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  Reply # 586345 24-Feb-2012 16:41 Send private message

But... Being the truth is not a simple defence. There's the need to prove the intention was not to defame, and no other underlying "entendre" can be surmised from the article/comment/post.




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  Reply # 586350 24-Feb-2012 16:49 Send private message

freitasm: But... Being the truth is not a simple defence. There's the need to prove the intention was not to defame, and no other underlying "entendre" can be surmised from the article/comment/post.



That's quite tough - the intention is to inform the masses, but a by-product of that is defamation.  Ouch.

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  Reply # 586359 24-Feb-2012 17:05 Send private message

So, if you said: 

'I used Company X to do some work for me, I found that work unsatisfactory'

This is Honest Opinion and therefore OK?

Is this the 'defense' for negative post on PriceSpy, and here? 




Didn't anybody tell you I was a hacker?

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  Reply # 586369 24-Feb-2012 17:14

mattwnz:
Where does it say there needs to be a minimum sized gap under the NZ building code? I know in the building code there has to be a 20mm minimum on membrane skillon roofs, but not sure on metal ones. Usually there is at least 200mm depth in a skillion roof, which is enough for installation and an air gap above. You can also vent the roof space..
Does your council have additional regulations on top of the normal building code?


NZS4246:2006 "Installing Insulation in Residential Buildings" requires 25mm minimum clearance.



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  Reply # 586372 24-Feb-2012 17:26 Send private message

Bung: NZS4246:2006 "Installing Insulation in Residential Buildings" requires 25mm minimum clearance.


Thanks for clarifying this - I could not find it. If you search for the phrase you gave above several sites confirm this.

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  Reply # 586374 24-Feb-2012 17:29 Send private message

Bung:
mattwnz:
Where does it say there needs to be a minimum sized gap under the NZ building code? I know in the building code there has to be a 20mm minimum on membrane skillon roofs, but not sure on metal ones. Usually there is at least 200mm depth in a skillion roof, which is enough for installation and an air gap above. You can also vent the roof space..
Does your council have additional regulations on top of the normal building code?


NZS4246:2006 "Installing Insulation in Residential Buildings" requires 25mm minimum clearance.


That is an NZ standard, not the NZ building code. In practical applications , you don't tend to have any clearance in the walls.
Unfortunately the NZ standards are not freely available, they can cost a lot to buy. I think they should be freely available like the NZ building code now is. Not really sure why the NZ standards and the building code are not part of the same thing.

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  Reply # 586490 24-Feb-2012 22:41 Send private message

freitasm: Defamation laws in New Zealand are quite strict... Even if what you say is true, you can still be taken to court.



Never new that.  How can  you defame someone by speaking the truth?

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  Reply # 586496 24-Feb-2012 22:51 Send private message

geek4me: Re-roofing work with installation of new batts. No air-flow gap was left between the batts and the new colour steel roof building paper. The roof has to be lifted and the batts removed to meet council requirements. The house has a chapel ceiling with limited space for the batts which were placed on some existing Insul-fluf. This was picked up during a building inspection.


A year ago?  Amazing.  Around the same time, I did my own insulation install in our lounge (rest of the house was done by installers, but our lounge was also a cathedral ceiling so that meant lifting the roof...)

Anyway I'm no expert on it, but even I knew after 10 minutes of research to have an air gap for breathing its mentioned everywhere but particularly on the energywise site so I'm surprised anyone in the industry wouldn't know.


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  Reply # 586528 25-Feb-2012 06:35 Send private message

Regarding the initial posting of your 5 Year Guarantee.
Have you considered contacting the "Fair Go" team? Not so much as to remedy the problem, but to
gleam information in case other people are affected.
Then there are the "trademe" discussion boards and if you are a member, information on the subject may
be gleamed from there.
Often when the terms "lawyers and defamation" are used it is to intimidate the seeker of justice. Get your facts right, get information and try and ascertain if others are in a position like you.
Someone may be prepared to sue or pay you to keep their good name.
Unless you are wealthy, fear not to tread where wise fools have once trod and avoid all contact
with Lawyers. Good luck! *viva the revolution*



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  Reply # 586532 25-Feb-2012 08:09 Send private message

rphenix: Anyway I'm no expert on it, but even I knew after 10 minutes of research to have an air gap for breathing its mentioned everywhere but particularly on the energywise site so I'm surprised anyone in the industry wouldn't know.


That's the very reason I wanted to name and shame the now Struck Off contractor who contracted to a now liquidated company - they should have known better but chose to take the money for installing the batts rather than telling me there was no room and return the batts for a refund from their supplier.



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  Reply # 586534 25-Feb-2012 08:13 Send private message

tedzart: Regarding the initial posting of your 5 Year Guarantee.
Have you considered contacting the "Fair Go" team? Not so much as to remedy the problem, but to
gleam information in case other people are affected.


I think if the company and contractor were still in business I would go to Fair Go. I can't recall a case where they chased after a company in liquidation even though the contractor I have been told continues to do similar work.

gzt

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  Reply # 586557 25-Feb-2012 09:51 Send private message

geek4me: I think if the company and contractor were still in business I would go to Fair Go. I can't recall a case where they chased after a company in liquidation even though the contractor I have been told continues to do similar work.

I can recall Fair Go investigating more than one case where they followed a person through a trail of liquidated companies.

It is not uncommon, but they would usually be following the people in charge.

If it turns out the owners of the company were offering a 5 year guarantee and liquidating fundamentally the same business repeatedly to avoid responsibility, that would be interesting.

I expect they get a number of calls about insulation scheme installation, and it would be worth letting them know of your case because the people involved might be on the list already and that builds the story.



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  Reply # 586713 25-Feb-2012 17:09 Send private message

Have just now submitted my story on-line to Fair Go. Thanks for encouraging me to do so. Will let you know what response I receive from them.

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  Reply # 586761 25-Feb-2012 19:02 Send private message

Good onya mate! Power to the people! Fair Go would be in a good position to ascertain if you have a case or are "news worthy" :]

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  Reply # 587222 27-Feb-2012 09:50

mattwnz:
Bung:
mattwnz:
Where does it say there needs to be a minimum sized gap under the NZ building code? I know in the building code there has to be a 20mm minimum on membrane skillon roofs, but not sure on metal ones. Usually there is at least 200mm depth in a skillion roof, which is enough for installation and an air gap above. You can also vent the roof space..
Does your council have additional regulations on top of the normal building code?


NZS4246:2006 "Installing Insulation in Residential Buildings" requires 25mm minimum clearance.


That is an NZ standard, not the NZ building code. In practical applications , you don't tend to have any clearance in the walls.
Unfortunately the NZ standards are not freely available, they can cost a lot to buy. I think they should be freely available like the NZ building code now is. Not really sure why the NZ standards and the building code are not part of the same thing.


I was quoting the clearance for skillion or low slope roof.

NZS4246 is referred to in the Building Code H1 "to ensure that insulation is installed correctly and will
perform as intended." There is a PDF read only copy available on the Energywise site.

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