Registered Architects Rules 2006

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Reprint
as at 12 March 2010

Crest

Registered Architects Rules 2006

(SR 2006/161)


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.

These rules are administered by the Department of Building and Housing.


Pursuant to section 67 of the Registered Architects Act 2005, the New Zealand Registered Architects' Board makes the following rules.

Contents

Way in which application for initial registration must be evaluated and decisions made and implemented

Minimum standard for continued registration

Minimum frequency of assessments of continued registration

Assessment for continued registration

Way in which continued registration must be evaluated and decisions made and implemented

Extension of term for assessment for continued registration

Way in which suspensions and cancellations of registration for other non-disciplinary reasons must be decided on and implemented

Voluntary suspension

Standards related to the public

Standards related to client

Standards related to profession

Standards related to other registered architects

Complaints and inquiries

Initial investigation of complaint

Investigation of complaint or inquiry by investigating committee

Disciplinary committee

General provisions

Persons with delegated functions relating to registration

Persons with delegated functions relating to disciplinary matters


Rules

1 Title
  • These rules are the Registered Architects Rules 2006.

2 Commencement
  • These rules come into force on 1 July 2006.

3 Interpretation
  • (1) In these rules, unless the context otherwise requires,—

    assessment means an assessment of whether or not the person met—

    • (a) the minimum standard for registration; or

    • (b) the minimum standard for continued registration

    assessment panel means an assessment panel appointed under Part 5

    assessor means an assessor appointed under Part 5

    Board means the New Zealand Registered Architects' Board established by section 47 of the Act

    code of ethical conduct means the minimum standards contained in Part 3

    competency assessment reviewer means a competency assessment reviewer appointed under Part 5

    complaints officer means a complaints officer appointed under Part 5

    disciplinary committee means a disciplinary committee appointed under Part 5

    evaluation panel means an evaluation panel appointed under Part 5

    evaluator means an evaluator appointed under Part 5

    investigating committee means an investigating committee appointed under Part 5

    meeting method means meeting—

    • (a) by assembling together at a place; or

    • (b) by means of audio, audio and visual, or electronic communication by which the participants can simultaneously communicate with each other throughout the meeting

    minimum standard for continued registration means the minimum standard set out in rule 21

    minimum standard for registration means the minimum standard set out in rule 7

    notify means send a written notice (by post, email, fax, or other similar means of communication) to the last known address of the person concerned

    person means a natural person

    working day means any day of the week other than—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

    • (b) a day in the period commencing on 25 December in one year and ending on 14 January in the next year.

    (2) A person has a conflict of interest in relation to a matter if the person—

    • (a) is a party to, or will or may derive a material financial benefit from, the matter; or

    • (b) has a material financial interest in another party to whom the matter relates; or

    • (c) is a director, officer, member, or trustee of another party to, or a person who will or may derive a material financial benefit from, the matter; or

    • (d) is the parent, child, or spouse or civil union partner or de facto partner of another party to, or a person who will or may derive a material financial benefit from, the matter; or

    • (e) is otherwise directly or indirectly materially interested in the matter.

Part 1
Title of registered architect

4 Title of registered architect
  • (1) A person may represent himself or herself as a registered architect by using—

    • (a) the words registered architect; or

    • (b) the word architect.

    (2) Subclause (1) does not limit any other words, initials, and abbreviations that may be used to represent a person as a registered architect.

5 Use of title of registered architect or architect in representing overseas qualifications
  • A person may use a qualification or title awarded by an overseas agency that contains the title registered architect or architect (or words, initials, or abbreviations of that title) only if the person also states the jurisdiction of the overseas agency in full or by a widely accepted abbreviation in parentheses afterwards.

Part 2
Registration as registered architect

Subpart 1Registered architect standard

6 Definition of complex building
  • For the purpose of rule 7, a complex building is a building that—

    • (a) involves elements of high rise or large span, or both, requiring specialised or innovative structural solutions or of low rise requiring highly specialised knowledge; and

    • (b) exhibits 1 or more of the following characteristics:

      • (i) is demanding in its ordering and organisation of multiple occupancy or special purpose user requirements, or both, in terms of people and vehicular circulation:

      • (ii) is complicated in its spatial articulation:

      • (iii) is complex in the planning and co-ordination of complex construction systems, materials, building services, and fittings:

      • (iv) is challenging in site configuration and existing features; and

    • (c) has a significant impact on the natural and built environment and requires an informed response with respect to the urban or rural context and the physical, topographical, and climatic context.

7 Minimum standard for registration as registered architect
  • (1) To meet the minimum standard for registration, a person must demonstrate that he or she is able to practice competently to the standard of a registered architect.

    (2) The extent to which the person is able to do the following must be taken into account in assessing whether or not he or she meets the overall standard in subclause (1):

    • (a) comprehend, and apply his or her knowledge of, accepted principles underpinning—

      • (i) widely applied good practice for professional architecture; and

      • (ii) good practice for professional architecture that is specific to New Zealand; and

    • (b) to create a design for a complex building that is capable of realisation through the exercise of knowledge, imagination, judgement, and professional responsibility; and

    • (c) to formulate an initial response to a project brief for a complex building sufficient to obtain endorsement of overall objectives and concept by a client and other interested parties; and

    • (d) to develop a design proposal for a complex building from an initial concept; and

    • (e) to resolve a schematic design for a complex building sufficient to obtain agreement and authorisation to proceed to documentation for its translation into built form; and

    • (f) to continuously comply with the brief and meet contractual arrangements throughout the course of implementation of a design project for a complex building; and

    • (g) to communicate information throughout the course of determining a brief and throughout the conceptual design, design development, documentation, and construction phases of the engagement; and

    • (h) to generate documentation of a building project so that it can be costed, built, and completed in accordance with the brief, time frame, cost, and quality objectives; and

    • (i) to prepare as-built record documents before, or at, completion of a building project to provide for effective occupancy and as research input for future operational use; and

    • (j) to establish project management by confirming objectives and conditions at the inception of a project; and

    • (k) to establish an appropriate procurement method and complete contractual arrangements with all participants; and

    • (l) to provide contract administration for the construction of a project; and

    • (m) before, or at, completion of a project, to document responsibilities and assemble information for future operational use; and

    • (n) to establish and maintain an architectural practice; and

    • (o) to conduct his or her practice of architecture to an ethical standard at least equivalent to the code of ethical conduct; and

    • (p) understand and comply with the applicable New Zealand statutory and regulatory requirements.

Subpart 2Initial registration

8 How to apply for initial registration
  • (1) A person may apply to the Board for registration in accordance with this rule.

    (2) The application must—

    • (a) contain the information set out in Schedule 1; and

    • (b) contain or be accompanied by all of the supporting information set out in rule 9 or, if applicable, rule 10; and

    • (c) contain or be accompanied by—

      • (i) a statutory declaration taken by a solicitor, Justice of the Peace, or notary public signed by the applicant to the effect that all the information is accurate and any evidence provided is genuine; and

      • (ii) a statement of the applicant's agreement to be bound by these rules as amended from time to time; and

    • (d) be accompanied by the applicable charge for application for initial registration as set out in Schedule 2; and

    • (e) if the applicant's academic or other relevant qualifications or work history and practical experience are not of a kind recognised by the Board, be accompanied by the equivalency assessment charge as set out in Schedule 2.

    (3) The applicant must provide all information in writing and must provide 3 copies of that information.

    Rule 8(2)(d): amended, on 12 March 2010, by rule 4(1) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

    Rule 8(2)(e): substituted, on 12 March 2010, by rule 4(2) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

9 Information that must be provided to support application
  • An applicant, other than an applicant to whom rule 10 applies, must provide the following information in or with an application:

    • (a) evidence of the following (if applicable):

      • (i) academic and other relevant qualifications; and

      • (ii) current registration on other registered architect registers; and

      • (iia) previous registration as a registered architect or as an architect in New Zealand under the Act or the Architects Act 1963; and

      • (iii) results from other relevant competency assessments; and

      • (iv) professional development activities undertaken; and

    • (b) a chronological summary of the applicant's work history and other practical experience (including a description of previous employment positions and architectural activities) prior to, and subsequent to, completing his or her academic or other relevant qualifications; and

    • (c) any other information that the applicant wishes to be considered (which may include a statement of self-review reflecting on development as a professional architect and work samples from recent professional architectural activities); and

    • (d) annotations explaining how the information demonstrates that the applicant meets the minimum standard for registration.

    Rule 9(a)(iia): inserted, on 12 March 2010, by rule 5 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

10 Information that must be provided to support application for registration by architect previously registered under Architects Act 1963 and holding current practising certificate
  • (1) This rule applies to an architect who—

    • (a) immediately before 1 July 2006 was registered under the Architects Act 1963; and

    • (b) holds a current annual practising certificate issued under section 55 of the Architects Act 1963.

    (2) An applicant to whom this rule applies must provide the following information in or with an application:

    • (a) evidence of the following (if applicable):

      • (i) academic and other relevant qualifications; and

      • (ii) current registration on other registered architect registers; and

      • (iii) results from other relevant competency assessments; and

      • (iv) professional development activities undertaken; and

    • (b) the applicant's current annual practising certificate issued under section 55 of the Architects Act 1963; and

    • (c) any other information that the applicant wishes to be considered (which may include a statement of self-review reflecting on development as a professional architect and work samples from recent professional architectural activities); and

    • (d) annotations explaining how the information provided under paragraph (c) demonstrates that the applicant meets the minimum standard for registration.

11 Information missing from application
  • (1) The Board may request an applicant to provide additional information if the application received by the Board does not contain, or is not accompanied by, all of the obligatory statements and information set out in—

    (2) An application lapses if additional information is requested under subclause (1) or rule 13(1) and that information is not received by, as appropriate, the Board or the assessment panel before the expiry of 6 months after the date of the request.

    (3) If an application lapses, the Board must—

    • (a) return the application and all of the supporting information that accompanied it to the applicant; and

    • (b) refund half of the charge for application for registration that accompanied the application, unless the application has been given to an assessment panel for evaluation, in which case no refund may be made.

Way in which application for initial registration must be evaluated and decisions made and implemented

12 Assessment panel must evaluate application
  • An assessment panel must evaluate each application for registration to assess whether or not the applicant has demonstrated that he or she meets the minimum standard for registration.

13 Way in which assessment panel must evaluate application
  • (1) An assessment panel must evaluate an application in the following way:

    • (a) carry out a preliminary evaluation of the information provided and assess whether or not the panel needs more information to complete the assessment; and

    • (b) if the applicant's academic or other relevant qualifications or work history and practical experience are not of a kind recognised by the Board, carry out an equivalency assessment, which may include an interactive assessment with the applicant by any meeting method; and

    • (c) unless the panel considers it unnecessary, carry out an interactive assessment with the applicant by any meeting method; and

    • (d) if the panel thinks it necessary, invite the applicant to provide, within a specified period,—

      • (i) any additional supporting information; and

      • (ii) up to 2 further independent referees; and

    • (e) in evaluating the information provided, assess—

      • (i) the extent to which the applicant is able to do the things described in rule 7(2); and

      • (ii) whether or not the applicant meets the overall standard in rule 7(1), taking its evaluation under subparagraph (i) into account; and

      • (iii) any other matters the panel considers necessary to carry out the assessment.

    (2) The assessment panel may take these steps in a different order, repeat or combine any steps, or take additional steps to carry out the assessment.

    (3) After completing the actions required by subclause (1), the assessment panel must make a recommendation to the Board on the application.

    Rule 13(1)(b): substituted, on 12 March 2010, by rule 6 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

14 Board must make decision on application
  • The Board must, after considering the assessment panel's recommendations and section 8 of the Act, decide to register the applicant or decline to register the applicant.

15 Board must notify successful applicants and implement decision
  • (1) The Board must—

    • (a) notify a successful applicant of the Board's decision under rule 14; and

    • (b) implement the decision to register the applicant by—

      • (i) registering him or her; and

      • (ii) entering his or her name in the register; and

      • (iii) issuing a certificate of registration to the applicant on payment by him or her of the applicable charge for the issue of a certificate of registration set out in Schedule 2; and

    • (c) [Revoked]

    • (d) without limiting section 12(1) of the Act, inform the applicant of the date of his or her next assessment.

    (2) An initial certificate of registration is current until the following 30 June.

    Rule 15(1)(b)(iii): amended, on 12 March 2010, by rule 7(1) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

    Rule 15(1)(c): revoked, on 12 March 2010, by rule 7(2) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

16 Board must notify unsuccessful applicants
  • The Board, if declining an application, must—

    • (a) notify the applicant of the reasons for the decision; and

    • (b) notify the applicant of his or her right of appeal under the Act and right of review under rule 35 against the decision; and

    • (c) identify the areas where, in the opinion of the Board, the applicant did not meet the minimum standard for registration; and

    • (d) inform the applicant that he or she may reapply for an assessment for registration at any time he or she believes he or she has met the minimum standard for registration.

Subpart 3Certificates of registration

17 How to apply for certificate of registration
  • A person may request a certificate of registration from the Board by paying the applicable charge for the issue of a certificate of registration set out in Schedule 2.

    Rule 17: amended, on 12 March 2010, by rule 8 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

18 Issue of certificate of registration
  • The Board must issue a certificate of registration to a person who applies in accordance with rule 17 if he or she is currently registered.

19 Term for which certificates of registration issued
  • (1) Certificates of registration are issued for a year, or part of a year, that—

    • (a) begins on 1 July in a particular year or, if the applicant is not currently registered on 1 July of that year, the applicant's registration date under subclause (2); and

    • (b) ends on 30 June in the following year.

    (2) The applicant's registration date is the date on which the person is registered under section 8 of the Act or on which the applicant's registration is revived after a period of suspension.

    Rule 19: substituted, on 12 March 2010, by rule 9 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

20 Board may require cancelled or suspended certificates of registration to be returned or destroyed
  • (1) A person must, if required by the Board, return, or notify the Board that the person has destroyed, a cancelled certificate of registration.

    (2) A person must, if required by the Board, return a certificate of registration for the period of any suspension of his or her registration.

Subpart 4Assessment for continued registration

Minimum standard for continued registration

21 Minimum standard for continued registration as registered architect
  • To meet the minimum standard for continued registration, a person who is currently registered must demonstrate that—

    • (a) he or she still meets the minimum standard for registration set out in rule 7; and

    • (b) he or she has taken reasonable steps to maintain the currency of his or her architectural knowledge and skills since the last assessment.

Minimum frequency of assessments of continued registration

22 Minimum frequency of assessment of continued registration
  • (1) The Board must assess whether or not a person meets the standard for continued registration within 5 years from 30 June of the year of the person's last assessment.

    (2) Subclause (1) does not limit the Board's power under section 12 of the Act to carry out an assessment at any time earlier than that specified in subclause (1) (including, without limitation, in a year fixed on the person's last assessment).

    (3) Subclause (1) is subject to rule 32.

Assessment for continued registration

23 Board must notify registered architects of assessment
  • Before undertaking an assessment of a person's continued registration, the Board must notify the person (the candidate)—

    • (a) that it intends to carry out the assessment; and

    • (b) that the candidate must provide the information required under rule 24 by a specified date; and

    • (c) of the consequences of not providing the information.

24 Information that must be provided to demonstrate current competence
  • (1) Each candidate who receives a notice under rule 23 must provide to the Board, by the specified date,—

    • (b) the supporting information set out in subclause (2); and

    • (c) a statement signed by the candidate to the effect that all the information is accurate and any evidence provided is genuine.

    (2) A candidate must provide the following supporting information to the extent that the Board does not already hold it:

    • (a) a declaration that appropriate professional development activities have been undertaken annually; and

    • (b) evidence of the professional development activities undertaken since his or her last assessment; and

    • (c) details of the results of any assessments gained from the professional development activities undertaken since his or her last assessment; and

    • (d) any other information that the candidate wishes to be considered (which may include a statement of self-review reflecting on development as a professional architect, and work samples from recent professional architectural activities).

    (3) The candidate must provide all information in writing.

    Rule 24(2): amended, on 12 March 2010, by rule 10(1) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

    Rule 24(3): amended, on 12 March 2010, by rule 10(2) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

24A Charges for assessment for continued registration
  • The applicable charge or charges for assessment for continued registration set out in Schedule 2 are payable by the candidate.

    Rule 24A: inserted, on 12 March 2010, by rule 11 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

Way in which continued registration must be evaluated and decisions made and implemented

25AAA Assessment without evaluation panel
  • (1) If the Board is satisfied, on the basis of the information provided under rule 24 and the information described in rule 24 that it holds, that the candidate has demonstrated that he or she meets the minimum standard for continued registration, the Board must decide to renew the candidate's registration.

    (2) If the Board assesses a candidate as meeting the minimum standard for continued registration under subclause (1), rules 25 to 29 do not apply.

    Rule 25AAA: inserted, on 12 March 2010, by rule 12 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

25 Evaluation of continued registration by evaluation panel
  • (1) This rule and rules 26 to 29 apply if for any reason the Board is not satisfied in accordance with rule 25AAA that a candidate has demonstrated that he or she meets the minimum standard for continued registration.

    (2) If this rule applies, an evaluation panel must evaluate the candidate to assess whether the candidate has demonstrated that he or she meets the minimum standard for continued registration.

    Rule 25: substituted, on 12 March 2010, by rule 13 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

26 Way in which evaluation panel must evaluate continued registration
  • (1) An evaluation panel must evaluate the candidate's continued registration in the following way:

    • (a) carry out a preliminary evaluation of the information provided and assess whether or not more information is needed to complete the assessment; and

    • (b) if the panel thinks it necessary, invite the candidate to provide, within a specified period, additional information in support of continued registration; and

    • (c) if the panel considers it necessary, carry out an interactive assessment with the candidate by any meeting method; and

    • (d) evaluate the information provided and the results of any interactive assessment.

    (2) The evaluation panel may take these steps in a different order, repeat or combine any steps, or take additional steps to carry out the assessment.

    (3) After completing the actions required by subclause (1), the evaluation panel must make a recommendation to the Board on the candidate's continued registration.

    Rule 26(1)(c): substituted, on 12 March 2010, by rule 14 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

    Rule 26(1)(d): added, on 12 March 2010, by rule 14 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

27 Board must make decision on continued registration
  • (1) The Board must, after considering the evaluation panel's recommendations and section 12 of the Act,—

    • (a) decide to renew the candidate's registration; or

    • (b) suspend the candidate's registration.

    (2) However, the Board may only decide—

    • (a) to suspend a candidate's registration after complying with rule 28; or

    • (b) to vary a recommendation of the evaluation panel after complying with rule 29.

28 Board must give candidate opportunity to respond
  • If the Board proposes to suspend the candidate's registration, the Board must—

    • (a) notify the candidate of the reasons for the proposed decision; and

    • (b) give the candidate a reasonable opportunity to make written submissions on the matter.

29 Board must meet additional requirements if varying recommendation
  • The Board may only vary a recommendation of the evaluation panel if first—

    • (a) the Board requires the evaluation panel to reconsider the recommendation for the reasons given by the Board; and

    • (b) the evaluation panel reconsiders the recommendation, carries out any further steps considered necessary under rule 26, and reports back on whether or not the recommendation should be amended; and

    • (c) the Board considers the reconsidered recommendation.

30 Board must notify and implement decision
  • (1) The Board must—

    • (a) notify the candidate of the Board's decision under rule 25AAA or 27 and the reasons for that decision; and

    • (b) if the decision is, under rule 25AAA or 27, to renew the candidate's registration, inform the candidate of the next date for assessment for continued registration; and

    • (c) if the decision is, under rule 27, that the candidate does not meet the minimum standard for continued registration, suspend the candidate's registration.

    (2) However, the Board must not suspend a candidate's registration until the expiry of a period of at least 28 working days after the notification of the decision.

    (3) The Board must notify the candidate that—

    • (a) the candidate's registration may be renewed should he or she, within 12 months of the date on which his or her registration was suspended, or any further period that the Board may determine, apply under rule 31 and satisfy the Board that he or she meets the minimum standard for continued registration; and

    • (b) if the candidate does not satisfy the Board that he or she meets the minimum standard for continued registration within the period referred to in paragraph (a), the candidate's registration will be cancelled.

    Rule 30(1): substituted, on 12 March 2010, by rule 15 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

31 Reinstatement of a suspended registration
  • (1) A person (the applicant) may apply to the Board to have a registration that has been suspended under rule 30 reinstated in accordance with this rule.

    (2) The application must be made within 12 months of the date of the suspension, or any further period that the Board may determine, and contain all the information specified in rule 24.

    (3) The application must be assessed in accordance with rules 25 to 29.

    (4) The Board must—

    • (a) notify the applicant of the Board's decisions under rule 27 and the reasons for those decisions; and

    • (b) if the decision is to renew the candidate's registration, inform the applicant of the next date for assessment for continued registration; and

    • (c) if the Board is required under section 13(2) of the Act to cancel the applicant's registration, cancel that registration.

    (5) However, the Board must not cancel an applicant's registration until the expiry of a period of at least 28 working days after the notification of the decision.

    (6) If the Board decides that the candidate does not meet the minimum standard for continued registration, but the period described in subclause (2) has not yet expired, the Board must notify the candidate that he or she may reapply under this rule to satisfy the Board within the remainder of that period that he or she meets the minimum standard for continued registration.

Extension of term for assessment for continued registration

32 Extension of term for assessment for continued registration
  • (1) A person (the applicant) may apply to the Board for an extension of the period that would otherwise apply in respect of the person under rule 22 (the applicable period) on the grounds that—

    • (a) there are exceptional reasons why the applicant will not meet the minimum standard for continued registration within the applicable period; and

    • (b) the applicant has made significant progress towards meeting the minimum standard for continued registration.

    (2) The application must be filed with the Board no less than 4 months before the expiry of the applicable period.

33 Evaluating application for extension of term for assessment for continued registration
  • (1) The applicant must provide—

    • (a) a statement detailing the reasons why the minimum standard for continuing registration will not be met and the nature of the contributing exceptional reasons:

    • (b) evidence of the progress made to date towards meeting the minimum standard for continued registration:

    • (c) an action plan which demonstrates that it is likely the minimum standard for continued registration can be met within a period not exceeding 12 months from the end of the applicable period:

    • (d) a documented peer review by a registered architect of the applicant's work since the applicant's most recent assessment.

    (2) The Board must appoint an assessment panel who must evaluate each applicant to assess whether it is likely that the applicant can meet the minimum standard for continued registration within a period not exceeding 12 months from the end of the applicable period.

    (3) After completing the assessment required by subclause (2), the assessment panel must make a recommendation to the Board on—

    • (a) whether the application should be granted; and

    • (b) if it should be granted, what the period of the extension should be.

34 Board must make decision on extension of term for assessment
  • The Board must, after considering the assessment panel's recommendations and section 12 of the Act,—

    • (a) extend the applicable period by a period not exceeding 12 months; or

    • (b) decline the application.

Subpart 5Review of registration assessment procedures

35 Request for review of assessment procedures
  • (1) A person (the applicant) may, in accordance with this rule, apply to the Board for a review on the ground that an assessment was not carried out in accordance with the procedures set out in the Act or these rules.

    (2) The application must be—

    • (a) made in writing within 14 working days after the applicant is notified of the assessment decision; and

    • (b) accompanied by—

      • (i) a statement of how the applicant considers that the assessment was not carried out in accordance with the procedures set out in the Act or these rules; and

      • (ii) any evidence that the applicant wishes to be considered in the review; and

    • (c) accompanied by the charge for review of registration assessment procedures set out in Schedule 2.

36 Competency assessment reviewer must carry out review of assessment procedures
  • A competency assessment reviewer must, as soon as practicable after receiving an application under rule 35, review the procedures followed in carrying out the assessment and—

    • (a) refer the matter back to be reassessed from the stage he or she considers necessary if he or she considers that—

      • (i) the assessment was not carried out in accordance with the procedures set out in the Act or these rules; and

      • (ii) this has disadvantaged the applicant; or

    • (b) dismiss the application.

37 Board must notify and implement decision
  • The Board must—

    • (a) notify the applicant of the decision under rule 36 and the reasons for that decision; and

    • (b) if a matter is referred back to be reassessed, implement that decision and refund the charge for the review of registration assessment procedures to the applicant.

38 Subpart does not limit statutory rights of appeal
  • Nothing in this subpart limits the rights of appeal under the Act.

Subpart 6Suspensions and cancellations of registration for other non-disciplinary reasons

Way in which suspensions and cancellations of registration for other non-disciplinary reasons must be decided on and implemented

39 Board must give person opportunity to respond
  • If the Board proposes to suspend or cancel a person's registration under section 27 of the Act, the Board must—

    • (a) notify the person of the information on which the proposed decision is based; and

    • (b) give that person a reasonable opportunity to make written submissions on the matter.

40 Board must notify decision
  • (1) If the Board suspends or cancels a person's registration under section 27 of the Act, the Board must—

    • (a) notify the person of its decision and the reasons for that decision; and

    • (b) suspend or cancel that registration in accordance with section 27 of the Act.

    (2) However, the Board must not suspend or cancel a person's registration until the expiry of a period of at least 28 working days after the notification of the decision.

Voluntary suspension

41 How to voluntarily suspend registration
  • A person may require that his or her registration be suspended by written notice to the Board that—

    • (a) states the required period of suspension; and

    • (b) is given no less than 7 working days before the commencement of that period.

    • (c) [Revoked]

    Rule 41(b): amended, on 12 March 2010, by rule 16(1) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

    Rule 41(c): revoked, on 12 March 2010, by rule 16(2) of the Registered Architects Amendment Rules 2010 (SR 2010/52).

42 Minimum and maximum periods of voluntary suspension
  • A person may require that his or her registration be suspended only if the period of suspension—

    • (a) consists of 1 or more periods of 12 months; and

    • (b) is no longer than 5 years in total.

Subpart 7Register

43 Additional matters to be shown in register
  • In addition to the matters required by section 21 of the Act, the register must contain, for each registered person, the year in which the person's next assessment for continued registration must be carried out.

44 Amendment of register
  • The Board must amend the register to—

    • (a) reflect any changes, or correct any errors, in the information shown in the register as soon as reasonably practicable after being notified, or otherwise becoming aware, of the change or error; and

    • (b) on the written request of any person, remove the contact details of that person.

Subpart 8Miscellaneous provision

45 Retention of assessment information
  • (1) The Board must keep at least 1 copy of the information provided for each assessment until—

    • (a) the time limit for an appeal under section 38 of the Act has expired without an appeal being made; or

    • (b) all appeals on the assessment decision are completed.

    (2) The Board may continue to hold 1 copy of the information after the dates in subclause (1) provided that it holds that information in compliance with the Privacy Act 1993.

Part 3
Code of minimum standards of ethical conduct for registered architects

Standards related to the public

46 Not misrepresent himself or herself
  • A registered architect must not represent or promote himself or herself, his or her business, or his or her professional services in a false, fraudulent, misleading, or deceptive manner.

47 Uphold the law
  • A registered architect must abide by the professional codes of ethics and conduct and laws in force in the countries and jurisdictions in which he or she provides professional services.

Standards related to client

48 Exercise unprejudiced and unbiased judgement
  • A registered architect must exercise unprejudiced and unbiased judgement.

49 Care and diligence
  • A registered architect must perform his or her professional work with due care and diligence.

50 Terms of appointment
  • A registered architect must not undertake professional work unless the registered architect and the client have agreed the terms of the appointment, which may include but need not be limited to,—

    • (a) scope of work:

    • (b) allocation of responsibilities:

    • (c) any limitation of responsibilities:

    • (d) fee, or method of calculating it, and terms of trade:

    • (e) any provision for termination:

    • (f) provision for professional indemnity insurance.

51 Remuneration and inducements
  • A registered architect must—

    • (a) be remunerated solely by the fees and benefits specified in the appointment or employment agreement; and

    • (b) not offer any inducements to procure an appointment.

52 Confidentiality of client's affairs
  • (1) A registered architect must observe the confidentiality of the client's affairs and must not disclose confidential information without the prior consent of the client.

    (2) Subclause (1) does not apply if the registered architect is required by law to disclose that information.

53 Conflict of interest
  • A registered architect must disclose to clients, owners, or contractors significant circumstances known to the registered architect that could be construed as creating a conflict of interest. The registered architect must ensure that the conflict does not interfere with the registered architect's duty to render unprejudiced and unbiased judgement.

Standards related to profession

54 Act with honesty and fairness
  • A registered architect must pursue his or her professional activities with honesty and fairness.

Standards related to other registered architects

55 Acknowledge colleagues' contributions
  • A registered architect must—

    • (a) build his or her professional reputation on the merits of his or her own performance; and

    • (b) not claim as his or her own the intellectual property and ideas of other registered architects.

56 Not maliciously or unfairly criticise
  • A registered architect must not maliciously or unfairly criticise or attempt to discredit another registered architect's work.

57 Conflicts of professional appointment
  • A registered architect must, on being approached to undertake professional work for which he or she knows, or by reasonable inquiry ascertains, that another registered architect has a current appointment with the same client, notify the other registered architect.

58 Giving an opinion on the work of another registered architect
  • A registered architect must, when appointed to give an opinion on the work of another registered architect, notify the other registered architect unless the appointed registered architect is aware of any current or pending litigation concerning the work that is the subject of the opinion.

Part 4
Disciplining of registered architects

Complaints and inquiries

59 How to complain about registered architects
  • (1) A person may complain to the Board about the conduct of a registered architect or former registered architect.

    (2) The complaint must be made in writing and contain—

    • (a) the complainant's name and contact details; and

    • (b) the name of the registered architect or former registered architect; and

    • (c) an outline of the nature of the complaint; and

    • (d) the provision in section 25(1)(a) to (d) of the Act, and if applicable the provision of the code of ethical conduct, that the complainant believes has been breached.

60 Board may inquire into matters on own motion
  • (1) The Board may inquire into any matter on its own motion under this Part if it has reasonable grounds to suspect that the conduct of a registered architect or former registered architect may come within any of the grounds for discipline in section 25 of the Act.

    (2) If subclause (1) applies, the Board may—

    • (a) carry out an initial investigation of the matter in accordance with rules 63 and 64 (other than notifying the complainant under rule 64(a)) as if it were a complaint; or

    • (b) if a complaint on that matter has already been made, continue to inquire into the matter even if the complaint is subsequently withdrawn.

Initial investigation of complaint

61 Board must consider complaint
  • (1) The Board must, as soon as practicable after receiving a complaint, carry out an initial investigation of the complaint in accordance with rule 63 and—

    • (a) refer the complaint to an investigating committee; or

    • (b) dismiss the complaint on a ground in rule 62.

    (2) The Board must notify the complainant and the person complained about of the decision under subclause (1) and the reasons for the decision.

62 Grounds for not referring complaint to investigating committee
  • The Board may dismiss a complaint without referring it to an investigating committee if—

    • (b) the subject matter of the complaint is trivial; or

    • (c) the alleged complaint is insufficiently grave to warrant further investigation; or

    • (d) the complaint is frivolous or vexatious or is not made in good faith; or

    • (e) the complainant does not wish action to be taken or continued; or

    • (f) the complainant does not have a sufficient personal interest in the subject matter of the complaint; or

    • (g) an investigation of the complaint is no longer practicable or desirable given the time elapsed since the matter giving rise to the complaint arose.

63 Way in which decision on whether or not to refer complaint to investigating committee must be made
  • The Board must carry out an initial investigation of a complaint against the grounds in rule 62 in the following way:

    • (a) the Board must notify the person complained about of the general nature of the complaint before commencing the investigation; and

    • (b) a complaints officer must carry out the initial investigation of the complaint and recommend to the chairperson of investigating committees that the complaint proceed or be dismissed on a ground in rule 62; and

    • (c) the complaints officer, or chairperson of investigating committees, may seek to verify the information provided in the complaint by a statutory declaration from the complainant; and

    • (d) after considering the complaints officer's recommendation, the chairperson must decide whether the complaint should proceed or should be dismissed on a ground in rule 62.

64 Board must notify and implement decision
  • The Board must—

    • (a) notify the complainant and the person complained about of the decision under rule 63 and the reasons for the decision; and

    • (b) unless the chairperson of investigating committees decides that the complaint should be dismissed, appoint an investigating committee under rule 90 and refer the complaint to that committee.

Investigation of complaint or inquiry by investigating committee

65 Investigating committee must determine whether or not to refer complaint or inquiry to disciplinary committee
  • An investigating committee must, as soon as practicable after receiving a complaint or inquiry, investigate the matter and make a recommendation to the Board under rule 68.

66 Powers of investigating committee
  • An investigating committee may—

    • (a) make, or appoint a person to make, any preliminary inquiries it considers necessary:

    • (b) engage counsel to advise the committee on matters of law, procedure, and evidence:

    • (c) request the person complained about or the complainant to provide to the committee, within a specified period of at least 20 working days that the committee thinks fit, any documents, things, or information that are in the possession or control of the person and that, in the opinion of the committee, are relevant to the investigation:

    • (d) take copies of any documents provided to it:

    • (e) receive any evidence that the committee thinks fit.

67 Investigating committee may explore alternative dispute resolution for complaints
  • (1) Before making the recommendation under rule 68 on a complaint, the investigating committee may explore, with the complainant and the person complained about, the possibility of the complaint being referred to conciliation, mediation, arbitration, or another dispute resolution process.

    (2) If a complaint is referred to a dispute resolution process under subclause (1) and the complainant and person complained about fail to resolve the dispute within 60 working days of the reference, or within any other time period that the investigating committee thinks fit, the investigating committee must make the recommendation under rule 68 on the complaint.

68 Investigating committee must make recommendation to the Board
  • An investigating committee must, as soon as practicable after completing an initial investigation of a complaint or inquiry, make a recommendation to the Board to—

    • (a) refer the matter to a disciplinary committee; or

    • (b) dismiss the matter on a ground in paragraphs (a) to (g) of rule 62.

69 Board must give person complained about opportunity to respond
  • If the Board proposes to refer a complaint or inquiry to a disciplinary committee, the Board must—

    • (a) notify the person complained about of the reasons for the proposed decision; and

    • (b) give the person complained about a reasonable opportunity to make submissions on the matter.

70 Way in which Board's decision must be made
  • The Board's decision on a complaint or inquiry must be made in the following way:

    • (a) the Board must make its decision as soon as practicable, but may delay making the decision until the outcome is known of any other legal proceedings that may affect its findings; and

    • (b) if the Board is not unanimous, the decision of the majority of the Board is the decision of the Board.

71 Board must notify and implement decision
  • The Board must—

    • (a) notify the complainant and the person complained about of the decision under rule 70 and the reasons for the decision; and

    • (b) if the decision is to refer the complaint to a disciplinary committee, appoint a disciplinary committee under rule 91 and refer the matter to that committee.

Disciplinary committee

72 Disciplinary committee must determine complaint or inquiry
  • A disciplinary committee must, as soon as practicable after receiving a complaint or inquiry, hear the matter and decide—

    • (a) whether or not there are grounds for disciplining the person complained about under section 25 of the Act; and

    • (b) if so, what recommendation to make to the Board about any penalty to be imposed by the Board under section 26 of the Act.

73 Powers of disciplinary committee
  • A disciplinary committee may—

    • (a) make, or appoint a person to make, any preliminary inquiries it considers necessary:

    • (b) engage counsel, who may be present at a hearing of the committee, to advise the committee on matters of law, procedure, and evidence:

    • (c) request the person complained about or the complainant to provide to the committee, within a specified period of at least 20 working days that the committee thinks fit, any documents, things, or information that are in the possession or control of the person and that in the opinion of the committee are relevant to the investigation:

    • (d) take copies of any documents provided to it:

    • (e) request the person complained about or the complainant to attend before the committee, at that person's own cost, on at least 20 working days' notice:

    • (f) receive any evidence that the committee thinks fit:

    • (g) receive evidence on oath or otherwise in accordance with section 30 of the Act:

    • (h) use the power to summon witnesses under section 31 of the Act:

    • (i) provide information to assist the complainant and the person complained about in obtaining counsel or other advocacy assistance.

74 Way in which disciplinary committee must consider disciplinary matter
  • (1) Before making the decision under rule 72 on a complaint or inquiry, the disciplinary committee must—

    • (a) send details of the complaint or inquiry to the person complained about; and

    • (b) invite him or her to respond in writing to the complaint or inquiry within a specified period (which must be at least 20 working days); and

    • (c) give the complainant, the person complained about, and any person alleged to be aggrieved (if not the complainant) at least 30 working days' notification of—

      • (i) the time and place of the hearing; and

      • (ii) the right of those persons to be heard and represented at the hearing; and

    • (d) advise each of the persons in paragraph (c) that the person must notify the committee within a specified period (which must be at least 20 working days) if the person wishes to be heard by the committee on the complaint or inquiry.

    (2) The complainant, the person complained about, and any person alleged to be aggrieved have the right to be heard and represented at the hearing.

75 Way in which disciplinary committee's decision must be made
  • The disciplinary committee's decision on a complaint or inquiry must be made in the following way:

    • (a) the committee must make its decision as soon as practicable, but may delay making the decision until the outcome is known of any other legal proceedings that may affect its findings; and

    • (b) the decision of a majority of the members of the committee, or if the members are equally divided in opinion the decision of the chairperson or alternate chairperson, is the decision of the committee; and

    • (c) the committee must detail its decision to the Board in a recommendation including the recommendation with respect to any penalty under section 26 of the Act.

76 Board must make decision on disciplinary committee's recommendations
  • The Board must, after considering the disciplinary committee's recommendations and the relevant facts presented,—

    • (a) decide to confirm the recommendations; or

    • (b) decide to vary a recommendation of the committee after complying with rule 77.

77 Board must meet additional requirements if varying recommendation
  • The Board may only vary a recommendation of the disciplinary committee if first—

    • (a) the Board requires the disciplinary committee to reconsider the recommendation for the reasons given by the Board; and

    • (b) the disciplinary committee reconsiders the recommendation, carries out any further steps considered necessary under rule 74, and reports back on whether or not the recommendation should be amended; and

    • (c) the Board considers the reconsidered recommendation.

78 Board must notify and implement decision
  • (1) The Board must—

    • (a) notify the complainant and the person complained about of the disciplinary committee's recommendation under rule 75 and the Board's decision under rule 76, the reasons for the recommendation and decision, and their rights of appeal under the Act; and

    • (b) implement any part of the Board's decision that requires actions by it.

    (2) However, the Board must not implement an action taken under section 25 of the Act until the expiry of a period of at least 20 working days after notifying the complainant of the Board's decision.

Part 5
Persons carrying out delegated functions and powers under rules

General provisions

79 Persons carrying out delegated functions and powers under rules
  • (1) The Board may delegate to the following persons, under clause 33 of the Schedule of the Act, the functions and powers given to those persons by these rules:

    • (a) assessors and assessment panels appointed under rule 83:

    • (b) evaluation panels and evaluators appointed under rule 85:

    • (c) competency assessment reviewers appointed under rule 86:

    • (d) complaints officers appointed under rule 87:

    • (e) the chairperson and alternate chairpersons of the investigation and disciplinary committees appointed under rule 89:

    • (f) investigating committees appointed under rule 90:

    • (g) disciplinary committees appointed under rule 91.

    (2) This rule does not limit clause 33 of Schedule 1 of the Act.

80 General provisions about procedures of persons carrying out decision-making functions
  • (1) Every person or body that carries out decision-making functions under these rules must—

    • (a) give reasons for its decisions under these rules; and

    • (b) observe the rules of natural justice.

    (2) Except as otherwise provided in the Act or these rules, that person or body of persons may regulate its own procedure as it thinks fit.

81 Rules do not limit Board's power to carry out delegated functions, duties, and powers
  • The fact that the rules give a function, duty, or power to a person does not prevent the Board from performing the function or duty, or exercising the power.

82 General provisions about appointments, revocations of appointments, and resignations under this Part
  • (1) The Board may appoint a person to a role under this Part by resolution and written notice to him or her.

    (2) The Board may, at any time,—

    • (a) revoke a person's appointment to a role under this Part by resolution and written notice to him or her:

    • (b) reconstitute any body of persons appointed under this Part by resolution and written notice to that body:

    • (c) require a person appointed to a role under this Part not to participate in a matter if the Board considers that, due to a conflict of interest or otherwise, it would be inappropriate for that person to participate in his or her role in respect of that matter.

    (3) Any person appointed to a role under this Part may resign from that role by written notice to the Board.

Persons with delegated functions relating to registration

83 Assessment panels and assessors
  • (1) The Board may appoint, for a particular case or class of cases, an assessment panel consisting of 1 or more assessors.

    (2) The Board must appoint assessors who—

    • (a) are registered architects and possess the appropriate current industry skills, learning, and experience; or

    • (b) have qualifications or experience that the Board considers relevant to the subject matter of the case.

84 Procedures of assessment panel
  • (1) Where an assessment panel consists of 2 assessors, the panel must act unanimously in making decisions.

    (2) If an assessment panel of 3 or more members is not unanimous, the decision of the majority of the panel is the decision of the panel.

85 Evaluation panel and evaluators
  • (1) The Board may appoint, for a particular case or class of cases, an evaluation panel consisting of 1 or more evaluators.

    (2) The Board must appoint evaluators who have qualifications or experience that the Board considers relevant to the subject matter of the case.

86 Competency assessment reviewer
  • (1) The Board may appoint, for a particular case or class of cases, a competency assessment reviewer.

    (2) The Board must appoint competency assessment reviewers who—

    • (a) are registered architects; or

    • (b) have other qualifications or experience that the Board considers relevant to the subject matter of the case.

Persons with delegated functions relating to disciplinary matters

87 Complaints officers
  • (1) The Board may appoint, for a particular case or class of cases, a complaints officer.

    (2) The Board must appoint complaints officers who—

    • (a) are registered architects; or

    • (b) have other qualifications or experience that the Board considers relevant to the subject matter of the case.

    (3) In appointing a complaints officer for a case or class of cases, the Board must select a person who does not have a conflict of interest on the case or class of cases.

88 Board must keep list of persons who may be members of investigating committees and disciplinary committees
  • (1) The Board must keep a list of persons who may be members of investigating committees and disciplinary committees.

    (2) The Board must select persons for the list who are registered architects and, in selecting persons, must have regard to—

    • (a) the extent of their experience in, and knowledge of, architecture and the building industry; and

    • (b) their experience in competency assessments; and

    • (c) their experience in hearing complaints relating to architecture or other professions.

89 Chairpersons and alternate chairpersons of investigating committees and disciplinary committees
  • (1) The Board must appoint persons from the list kept under rule 88 to be—

    • (a) the chairperson of investigating committees, and the alternate chairperson of investigating committees; and

    • (b) the chairperson of disciplinary committees, and the alternate chairperson of disciplinary committees.

    (2) The Board may appoint more than 1—

    • (a) alternate chairperson of investigating committees; and

    • (b) alternate chairperson of disciplinary committees.

    (3) An appointment—

    • (a) is for the term specified by the Board on making the appointment, up to a maximum term of 2 years; and

    • (b) may be renewed, but no person may be appointed for more than 3 consecutive terms.

    (4) An alternate chairperson has all the functions, duties, and powers of the chairperson under these rules if—

    • (a) there is no chairperson or, for any reason, the chairperson is unable to perform and exercise his or her functions, duties, and powers as chairperson; or

    • (b) in relation to a particular matter,—

      • (i) the Board refers the matter to the alternate chairperson instead of the chairperson; or

      • (ii) the chairperson considers it not proper or desirable to participate personally in relation to the matter.

90 Investigating committee
  • (1) The Board may appoint, for a particular case or class of cases, an investigating committee consisting of—

    • (a) the chairperson or an alternate chairperson of investigating committees; and

    • (b) 1 other person from the list kept under rule 88; and

    • (c) 1 person who is not an architect and who is acting as a representative of consumer interests.

    (2) Two members of an investigating committee appointed under subclause (1) must be Board members.

    (3) In appointing a member to an investigating committee for a case or class of cases, the Board must endeavour to select a person who does not have a conflict of interest on the case or class of cases.

91 Disciplinary committee
  • (1) The Board may appoint, for a particular case or class of cases, a disciplinary committee consisting of—

    • (a) a chairperson or alternate chairperson; and

    • (b) 1 other person from the list kept under rule 88; and

    • (c) 1 person who is not a registered architect and who is acting as a representative of consumer interests; and

    • (d) 1 person nominated by the Building Practitioners Board.

    (2) The Board may appoint, for a particular case or class of cases, a further 2 persons to a disciplinary committee if the Board considers it appropriate or necessary in the circumstances.

    (3) Appointments to a disciplinary committee under subclause (2) must consist of—

    • (a) 1 other person from the list kept under rule 88; and

    • (b) 1 other person who is not a registered architect.

    (4) Whether a disciplinary committee consists of the persons described in subclause (1), or the persons described in subclause (1) together with persons appointed under subclause (2), 2 members of the disciplinary committee must also be Board members.

    (5) In appointing a member to a disciplinary committee for a case or class of cases, the Board must endeavour to select a person who does not have a conflict of interest on the case or class of cases.

Part 6
Rule-making procedure

92 Definition of publish for purpose of rule 93
  • For the purposes of rule 93,—

    publish means publish by all or any of the following means:

    • (a) on a website maintained by the Board:

    • (b) by specifically notifying registered architects:

    • (c) in journals for registered architects:

    • (d) by any other means that the Board considers necessary or desirable to give notice to registered architects and other persons whom it reasonably considers to be representative of other persons or classes of persons affected by the proposed rule.

93 Procedure for making, amending, or revoking rules
  • (1) Before the Board makes a rule, it must—

    • (a) publish—

      • (i) the terms of the proposed rule; and

      • (ii) the reasons for its proposal; and

    • (b) consult with registered architects and any persons that it reasonably considers to be representative of other persons or classes of persons affected by the proposed rule.

    (2) The requirements of this rule that apply to making a rule apply also to any amendment or revocation of a rule.

94 Exception for cases of urgency
  • Rule 93(1)(a) and (b) does not apply if the Board considers that it is necessary or desirable in the public interest that the rule be made urgently, but in this case it must comply with those paragraphs to the extent it considers practicable given the urgency.


Schedule 1
Information that must be contained in form for assessments

rr 8, 24

An assessment form for an applicant for registration or candidate for continued registration must contain the following information:

  • (a) the full name of the person; and

  • (b) the person's current address and contact phone numbers; and

  • (c) the person's date and place of birth; and

  • (d) whether or not the person consents to his or her contact details being included on the register and, if so, the appropriate contact details; and

  • (e) the contact details of 2 independent referees; and

  • (f) whether the assessment is for initial registration or continued registration; and

  • (g) details of any convictions of the person by any court in New Zealand or elsewhere for an offence punishable by imprisonment for a term of 6 months or more.

Schedule 2
Charges for services

rr 8, 15, 17, 24A, 35

  • Schedule 2: substituted, on 12 March 2010, by rule 17 of the Registered Architects Amendment Rules 2010 (SR 2010/52).

Initial registration

Charge Amount (incl GST)
($)
Application for initial registration, if there is an interactive assessment 2036.25
Application for initial registration, if there is no interactive assessment 618.75
Application for initial registration, if the applicant was previously registered as a registered architect or as an architect under the Act or the Architects Act 1963 618.75
Equivalency assessment 1687.50
Equivalency assessment, if there is no interactive assessment 506.25

Certificates of registration

Charge Amount (incl GST)
($)
Certificate of registration issued for a period of 1 year, or a period less than 1 year but greater than 6 months 551.25
Certificate of registration issued for a period of 6 months or less 275.62

Continued registration

Charge Amount (incl GST)
($)
Assessment for continued registration in accordance with rules 25 to 29 if there is no interactive assessment 112.50
Interactive assessment under rule 26 506.25

Review of registration assessment procedures

Charge Amount (incl GST)
($)
Review of registration assessment procedures 843.75

Dated at Wellington this 23rd day of June 2006.

R Pynenburg,
Chairperson.

Deborah Cranko,
Deputy Chairperson.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 June 2006.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Registered Architects Rules 2006. The reprint incorporates all the amendments to the rules as at 12 March 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)