The purposes of this Act are—

In this Act, unless the context otherwise requires,—

In this Act, unless the context otherwise requires, gasfitting means—

Despite subsection (1), gasfitting does not include—

In this section, point of supply, in relation to any place or in any circumstances, means the point of supply of that place or in those circumstances as prescribed by regulations made under the Gas Act 1992.

However, until the first regulation referred to in subsection (3) is made under the Gas Act 1992, point of supply means,—

For the purposes of this section, any term or expression that is defined in the Gas Act 1992 or in regulations made under that Act and used in this section, but not defined in this Act, has the same meaning as in the Gas Act 1992 or those regulations.

In this Act, unless the context otherwise requires, sanitary plumbing means—

Despite subsection (1), sanitary plumbing does not include—

Despite subsection (1), sanitary plumbing does not include the work of fixing or unfixing any pipe in any premises (other than a building) if—

This Act binds the Crown.

A person must not do any sanitary plumbing, or assist in doing any sanitary plumbing, unless that person is authorised to do so under this section.

The following persons may do sanitary plumbing, or assist in doing sanitary plumbing, within the limits prescribed in regulations (if any):

A person does not do any sanitary plumbing, or assist in doing any sanitary plumbing, in breach of this section if that work is done in accordance with sections 12 to 27.

Subsection (1) is subject to subsection (3) and sections 11 to 27.

A person must not do any gasfitting, or assist in doing any gasfitting, unless that person is authorised to do so under this section.

The following persons may do gasfitting, or assist in doing gasfitting, within the limits prescribed in regulations (if any):

A person does not do any gasfitting, or assist in doing any gasfitting, in breach of this section if that work is done in accordance with sections 12 to 27.

Subsection (1) is subject to subsection (3) and sections 11 to 27.

A person must not do any drainlaying, or assist in doing any drainlaying, unless that person is authorised to do so under this section.

The following persons may do drainlaying, or assist in doing drainlaying, within the limits prescribed in regulations (if any):

A person does not do any drainlaying, or assist in doing any drainlaying, in breach of this section if that work is done in accordance with sections 12 to 27.

Subsection (1) is subject to subsection (3) and sections 11 to 27.

A body corporate that is responsible for any sanitary plumbing, gasfitting, or drainlaying does not do that work, or assist in doing that work, in breach of sections 8 to 10 if the natural person or natural persons who actually do, or assist in doing, that work are authorised to do so under this Act.

The Board may, if it thinks fit, exempt any person or class of persons from compliance with any of sections 8 to 10 generally or in relation to a particular type of sanitary plumbing, gasfitting, or drainlaying.

The Board may grant the exemption subject to any terms and conditions that it thinks fit.

A person may do any sanitary plumbing, gasfitting, or drainlaying, or assist in doing any sanitary plumbing, gasfitting, or drainlaying, under an exemption granted under subsection (1) if—

An exemption under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A person may do, or assist in doing, any sanitary plumbing, gasfitting, or drainlaying if—

In this section, trainee—

This section does not prevent a trainee from doing, or assisting in doing, work under any of sections 19, 21, or 25 (which allow work to be done under supervision).

The Board may, on payment of the prescribed fee (if any), issue to any person a limited certificate for the purposes of section 13.

The Board may issue the limited certificate subject to any terms and conditions that the Board thinks fit.

The Board may, by written notice to a person, revoke, amend, or add to any term or condition imposed in relation to that person’s certificate.

A limited certificate issued under this section, unless it is sooner cancelled, is in force for the period, not exceeding 5 years, specified in the certificate, but it may from time to time be renewed for a further term not exceeding 5 years.

The Board may, if it thinks fit, refuse to renew any limited certificate.

A limited certificate issued under this section may be cancelled by the Board—

The owner of any premises situated in a place to which this subsection applies and occupied, or intended to be occupied, by that person as a residence for that person, or for that person and members of that person’s family, may do any sanitary plumbing in those premises.

The sanitary plumbing done under subsection (1) may be done—

For the purposes of subsection (1), owner, in relation to any premises, means the person who (whether alone or as a joint tenant or tenant in common) would for the time being be entitled to receive the rack rent of the premises on his or her own account if the premises were let to a tenant at a rack rent.

Subsection (1) applies in the places that the Minister determines after consultation with the appropriate local authority.

Subsection (1) applies despite any bylaw that requires sanitary plumbing to be done only by specified persons or classes of persons.

Neither subsection (1) nor section 17 prohibits any person from completing any sanitary plumbing that the person has lawfully commenced.

A determination under subsection (4)—

The Minister may, by notice, designate any area, other than an area that forms part of a city, a borough, or a town district, as an area where sanitary plumbing may be done by any person.

A person may do any sanitary plumbing in any area in respect of which a notice given under subsection (1) is in force.

The Minister must consult with the appropriate local authority before he or she—

A person is not prevented from completing any sanitary plumbing that he or she has lawfully commenced by—

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If the whole or any part of the district of any local authority in which section 15(1) or 16(1) is in force is included within the district of any other local authority, that subsection, or those subsections, ceases or cease to apply to the district or part of the district so included unless—

If the whole or any part of the district of a local authority is included within the district of any other local authority to which section 15(1) or 16(1) is in force then, unless the Order in Council under section 25A of the Local Government Act 2002 otherwise provides, that subsection, or those subsections, comes or come into force in the district or part of the district so included on the date on which the relevant reorganisation implementation scheme becomes operative.

A person who satisfies the Board, whether by examination or otherwise, that the person is competent to install and maintain particular sanitary plumbing equipment or sanitary plumbing equipment of a particular kind may do the following work or have the work done by some other person acting under the person’s supervision:

A person may do, or assist in doing, any sanitary plumbing if—

The Board may authorise a person to do any or all of the matters set out in subsection (2) if the Board is satisfied that the person (whether by examination or otherwise) is—

For the purposes of subsection (1), the matters are—

The Board may place time limits on the authorisation, impose any other reasonable conditions on the authorisation, and revoke the authorisation if those conditions are not complied with.

A person may do, or assist in doing, any gasfitting if—

A person may do, or assist in doing, gasfitting on industrial premises that have a design capacity for energy consumption by gas installations of more than 60 000 megajoules per hour if the person in charge of the industrial plant on those premises maintains at all times a system of operation that is sufficient to ensure that persons who do, or assist in doing, gasfitting on those premises—

A person may fix or unfix any pipe conveying, or intended to convey, gas if—

A person may do, or assist in doing, the work described in subsection (2) if—

The work that may be done under this section is the fixing or unfixing of—

A person may do, or assist in doing, any drainlaying if—

The Board may, by notice in writing to a person, cancel the application of any exemption under sections 13 to 25 to the person from a date specified in the notice.

The exemption referred to in the notice under subsection (1) ceases to apply to the person from the date specified in the notice.

The Board may not cancel the application of an exemption under subsection (1) unless it has first—

Work done under sections 13 to 25 must be done within the limits prescribed by regulations (if any).

An exemption under sections 13 to 25 does not apply if subsection (1) is not complied with.

The Board may, by notice,—

The notice may describe the classes of registration in any way the Board thinks fit, including in 1 or more of the following ways:

In specifying the work that may be carried out by registered persons who hold current practising licences, the Board may impose limitations on the circumstances in which a registered person may do, or assist in doing, that work.

For the purposes of this section and sections 29 to 35 and 142 to 145, Board means the Plumbers, Gasfitters, and Drainlayers Board (whether constituted under the former Act or continued under Part 4).

The Board must, as soon as practicable after the commencement of this section, consider whether it should designate, in relation to each of the following types of registration under the former Act, 1 or more classes of registration under section 28 that, with or without modification, replace, or correspond to, that type of registration:

The Board must consult with the following persons in relation to the matter specified in subsection (1):

This section does not limit sections 28 and 30 to 35.

The Board may, by notice,—

The terms and conditions referred to in subsection (1)(c) may include, for example,—

The Board may make arrangements with the appropriate authorities controlling the registration, licensing, or recognition of sanitary plumbers, gasfitters, or drainlayers outside New Zealand for the reciprocal recognition of registration, licences, certificates, or other evidence of proficiency in sanitary plumbing, gasfitting, or drainlaying.

A notice under section 30 may prescribe minimum standards for registration in any way the Board thinks fit, including in 1 or more of the following ways:

However, the minimum standards for registration prescribed under section 30 may require a person to pass a specified examination or other assessment set by the Board only if the Board is satisfied that the person does not have a degree, diploma, or certificate of a stated kind recognised by the Board under subsection (1)(a).

In prescribing matters under sections 28 and 30, the Board must be guided by the following principles:

Before the Board makes a notice under section 28 or 30(1)(a) to (e), the Board must have consulted about its proposal for the contents of the notice—

A failure to comply with subsection (1) does not affect the validity of any notice made under section 28 or 30(1)(a) to (e).

The Board must, before making a notice under section 28 or 30, submit the proposed notice for the approval of the Minister.

The Minister must, as soon as practicable after receiving a proposed notice under subsection (1), by written notice to the Board,—

If the Minister declines to approve a proposed notice,—

A proposed notice may be made under section 28 or 30 after it is approved by the Minister.

A notice under section 28 or 30 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

An individual is entitled to be registered under this subpart if the individual satisfies the Board—

An application for registration under this subpart must—

The Registrar must refer any applications received by the Registrar under this section to the Board for consideration under section 40.

The Registrar may, on payment of the prescribed fee (if any), issue to any person a provisional licence to carry out any specified sanitary plumbing, gasfitting, or drainlaying.

The Registrar may issue the provisional licence subject to any terms and conditions that the Registrar thinks fit.

A provisional licence authorises the holder, while the licence is in force pending the consideration of his or her application for registration or a practising licence (or both) under this subpart, to do, or assist in doing, the work that is specified in the licence.

A provisional licence, unless it is sooner suspended or cancelled, is in force for the period, not exceeding 12 months, specified in the licence, but it may from time to time be renewed for a further period not exceeding 12 months.

The Registrar may, if he or she thinks fit, refuse to renew any provisional licence.

A provisional licence may be cancelled—

The Board must consider each application for registration under this subpart as soon as practicable after receiving it.

In considering an application for registration under this subpart, the Board must,—

If the Board is satisfied that the applicant is entitled, under section 36, to be registered under this subpart, the Board must direct the Registrar to—

If the Board is not satisfied that the applicant is entitled to be registered under this subpart, the Board must notify the applicant of—

As soon as practicable after receiving the Board’s direction under subsection (1), the Registrar must enter the details of the registration in the register.

The registration of a registered person is subject to—

The Board may, by written notice to a registered person, revoke, amend, or add to any term or condition imposed under subsection (1).

Subsection (1)(a) is subject to subsection (2) and section 52.

A registered person is not authorised to do, or assist in doing, sanitary plumbing, gasfitting, or drainlaying work that the person is otherwise authorised to do by virtue of that person’s registration unless that person is the holder of a current practising licence that authorises the person to do, or assist in doing, the work.

Subsection (1) is subject to sections 12 to 27.

Any authority given under a practising licence to a registered person to do, or assist in doing, any sanitary plumbing, gasfitting, or drainlaying work is sufficient authority for the person so authorised to do or, as the case may be, assist in doing that work.

Subsection (3) is subject to the terms and conditions imposed under section 48 and to any regulations.

A registered person is entitled to be issued with a practising licence under this subpart for a class of registration in respect of which that person is registered if the individual satisfies the Board—

An application for a practising licence under this subpart must—

The Registrar must refer any application received by the Registrar under this section to the Board for consideration under section 46.

The Board must consider each application for a practising licence under this subpart as soon as practicable after receiving it.

In considering an application for a practising licence under this subpart, the Board must,—

If the Board is satisfied that the applicant is entitled, under section 44, to be issued with a practising licence under this subpart, the Board must—

If the Board is not satisfied that the applicant is entitled to be issued with a practising licence under this subpart, the Board must notify the applicant of—

As soon as practicable after receiving the Board’s direction under subsection (1), the Registrar must enter the details of the practising licence in the register.

A practising licence issued to a registered person is subject to—

The terms and conditions may include, for example,—

The conditions referred to in subsection (2)(b) and (c) may be in addition to, or instead of, any other limits that would otherwise apply in respect of the class of registration concerned.

The Board may, by written notice to a registered person, revoke, amend, or add to any term or condition imposed under subsection (1).

Subsection (1)(a) is subject to subsection (4) and section 52.

A practising licence issued under this subpart must specify the date of its expiry.

The date of expiry must not be later than 5 years after the date of the issue or renewal of the practising licence.

A practising licence continues in force until the close of the date of its expiry unless sooner suspended or cancelled under this Act.

An application for the renewal of a practising licence under this subpart—

The Registrar must refer any application received by the Registrar under this section to the Board for consideration under section 51.

If an application for the renewal of a practising licence is made before the licence’s date of expiry but the licence has not been renewed before that date, the licence continues in force until the application is determined.

A registered person is entitled to a renewal of his or her practising licence if the Board is satisfied that—

If the Board is satisfied that the registered person is entitled to a renewal of his or her practising licence, the Board must direct the Registrar to—

If the Board is not satisfied that the registered person is entitled to a renewal of his or her practising licence, the Board must notify the person of—

For the purposes of subsection (1)(c), the Board may, if it thinks fit, disregard a breach of a term or condition of the practising licence.

The Board may require a registered person to complete a competence programme before it renews that person’s practising licence (regardless of whether or not the Board is satisfied of the matters referred to in subsection (1)(a) to (d)) if the person is required to complete a competence programme when applying for a renewal of the licence in accordance with a condition or requirement imposed by a notice published under section 30.

Despite subsection (1), if any fee or other money payable to the Board under this Act by the registered person has not been paid, the Board may refuse to renew that person’s practising licence until that fee or other money is paid.

The Board may,—

The Board may grant an exemption subject to any terms and conditions that it thinks fit.

A notice under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Board may, at any time, review the competence of a registered person to do, or assist in doing, sanitary plumbing, gasfitting, or drainlaying work, whether or not there is reason to believe that the person’s competence may be deficient.

In conducting a review under subsection (1), the Board must consider the following matters:

The form of a review under section 53 is at the Board’s discretion.

However, in conducting the review, the Board must give the person concerned—

If, after conducting a review under section 53, the Board has reason to believe that the competence of a registered person is deficient, the Board may make either or both of the following orders:

The Registrar must ensure that, within 5 working days of the making of an order under subsection (3), a copy of the order is given to the person concerned.

An order made under subsection (3) takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later.

For the purpose of examining or improving the competence of persons who do, or assist in doing, sanitary plumbing, gasfitting, or drainlaying work, the Board may set or recognise competence programmes in respect of persons who—

Any competence programme may be made to apply generally in respect of all of those persons, or in respect of a specified person, or in respect of any specified class of those persons.

However, a registered person may be required by the Board to complete a competence programme only if 1 or more of the following applies:

Any competence programme may require a person to do 1 or more of the following, within the period, or at the intervals, prescribed in the programme:

The Board may specify a period within which the person to whom a competence programme applies must comply with the requirements of the programme.

The Board may exempt any person or class of persons from all or any of the requirements of a competence programme.

The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless they apply only to 1 or more named persons:

If any person who is required to complete a competence programme does not satisfy the requirements of the programme, the Board may make 1 or more of the following orders:

The Board may not suspend a licence under subsection (1) unless it has first—

The Registrar must ensure that a copy of the order made under subsection (1) is given to the person concerned.

An order made under subsection (1) takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later.

Any order made under subsection (1)(a) or (b) remains in effect until the time that the person concerned has satisfied all the requirements of the competence programme, and for that purpose the Board may extend the period within which the person is required to satisfy those requirements.

The Board may cancel a person’s registration, practising licence, or provisional licence—

If a person’s registration is cancelled, the practising licence held by the person for the class of registration concerned (if any) is also cancelled.

The Board may suspend—

The cancellation or suspension of the registration, practising licence, or provisional licence of a person under this Act does not affect that person’s liability for any act or default occurring before the cancellation or suspension.

If a person is registered under this Part in respect of more than 1 class of registration, the Board may exercise its powers to cancel or suspend registration or a practising licence under this Act in respect of each of those classes or 1 or more of those classes as the Board thinks fit.

If a person’s registration is suspended,—

If a person’s practising licence is suspended, the person—

If a person’s provisional licence is suspended, the person—

At the end of the period of suspension, the person’s registration, practising licence, or provisional licence is immediately revived (unless there is some other ground to suspend or cancel the registration or licence).

Subsections (1) and (2) do not prevent the Registrar from including information in the register in relation to the person under section 74(1).

Subsection (3) does not prevent the Registrar from including information in the register in relation to the person under section 74(2).

The Board may order the cancellation of a person’s registration, practising licence, or provisional licence if it is satisfied that he or she—

The Board may not act under subsection (1) unless it has first—

The Registrar must ensure that a copy of the order made under this section is given to the person concerned.

An order made under this section takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later.

The Board may review the registration, practising licence, or provisional licence of a person who was registered or issued with the licence by virtue of an overseas qualification, certificate, registration, or licence if satisfied that—

The form of a review under this section is at the Board’s discretion.

However, in conducting the review, the Board must give the person concerned—

After the review, the Board may, if it thinks fit,—

The Registrar must ensure that a copy of the order made under subsection (4) is given to the person concerned.

An order made under subsection (4) takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later.

The Board may delegate any of the functions or powers of the Board under this subpart, either generally or specifically, to the Electrical Workers Registration Board.

The Electrical Workers Registration Board may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the Electrical Workers Registration Board were the Board.

If the Electrical Workers Registration Board purports to perform a function or exercise a power under a delegation, the Electrical Workers Registration Board—

The Electrical Workers Registration Board must—

No delegation under this section—

A person is, on application in the prescribed form (if any) and on payment of the prescribed fee (if any), entitled to be issued with an employer licence by the Board if the person satisfies the Board that the person will at all times maintain a system of operation—

A person must be treated as maintaining a system of operation described in subsection (1)(a) and (b) if an approved person, in the prescribed manner, certifies that the system of operation complies with those provisions, and issues a certificate to that effect in the prescribed form.

A certification under subsection (2) ceases to have effect if—

However, a person is not entitled to be issued with an employer licence if the person is precluded from holding an employer licence because of any action taken by the Board under section 66.

The Board may impose in respect of any employer licence issued under this section any terms and conditions that the Board thinks fit (for example, by restricting the types of gasfitting that may otherwise be done under the licence).

For the purposes of this section, approved person means—

An employer licence authorises the licence holder to authorise any employee of that person to do or assist in doing any gasfitting.

Any authority given under an employer licence to any person to do or assist in doing any gasfitting is sufficient authority for the person so authorised to do or, as the case may be, assist in doing that work.

This section is subject to the terms and conditions imposed under section 62 and to any regulations.

An employer licence, unless it is sooner cancelled or suspended, is in force for the period (not exceeding 5 years) that is specified in the licence, and comes into force on the date of its issue.

Every employer licence, unless it has been cancelled, may from time to time be renewed in accordance with this section.

An application for the renewal of an employer licence must—

The Registrar must refer any application received by the Registrar under subsection (2) to the Board for consideration under this section.

On receiving an application under subsection (3), the Board may renew the employer licence to which the application relates for the period (not exceeding 5 years) that the Board thinks fit.

However, the Board must not renew an employer licence unless the Board is satisfied that the applicant meets all the requirements for the issue of an employer licence.

If an application for the renewal of an employer licence has been made but not dealt with before the licence expires, the licence continues in force until the application is dealt with by the Board, and any renewal in that case must take effect from the date on which the licence would (but for the renewal) have expired.

The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in subsection (2) in relation to an employer licence if it is satisfied that the employer licence holder—

In any case to which subsection (1) applies, the Board may—

The Board may take only one type of action in subsection (2) in relation to a case, except that it may impose a fine under subsection (2)(d) in addition to taking the action under subsection (2)(b), (c), or (e).

No fine may be imposed under subsection (2)(d) in relation to an act or omission that constitutes an—

The Board may take an action under this section whether or not the person is still an employer licence holder.

The Board must not take any of the actions referred to in section 66 unless it has first—

Every fine imposed under section 66 is recoverable in any court of competent jurisdiction as a debt due to the Board.

An order under section 66 takes effect on the day of the making of the order; but that fact does not make any person concerned liable to prosecution or disciplinary proceedings for any act done or omitted during any part of that day before the order was made.

If a person’s employer licence is suspended, the person is not authorised under section 63 for the period for which the licence is suspended.

At the end of a period of suspension, the person’s employer licence is immediately revived (unless there is some other ground to suspend or cancel that person’s employer licence).

Every employer licence is subject to a condition that—

If the employer licence holder breaches a condition expressed in subsection (1), the Board may act under section 66.

A person must give reasonable notice of that person’s intention to enter any premises under subsection (1)(a) to the employer licence holder, unless the giving of the notice would defeat the purpose of the entry.

Every person must, on entering any premises under subsection (1)(a), and when requested at any subsequent time, produce—

The following are authorised purposes for the purposes of this section:

Nothing in this section authorises any person to enter or search any restricted area within a defence area (within the meaning of the Defence Act 1990) unless the person entering that area has a security clearance approved by the person in charge of the area.

The Board must establish and maintain, in accordance with this Part, a register of plumbers, gasfitters, and drainlayers.

The register must be kept by the Registrar.

The Registrar must—

The purpose of the register is—

This section is subject to section 83 (which allows the Registrar to restrict public access to certain information or documentation in certain circumstances).

The register may be kept—

The Registrar may keep the register in separate parts.

The register must be operated at all times unless—

The Registrar may refuse access to the register or otherwise suspend the operation of the register, in whole or in part, if the Registrar considers that it is not practical to provide access to the register.

The register must contain all of the following information, to the extent that the information is relevant, for each registered person:

The register must contain all of the following information, to the extent that the information is relevant, for each provisional licence holder and each employer licence holder:

The register must contain—

The register may contain any other information or documentation that the Registrar considers necessary or desirable for the purposes of the register.

For the purposes of this section, disciplinary matter means an inquiry into, or complaint about, the conduct of a person, or a decision on that inquiry or complaint.

This section applies to all of the information and documentation contained in the registers that were kept under section 20 of the former Act (as in force immediately before its repeal).

The information and documentation that this section applies to must be maintained as part of the register.

The inclusion of that information and documentation as part of the register—

If a practising licence holder, a provisional licence holder, or an employer licence holder changes that person’s street address that is recorded in the register, that person must, within 3 months after the change, notify the Registrar of that person’s new street address.

The Registrar must enter the new address in the register.

Every person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $500.

If a practising licence holder, a provisional licence holder, or an employer licence holder changes that person’s name, that person must, within 1 month after the change, notify the Registrar of the person’s new name.

If the Registrar is satisfied that a registered person, a provisional licence holder, or an employer licence holder has changed that person’s name, or that it is wrongly entered in the register, the Registrar must correct the entry in the register relating to that person.

Every person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $500.

The Registrar may at any time, and must if the Board directs, ask whether—

The Registrar must ask by letter addressed to the registered person, provisional licence holder, or employer licence holder at that person’s last known street address.

If the registered person tells the Registrar in writing that the person wishes to have the person’s registration or practising licence cancelled, the Board may order that the registration or practising licence be cancelled.

If the provisional licence holder or employer licence holder tells the Registrar in writing that the person wishes to have the person’s licence cancelled, the Board may order that the licence be cancelled.

If the Registrar does not receive a reply to the letter within 3 months after it was posted, or if the letter is returned to the Registrar undelivered, the Registrar may give the registered person or provisional licence holder or employer licence holder notice in writing at that person’s last known street address that the registration or practising licence (or both) of the registered person, or the licence of the provisional licence holder or employer licence holder, may be cancelled if that person does not respond within 20 working days after the date of the notice.

If the Registrar does not receive a reply within 20 working days after the date of the notice, the Board may order that—

This section applies to a person if the person’s registration or licence has been cancelled under section 57(1)(b) or 78.

On the written application of a person to whom this section applies, the Registrar must restore the entry in the register relating to the person’s registration or licence unless—

The Board may direct the Registrar to enter in the register information relating to—

The Registrar may make any amendments to the register that are necessary to—

The register must be open for public inspection during ordinary office hours at the place where it is kept.

The Registrar must, on payment of the prescribed fee (if any), supply—

The fee charged under subsection (2)(a) must be not more than the fee that may be charged by a department of State for providing information under the Official Information Act 1982.

Despite section 82, the Registrar—

For the purposes of subsection (1)(b), the Board may direct the Registrar to restrict public access to any information or documents referred to in that paragraph if, in the opinion of the Board, it is not necessary, or it is not desirable, for the information or documents to be publicly available.

A person may search the register in accordance with this Act or the regulations.

The register may be searched only by reference to criteria to be specified in the regulations.

A search of the register may be carried out only for a purpose referred to in section 72.

A search of the register for personal information that has not been carried out in accordance with sections 84 to 86 constitutes an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

This subpart applies to the following persons:

For the purposes of this subpart, a person to whom this subpart applies is guilty of a disciplinary offence if that person is found, in any proceedings under this subpart, or in any appeal under Part 4,—

Any person (including any person in the service of the Crown acting in his or her official capacity) may complain to the Board about the conduct of a person to whom this subpart applies by making the complaint in the prescribed manner to the Registrar.

However, a complaint may not be made under subsection (1) by the Board, a member of the Board, or the Registrar.

The Registrar must, as soon as practicable after receiving a complaint,—

However, if the Registrar is satisfied that the complaint is frivolous or vexatious,—

The Registrar must, as soon as practicable after receiving a complaint, appoint an investigator to investigate the complaint unless the Registrar acts under section 90(4).

The person appointed as the investigator must not be a member of the Board or the person who made the complaint.

No person who is employed by a local authority may be appointed to be an investigator without the prior consent of that authority.

The investigator may require that a complaint be supported by any statutory declaration that the investigator thinks fit.

The investigator must—

The investigator may recommend that the Board make an order under section 102 in respect of the person complained against pending the determination of disciplinary proceedings against that person.

Before the investigator makes a determination that the complaint should be considered by the Board, the investigator or the Registrar—

The Registrar must send a copy of the investigator’s report under subsection (2) to the person complained against and to the complainant.

An investigator, for the purpose of investigating a complaint,—

Subsection (1)(a) applies in respect of dwellinghouses subject to section 96.

Every person who is required to supply information or documents to an investigator has the same privileges in relation to the supply of the information or documents as witnesses have in any court.

The Registrar must supply to an investigator who intends to act under section 93(1)(a) a written warrant of authority that contains—

A person who does not have a warrant supplied under this section must not represent himself or herself to be the holder of a warrant supplied under this section.

Every person commits an offence and is liable on conviction to a fine not exceeding $10,000 who—

An investigator supplied with a warrant of authority under section 94—

Despite section 93, an investigator may not enter a dwellinghouse without—

A District Court Judge, on the written application of the investigator, may, by warrant, authorise the investigator to enter a dwellinghouse.

The District Court Judge may authorise the investigator to enter a dwellinghouse under subsection (2)—

An investigator must,—

Any notice given by an investigator under section 93(1)(b) is sufficiently given if—

No person may,—

Every person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000 in the case of an individual, or $50,000 in the case of a body corporate.

If the investigator reports that a complaint should be considered by the Board, the Board must hold a hearing to determine whether it should exercise its disciplinary powers under section 106.

If the investigator reports that a complaint should not be considered by the Board, the Registrar must inform the complainant and the person complained against of that determination.

If the Board is required to hold a hearing in respect of any person, the chairperson must serve on the person concerned a notice—

The notice may require the person to whom the notice is addressed to notify the Board in writing, not later than 10 working days after the date of service of the notice, whether the person intends to appear before the Board at the hearing of the matter.

If the person fails to notify that person’s intention under subsection (2), that person is entitled to appear and be heard at the hearing of the matter only on the conditions as to payment of costs and expenses or otherwise that the Board thinks fit.

Despite subsection (1)(c), the Board may hear the matter earlier than 20 working days after the date of service of the notice if the person concerned agrees.

The Board may make an order under subsection (2)—

An order under this subsection is either—

An order under subsection (2) continues in force until—

The Board may make an order under subsection (2) on the recommendation of the investigator or on its own motion.

Despite section 112, the Board is not required to give any notice to a person that it intends to make an order under subsection (2) in respect of that person.

Every order made under section 102 must—

A copy of an order made under section 102 must be served by the Registrar on the person in respect of whom it is made.

A person in respect of whom an order is made under section 102 may apply to the Board for the revocation of the order.

An application under subsection (1) must be heard within 5 working days after it is received by the Board.

The Board may grant or refuse the application as it thinks fit.

The Board may, on its own motion, revoke an order made under section 102.

If the Board has made an order under section 102 in relation to a person, the Board must take reasonable steps to hold a hearing as soon as practicable after the making of that order.

Subsection (1) does not apply after the order made under section 102 is no longer in force.

This section is subject to section 101.

If the Board, after conducting a hearing, is satisfied that a person to whom this subpart applies is guilty of a disciplinary offence, the Board may—

The things that the person can be required to do for the purposes of subsection (1)(b), (d), and (e) are to—

The Board may take only one type of action in subsection (1) in relation to a case, except that it may impose a fine under subsection (1)(f) in addition to taking the action under subsection (1)(b), (c), (e), or (g).

No fine may be imposed under subsection (1)(f) in relation to an act or omission that constitutes—

The Board must not exercise any authority conferred by this section in respect of any offence committed by any person before the date of that person’s registration or, as the case may be, the date on which that person’s provisional licence was issued if at that date the Board was aware of that person’s conviction in respect of that offence.

If a person is registered under Part 2 in respect of more than 1 class of registration, the Board may exercise its powers under subsection (1)(a) to (e) in respect of each of those classes or 1 or more of those classes as the Board thinks fit.

In any case to which section 106 applies, the Board may order the person concerned to pay to the Board any sum that it considers just and reasonable towards the costs and expenses of, and incidental to,—

Every fine imposed under section 106, and any sum payable to the Board under section 107, is recoverable in any court of competent jurisdiction as a debt due to the Board.

The Board may order that an order under section 102 or 106(1)(b) to (d) take effect on the day of the making of the order.

If an order under section 102 or 106(1)(b) to (d) takes effect on the day of the making of the order, that fact does not make the person concerned liable to prosecution or disciplinary proceedings for any act done or omitted during any part of that day before the order was made.

A person is not authorised to do, or assist in doing, sanitary plumbing, gasfitting, or drainlaying for the period for which the person is disqualified from doing or assisting in doing that work.

At the end of the period of disqualification, the person’s authorisation is immediately revived (unless there is some other ground to disqualify the person from doing, or assisting in doing, sanitary plumbing, gasfitting, or drainlaying or the person’s authorisation has otherwise ended).

If the Board makes an order under section 106(1)(e) and the person concerned fails to comply with the order, the Board may make either or both of the following orders:

The Board may not suspend registration or a licence under subsection (1) unless it has first—

The Registrar must ensure that a copy of the order made under subsection (1) is given to the person concerned.

An order made under subsection (1) takes effect from the day on which a copy of the order is given to the person concerned or from any date that is specified in the order, whichever is the later.

Any order made under subsection (1) remains in effect until the time that the person concerned has complied with the order under section 106(1)(e), and for that purpose the Board may extend the period within which the person is required to comply with the order.

In carrying out its functions and duties under this subpart, the Board must observe the rules of natural justice.

Without limiting subsection (1), at a hearing held by the Board under this subpart, the person to whom the hearing relates is entitled to appear and be heard, either personally or by the person’s representative.

Except as provided in this section, every meeting of the Board under this subpart must be in public.

The Board may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.

If the Board is of the opinion that it is proper to do so, having regard to the interests of any person and to the public interest, it may, on its own motion or on the application of any party to the proceedings,—

Every application to the Board under subsection (3) must be heard in private, but the other parties to the proceedings are entitled to be present and to make submissions with regard to the application.

If a hearing of the Board is held in private, the Board may allow any particular person to attend the private hearing if it is satisfied that the person has a special and proper interest in the matter to be heard.

Unless reversed or modified in respect of its currency by a court on an appeal, an order made under subsection (3)(b) to (d) continues in force until the time that is specified in the order, or, if no time is specified, until the Board, in its discretion, revokes it on the application of any party to the proceedings in which the order was made.

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who, without lawful excuse, breaches any order made by the Board under subsection (3)(b) to (d).

If the investigator reports that in the investigator’s opinion a complaint should be considered by the Board, the matter must be prosecuted by the investigator at the hearing held by the Board under this subpart (unless the Board orders otherwise).

The investigator may be represented by counsel or otherwise.

For the purposes of advising the Board on questions of law and procedure arising in proceedings under this subpart, the Board may appoint an advisor who is a barrister or solicitor to attend the proceedings.

The Board must pay to the advisor, by way of remuneration and expenses for his or her services for the proceedings, the sum that is agreed upon between the advisor and the Board.

For the purposes of assisting the investigator in the performance of the investigator’s functions under this subpart, the Registrar may appoint any person (the appointed person) to assist the investigator.

The Board must pay to the appointed person, by way of remuneration and expenses for his or her services, the sum that is agreed upon between the appointed person and the Registrar.

The investigator may delegate any of the functions or powers of the investigator, either generally or specifically, to the appointed person.

The appointed person may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the appointed person were the investigator.

If the appointed person purports to perform a function or exercise a power under a delegation, the appointed person—

No delegation under this section—

In all proceedings under this subpart, the Board may, subject to section 112, receive as evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matter before it, whether or not it would be admissible as evidence in a court of law.

The Board has, for the purposes of any hearing under this subpart, the same powers as are conferred on commissions of inquiry by sections 4 and 4B to 9 of the Commissions of Inquiry Act 1908.

Sections 4 and 4B to 9 of the Commissions of Inquiry Act 1908 apply to all persons involved in any capacity in any hearing held by the Board under this subpart as if it were an inquiry conducted by a commission of inquiry under that Act.

Every order of the Board under section 106 must—

A copy of every order of the Board under section 106 must be served by the Registrar on the person in respect of whom it is made, and takes effect—

The Registrar must ensure that a copy of any order made under section 106 is given, as soon as practicable, to—

The Registrar must, if the Board so directs, give a copy of any order made under section 106 to the owner and to the occupier of the premises to which the complaint relates.

This section applies if—

The Registrar must, if the Board in its discretion so directs, cause a notice stating the effect of the decision or order, the reasons for the decision or order, and (unless the Board directs otherwise) the name of the person in respect of whom the decision or order was made, to be published in the Gazette and any other publications as may be directed by the Board.