxiety and 

stress reduced the lesson is not lost, 

which will make it less likely for the 

situation to reoccur. 

Just a thought. 

ALTOGETHER 

At Bayleys, we believe relationships are what businesses are built on and how they 

succeed. We understand that to maximise the return on your property you need: 

Professional property management 

A business partner that understands your views and goals 

Contact the Bayleys Tauranga Commercial Property Management team today. 

Bayleys Tauranga 

Commercial Property Management 

07 579 0609 

jan.cooney@bayleystauranga.co.nz 

SUCCESS REALTY LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008 

ALTOGETHER BETTER 

Residential / Commercial / Rural / Property Services


WFH doesn’t mean 

you’re TOOC 

In pre-Covid days, if you created copyright works such as drawings 

or source code as part of your job, the odds are you would have 

done so during “normal office hours” at your desk rather than at 9 

o’clock at night in the comfort of your own home. It would have been 

straightforward to establish who was the owner of copyright (TOOC) 

in those drawings or source code. 

INTELLECTUAL PROPERTY ISSUES 

> BY BEN CAIN 

Ben Cain is a Senior Associate at James & Wells and a Resolution 

Institute-accredited mediator. He can be contacted at 07 928 4470 

(Tauranga), 07 957 5660 (Hamilton), and benc@jaws.co.nz. 

In these Covid-affected times, 

however, many office-based 

employees now work flexible 

hours and work from home 

(WFH). 

Indeed, the 8.30am – 5pm 

day in the office has almost 

become a rarity rather than the 

norm. As a result, ascertaining 

who is the owner of copyright 

in drawings or source code 

may be a little harder to discern; 

or at least, the topic may 

be open for greater debate. 

The need to be sure of 

who owns what in an employment 

context is perhaps more 

important now than it used to 

be. 

The recent case of Michael 

Penhallurick v MD5 Ltd [2021] 

EWHC 293 in the Intellectual 

Property Enterprise Court in 

England, although relating to 

events pre-Covid, illustrates 

this need. 

Penhallurick, a former 

employee of MD5, claimed 

ownership of copyright in eight 

works relating to a technique 

he named “Virtual Forensic 

Computing” or “VFC”.* 

The eight works comprised 

different versions of the software 

code (literary works), a 

graphic user interface (artistic 

work) and a user guide (literary 

work). 

It was established that the 

first two works – the earliest 

version of the VFC source code 

and the object code compiled 

from this code – were created 

in 2005 and 2006, before Penhallurick 

was employed by 

MD5 in November 2006. 

The Court found these 

works were not relevant to 

Penhallurick’s claim and consequently 

focused its assessment 

on the remaining six 

works created by him after he 

joined MD5. 

Identifying the author 

The Court found Penhallurick 

was the author of the six 

remaining works and therefore 

was the first owner of copyright 

in them – unless any 

were made in the course of 

his employment by MD5 pursuant 

to the IP clause in Penhallurick’s 

employment agreements, 

in which case MD5 was 

the first owner. 

Which of these was the case 

turned on the meaning of “in 

the course of his employment”. 

Why? Because of the poor 

wording of the “Job Titles and 

Duties” and intellectual property 

clauses in Penhallurick’s 

first employment agreement. 

The Court ultimately found 

that all of the works had been 

created by Penhallurick in the 

course of his employment with 

MD5. 

Of particular interest to 

this author, and relevance to 

this article given the current 

fashion for working flexible 

hours from home, however, is 

the Court’s finding in relation 

to the third and fourth copyright 

works (“VFC Version 1” 

and the graphical user interface 

(“GUI”) for VFC Version 

1) created by Penhallurick 

in 2007. In respect of these 

works, the Court said: 

“[66] … It seems that Mr 

Penhallurick took on the task 

[of developing VFC Version 

1 and GUI] with enthusiasm, 

to the extent that he took his 

In these Covid-affected times, however, 

many office-based employees now work 

flexible hours and work from home 

(WFH).” 

work home some of the time. 

His staff annual appraisal of 

August 2007 suggests that 

much of the work must have 

been done during working 

hours at MD5. 

“But whatever the exact 

proportion done at home, it 

does not displace the strong 

and primary indication that it 

was work done in the course 

of his employment. The fact 

that an employee does work at 

home is relevant to the question 

of whether the work is of a 

nature to fall within the scope 

of the duties for which he is 

paid but it may or may not 

carry much weight. 

“Where it is otherwise 

clear that the work is of such 

a nature, in my view the place 

where the employee chooses to 

do the work will not generally 

make any difference. The same 

applies to the ownership of the 

tools the employee chooses 

to use, here sometimes Mr 

Penhallurick’s own computer 

system. 

“If it is clear that the 

employee is being paid to 

carry out a task as agreed with 

his employer, he may choose 

to use tools supplied by his 

employer or his own tools; 

either way, the task is carried 

out in the course of his 

employment.” 

Although it is not stated, I 

am confident the same reasoning 

applies to the time of day 

the employee chooses to do the 

work – that is, it doesn’t matter 

whether you do the work 

at 10am or 10pm, if the work 

is carried out in the course of 

your employment then any 

copyright rights in it will be 

owned by your employer. 

What employees and 

employers should do 

Standing back, Penhallurick’s 

case identifies two important 

‘‘take homes” for both 

employers and employees: 

• First, if an employer is 

going to make use of copyright 

works created by an 

employee before that person 

is an employee, then 

the employer should have 

the employee assign copyright 

in those works to the 

employer at the same time 

the employee becomes an 

employee. Alternatively, 

execute a licence agreement 

with the employee at 

the same time the employee 

becomes an employee 

to enable those works to 

be lawfully used by the 

employer; 

• Second, the employer 

should ensure employment 

agreements, but particularly 

those with employees 

whose job it is to create 

intellectual property, 

adequately identify an 

employee’s role and scope 

of duties so that it is clear 

what resulting intellectual 

property the employer is 

laying claim to by virtue of 

the employment agreement, 

irrespective of what time of 

day and where that intellectual 

property is created. 

* VFC is a method of retrieving 

an image of the hard disk without 

writing on it, then booting 

up the image on a virtual 

machine so that the image can 

be investigated. In developing 

the technique, Penhallurick 

had used a freely available 

product called VM Software 

to set up the replica of the 

target computer’s hardware 

and operating system. As computer 

programs generally have 

inbuilt safeguards to prevent 

them from being manipulated 

in this way, the method developed 

by Penhallurick involved 

a password bypass feature. 

BEWARE OF FOREIGN IMITATIONS. 

There’s no shortage of great ideas in New Zealand. 

But for an innovative bunch, we’re not the best at 

realising the full potential of our innovations, particularly 

when exporting them. 

At James & Wells, we can identify your competitive 

edge, offer business strategies for specific markets and 

help you own and leverage your intellectual property to 

ensure no one steals the fruit of your labour. 

www.jaws.co.nz | +64 7 928 4470


Historical changes 

to how we consume 

technology 

Over the years, technology has revolutionised our world and daily 

lives, with the trend of the increasing significance of technology only 

set to continue. It is therefore of use to look back at how technology 

has evolved. 

Understanding the driving 

factors behind innovation, 

and the evolution 

for how technology is consumed 

could provide insights 

and set the stage for what the 

future might hold. 

In a matter of just over 70 

years, computers have gone 

from requiring an entire warehouse 

to operate, to a device 

as small as seven inches and 

weighing less than a kilogram 

running largely from a Cloud. 

This drastic growth in technical 

capabilities has led to 

an equally drastic change in 

how computer technology is 

consumed. 

The original general-purpose 

computers largely acted 

as mathematical calculators. 

Today, relatively strong 

computational power can be 

found in everything from our 

smartphones to our watches 

and even our fridges. 

There have been several 

historical events that accelerated 

breakthroughs in technology, 

the most notable being 

World War II. 

This period acted as a midwife 

to the birth of the modern 

electronic computer. 

Unprecedented military 

demands for calculations and 

hefty wartime budgets spurred 

innovation. 

Ultimately, technology 

played a greater role in the 

conduct of World War II than 

in any other war in history 

and had a critical role in its 

outcome. 

Shortly after World War II, 

the first programmable digital 

computer, called ENIAC was 

built and designed specifically 

for computing artillery range 

tables for the military. 

Plugboards were used to 

implement ENIAC’s programming, 

which could take 

weeks to implement, but once 

completed allowed for computational 

speeds achievable by 

electronic means only. 

Impact of the Space Race 

The space race between the 

Soviet Union and the US was 

inaugurated by the Soviet’s 

launch of the first artificial satellite, 

Sputnik on October 4, 

1957, which marked the start of 

satellite GPS mapping and revolutionised 

global navigation, 

travel and communication. 

Light speed communication 

was the greatest innovation 

to be born of the race. In 

1969, the Advanced Research 

Projects Agency transmitted 

the first message over a global 

satellite network (ARPANET). 

This was the inception of the 

internet. 

2020 was a year dominated 

by the need to contain a pandemic. 

Nations scrambled to 

contain the virus, resulting in 

the first worldwide lockdown. 

Although the technology 

already existed, the pandemic 

gave rise to 88% of organisations 

globally requiring their 

service 

TECH TALK 

Sputniks launch on October 4, 1957 revolutionised 

global navigation, travel and communication. 

> BY TONY SNOW 

Tony Snow is chief executive and co-founder of Stratus Blue. 

He can be contacted at Tony@stratusblue.co.nz. 

employees to work from home. 

Society had already 

believed we lived in a digital 

age, the pandemic solidified 

that without the advancements 

in technology, many would 

not have been able to continue 

business as usual. 

An abrupt shift to a remote 

workforce brought hope to 

global economies, 

Confidential 

but it didn’t 

come without personal its downfalls. 

Cyber-crime rose to an alltime 

high. Organisations, governments 

and individuals all 

became targets. 

The rapid shift to work 

from home produced ideal 

conditions for cyber criminals. 

Many organisations didn’t 

have the time to implement 

robust cyber security solutions. 

TechRebublic reported a 

667 percent rise in phishing 

attacks in March 2020 alone, 

and a rise of 800 percent in 

ransomware attacks causing 

an estimated global loss of 

approximately $1 trillion. 

These changes to the cyber 

security threat landscape have 

called for drastic advancements 

in threat detection and 

security measures, with the 

Cyber Security market forecasted 

to reach $170.4 billion 

by 2022 according to Gartner, 

as organisations improve their 

defences against cyber threats. 

Time to sell your business? 

Confidential 

personal 

service 

ADVERTORIAL 

Is this the best time to sell 

your business? Obviously, 

that will always depend on 

individual circumstances. 

But one thing is clear – it’s 

better for you to be in control 

of the process and not 

be forced to sell due to 

health, death or relationship 

breakdown. 

We are seeing numerous 

positive indicators that business 

values are being maintained 

and in many cases 

are increasing. We have no 

doubt from our research and 

experience that that quality 

businesses are in demand at 

the moment. 

Generally the majority 

of businesses we have been 

seeing have produced really 

good financial performances 

post-Covid 19 lockdown. 

Fears that Covid-19 has affected 

their value downward 

appears to be unfounded 

in the majority of cases we 

have examined. 

For example, the Tabak 

Tauranga office recently 

sold a large manufacturing 

business to an expat New 

Zealander who was involved 

in a corporate job overseas, 

but had decided to return 

home because of the Covid- 

19 epidemic. 

The negotiations between 

the broker, purchaser and 

vendor were all conducted 

on Zoom prior to the purchaser 

returning to New 

Zealand. The purchaser has 

now settled with his family 

into the community and is 

enjoying being out of the 

corporate world and working 

for himself. 

A breakdown of our sales 

shows that in 2019 only 10 

per cent of purchasers were 

from out of the Bay of Plenty 

region with 90 per cent being 

existing residents. But by 

2020, 60 per cent of the buyers 

came from outside the 

Bay of Plenty with 40 percent 

local residents, and with 

that trend continuing so far 

in 2021. 

I have also noticed an 

increase in the number of 

companies from outside the 

region interested in acquisitions. 

One South Island 

company in particular is 

looking to expand into North 

Island towns and cities. 

Their model is to acquire an 

existing profitable business 

with staff, premises, systems 

and customer base in place, 

rather than trying to start up a 

new business for themselves. 

Basically, businesses are 

attractive as a result of the 

BETTER BUSINESS SALES 

> BY PAUL BRLJEVICH 

Director at TABAK Business Sales. Paul can be reached on 

027 693 4079 or paulb@tabak.co.nz 

overseas, and moving 

to the Bay of Plenty for 

Selling your business? 

lifestyle, coupled with the 

Selling your busines 

higher returns being provided. 

And business ownership 

continues to be exempt 

from Capital gains tax, 

while all interest costs continue 

to be 100 percent tax 

deductible. 

As a result, business values 

are being supported by 

a number of factors. These 

include: 

• A lack of quality businesses 

available on the 

market. 

• A significant number of 

purchasers coming from 

workers recently made re- 

good quality businesses is 

We connect quality businesses with serious bu 

dundant who want greater 

We connect quality control businesses of their working with serious buyers 

lives. 

• Historically low interest 

rates available for 

purchase. 

• And rental housing and 

commercial investors 

seeking higher returns 

from businesses. 

The total number of businesses 

is down circa 40 percent 

across the New Zealand 

market and the demand for 

high. We are also finding 

buyer demand for quality 

businesses is higher than in 

pre Covid-19 times. In our 

view, now is an ideal time 

to get a market appraisal for 

your business and to consider 

selling. 

Selling your business? 

We connect quality businesses with serious buyers 

For more information call: (07) 578 6329 

or email: tauranga@tabak.co.nz 

For more information call: (07) 5786329 

or email: tauranga@tabak.co.nz 

Confidential 

personal 

service 

Licensed REAA (2008) 

147 Cameron Road 

www.tabak.co.nz 

For more information call: 

or email: tauranga 

Licensed REAA (2008) 

Licens


First on the scene 

Photos from Tauranga Chamber of Commerce’s BA5 with 

Tauranga City Council commissioners. 

Photos by Vanessa Laval-Glad, Laval Studio 

1 

2 

1 Geoffrey Campbell (The Why Limited) and Valerie Rowe-Mitchell (Emerald Business Advisors). 2 Wiremu Matthews (Kanuka Wellbeing & Leadership) and Shad Rolleston (TCC 

Commissioner). 3 Jacqui and Peter Wren-Hilton (Wharf42). 

3 

4 

5 

4 Mike Bryant (Ministry of Social Development) and Tania Wilson (Momenta Charitable Trust). 5 Monique van Aken and Mel Cunliffe (Tauranga Chamber of Commerce). 6 Garth and Marie 

Morris (BestStart Educare). 

6 

7 

7 Martin Wang, Fiona Chen and Tom Lo (Good Top). 8 Rob Bull (Plexus Consulting), Tim Taylor (Houston Technology) and Alan Neben (BOP Business News). 

8 

9 

10 

11 

9 Tauranga Chamber of Commerce CEO Matt Cowley opens the BA5. 10 Barbara Dempsey (Tauranga City Council), Bill Wasley (TCC Commissioner) and Christine Ralph (Graeme Dingle 

Foundation). 11 Philipp Wilkens (Computastyle Designs) and Wayne Shadbolt (Graeme Dingle Foundation).


Cut through the noise with video 

Video is a powerful marketing tool. There is no stopping the rise 

of video consumption, and when it comes to marketing, it is an 

effective tool to engage your audience. 

THE LAST WORD 

> BY JAMES HEFFIELD 

Director of Bay of Plenty marketing and PR consultancy Last 

Word. To find out more visit lastwordmedia.co.nz or email 

james@lastwordmedia.co.nz. 

Consumers are busy 

and every day they are 

flooded with promotional 

messaging, so they need 

content that is easy to digest. 

That is where video comes in; 

it is engaging, entertaining and 

a quick way to get a message 

across. 

According to HubSpot, 78 

per cent of people watch online 

videos every week, and 55 per 

cent view them every day. 

No matter the size of your 

business, video is a valuable 

supplement to your written 

content and an important asset 

in your digital marketing strategy. 

And it does not have to be 

expensive. Pause for a moment 

and make sure your strategy 

is making the most of the 

medium. 

What are the benefits of 

video? 

Video marketing uses videos 

to promote and market your 

product or service, increase 

engagement on your social 

channels and educate your 

customers. 

By integrating video into 

your content plan, you can 

remain competitive and use 

it as a tool for accomplishing 

your goals. 

HubSpot Research found 

more than half of consumers 

are interested in watching videos 

from brands they support. 

Many of today’s consumers 

want to be entertained with 

content that is fun, eye-catching 

and easy to consume. 

Even small businesses with 

tight budgets can find a way 

to start making video content 

because it doesn’t cost nearly 

as much as it used to. The 

smartphones in our pockets 

can shoot high-quality videos. 

In fact, there is a demand 

for rawer and more authentic 

video. According to HubSpot 

Research’s study, consumers 

prefer lower quality videos that 

are authentic over high-quality 

videos that feel artificial. 

How do I make my 

videos count? 

Adding video to your website 

is a good starting point. Google’s 

algorithms are increasingly 

prioritising websites 

with video content. 

YouTube is the most widely 

used platform among video 

marketers. By uploading videos 

to a third-party platform 

like YouTube, then embedding 

them on your site, you avoid 

slow page load times caused 

by self-hosting. 

When uploading your content, 

make the most of SEO to 

boost your site’s ranking on 

relevant searches. Use compelling 

and relevant titles and 

descriptions with keywords. 

And do not forget about the 

tags and filename. 

Remember to leverage 

your social channels. Facebook 

is another leading video 

platform, where more than 4 

billion video views take place 

every day. Whether you upload 

video to your Facebook business 

page, use Facebook Live 

or Stories, or create a targeted 

video ad, make sure your story 

comes through on a small 

screen. 

Add captions 

Remember, most Facebook 

videos are watched with the 

sound off, so use captions 

where needed. 

Video can also provide a 

boost to your email marketing. 

People’s inboxes are in 

overdrive and having the word 

video in your subject line can 

break through the noise and 

spark their interest. It is shown 

to boost click-through rates 

and lower unsubscribe rates. 

But use videos wisely. 

Make sure they are relevant 

to your target audience and 

add value to your email. Most 

email providers do not support 

embedded video, so create an 

enticing graphic to represent 

the video and link it to the page 

your video is on. 

Creating a video for your 

brand certainly requires a bit 

of time and effort. But you 

can get started with photos 

and video clips you already 

have on your website and 

social media, or even use stock 

imagery. 

Video is becoming an 

essential supplement to all-important 

text-based content. It’s 

time to set a marketing plan in 

motion that includes video. 

Tell your 

business story in 

the Bay of Plenty’s 

most prestigious 

business 

publication 

YEAR 

BOOK 

CELEBRATING BAY BUSINESS | 2021 

Publishing June 2021 

For advertising enquiries: 

Pete Wales - 022 495 9248 

Email: pete@bopbusinessnews.co.nz 

www.bopbusinessnews.co.nz/year-book


FRIDAY 16 JULY 

TRUSTPOWER ARENA

24 BAY OF PLENTY BUSINESS NEWS May 2021

May 2021 - Bay of Plenty Business News

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