establishes a registration system for registered architects, under which persons who wish to be registered architects must meet minimum standards to be, and continue to be, registered:

requires a code of ethics and a complaints and disciplinary process to apply to registered architects:

establishes a statutory body to carry out the functions relating to the registration system, the code of ethics, and the complaints and disciplinary process:

repeals the Architects Act 1963.

is registered; and

holds a current certificate of registration.

the title “registered architect” ; or

any words, initials, or abbreviations of that title that are intended to cause, or that may reasonably cause, any person to believe that the person using those words, initials, or abbreviations is a registered architect.

that he or she meets the applicable minimum standards for registration; and

that he or she is not precluded from being registered because of any action taken by the Board under section 26.

register the applicant; and

notify the applicant that he or she is registered; and

issue to the applicant a certificate of registration; and

enter the applicant’s name in the register.

decline the application; and

notify the applicant of its decision and the reasons for it; and

notify the applicant of his or her right of appeal against the decision.

suspend the person’s registration until the person satisfies the Board that he or she meets those standards; and

record the suspension in the register.

cancel the person’s registration; and

remove the person’s name from the register.

if the person dies; or

if the person, by written notice, requests the Board to cancel his or her registration; or

in accordance with section 13(2) (consequences of failure to meet applicable minimum standards for registration); or

in accordance with section 26(1) (disciplinary penalties); or

in accordance with section 27 (non-payment of fines or costs).

section 13(1) (consequences of failure to meet applicable minimum standards for registration); or

section 26(1) (disciplinary penalties); or

section 27 (non-payment of fines or costs).

enter in the register—

make any other entries in the register that may be required, permitted, or directed to be entered by or under this Part.

to enable members of the public to—

to facilitate the administrative, disciplinary, and other functions of the Board under this Act.

as an electronic register; and

in any other manner that the Board thinks fit.

information about the status and history of the person’s registration, particularly—

the person’s contact details, including any electronic contact details, if the person has consented to the register showing these details; and

any other information that the Board considers necessary or desirable for the purpose of the register.

whether a registration is suspended; and

if paragraph (a) applies,—

keep the register open for public inspection, without fee, during reasonable hours at the head office of the Board and at any other place that the Board determines to be necessary or appropriate; and

supply to a person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy.

reflect any changes in the name of a registered architect or the information specified in section 21; or

correct a mistake caused by any error or omission on the part of the Board or any person to whom the Board has delegated its functions, duties, or powers.

decide whether to proceed with the complaint in accordance with the rules; and

if it decides to proceed with the complaint, appoint 1 or more persons in accordance with the rules to investigate, and report on, the complaint; and

determine the complaint in accordance with the rules after considering the report of that investigator or of those investigators (as the case may be).

both of the following matters apply:

a registered architect has breached the code of ethics contained in the rules; or

a registered architect has practised as a registered architect in a negligent or incompetent manner; or

a registered architect has, for the purpose of obtaining registration (either for himself or herself or for any other person),—

do both of the following things:

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

order that the person be censured:

order that the person may, for a period not exceeding 3 years, practise only subject to any conditions as to employment, supervision, or otherwise that the Board may specify in the order:

order that the person undertake training specified in the order:

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

it may impose a fine under subsection (1)(f) in addition to taking the action under subsection (1)(b) or (c) or (e); or

it may order that a person be censured in addition to taking the action under subsection (1)(d) or (e) or (f).

must notify the Registrar of Licensed Building Practitioners appointed under the Building Act 2004 of the action and the reasons for it; and

may publicly notify the action in any other way that it thinks fit.

cancel the person’s registration and remove the person’s name from the register; or

suspend the person’s registration until the person pays the money and, if he or she does not do so within 12 months, cancel his or her registration and remove his or her name from the register.

give written notice of, and reasons for, its decision to any person to whom the decision relates; and

observe the rules of natural justice; and

comply with any applicable procedures under the rules; and

comply with any regulations made under section 77.

receive evidence on oath (and for that purpose a member of the Board or an employee of the Board may administer an oath):

permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath, statutory declaration, or otherwise.

the evidence of the witness is or may be material to the hearing of a disciplinary matter by the Board; and

it is necessary or desirable that the summons be issued to compel the attendance of the witness at the hearing.

give evidence:

give evidence under oath:

produce documents, things, or information, or any specified documents, things, or information, in the possession or control of that person that are relevant to the hearing.

the date and time when, and the place where, the person must attend; and

the documents, things, or information that the person is required to bring and produce to the Board; and

the entitlement to be tendered or paid a sum in respect of witnesses’ fees, allowances, and expenses; and

the penalty for failing to attend.

by delivering it personally to the person summoned; or

by posting it to the person summoned at that person’s usual place of residence.

if it is to be served under subsection (1)(a), be served at least 48 hours before the attendance of the witness is required:

if it is to be served under subsection (1)(b), be served at least 10 days before the attendance of the witness is required.

fails to attend in accordance with the summons; or

does not give evidence when required to do so; or

does not give evidence under oath when required to do so; or

does not answer any question that is lawfully asked by the Board; or

does not provide any documents, things, or information that the summons requires the person to provide.

provides documents, things, or information to the Board in relation to a disciplinary matter; or

gives evidence or answers questions at a hearing of the Board in relation to a disciplinary matter.

decline to register the person as a registered architect; or

suspend or cancel his or her registration; or

take any action referred to in section 26.

must be brought to the District Court by way of notice of appeal in accordance with the rules of court; and

must be lodged within 20 working days after notice of the decision or action is communicated to the appellant, or within any further time a District Court Judge allows on application made before or after the period expires.

may confirm, reverse, or modify the decision or action appealed against; and

may make any other decision or take any other action that the person or body that made the decision or took the action appealed against could have made or taken.

any part of a decision or action not appealed against; or

any decision or action not appealed against at all.

must state its reasons for the direction; and

may give any other directions it thinks just in relation to the matter referred back for reconsideration.

must reconsider the matter; and

in doing so, must—

the interests of any person (including, without limitation, the privacy of any complainant); and

the public interest.

so far as it is applicable and with all necessary modifications; but

only so far as it relates to appeals on questions of law.

is a body corporate; and

is accordingly a legal entity in its own right separate from its members, office holders, and the Crown.

has the capacity, rights, powers, and privileges of a natural person; and

has the statutory powers conferred by this Act and any other Act.

to make, and from 1 July 2006 always have, rules relating to registered architects that are prepared and approved in accordance with this Part:

to register persons, issue certificates of registration, assess whether persons meet the requirements for continued registration, and perform the other functions relating to registration in accordance with Part 2:

to keep and maintain the register and carry out the other functions relating to the register in accordance with Part 2:

to receive, investigate, and hear complaints about, inquire into the conduct of, and discipline, registered architects in accordance with Part 2:

to provide information to the public about the registration system for registered architects:

to perform any functions or duties, or exercise any powers, that are delegated to the Board under any other enactment.

a maximum of 4 people nominated by the New Zealand Institute of Architects; and

a maximum of 4 other persons.

having regard to the functions, duties, and powers of the Board; and

because of that person’s knowledge, experience, or expertise.

perform any of the Board’s functions or duties, or exercise any of the Board’s powers, that are delegated to the committee under clause 33 of the Schedule:

inquire into, and report to the Board on, any matters within the scope of the Board’s functions, duties, or powers that are referred to the committee by the Board.

a report on operations, including the information that is necessary to enable an informed assessment to be made of the Board’s performance during the financial year; and

financial statements and a statement of responsibility prepared in accordance with section 60; and

the auditor’s report in accordance with section 61; and

the number of registered architects at the end of the financial year; and

the number of persons whom the Board registered and the number of persons whom the Board declined to register during the financial year; and

the number of persons whose registration was cancelled, or whose registration was suspended under section 15, during the financial year; and

the number of persons against whom the Board took disciplinary action during the financial year; and

the amount of the fee for an application for registration or renewal of registration that is set by the Board during the financial year.

completed in relation to the Board and that financial year; and

dated and signed on behalf of the Board by 2 members of the Board.

contain a statement of the Board’s responsibility for the preparation of the financial statements and the judgments in them; and

contain a statement of the Board’s responsibility for establishing and maintaining a system of internal control that is designed to provide reasonable assurance as to the integrity and reliability of financial reporting.

publicly notify that the report has been given to the Minister and where copies of the report may be inspected and purchased; and

make copies of the report available to the public at the place set out in the public notification, on request, for inspection free of charge and for purchase at a reasonable cost.

withholding the information is necessary to protect the privacy of any person (including a deceased person); or

there would, under the Official Information Act 1982, be good reason for withholding the information if—

the information relates to a particular matter in respect of which the Board or any person appointed or employed by the Board is required to act judicially.

minimum standards of competence (including standards relating to knowledge and skills) that must be met; and

minimum standards for demonstrating current competence that must be met for continued registration, and for the frequency at which assessments of current competence must be carried out; and

a code of minimum standards of ethical conduct for registered architects.

the form of words, initials, and abbreviations that may be used to represent a person as a registered architect (without limiting any others that may be used consistently with this Act):

the form of words, initials, and abbreviations that must be used if the title “registered architect” (or words, initials, or abbreviations of that title to which section 7(1)(b) applies) or “architect” is used in representing qualifications or titles awarded by overseas agencies:

the information that must be provided by an applicant for registration, and the way in which this information must be evaluated and decisions on the information must be made and implemented:

the period for which a certificate of registration is to be issued:

the information that must be provided by a registered architect to demonstrate his or her current competence, and the way in which this information must be evaluated and decisions on the information must be made and implemented:

the way in which a proposed cancellation or suspension of registration (that does not relate to a disciplinary matter) is to be considered, decided on, and implemented, and any minimum and maximum periods for suspension:

any additional matters that may be recorded on the register and the process for amending the register:

the charges payable in relation to registration, renewal of registration, and the issue of a certificate of registration, which charges must be reasonable and for the purposes only of recovering the costs of the performance of the functions of the Board under this Act:

the information that must be provided by complainants, and the way in which this information must be evaluated and decisions on whether or not to proceed with the complaint must be made and implemented:

how complaints about the conduct of registered architects or former registered architects must be dealt with, including—

how a matter about the conduct of registered architects or former registered architects that is raised by the Board’s own inquiries must be dealt with:

how decisions on a complaint or inquiry must be implemented:

the making, amendment, and revocation of rules, including the requirements for consultation with persons affected by the rules in the preparation of those proposed rules, amendments, or revocations.

are necessary or desirable to govern the practice and procedure of the Board’s functions under this Act; or

the Board considers to be desirable in the interests of natural justice.

ensure that the proposed rule is consistent with the purposes of this Act; and

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; and

take into account international best practice and New Zealand’s international obligations.

approve it; or

decline to approve it.

the Minister must indicate the grounds on which he or she declines to approve it; and

the Minister must direct the Board to prepare and submit a revised rule; and

the Board must submit a revised rule to the Minister not later than 15 working days after the date on which approval was declined or any later date that the Minister in any case may allow.

approve the rule by written notice to the Board; or

if the Minister considers that the revised rule requires further amendment,—

advise the Board of the Minister’s intention to do so; and

give the Board a reasonable opportunity to make submissions on the matter; and

consider those submissions.

as to whether or not a person is registered at any time:

as to whether or not a person holds a current certificate of registration at any time:

as to any entry in the register:

as to any act or proceeding of the Board or of any committee of the Board.

are payable to the Board:

are recoverable as a debt due to the Board from that person, whether or not he or she remains a registered architect:

may be applied by the Board as it considers appropriate in the performance of its functions and duties, and the exercise of its powers, under this Act.

the Board is established on 1 July 2005:

between 1 July 2005 and 1 July 2006, the rules must be made:

on 1 July 2006,—

between 1 July 2006 and 30 June 2007,—

on 30 June 2007, the transitional period ends.

30 June 2007; or

that person’s registration is cancelled under this Act; or

that person’s current annual practising certificate issued under section 55 of the Architects Act 1963 expires in accordance with section 80(b).

is deemed to be a certificate of registration issued to that person under section 10; and

continues in full force and effect until the earlier of the following:

the Architects Education and Registration Board is dissolved; and

all property of any nature belonging to the Architects Education and Registration Board is vested in the Board, subject to all liabilities, charges, obligations, or trusts affecting the property; and

all money payable to the Architects Education and Registration Board is payable to the Board; and

all liabilities and obligations of any nature (other than under contracts of employment), and all rights and authorities of any nature, of the Architects Education and Registration Board are the liabilities, obligations, rights, and authorities of the Board.

the Architects Act 1963 is repealed:

the Architects Regulations 2002 (SR 2002/398) are revoked:

Amendment(s) incorporated in the Act(s).