September 2023 - Bay of Plenty Business News

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14 BAY OF PLENTY BUSINESS NEWS September 2023 First goods trains welcomed Ruakura Inland Port set to transform freight moves across Upper North Island Ruakura Inland Port – a newly minted, 9ha customs-controlled cargo facility on Hamilton’s eastern boundary – welcomed its first two goods trains, one each from Tauranga and Auckland in August. The new $60m facility has been more than 15 years in development by Tainui Group Holdings, the commercial entity of Waikato-Tainui, and will be operated in a joint-venture with Port of Tauranga – for an initial period of 50 years. Senior management representing the JV were on hand to mark the first train from Tauranga rolling into the twin 800m rail sidings just after 7am on 3 August. Tainui Group Holdings Chief Executive Chris Joblin said the milestone marked an exciting new opportunity for importers and exporters, especially in the Waikato and Bay of Plenty regions. “This is a big step towards reducing carbon emissions from the Upper North Island supply chain. It gives importers and exporters the option to move away from the previously ubiquitous round-trip, road-based journeys, towards more rail-based one-way movements for cargoes,” Mr Joblin said. Recent modelling commissioned by the JV from independent supply chain experts has confirmed potential cost savings of up to 30% for cargo owners using rail from Ruakura Inland Port – compared to the roundtrip, road-served transport model from Hamilton to Tauranga and Auckland. Initially, two trains a week, each capable of carrying around 90 containers called at Ruakura Inland Port as the inland port underwent final commissioning during August. Train calls will now be increased to match demand. KiwiRail operates more than 85 train services per week between MetroPort Auckland and Tauranga which pass through Ruakura. This year will also see the opening of other large-scale businesses at the adjacent Ruakura Superhub. These include the 40,000m2 Kmart Distribution Centre, and new cold storage facilities operated by global player Maersk (16,000m2) and Big Chill (13,000m2), which will generate freight through the inland port. Leonard Sampson, Chief Executive of Port of Tauranga says partnering with TGH to operate the inland port has delivered strategic infrastructure which will amplify the connectivity of the Port’s existing facilities. “By combining Port of Tauranga’s expertise in developing and operating ports, with the deep regional connections of TGH, and the scale and efficiency of the Ruakura location we can deliver more value for our regions and customers,” he says. Quality Marshalling Ltd (a 100% owned subsidiary of Port of Tauranga) will manage physical operations at the inland port. The JV is forecasting to handle around 40,000 TEU 1 transferred through the Inland Port in the first year of operations. Peter Reidy, CEO of Kiwi Rail, also welcomes the opening of this strategic node on the national rail network. “It is not only an expansion, but a better utilisation of our national rail network. We believe that rail offers resilience against supply chain disruptions, and it is good to see increasing interest and use. Importantly, this project shows an increased connectivity of our infrastructure to benefit cargo owners and consumers across the country to help decarbonise land transport in New Zealand.” Chris Joblin of TGH sees the opening as a point of pride for the region’s economic infrastructure. “It is exciting to see another dot on the map for Hamilton. This is the type of infrastructure to really cement the city’s importance in the New Zealand’s economic landscape. With Ruakura Inland Port operating and the adjacent Waikato Expressway, it’s an alignment of infrastructure that will deliver great value for our country, region and Waikato-Tainui,” says Chris Joblin. 1 TEUs = twenty foot equivalent units, a standard measure of shipping containers Beware, beware how you compare... Capturing the consumer dollar can be a challenge at the best of times. At the worst of times, such as arguably those New Zealand is experiencing at the moment, it can be even harder. It is not surprising then that to maximise their chances of capturing the dollar, businesses might undertake what in legal speak is called comparative advertising. That is, advertising in which either a business states that its products (usually) are compatible with another brand’s products, or a business compares its goods (or services) to the goods (or services) of one or more competitors, highlighting the benefits of that business’s goods over the competitors’. INTELLECTUAL PROPERTY ISSUES > BY BEN CAIN Ben Cain is a Senior Associate at James & Wells. He can be contacted at 07 928 4470 (Tauranga), 07 957 5660 (Hamilton), and ben.cain@jamesandwells.com The benefits might be lower price, greater value, better performance or durability, for example. Done right, comparative advertising can be very successful, achieving brand switch and long-term loyalty. Just ask Whittaker’s and potentially Pak’nSave (Kiwis will know what I mean here …). Done wrong, and you can infringe registered trade mark rights (if you use a competitor’s trading name or logo in your ad) and/or breach New Zealand’s Fair Trading Act 1986 and Advertising Standards Code. A well-publicised recent example of where a business ‘got it wrong’ in New Zealand involves the kiwi toy company, Zuru 1 , and the world famous brickmaker, Lego 2 . Zuru had used the LEGO word mark on packaging for its own ‘MAX Build More’ toy bricks to advertise they were compatible with Lego branded bricks. Lego had not consented to Zuru’s use and, to cut a long legal story short, sued Zuru for trade mark infringement, passing off and breach of the Fair Trading Act. Although it failed on its passing off and Fair Trading Act claims, Lego did succeed on its trade mark infringement claim on the grounds Zuru did not use the LEGO trade mark in accordance with honest practices in commercial matters and its use took unfair advantage of the LEGO trade mark. Further, it was not reasonably necessary for Zuru to use the LEGO trade mark in such a prominent way on the front panels of its containers and packaging to indicate either a characteristic of its products or the intended purpose of its products. Outside the world of toy bricks, I am aware of two other recent examples where competitors have undertaken questionable comparative advertising. Due to client confidentiality, I am unable to divulge further details. It suffices to say however that when scrutinised, the comparisons – which involved comparisons of product features – did not stack up: quite the opposite, the comparisons were fundamentally flawed and, should they have been tested in a court, would, I venture, been found so. There are, I perceive, four key ‘rules’ when it comes to comparative advertising: 1. If making compatibility statements, like Zuru, ask yourself (and sense check with others) whether using your competitor’s name or logo is really necessary. A good rule of thumb might be, ‘If in doubt, leave it out’; 2. If comparing goods or services, compare apples with apples, not apples with pears and, worse still, lemons; 3. If you are questioned, make sure you can wholly justify the claims you make in your advertising; and 4. If you are in any doubt, seek appropriate legal advice. Forewarned is forearmed. 1. Zuru New Zealand Limited and Zuru Toys New Zealand Limited, to be precise. 2. Lego Juris A/S and Lego A/S, to be precise.
September 2023 BAY OF PLENTY BUSINESS NEWS 15 Confessions of a low emissions convert I often talk a big game. “Bike lanes are brilliant.” “Buses are so convenient.” “EVs – yeah, they’re our future.” Yet I’ll admit it, ‘I’m a fraud’. I haven’t caught a bus to a weekday meeting in years. I’ve never driven an EV, let alone bought one. Although I ride my bike regularly over the summer, I’m a fair-weather cyclist and over winter I get lazy and drive. So, when I found myself arguing recently with my old-school ‘petrolhead’ mate Steve that EVs are better, and cleaner, and faster, and quieter, and cheaper, and cooler … he called me out. “What are ‘you’ driving then,” he asked? “Or did you come here on your e-bike, or by bus?” I’d driven to meet him in my Nissan (internal combustion engine – ICE). A good car. A great car. But a dirty petrol-engine job nonetheless. Immediately I was fully exposed as an out-and-out fraud and no excuse seemed plausible. The excuses I contemplated proffering were all, quite honestly, pathetic. “I’m too busy to bus.” “I’m different from other people – my schedule changes often and I can’t cope with range anxiety.” “You can’t trust the weather forecast.” Instead, I went silent. The challenge That evening I decided to get off my lazy arse and make an effort – I pledged to not comment again on alternative transport modes until I’d actually used them. I think we are all irritated by the opinionated loudmouth who always seems to have a negative comment about things he or she has never experienced. OMG, I was that guy, though in my defence, my comments about things I’ve never experienced are generally positive (rather than negative); deep down there’s a Freudian HAVE YOU EVER NOTICED? > BY ALAN NEBEN Alan Neben is a Mount Maunganui local and experienced New Zealand publisher. His columns provide a light-hearted perspective on social changes effecting New Zealanders. desire for acceptance on my part. Come the following Saturday morning, the born-again me emerged. Diary of low-emission alt transport convert Saturday – return bike ride Mount Maunganui to the Lakes, Tauriko – 21kms each way; Sunday – this one was a biggie for me – apply online for a Bee card (for the uniniti- ated, that’s a local bus card) and download the Transit app; Monday – Lime scooter to two local meetings, though cautiously terminating each trip well out of sight of colleagues at the final destinations: I’m not stupid, my dismounts never look ‘cool’; Wednesday – Uber to and from business seminar and cocktails across town; day – Catch bus from Mount Fri- Maunganui to Tauranga. Meet friends. Drink cocktails. Catch bus home; Monday – Attend client presentation in Hewlett’s Road by Lime Scooter. Wearing lightweight shirt scooter home late and freeze; Tuesday – Catch bus to Tauranga and pick up GoTo Car Share Tesla for road test. SOLD; Wednesday – Bus, bike and scooter throughout the day. Thursday – Walk to meeting. Walk home; Friday – Celebrate two weeks car-free. Highlights • Passing queues of stationary traffic while riding a Lime Scooter one way, and via a bus lane on the way back – priceless. • Checking my Transit app to find out there’s a bus due at my front door in three minutes – yes! • Stepping off the bus in Willow St and taking eighteen steps into one of my favourite tap houses – nice. • Not needing to find a park there – nicer. • Taking a three-minute detour on my bike ride home from a morning meeting to check out the surf – paradise. • Riding from Mount Maunganui to The Lakes, Tauriko and only needing to ride on the road for two short stretches – awesome. Lessons learned • I live in a beautiful part of the world: a bus ride via Pilot Bay on a sunny morning is a wonderful way to start a business trip. • I feel more alive when I get fresh air and exercise. • It feels good to be doing your part to save the planet. • EV’s really are cool. Really. • Riding a Lime Scooter is good for the soul. • Sunny weather makes biking far more enjoyable. • Don’t bike 40kms in a day unconditioned and expect your rear end not to hurt. Questions • Why are there not more people on the bus? • Will petrol stations be replaced by charging stations soon? When? • When will Steve admit that EVs are better, and cleaner, and faster, and quieter, and cheaper, and cooler? Verdict • My next car will be an EV. • I’m still not convinced I’ll bike in the rain … but watch this space. • I will keep using the bus – it’s not just for school kids and retirees. I’m no longer a fraud, and I feel all the better for it. Let’s talk multi-modal – it’s my thing now. Impact of election on employment market HUMAN RESOURCES > BY KELLIE HAMLETT Talent ID are Recruitment Specialists and can support you through your recruitment process. Please feel free to talk to us about this by calling 07 349 1081 or emailing kellie@talentid.co.nz The political landscape of New Zealand can have a profound impact on various aspects of our society, and the employment market is no exception. The winning party(s) hold the power to shape policies to help achieve their distinct vision for the nation’s economic and social future. Potential changes to government spending, tax reforms, infrastructure investments, RMA reform, to name just a few, are all poised to influence the job market and the country’s economic conditions in multifaceted ways. These potential local changes coupled with continuing geopolitical tensions offshore, the emerging impacts of climate change, the significant slowdown in Chinese demand for our products and recessionary environments across the world certainly add an element of volatility and uncertainty to our NZ job market. However despite this, we still consider that New Zealand has strong economic credentials, an independent Reserve Bank and, with low government debt, is as well placed as any country to weather coming challenges; the employment market, although likely influenced in different ways by the election as outlined below, will remain, on the whole, strong. With regards to the upcoming election, it looks like it will be a tight race. However one thing that is apparent is the minor parties are much more likely to have a stronger influence than in the past, whether it’s the Greens and Te Pati Māori pulling Labour to the left or Act pulling National to the right. New Zealand is potentially going to experience a significant shift in its political landscape in the upcoming election. If we look at the last two terms of the Labour-led Government, we have seen a number of policies impact the labour market. These include the increase in minimum wages through to $22.70 per hour, the 10-day sick leave entitlement, a new Public Holiday and support of more than 90,000 New Zealanders through free trades training and apprenticeships with the unemployment rate reducing from 4.8%-3.3%. The Labour Government also introduced the accredited work force visa, which has had implications for employers and the candidate pool, which is very much short on skills, to an already struggling immigration department. Let’s look at some of the political parties’ policies and plans moving forward for the 2023 election and how these may affect the employment market. Labour – Our current Governing party has stated its next move is to back businesses to grow jobs and wages, continuing to offer free apprenticeships to fill skill gaps and with initiatives like the Regional Strategic Partnership Fund where they support industries to reach their full potential. They plan to create more jobs, including through investment in much-needed infrastructure projects. National – National have a raft of policies on offer, one of the key ones is tackling inflation. With a five-step plan including reducing unnecessary costs to employers, business and the productive economy and reducing bottlenecks in the economy, specifically the immigration policy mess causing New Zealand to lose skilled workers and making it too hard for businesses to welcome desperately needed staff. National appears currently to have a real shot at being able to form a coalition government with Act after the election and if they do, as they say they will, this might lead to increased economic activity, potentially translating to job creation in export-oriented sectors. Green Party – With their polling numbers increasing they could have significant influence on Labour if Labour wins enough seats. Their policies revolve around climate and a greener more sustainable New Zealand. The renewable energy sector is likely to benefit from a focus on sustainability, leading to job growth in roles related to clean energy production and technology. The Green’s climate plan will create jobs, and they plan to provide training opportunities and secure work for people moving out of carbon-intensive industries. Given this is a relatively new industry and some of the initiatives they are talking about are still in their infancy, this will take time. It is definitely an industry to watch and the employment market could experience a transformation in skill requirements in the long-term as is happening across many other nations. ACT Party – With strong polling numbers, ACT looks likely to have a major influence upon a National-led government if that comes to fruition. They have a plan to cut red tape, grow the health workforce, support farmers and introduce a tougher sentencing stance. This will grow roles in these industries, but again predominantly relates to bringing in international talent. Cutting the red tape will likely reduce some roles in the public service and their desire to cut government spending will potentially come by way of cuts to public service wages, which have been on a freeze until recently. These are due to be aligned with the current market. Another of ACT’s plans is to rollout toll roads across the country to help fix NZ’s roading situation which, looking at the current state of our roads, won’t be a small project; looking into civil roles for long-term employment could be a great career choice! Te Pāti Māori – Fiercely advocating for the interests of whānau, Hapū and Iwi in Government they may be in position to influence the likely winning coalition. The big push around gaining equality and better wellbeing for Maori will continue to see new opportunities for Maori in the employment market and upskilling opportunities to move generational families out of the welfare system, with overall improved outcomes for Maori Whanau. NZ First – as we all know you can never count out NZ first and its charismatic leader Winston Peters who has a habit of being the kingmaker. As their slogan says they are looking to take NZ back so we will have to wait and see what that would mean if they are in a position to influence a future government. While elections can inject uncertainty into the business environment, we continue to believe New Zealand’s longterm economic fundamentals are strong. With both National and Labour being largely centrist, the democratic process and MMP means change can be slow. While there may be some short-term uncertainty and cautious hiring practices could prevail, it will not be long until the business community gains confidence in the stability of new policies. With the election set for October, this may well bring a period of transition and potential growth in the employment market. While short-term effects may be seen in government-driven job creation and sector-specific adjustments, long-term impacts are likely to revolve around skills development, wage dynamics, and the nation’s global economic positioning. The coming years will determine how successfully the policies translate into real opportunities for New Zealand’s workforce, while navigating challenges brought about by global economic shifts and evolving societal expectations.
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September 2023 - Bay of Plenty Business News

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