Building Act 2004

318 Disciplinary penalties

(1)

In any case to which section 317 applies, the Board may—

(a)

do both of the following things:

(i)

cancel the person’s licensing and direct the Registrar to remove the person’s name from the register; and

(ii)

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

(b)

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

(c)

restrict the type of building work or building inspection work that the person may carry out or supervise under the person’s licensing class or classes and direct the Registrar to record the restriction in the register:

(d)

order that the person be censured:

(e)

order that the person undertake training specified in the order:

(f)

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

(2)

The Board may take only 1 type of action in subsection (1)(a) to (d) in relation to a case, except that it may impose a fine under subsection (1)(f) in addition to taking the action under subsection (1)(b) or (d).

(3)

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

(4)

In any case to which section 317 applies, the Board may order that the person must pay the costs and expenses of, and incidental to, the inquiry by the Board.

(5)

In addition to requiring the Registrar to notify in the register an action taken by the Board under this section, the Board may publicly notify the action in any other way it thinks fit.

Compare: 2002 No 17 s 23

Section 318(1)(a)(i): amended, on 15 March 2008, by section 81(1) of the Building Amendment Act 2008 (2008 No 4).

Section 318(1)(b): amended, on 15 March 2008, by section 81(2) of the Building Amendment Act 2008 (2008 No 4).

Section 318(1)(c): amended, on 15 March 2008, by section 81(3) of the Building Amendment Act 2008 (2008 No 4).