316 Board must investigate complaints

(1)

The Board must, as soon as practicable after receiving a complaint, investigate the complaint and determine whether or not to proceed with it.

(2)

However, subsection (3) applies if the Board receives a complaint about a licensed building practitioner—

(a)

who is a licensed building practitioner only because he or she is treated under section 291 and the rules as if he or she is licensed because he or she is registered, licensed, or otherwise recognised under any other enactment (for example, a registered architect); and

(b)

who is, in the opinion of the Board, subject to a substantially similar or more stringent disciplinary regime by or under that other enactment.

(3)

The Board may not investigate or proceed with the complaint, but must refer it to the body that is responsible for dealing with complaints under that other enactment.

Section 316(2)(a): amended, on 15 March 2008, by section 79 of the Building Amendment Act 2008 (2008 No 4).