Dated at Wellington this 19th day of May 2015.
This note is not part of the rules, but is intended to indicate their general effect.
Rules 7 and 8 amend rules 7 and 21, which set out minimum standards for registration and continued registration as a registered architect. These are substantial changes. The main changes are that—
the detailed set of competencies in rule 7(2)—in particular, competencies related to the creation of a complex building design and implementation of a complex building design project—are replaced with more general competencies. The definition of complex building (rule 6) is consequentially revoked (by rule 6):
the assessment of competency for continued registration becomes linked to the architect’s practice area. This reflects the fact that many architects tend to specialise. Rule 4(2) inserts a definition of practice area into the principal rules. And a new competency is introduced (new rule 21(2)(b)), designed to measure an architect’s ability to recognise those areas in which he or she is qualified to practise.
Rule 9 replaces the disciplinary procedures for registered architects. This is another substantial change, designed to streamline the procedure for resolving complaints. The main changes are that—
complaints will not be subject to an initial investigation. The role of the complaints officer, and the role of the chairperson of investigating committees in an initial investigation, is consequentially disestablished:
there are fewer grounds for dismissing a complaint without referring it to an investigating committee:
complaints will not be referred to a disciplinary committee (and the role of the disciplinary committee is disestablished). Instead, the New Zealand Registered Architects’ Board (the Board), after considering an investigating committee’s report, may dismiss the complaint or refer it to a disciplinary hearing. A disciplinary hearing will be a meeting of the Board:
in the past the Board has been required to give the person complained about the opportunity to respond to a proposal by the Board to refer a complaint or an inquiry to a disciplinary committee. This requirement is not replicated in the new disciplinary procedures. The rules ensure that the person complained about, when invited to make a written submission to the investigating committee on the complaint, is advised that this may be his or her only opportunity to make a submission before the matter is referred to a disciplinary hearing (see new rule 65(c)).
Rules 10 to 15 amend Part 5 of the principal rules. Some of the changes revoke rules that relate to disestablished roles in the disciplinary process (eg, complaints officer and disciplinary committees), but there are also some changes to the rules relating to investigating committees. For instance, there is no longer a requirement for the Board to keep a list of persons who may be members of investigating committees, and investigating committee decisions must generally be by majority.
Rules 16 and 17 and the Schedule relate to transitional, savings, and related provisions. The main effect of these provisions on registration and continued registration is to preserve the minimum standards in the principal rules before amendment by these rules for applications for registration, continued registration, or reinstatement of suspended registration received before 1 July 2015, but not decided before that date. The main effect on complaints and inquiries is that the disciplinary procedures in the principal rules before amendment by these rules will continue to apply to complaints and inquiries received or commenced before the commencement of rule 9 (which replaces the disciplinary procedures).
Date of notification in Gazette: 28 May 2015.
These rules are administered by the Ministry of Business, Innovation, and Employment.