Reprint as at 2 September 2008

Plumbers, Gasfitters, and Drainlayers Act 2006

Public Act	2006 No 74
Date of assent	4 December 2006
Commencement	see section 2

Note

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 Plumbers, Gasfitters, and Drainlayers Act 2006 is administered by the Ministry of Health.

1 Title

2 Commencement

Part 1
Preliminary and key provisions

Subpart 1—Preliminary provisions

3 Purposes of this Act

4 Interpretation

5 Meaning of gasfitting

6 Meaning of sanitary plumbing

7 Act binds the Crown

Subpart 2—Key provisions

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

General exemptions

12 Board may exempt person or class of persons from sections 8 to 10

13 Exemption for trainees

14 Board may issue limited certificate for purposes of section 13

Specific sanitary plumbing exemptions

15 Exemption for householders

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

Classes of registration

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

How to become registered

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

How to become licensed

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

Competence

53 Review of registered person’s competence

54 Procedure on review of competence

55 Competence programmes

56 Unsatisfactory results of competence programme

Cancellation and suspension

57 Cancellation and suspension generally

58 Effect of suspension

59 Board may cancel registration or licence if obtained wrongfully

60 Cancellation or suspension of overseas qualification, certificate, registration, or licence

Miscellaneous provision

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

69 Powers of inspection

Subpart 3—Register of plumbers, gasfitters, and drainlayers

70 Register of plumbers, gasfitters, and drainlayers

71 Registrar must enter matters in register

72 Purpose of register

73 Form of 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

78 Revision of register

79 Restoration of registration or licence

80 Board may direct Registrar to record cancellation, suspension, or order

81 Alterations to register

82 Register to be public

83 Restricting public access to information and documents on register

84 Search of register

85 Search criteria

86 Search purposes

87 When search constitutes interference with privacy of individual

Part 3
Discipline and offences

Subpart 1—Discipline

Preliminary provisions

88 Persons to whom this subpart applies

89 Disciplinary offence

Complaints

90 Complaints

Investigations

91 Registrar must appoint investigator

92 Investigation of complaint

93 Investigator’s powers

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

107 Costs and expenses

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

117 Evidence

118 Board to have powers of commission of inquiry

119 Orders to be in writing

120 Publication of decisions and orders

Subpart 2—Offences

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

125 Other offences

126 Certificate by Registrar to be evidence of various matters

127 Time for laying information

128 Infringement offences

129 Infringement notices

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

134 Membership of Board

135 Term of office

136 Vacation of office

137 Functions of Board

138 Powers of Board

139 Power to amend or revoke

140 Registrar of Plumbers, Gasfitters, and Drainlayers

141 Other officers

142 Board may prescribe fees

143 Disciplinary levy

144 Board may prescribe forms

145 Further provisions relating to fees, levy, and forms

146 Application of money received by Board

147 Fees and allowances

148 Unauthorised expenditure

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

153 Board to publish reports

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

159 Audit

160 Power to borrow money

161 Further provisions relating to Board and members in Schedule 1

Subpart 2—Appeals

162 Appeals

163 Time for lodging appeal

164 Procedure on appeal

165 Court may refer appeals back for reconsideration

166 Costs

167 Power of court to prohibit publication of person’s name or affairs

168 Decision to continue in force pending appeal

169 Appeal on question of law

Subpart 3—Miscellaneous provisions, consequential amendments, and repeals

170 Notice and service of documents by Board, member, Registrar, or investigator

171 Exclusion of liability

Regulations

172 Regulations

Transitional provisions

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

185 Acts amended

186 Repeal and revocation

Review of Act

187 Review of Act

Schedule 1
Provisions applying to Plumbers, Gasfitters, and Drainlayers Board and its members

Schedule 2
Consequential amendments

Reprint notes

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Plumbers, Gasfitters, and Drainlayers Act 2006 No 74 (as at 02 September 2008), Public Act

Plumbers, Gasfitters, and Drainlayers Act 2006

Note

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