New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 April 2010
| Public Act | 2006 No 74 |
| Date of assent | 4 December 2006 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
The Act is administered by the Department of Building and Housing.
Part 1
Preliminary and key provisions
Subpart 1—Preliminary provisions
6 Meaning of sanitary plumbing
Restrictions on doing or assisting with sanitary plumbing, gasfitting, and drainlaying
8 Restrictions on doing or assisting with sanitary plumbing
9 Restrictions on doing or assisting with gasfitting
10 Restrictions on doing or assisting with drainlaying
11 Body corporate does not breach restriction if work is actually done by authorised natural person
12 Board may exempt person or class of persons from sections 8 to 10
14 Board may issue limited certificate for purposes of section 13
Specific sanitary plumbing exemptions
16 Exemption for sanitary plumbing in areas in rural districts
17 Provisions relating to alteration of boundaries of local authority districts
18 Exemption for installing and maintaining particular sanitary plumbing equipment
19 Exemption for sanitary plumbing under supervision
Specific gasfitting exemptions
20 Board may authorise person to carry out or supervise gasfitting
21 Exemption for gasfitting under supervision
22 Exemption for work on certain gas installations
23 Exemption for underground pipes conveying gas to premises
24 Exemption for fixing of water heaters by gasfitters
Specific drainlaying exemption
25 Exemption for drainlaying under supervision
Miscellaneous provisions concerning exemptions
26 Board may cancel application of exemption to any person
27 Work done under exemptions must be done in accordance with regulations
Part 2
Registration and licensing of plumbers, gasfitters, and drainlayers
Subpart 1—Plumber, gasfitter, and drainlayer registration and licensing
28 Classes of registration may be designated by Board
29 Board must consider designating classes of registration that replace or correspond to types of registration under former Act
30 Board may prescribe other registration and licensing matters
31 Minimum standards for registration
32 Principles guiding prescribing of registration and licensing matters
33 Board must consult before publishing notices
34 Notices published under sections 28 and 30 must be approved by Minister
35 Other provisions relating to notices under sections 28 and 30
36 Entitlement to registration
37 Applications for registration
38 Registrar may issue provisional licence pending consideration of application
39 Duration of provisional licence
40 Board to consider application
41 Board to register applicant or decline application
42 Registration subject to terms and conditions
43 Practising licence required
44 Entitlement to practising licence
45 Applications for practising licence
46 Board to consider application
47 Board to issue practising licence or decline application
48 Practising licence subject to terms and conditions
Duration and renewal of practising licence
49 Duration of practising licence
50 Applications for renewal of practising licence
51 Renewal of practising licence
Exemptions from registration and licensing requirements and conditions
52 Board may grant exemptions from registration and licence requirements and conditions
53 Review of registered person’s competence
54 Procedure on review of competence
56 Unsatisfactory results of competence programme
57 Cancellation and suspension generally
59 Board may cancel registration or licence if obtained wrongfully
60 Cancellation or suspension of overseas qualification, certificate, registration, or licence
61 Board may delegate power to Electrical Workers Registration Board to act under this subpart
Subpart 2—Employer licences in respect of gasfitting
62 Employer licence in respect of gasfitting
63 Gasfitting may be done under employer licence
64 Duration of employer licence
65 Renewal of employer licence
66 Cancellation, suspension, and other actions in relation to employer licences
67 Board must give employer licence holder reasonable opportunity to be heard
68 Miscellaneous provisions concerning actions under section 66
Subpart 3—Register of plumbers, gasfitters, and drainlayers
70 Register of plumbers, gasfitters, and drainlayers
71 Registrar must enter matters in register
74 Matters to be contained in register
75 Historical registration and licence information and documentation to be included in register
76 Duty to notify change of address
77 Duty to notify change of name
79 Restoration of registration or licence
80 Board may direct Registrar to record cancellation, suspension, or order
83 Restricting public access to information and documents on register
87 When search constitutes interference with privacy of individual
88 Persons to whom this subpart applies
91 Registrar must appoint investigator
94 Registrar must supply warrant of authority
95 Duties of investigator supplied with warrant of authority
96 Restriction on entry to dwellinghouse
97 Investigator must give notice to occupier of dwellinghouse
98 Notices to supply information or documents
99 Offence to fail to comply with notice to supply information or document
Consideration of complaint by Board
100 Board must hold hearing if investigator reports that complaint should be considered by Board
101 Notice of disciplinary proceedings
Interim suspension or disqualification
102 Interim suspension or disqualification
103 Form of interim suspension or disqualification order
104 Revocation of interim suspension or disqualification
105 Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
Exercise of disciplinary powers
106 Disciplinary powers of Board
108 Enforcement of fines, costs, and expenses
109 Suspension, restriction, or disqualification may take effect immediately
110 Effect of disqualification
111 Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction
Procedure and miscellaneous matters
112 Rules of natural justice to be observed
113 Meetings to be held in public
114 Investigator to prosecute matter
115 Appointment of legal advisor to assist Board
116 Appointment of persons to assist investigator
118 Board to have powers of commission of inquiry
120 Publication of decisions and orders
121 False declarations and representations
122 Unlicensed or unregistered person must not claim to be licensed or registered
123 Offences to engage in work in breach of sections 8 to 10 and to employ person to do work in breach of those sections
124 Offence to fail to comply with condition of employer licence
126 Certificate by Registrar to be evidence of various matters
127 Time for laying information
130 Procedural requirements for infringement notices
131 Payment of infringement fee
132 Effect of infringement notice
Part 4
Administration, appeals, and miscellaneous provisions
Subpart 1—Plumbers, Gasfitters, and Drainlayers Board
133 Plumbers, Gasfitters, and Drainlayers Board
140 Registrar of Plumbers, Gasfitters, and Drainlayers
145 Further provisions relating to fees, levy, and forms
146 Application of money received by Board
149 Auditor-General to be auditor of Board
150 Obligation to prepare annual report
151 Form and content of annual report
152 Obligation for Board to provide annual report to Minister
154 Annual reports to be presented to House of Representatives
155 Power of Minister to require information relating to affairs of Board
156 Power of Minister to require output agreement
157 Minister may require output agreement to include matters relating to Board’s relationship with industry training organisation
158 Annual financial statements and statement of responsibility
161 Further provisions relating to Board and members in Schedule 1
165 Court may refer appeals back for reconsideration
167 Power of court to prohibit publication of person’s name or affairs
168 Decision to continue in force pending appeal
Subpart 3—Miscellaneous provisions, consequential amendments, and repeals
170 Notice and service of documents by Board, member, Registrar, or investigator
173 Registered persons continue to be registered persons
174 Registered persons who hold licences under former Act continue to hold licences
175 Persons holding provisional licences
176 Persons holding employer licences
177 Persons holding limited certificates
178 Board may vary licence, registration, or certificate or impose conditions, limitations, or restrictions on licence, registration, or certificate
179 Applications pending at commencement of this section
180 Provisions relating to persons whose registration is suspended
181 Continuation of pending investigations, inquiries, and disciplinary proceedings
182 Complaints about conduct before commencement of this section
183 Hearing concerning conduct before commencement of this section
184 Notices made under repealed provisions to have continuing effect
Amendments, repeal, and revocation
Schedule 1
Provisions applying to Plumbers, Gasfitters, and Drainlayers Board and its members