Registered Architects Amendment Rules 2017

2017/297

Coat of Arms of New Zealand

Registered Architects Amendment Rules 2017

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

(a)

after complying with section 68 of that Act; and

(b)

after the approval of the Minister for Building and Construction required by section 69 of that Act; and

(c)

after publishing and consulting as required by rule 93 of the Registered Architects Rules 2006.

Rules

1 Title

These rules are the Registered Architects Amendment Rules 2017.

2 Commencement

(1)

Rules 6 and 7 come into force on the day after the date of their notification in the Gazette.

(2)

The rest of these rules come into force on 1 January 2018.

3 Principal rules

These rules amend the Registered Architects Rules 2006 (the principal rules).

4 Rule 24A revoked (Charges for assessment for continued registration)

Revoke rule 24A.

5 Part 3 replaced

Replace Part 3 with:

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

46 Uphold the law

A registered architect must abide by the laws and professional codes of ethics and conduct in force in the countries and jurisdictions in which the architect performs professional activities.

47 Honesty and fairness

A registered architect must perform the architect’s professional activities with both—

(a)

honesty; and

(b)

fairness.

48 Professional judgement

A registered architect must exercise unprejudiced and unbiased professional judgement.

49 Skill, care, and diligence

(1)

A registered architect must perform the architect’s professional activities with reasonable skill, care, and diligence.

(2)

A registered architect who becomes aware that the architect’s professional advice has not been followed, and considers that a failure to follow that advice may lead to significant harm, damage, or financial loss, must advise the recipient of the advice of the potential consequences.

50 Obligations to report on risk

If a registered architect has reasonable grounds to believe that an architectural matter with which the architect is professionally involved could put the safety of any person at risk, the architect must bring the matter to the attention of the appropriate person or authority.

51 Misrepresentation

A registered architect must not represent or promote the architect’s capability, business, or professional services and activities in a false, fraudulent, misleading, or deceptive manner.

52 Conflicts of interest

A registered architect must—

(a)

avoid any significant conflict of interest; or

(b)

manage any significant actual or potential conflict of interest and disclose it to all relevant parties.

53 Abuse of authority

A registered architect must not abuse the architect’s professional authority.

54 Malicious criticism

A registered architect must not maliciously or in bad faith criticise or attempt to discredit another registered architect or another registered architect’s practice.

55 Conflicts of professional appointment

If a registered architect, acting in the architect’s own capacity or representing a practice, is approached to provide professional services in relation to a project, and the architect knows that another registered architect has a current agreement for services for that project, the architect must notify the other registered architect.

56 Remuneration and inducements

A registered architect, in respect of the architect’s professional activities,—

(a)

must be remunerated solely by the fees and benefits specified in the architect’s written terms of appointment or employment agreement; and

(b)

must not offer or accept any significant inducement that creates, or may create, a conflict of interest; and

(c)

must not offer any significant inducement to procure an agreement for services or gain an unfair advantage.

57 Professional reputation

A registered architect must—

(a)

build the architect’s professional reputation on the merits of the architect’s own performance; and

(b)

acknowledge the contributions of others to projects where those contributions are significant.

58 Competence

A registered architect must—

(a)

actively maintain the currency of the architectural knowledge and skills that are relevant to the architect’s work; and

(b)

perform only architectural work for which the architect is competent, or obtain appropriate support to ensure that the work is completed to a competent standard; and

(c)

if the architect tasks others to do architectural work, ensure that their work is appropriately supervised so that the work is completed to a competent standard.

58A Terms of appointment

(1)

A registered architect must provide professional services only if—

(a)

written terms of appointment appropriate to the commission or services to be undertaken have been provided; and

(b)

the client, having agreed to the written terms of appointment, has provided an instruction to proceed.

(2)

The written terms of appointment must cover—

(a)

the scope of the work; and

(b)

the allocation of responsibilities; and

(c)

any limitation of responsibilities; and

(d)

fees, or any methods for calculating fees; and

(e)

how billing will occur.

58B Client communication

A registered architect must—

(a)

ensure that, where applicable, effective systems are in place during a commission to establish and monitor its quality, budget, cost estimates, and time line; and

(b)

advise the client in a timely manner of any significant issues that arise, or are identified, at any time during the commission.

58C Confidentiality

A registered architect must observe the confidentiality of their clients’ affairs and must not disclose confidential information without the prior consent of the client unless required by law to do so.

58D Registration status of others

A registered architect who owns, manages, or controls a practice must ensure that nothing is done by the practice that creates, or may create, the impression that an unregistered person working for the practice is a registered architect.

6 Rule 69 amended (Grounds for not referring complaint or inquiry to disciplinary hearing)

After rule 69(a), insert:

(ab)

there is no real prospect of the Board, at a disciplinary hearing, being satisfied that there are grounds under section 25(1)(a) to (d) of the Act for disciplining the person complained about; or

7 New rule 71A inserted (Board may reverse decision in certain circumstances)

After rule 71, insert:

71A Board may reverse decision in certain circumstances

(1)

The Board may reverse its decision under rule 68(a) to refer a matter to a disciplinary hearing at any time before the hearing starts.

(2)

The Board may reverse its decision only if the Board is satisfied that,—

(a)

after the Board made its decision under rule 68,—

(i)

evidence became available to the Board that was not available to it when it made its decision; or

(ii)

circumstances relevant to the decision changed; and

(b)

had that evidence been available, or had the new circumstances existed, at the time the Board made its decision, the Board would have been justified in dismissing the matter on a ground in rule 69 (as in force at the time of the Board’s decision).

8 New clause 3 of Schedule 1AA inserted

In Schedule 1AA, after clause 2, insert the clause 3 set out in Schedule 1 of these rules.

9 Schedule 2 replaced

Replace Schedule 2 with the Schedule 2 set out in Schedule 2 of these rules.

Schedule 1 New clause 3 of Schedule 1AA inserted

r 8

3 Provisions relating to Registered Architects Amendment Rules 2017

(1)

In this clause, 2017 amendment rules means the Registered Architects Amendment Rules 2017.

Charges for certificates of registration

(2)

Schedule 2, as inserted by the 2017 amendment rules, applies to all certificates of registration for which an application is made on or after 1 January 2018.

Charges for assessment for continued registration

(3)

Rule 24A and Schedule 2, as in force immediately before 1 January 2018, continue to apply in relation to an assessment of a person’s continued registration if the person received notice of the assessment under rule 23 before 1 January 2018.

Code of minimum standards of ethical conduct for registered architects

(4)

Part 3, as in force immediately before 1 January 2018, continues to apply, and Part 3, as inserted by the 2017 amendment rules, does not apply, to conduct occurring before 1 January 2018.

(5)

Rule 49(2) applies if the architect became aware, before 1 January 2018, that the architect’s advice was not being followed (as long as, on or after 1 January 2018, the architect remains professionally involved in the relevant project).

(6)

Rule 50 applies if the architect had reasonable grounds, before 1 January 2018, to believe that an architectural matter with which the architect was professionally involved could put the safety of any person at risk (as long as, on or after 1 January 2018, the architect still holds that belief and remains professionally involved in the relevant project).

(7)

Rule 53, as in force immediately before 1 January 2018, continues to apply, and rule 52, as inserted by the 2017 amendment rules, does not apply, to circumstances known to the architect before 1 January 2018 that could be construed as creating a conflict of interest.

(8)

Rule 58(c) applies to work done on or after 1 January 2018, even if, before 1 January 2018, the architect tasked others to do that work.

(9)

Rule 50, as in force immediately before 1 January 2018, continues to apply, and rule 58A does not apply, to professional work—

(a)

undertaken in accordance with terms of appointment agreed before 1 January 2018; or

(b)

otherwise started before 1 January 2018.

(10)

Rule 58B applies on and from 1 January 2018 to a commission entered into before 1 January 2018.

Complaints and inquiries

(11)

Rule 69(ab) applies to a complaint or an inquiry in respect of which the investigating committee provides a report to the Board under rule 66(1)(b) on or after 1 January 2018.

(12)

Rule 71A applies in relation to a complaint or an inquiry in respect of which the Board made its decision under rule 68 before, on, or after 1 January 2018.

Schedule 2 Schedule 2 replaced

r 9

Schedule 2 Charges for services

rr 8, 15, 17, 35

Initial registration

ServiceAmount (incl GST) ($)
Application for initial registration, if it is the applicant’s first application and there is an interactive assessment1,200.60
Application for initial registration, if it is not the applicant’s first application and there is an interactive assessment600.30
Application for initial registration, if there is no interactive assessment632.50
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 1963632.50
Equivalency assessment517.50

Certificates of registration

ServiceAmount (incl GST) ($)
Certificate of registration issued for a period of 11 months or less on initial registration or after period of suspension53.70 (per month or part of a month)
Certificate of registration (all other cases)644.00

Review of registration assessment procedures

ServiceAmount (incl GST) ($)
Review of registration assessment procedures500.20

Dated at Wellington this 11th day of December 2017.

Warwick Bell,
Chairperson.

Mark Woodbury,
Board member.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules amend the Registered Architects Rules 2006 (the principal rules). They replace the “code of minimum standards of ethical conduct for registered architects” with an updated code. New obligations for registered architects include,—

  • if the architect’s advice is not followed, an obligation to advise the recipient of the advice of any risk of significant harm or damage that may result:

  • an obligation to report any architectural matter with which the architect is professionally involved that could put the safety of any person at risk:

  • an obligation to provide professional services only after written terms of appointment are agreed:

  • an obligation to advise clients of significant issues in a timely manner.

These rules also amend the principal rules to—

  • add a new ground for dismissing a complaint or an inquiry without referring it to a disciplinary hearing (the new ground allows the complaint or inquiry to be dismissed if there is no real prospect of disciplinary action):

  • allow the Board to reverse a decision to refer a complaint or an inquiry to a disciplinary hearing if new evidence becomes available or circumstances change:

  • remove the charges for assessment for continued registration:

  • apply a charge of $53.70 per month for certificates of registration issued for less than 11 months. The charge per month applies only on initial registration or after a period of suspension (in all other cases, a charge of $644 applies).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 December 2017.

These rules are administered by the Ministry of Business, Innovation, and Employment.