Plumbers, Gasfitters, and Drainlayers Act 2006

Reprint as at 8 September 2018

Coat of Arms of New Zealand

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 subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

The Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purposes of this Act
4Interpretation
5Meaning of gasfitting
6Meaning of sanitary plumbing
7Act binds the Crown
8Restrictions on doing or assisting with sanitary plumbing
9Restrictions on doing or assisting with gasfitting
10Restrictions on doing or assisting with drainlaying
11Body corporate does not breach restriction if work is actually done by authorised natural person
12Board may exempt person or class of persons from sections 8 to 10
13Exemption for trainees
14Board may issue limited certificate for purposes of section 13
15Exemption for householders
16Exemption for sanitary plumbing in areas in rural districts
17Provisions relating to alteration of boundaries of local authority districts
18Exemption for installing and maintaining particular sanitary plumbing equipment
19Exemption for sanitary plumbing under supervision
20Board may authorise person to carry out or supervise gasfitting
21Exemption for gasfitting under supervision
22Exemption for work on certain gas installations
23Exemption for underground pipes conveying gas to premises
24Exemption for fixing of water heaters by gasfitters
25Exemption for drainlaying under supervision
26Board may cancel application of exemption to any person
27Work done under exemptions must be done in accordance with regulations
28Classes of registration may be designated by Board
29Board must consider designating classes of registration that replace or correspond to types of registration under former Act
30Board may prescribe other registration and licensing matters
31Minimum standards for registration
32Principles guiding prescribing of registration and licensing matters
33Board must consult before publishing notices
34Notices published under sections 28 and 30 must be approved by Minister
35Other provisions relating to notices under sections 28 and 30
36Entitlement to registration
37Applications for registration
38Registrar may issue provisional licence pending consideration of application
39Duration of provisional licence
40Board to consider application
41Board to register applicant or decline application
42Registration subject to terms and conditions
43Practising licence required
44Entitlement to practising licence
45Applications for practising licence
46Board to consider application
47Board to issue practising licence or decline application
48Practising licence subject to terms and conditions
49Duration of practising licence
50Applications for renewal of practising licence
51Renewal of practising licence
52Board may grant exemptions from registration and licence requirements and conditions
53Review of registered person’s competence
54Procedure on review of competence
55Competence programmes
56Unsatisfactory results of competence programme
57Cancellation and suspension generally
58Effect of suspension
59Board may cancel registration or licence if obtained wrongfully
60Cancellation or suspension of overseas qualification, certificate, registration, or licence
61Board may delegate power to Electrical Workers Registration Board to act under this subpart
62Employer licence in respect of gasfitting
63Gasfitting may be done under employer licence
64Duration of employer licence
65Renewal of employer licence
66Cancellation, suspension, and other actions in relation to employer licences
67Board must give employer licence holder reasonable opportunity to be heard
68Miscellaneous provisions concerning actions under section 66
69Powers of inspection
70Register of plumbers, gasfitters, and drainlayers
71Registrar must enter matters in register
72Purpose of register
73Form of register
74Matters to be contained in register
75Historical registration and licence information and documentation to be included in register
76Duty to notify change of address
77Duty to notify change of name
78Revision of register
79Restoration of registration or licence
80Board may direct Registrar to record cancellation, suspension, or order
81Alterations to register
82Register to be public
83Restricting public access to information and documents on register
84Search of register
85Search criteria
86Search purposes
87When search constitutes interference with privacy of individual
88Persons to whom this subpart applies
89Disciplinary offence
90Complaints
91Registrar must appoint investigator
92Investigation of complaint
93Investigator’s powers
94Registrar must supply warrant of authority
95Duties of investigator supplied with warrant of authority
96Restriction on entry to dwellinghouse
97Investigator must give notice to occupier of dwellinghouse
98Notices to supply information or documents
99Offence to fail to comply with notice to supply information or document
100Board must hold hearing if investigator reports that complaint should be considered by Board
101Notice of disciplinary proceedings
102Interim suspension or disqualification
103Form of interim suspension or disqualification order
104Revocation of interim suspension or disqualification
105Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
106Disciplinary powers of Board
107Costs and expenses
108Enforcement of fines, costs, and expenses
109Suspension, restriction, or disqualification may take effect immediately
110Effect of disqualification
111Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction
112Rules of natural justice to be observed
113Meetings to be held in public
114Investigator to prosecute matter
115Appointment of legal advisor to assist Board
116Appointment of persons to assist investigator
117Evidence
118Board to have powers of commission of inquiry
119Orders to be in writing
120Publication of decisions and orders
121False declarations and representations
122Unlicensed or unregistered person must not claim to be licensed or registered
123Offences to engage in work in breach of sections 8 to 10 and to employ person to do work in breach of those sections
124Offence to fail to comply with condition of employer licence
125Other offences
126Certificate by Registrar to be evidence of various matters
127Time for filing charging document
128Infringement offences
129Infringement notices
130Procedural requirements for infringement notices
131Payment of infringement fee
132Effect of infringement notice
133Plumbers, Gasfitters, and Drainlayers Board
134Membership of Board
135Term of office
136Vacation of office
137Functions of Board
138Powers of Board
139Power to amend or revoke
140Registrar of Plumbers, Gasfitters, and Drainlayers
141Other officers
142Board may prescribe fees
143Disciplinary and prosecution levy
144Board may prescribe forms
145Further provisions relating to fees, levy, and forms
146Application of money received by Board
147Fees and allowances
148Unauthorised expenditure
149Auditor-General to be auditor of Board
150Obligation to prepare annual report
151Form and content of annual report
152Obligation for Board to provide annual report to Minister
153Board to publish reports
154Annual reports to be presented to House of Representatives
155Power of Minister to require information relating to affairs of Board
156Power of Minister to require output agreement
157Minister may require output agreement to include matters relating to Board’s relationship with industry training organisation
158Annual financial statements and statement of responsibility
159Audit
160Power to borrow money
161Further provisions relating to Board and members in Schedule 1
162Appeals
163Time for lodging appeal
164Procedure on appeal
165Court may refer appeals back for reconsideration
166Costs
167Power of court to prohibit publication of person’s name or affairs
168Decision to continue in force pending appeal
169Appeal on question of law
170Notice and service of documents by Board, member, Registrar, or investigator
171Exclusion of liability
171AValidation of disciplinary levy
171BValidation of offences fee
172Regulations
173Registered persons continue to be registered persons
174Registered persons who hold licences under former Act continue to hold licences
175Persons holding provisional licences
176Persons holding employer licences
177Persons holding limited certificates
178Board may vary licence, registration, or certificate or impose conditions, limitations, or restrictions on licence, registration, or certificate
179Applications pending at commencement of this section
180Provisions relating to persons whose registration is suspended
181Continuation of pending investigations, inquiries, and disciplinary proceedings
182Complaints about conduct before commencement of this section
183Hearing concerning conduct before commencement of this section
184Notices made under repealed provisions to have continuing effect
185Acts amended
186Repeal and revocation
187Review of Act
Reprint notes