26 Disciplinary penalties

(1)

In any case to which section 25 applies, the Board may—

(a)

do both of the following things:

(i)

cancel the person’s registration and remove the person’s name from the register; and

(ii)

order that the person may not apply to be re-registered before the expiry of a specified period:

(b)

suspend the person’s registration for a period of no more than 12 months or until the person meets specified conditions relating to the registration (but, in any case, not for a period of more than 12 months) and record the suspension in the register:

(c)

order that the person be censured:

(d)

order that the person may, for a period not exceeding 3 years, practise only subject to any conditions as to employment, supervision, or otherwise that the Board may specify in the order:

(e)

order that the person undertake training specified in the order:

(f)

order that the person must pay a fine not exceeding $10,000.

(2)

The Board may take only 1 type of action in subsection (1) in relation to a case, except that—

(a)

it may impose a fine under subsection (1)(f) in addition to taking the action under subsection (1)(b) or (c) or (e); or

(b)

it may order that a person be censured in addition to taking the action under subsection (1)(d) or (e) or (f).

(3)

No fine may be imposed under subsection (1)(f) in relation to an act or omission that constitutes an offence for which the person has been convicted by a court.

(4)

In any case to which section 25 applies, the Board may order that the person must pay costs and expenses of, and incidental to, the inquiry by the Board.

(5)

In addition to notifying the action taken by the Board in the register, the Board—

(a)

must notify the Registrar of Licensed Building Practitioners appointed under the Building Act 2004 of the action and the reasons for it; and

(b)

may publicly notify the action in any other way that it thinks fit.

Compare: 2002 No 17 s 22