317 Grounds for discipline of licensed building practitioners

(1)

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 section 318 if it is satisfied that—

(a)

both of the following matters apply:

(i)

a licensed building practitioner has been convicted, whether before or after he or she is licensed, by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 6 months or more; and

(ii)

the commission of the offence reflects adversely on the person’s fitness to carry out or supervise building work or building inspection work; or

(b)

a licensed building practitioner has carried out or supervised building work or building inspection work in a negligent or incompetent manner; or

(c)

a licensed building practitioner has carried out (other than as an owner-builder) or supervised restricted building work or building inspection work of a type that he or she is not licensed to carry out or supervise; or

(d)

a licensed building practitioner has carried out or supervised building work or building inspection work that does not comply with a building consent; or

(da)

a licensed building practitioner has failed, without good reason, in respect of a building consent that relates to restricted building work that he or she is to carry out (other than as an owner-builder) or supervise, or has carried out (other than as an owner-builder) or supervised, (as the case may be),—

(i)

to provide a certificate of work about any plans and specifications required to accompany the building consent application; or

(ii)

to provide the persons specified in section 88(2) with a record of work, on completion of the restricted building work, in accordance with section 88(1); or

(db)

a licensed building practitioner has held himself or herself out as being licensed to carry out or supervise building work or building inspection work of a type that, at that time, he or she was not licensed to carry out or supervise; or

(e)

a licensed building practitioner has, for the purpose of becoming licensed himself or herself, or for the purpose of any other person becoming licensed,—

(i)

either orally or in writing, made any declaration or representation, knowing it to be false or misleading in a material particular; or

(ii)

produced to the Registrar or made use of any document, knowing it to contain a declaration or representation referred to in subparagraph (i); or

(iii)

produced to the Registrar or made use of any document, knowing that it was not genuine; or

(f)

a licensed building practitioner has failed, without good reason, to provide to the owner the record of work referred to in clause 1(b) of Schedule 1E or clause 1(b) of Schedule 1F; or

(g)

a licensed building practitioner has breached the code of ethics prescribed under section 314A; or

(h)

a licensed building practitioner has breached section 314B; or

(i)

a licensed building practitioner has conducted himself or herself in a manner that brings, or is likely to bring, the regime under this Act for licensed building practitioners into disrepute.

(2)

The Board may take the action whether or not the person is still a licensed building practitioner.

Compare: 2002 No 17 s 21

Section 317(1)(c): replaced, on 15 March 2008, by section 80(1) of the Building Amendment Act 2008 (2008 No 4).

Section 317(1)(c): amended, on 13 March 2012, by section 70(1) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(da): inserted, on 15 March 2008, by section 80(2) of the Building Amendment Act 2008 (2008 No 4).

Section 317(1)(da): amended, on 13 March 2012, by section 70(2)(a) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(da): amended, on 13 March 2012, by section 70(2)(b) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(da)(i): amended, on 13 March 2012, by section 70(3) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(da)(ii): amended, on 13 March 2012, by section 70(4) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(db): inserted, on 15 March 2008, by section 80(2) of the Building Amendment Act 2008 (2008 No 4).

Section 317(1)(e): amended, on 15 March 2008, by section 80(3) of the Building Amendment Act 2008 (2008 No 4).

Section 317(1)(e)(iii): amended, on 13 March 2012, by section 70(5) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(f): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(g): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(h): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).

Section 317(1)(i): inserted, on 13 March 2012, by section 70(6) of the Building Amendment Act 2012 (2012 No 23).