(1) There is hereby constituted a board to be called the Plumbers, Gasfitters, and Drainlayers Board.

(2) The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.

(3) On the date of the commencement of this Act the Board shall succeed to the rights, duties, responsibilities, and obligations conferred and imposed immediately before that date on the Plumbers and Gasfitters Board established under the Plumbers and Gasfitters Registration Act 1964.

(4) Notwithstanding anything in the Public Records Act 2005, any public record within the meaning of that Act that, at the commencement of this Act, is in the possession or under the control of the Ministry of Health and that, in the opinion of the Director-General of Health, relates to the registration of plumbers, gasfitters, or drainlayers, may be transferred to and vested in the Board by the Director-General.

(1) The Board consists of—

• (a) Two persons, each of whom must be a craftsman plumber or a registered plumber; and

• (b) Two persons, each of whom must be a craftsman gasfitter or a registered gasfitter; and

• (c) Two registered drainlayers; and

• (d) Four other persons, of whom—

  • (i) One (but not more than 1) may be a registered person; and

  • (ii) One (but not more than 1) may be a representative of a relevant training organisation.

(2) Each member is appointed by the Minister by notice in the Gazette.

(1) Each member takes office from a date specified for that purpose in the notice appointing the member or, if no date is specified in the notice, from the date on which the notice is published in the Gazette.

(2) Each member is appointed for a term of 3 years or such shorter term as is specified in the notice of appointment, and may be reappointed from time to time, but no person is eligible to be a member for more than 9 consecutive years.

(1) Any member of the Board may at any time resign his or her office by giving a notice to that effect to the Minister.

(2) A member of the Board is to be taken to have vacated his or her office if—

• (a) He or she dies; or

• (b) He or she is adjudged bankrupt under the Insolvency Act 2006.

(3) Any member of the Board may be removed from office by the Minister, by notice given to the member, on the grounds of a mental or physical condition affecting performance of duty, or for neglect of duty, or misconduct, proved to the satisfaction of the Minister.

(4) A member of the Board may be removed from office by the Minister, with the concurrence of the Board, by notice given to the member, on the ground that the member's performance on the Board is inadequate.

(5) The powers of the Board are not affected by any vacancy in its membership.

(1) The functions of the Board shall be—

• (a) To make arrangements for the examination of persons practising or intending to practise the plumbing or gasfitting or drainlaying trades:

• (b) To present or issue, either independently or in conjunction with any other examining body, diplomas or certificates to any such person in recognition of his proficiency in any of those trades:

• (c) To make recommendations to any person or body concerned with the education or training of any person wishing to enter the plumbing or gasfitting or drainlaying trades, or with regard to any other matter affecting such trades:

• (d) To receive applications for registration under this Act, and to authorise registration in proper cases:

• (da) To ensure that craftsmen gasfitters, gas inspectors, and registered gasfitters maintain an adequate level of competence in the field of work in respect of which they are registered:

• (e) To exercise disciplinary powers in accordance with the provisions of Part 4 of this Act:

• (f) To institute prosecutions against registered persons or other persons for the breach of any Act or regulation relating to sanitary plumbing, gasfitting, or drainlaying:

• (g) To make recommendations to the Minister with respect to the making of regulations under this Act, or the making of regulations controlling sanitary plumbing or drainlaying under the Health Act 1956:

• (h) Generally, within the scope of its authority, to do whatever may in its opinion be necessary for the effective administration of this Act:

• (i) To perform such other functions as may be conferred on it by any other enactment.

(2) The Board shall have all such powers as may be reasonably necessary to enable it to properly carry out its functions.

(1) The Board shall from time to time appoint a person to be the Registrar of Plumbers, Gasfitters, and Drainlayers, and may from time to time appoint such Deputy Registrars and other officers, employees, and agents as it thinks necessary for the efficient performance of the Board's functions, and may pay them such remuneration as it considers appropriate.

(2) A member of the Board may concurrently hold the post of Registrar, or any other office of employment under the Board.

There may be paid to members of the Board, any committee appointed by the Board, and to investigators appointed under section 40, out of the funds of the Board, such remuneration (by way of fees, salary, or otherwise) and allowances and expenses as the Board from time to time determines.

(1) The Board may from time to time, by notice in the Gazette, prescribe the fees payable in respect of the following matters:

• (a) An application for registration under this Act:

• (b) An addition or alteration to the register:

• (c) The issue of any licence:

• (d) The issue of any certificate, or a copy of any certificate:

• (e) An application for an exemption under this Act:

• (f) The supply of a copy of any entry in the register:

• (g) Inspection of the register, or of any other documents kept by the Board that are open for inspection:

• (h) The supply to any registered person of any documents, other than certificates of registration, required by him or her for the purpose of seeking registration overseas:

• (i) Any other matter that relates to anything the Board is required to do in order to carry out its functions.

(2) Different fees may be prescribed under this section for different classes of registered person.

(3) Any notice prescribing any fee under this section may exempt any class or classes of person from liability to pay any such fee, and may provide for the waiver or refund of any such fee.

(1) The Board may from time to time, by notice in the Gazette, impose on every registered person a disciplinary levy of such amount as it thinks fit for the purpose of funding the costs arising out of—

• (a) Investigations into allegations or complaints against registered persons; and

• (b) Proceedings concerning discipline under this Act.

(2) Any notice imposing any levy under this section may exempt from liability to pay such levy any class or classes of registered person, and may provide for the waiver or refund of any such levy.

(1) Any notice under section 14A or section 14B may, by notice in the Gazette, be amended or revoked by the Board at any time.

(2) Every notice under section 14A or section 14B comes into force on a date specified in the notice, being not less than 28 days after the date of publication of the notice in the Gazette.

(3) Every notice under section 14A or section 14B is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

(4) Every fee set under section 14A, and every levy imposed under section 14B, is payable, and recoverable as a debt due, to the Board.

(1) The Registrar, or any other officer or employee of the Board authorised in that behalf by the Board, shall take and receive such fees in respect of such matters under this Act as may from time to time be prescribed.

(2) Until the prescribed fee has been paid, the Registrar or any other officer or employee of the Board may decline to do any act, or permit any act to be done, or to receive any document, in respect of which that fee is payable.

(3) All money received under this section and all other money received by the Board may be applied by the Board for any of the following purposes:

• (a) The payment of remuneration and travelling allowances and expenses to its members, employees, and agents, including any person referred to in section 14 of this Act:

• (b) The payment of contributions to the global asset trust under the National Provident Fund Restructuring Act 1990, or to any other superannuation fund or scheme established, with the approval of the Minister of Finance, for the purpose of providing superannuation or retiring allowances for the Board's employees:

• (c) The payment of all costs and expenses incurred in doing whatever the Board considers expedient to best accomplish the purposes for which it is established:

• (d) Contributing towards the cost of educating or training any person wishing to enter the plumbing or gasfitting or drainlaying trades, and providing scholarships or bursaries and making donations for any such purpose.

(4) All money received by the Board or by an employee of the Board shall as soon as practicable be paid into such bank account or accounts of the Board as the Board may from time to time determine.

(5) The Board may from time to time invest any such money that is not for the time being required for any of the purposes specified in subsection (3) of this section in any manner authorised by or under the Trustee Act 1956 for the investment of trust funds.

(6) Every payment of money on behalf of the Board shall, unless authorised by a prior resolution of the Board, be submitted to the Board for confirmation at its first ordinary meeting after the date of payment.

(7) Every payment of money by the Board shall be by cheque or other instrument (not being a promissory note or bill) signed by the Registrar or any other officer authorised in that behalf by the Board, and shall be countersigned by any other such officer or by a member of the Board.

(8) The Board shall keep full and correct accounts of all money received and expended by it.

(9) The Board is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

(10) As soon as practicable after the end of each financial year, the Board shall cause to be prepared and submitted to the Audit Office full and true statements and accounts of all its income and expenditure in that year, together with a statement of financial position as at the last day of that year.

(11) For the purposes of this section, the financial year of the Board shall be the period ending with the 31st day of March in each year, or such other date as the Board may from time to time determine.

The Board may from time to time enter into contracts of insurance insuring members of the Board, members of any committee of the Board, persons appointed to advise the Board under any contract or under section 44 of this Act, and investigators appointed under section 40 of this Act, against loss from personal accident arising out of and in the course of the exercise and performance of their functions and powers under this Act, and may pay the premiums payable in respect of any such contracts.

Without limiting section 15(3) of this Act, the Board may in any financial year expend for any purposes not authorised by this Act or any other enactment any sum or sums not amounting in the aggregate to more than $500.

The Board may, from time to time, borrow money required for any of the purposes of the Board; and, for the purpose of securing any money so borrowed, may mortgage, charge, or pledge any right, title, estate, or interest in any real or personal property vested in the Board.

The provisions set out in the Schedule apply to the Board and its proceedings.

(1) Part 2 of Schedule 1 to the Public Bodies Contracts Act 1959 is hereby amended by inserting, in its appropriate alphabetical order, the following item:

(2) Part 2 of Schedule 1 to the Local Authorities (Members Interests) Act 1968 is hereby amended by inserting, in its appropriate alphabetical order, the following item:

(1) The Board shall set up and maintain the following registers:

• (a) A Register of Craftsman Plumbers:

• (b) A Register of Craftsman Gasfitters:

• (ba) A Register of Gas Inspectors:

• (c) A Register of Plumbers:

• (d) A Register of Gasfitters:

• (e) A Register of Drainlayers:

• (f) A Register of Holders of Limited Certificates.

(2) The Register of Plumbers, the Register of Gasfitters, and the Register of Holders of Limited Certificates, kept under section 9 of the Plumbers and Gasfitters Registration Act 1964, shall be deemed to have been set up and shall hereafter be maintained under this Act.

(3) The registers shall be kept by the Registrar and shall be maintained in such form, whether in bound books or otherwise, as may be prescribed, or, if no form is prescribed, as the Board may determine.

(4) The Registrar shall enter in the appropriate register the name of every person entitled to be registered under this Act, together with such other particulars as may be prescribed.

(5) The Registrar shall, in making entries in the Register of Holders of Limited Certificates, distinguish between certificates that authorise the holders to do sanitary plumbing, certificates that authorise the holders to do gasfitting, and certificates that authorise the holders to do drainlaying.

(6) The registers shall be open for inspection during ordinary office hours by members of the public.

(7) The Board may from time to time cause a register maintained under this Act to be published in such form, whether abbreviated or otherwise, as it thinks fit, and may charge any person purchasing a copy of that register such reasonable fee as it thinks appropriate.

(1) Subject to section 27 of this Act, a person shall, on payment of the prescribed fee, be entitled to be registered as a craftsman plumber if he satisfies the Board—

• (a) That, immediately before the commencement of this Act, he was registered as a plumber under the Plumbers and Gasfitters Registration Act 1964 ; or

• (b) That, immediately before the commencement of this Act, he was serving an apprenticeship in the plumbing trade and is, or is entitled to be, registered as a plumber under section 23(b) of this Act ; or

• (c) That he is entitled to be registered as a plumber under section 23(d) of this Act ; or

• (d) That, after obtaining registration as a plumber, he has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section.

(2) No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) of this section, or in respect of a provisional licence issued on such an application under section 37 of this Act.

(1) Subject to section 27 of this Act, a person shall, on payment of the prescribed fee, be entitled to be registered as a craftsman gasfitter if he satisfies the Board—

• (a) That, immediately before the commencement of this Act, he was registered as a gasfitter under the Plumbers and Gasfitters Registration Act 1964 ; or

• (b) That, immediately before the commencement of this Act, he was serving an apprenticeship in the gasfitting trade and is, or is entitled to be, registered as a gasfitter under section 24(b) of this Act ; or

• (c) That he is entitled to be registered as a gasfitter under section 24(e) of this Act ; or

• (d) That, after obtaining registration as a gasfitter, he has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section.

(2) No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) of this section, or in respect of a provisional licence issued on such an application under section 37 of this Act.

Subject to section 27 of this Act, a person shall, on payment of the prescribed fee, be entitled to be registered as a gas inspector if the person satisfies the Board—

• (a) That he or she is—

  • (i) A qualified gas engineer; or

  • (ii) A Registered Engineering Associate (Gas); or

  • (iii) A craftsman gasfitter; or

  • (iv) Otherwise suitably qualified to be a gas inspector; and

• (b) That he or she has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section.

Subject to section 27 of this Act, a person shall, on payment of the prescribed fee, be entitled to be registered as a plumber if he satisfies the Board—

• (a) That he—

  • (i) Is registered as a gasfitter; and

  • (ii) Has passed such examination or examinations as may be prescribed, or as may be approved by the Board for the purposes of this paragraph; or

• (b) That he has—

  • (i) Completed an apprenticeship in the plumbing trade or, after the 1st day of January 1979, in the plumbing-gasfitting trade; and

  • (ii) Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or

• (c) That he has—

  • (i) Held a limited certificate to do sanitary plumbing for a continuous period of 5 years (whether that period commenced before or after the commencement of this Act); and

  • (ii) Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or

• (d) That he has—

  • (i) Been engaged in the plumbing trade for an aggregate period of at least 7 years commencing before the commencement of this Act; and

  • (ii) Before the 1st day of April 1984, passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph.

Subject to section 27 of this Act, a person shall, on payment of the prescribed fee, be entitled to be registered as a gasfitter if he satisfies the Board—

• (a) That he—

  • (i) Is registered as a plumber; and

  • (ii) Has passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or

• (b) That he has—

  • (i) Completed an apprenticeship in the gasfitting trade or, after the 1st day of January 1979, in the plumbing-gasfitting trade; and

  • (ii) Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or

• (c) That he has—

  • (i) Completed an apprenticeship, in any industry within the meaning of the Industry Training Act 1992, that, in the opinion of the Board, includes an adequate course of training in gasfitting; and

  • (ii) Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or

• (d) That he has—

  • (i) Held a limited certificate to do gasfitting for a continuous period of 5 years (whether that period commenced before or after the commencement of this Act); and

  • (ii) Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or

• (e) That he has—

  • (i) Been engaged in the gasfitting trade for an aggregate period of at least 7 years commencing before the commencement of this Act; and

  • (ii) Before the 1st day of April 1984, passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph.

(1) Subject to section 27 of this Act, and to subsections (2) and (3) of this section, a person shall, on payment of the prescribed fee, be entitled to be registered as a drainlayer if he satisfies the Board—

• (a) That, immediately before the commencement of this Act, he was registered as a drainlayer under the Health Act 1956 ; or

• (b) That he has passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph, and has undergone such practical training and acquired such experience, in addition to passing such examination or examinations, as may be prescribed for such purposes.

(2) No person shall be registered as a drainlayer pursuant to subsection (1)(a) of this section after the expiration of a period of 4 years commencing with the date of the commencement of this Act.

(3) No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) of this section, or in respect of a provisional licence issued on such an application under section 37 of this Act.

Subject to section 27 of this Act, but notwithstanding sections 21 to 25 of this Act, a person shall, on payment of the prescribed fee, be entitled to be registered as a craftsman plumber, a craftsman gasfitter, a gas inspector, a plumber, a gasfitter, or a drainlayer, as the case may require, if he satisfies the Board—

• (a) That he is the holder of a certificate or evidence of registration or recognition, for the time being recognised by the Board pursuant to section 64 of this Act, and that he has undergone in New Zealand any further training, and passed any examination or examinations, that he may be required by the Board to undertake and pass pursuant to the arrangements referred to in that section and applicable in his case; or

• (b) That, notwithstanding that he is not the holder of any such certificate or evidence,—

  • (i) He has successfully undergone a course of training, elsewhere than in New Zealand, that is substantially equivalent to the course of training that he would have had to undergo in New Zealand for the purpose of obtaining the registration for which he is applying; and

  • (ii) He has undergone in New Zealand any further training, and passed any examination or examinations, that he may be required by the Board to undertake and pass; and

  • (iii) He has a reasonable command of the English language.

The Board may refuse to register a person, other than a person applying for registration as a drainlayer pursuant to section 25(1)(a) of this Act, if—

• (a) He has been convicted of an offence relating to plumbing or gasfitting or drainlaying (as the case may require), against this Act or the Plumbers and Gasfitters Registration Act 1964 or the Health Act 1956 or any regulation made under this Act or either of those Acts or under the Gas Act 1992 ; or

• (b) His name has been removed from a register kept under the Plumbers and Gasfitters Registration Act 1964 pursuant to section 22 of that Act ; or

• (c) His name has been removed, pursuant to section 42 of this Act, from a register kept under this Act.

(1) Except as may be provided by regulations for the time being in force under this Act, an application for registration under this Act shall be made in writing addressed to the Board.

(2) An application shall be accompanied by the prescribed fee (if any).

(3) No entry of the name of any person shall be made in a register otherwise than at the direction of the Board.

(1) At its first meeting after an application has been submitted to it under section 28 of this Act, or as soon as practicable thereafter, the Board shall consider the application, and shall give such directions to the Registrar in respect of it as it thinks fit, and as are authorised by or under this Act.

(2) Before giving a direction the Board may, if it thinks fit, examine on oath or otherwise the applicant, or any person objecting to the application, or any other person, with respect to the application; and for the purposes of an examination the Chairman may administer an oath to any person.

(3) The Board may also, if it thinks fit, require a person to verify by statutory declaration any statement made by him with respect to an application before the Board.

(1) If, after considering an application under section 29 of this Act, the Board is of opinion that the applicant is entitled to be registered in accordance with his application, it shall direct the Registrar to register him; and the Registrar shall register that person in that manner, and shall notify him accordingly.

(2) If the Board is of opinion that the applicant is not entitled to be registered in accordance with his application, it shall direct the Registrar not to register him; and the Registrar shall refuse to register that person.

(3) If the Board refuses to direct the registration of an applicant, it shall cause the applicant to be notified in writing of its refusal and the reasons for it.

(1) The Registrar shall, on request by a registered person, and on payment of the prescribed fee, issue to that person a certificate of his registration.

(2) Where a person is registered in more than 1 capacity under this Act, it shall be sufficient compliance with subsection (1) of this section if there is issued to him 1 certificate of registration that describes him as being registered in each such capacity.

(1) If a registered person changes his address from that recorded in a register he shall, within 3 months thereafter, notify the Registrar of his new address; and the Registrar shall amend the entry in the register relating to that person.

(2) Every registered person who fails to comply with subsection (1) of this section commits an offence and is liable on summary conviction to a fine not exceeding $10.

(1) The Registrar may at any time, and shall if the Board so directs, send to a registered person, or to a holder of a limited certificate, by registered letter addressed to him at his last known place of residence or business, an inquiry as to whether or not he desires to have his name retained in the register or registers, as the case may require.

(2) If no reply is received within 3 months after the date of the posting of the letter, or if the letter is not delivered and is returned to the Registrar, the Registrar shall, if the Board so directs, remove from the register or registers the name of the registered person or holder of the limited certificate to whom the letter was sent.

(3) If the Board has reason to believe that a registered person or holder of a limited certificate has died, it may direct the Registrar to remove the name of that registered person or holder of a limited certificate from the appropriate register or registers; and the Registrar shall remove that name accordingly.

(4) A person whose name has been removed from a register under this section may apply to the Registrar to have his name restored to that register, and, on proof to the satisfaction of the Board that his name has been so removed, the Board shall direct the Registrar to restore that person's name to that register; and, on payment to him of the prescribed fee, the Registrar shall restore that name accordingly.

(1) If a person has been registered under this Act by reason of a false or fraudulent representation or declaration, made either orally or in writing, or if a person not entitled to be registered has been registered, the Board shall direct the Registrar to remove the name of that person from the appropriate register; and the Registrar shall remove that name accordingly.

(2) If any particulars appearing in a register in respect of the qualifications of a person are proved to the satisfaction of the Board to be, or are to the knowledge of the Board, false or erroneous in any respect, the Board shall direct the Registrar to remove those particulars from the register, or otherwise amend that register; and the Registrar shall remove those particulars or amend that register accordingly.

(3) Subsection (2) of this section shall apply notwithstanding that at the time when the entry in the register was made the person actually possessed the qualifications recorded in the register, or that at that time the entry was otherwise correct.

(1) Where it appears to the satisfaction of the Board that a registered person has changed his name, or that the name of a registered person is incorrectly stated in a register, the Board shall direct the Registrar to amend the register; and the Registrar shall, on payment of the prescribed fee (if any), correct any entry in the register relating to the registered person accordingly.

(2) Notwithstanding subsection (1) of this section, no fee shall be payable where the correction of the register is necessary by reason of a mistake made by the Board, or by the Registrar or any other officer of the Board.

(3) The Board may at any time, if it thinks fit, on the application of a registered person, direct the Registrar to remove the name of that person from the register or registers in which it appears; and the Registrar shall remove that name accordingly.

(1) In this section the term year means a period of 12 months beginning on the 1st day of April in any year and ending with the 31st day of March in the next succeeding year.

(2) Except as provided in section 38, and sections 53 to 57 of this Act, no registered person shall in any year be entitled to do any sanitary plumbing unless he is the holder of a craftsman plumber's licence or a registered plumber's licence,, or be entitled to do any drainlaying unless he is the holder of a registered drainlayer's licence, issued in respect of that year.

(3) Subject to the payment of the prescribed fee, the Registrar, on application made to the Registrar by a craftsman plumber, or registered plumber, or registered drainlayer, shall issue to him or her an appropriate licence.

(4) A licence shall be in force until the expiry of the year in respect of which it is issued, or until the holder sooner ceases to be registered under this Act.

(5) Every person who is entitled to receive a licence under this section shall be deemed to have obtained the licence when he has duly applied to the Registrar for it and has paid the prescribed fee.

(6) A licence may be issued under this section in advance for any period not exceeding 5 years, and may, subject to the approval of the Postmaster-General, be applied for and issued through New Zealand Post Limited.

(7) Notwithstanding the foregoing provisions of this section, if—

• (a) A registered plumber, being the holder of a current registered plumber's licence, becomes a craftsman plumber, he shall be required to pay for a craftsman plumber's licence, in respect of any period during which both licences will be in force, only the amount (if any) by which the fee prescribed for the craftsman plumber's licence exceeds the fee paid by him for his registered plumber's licence in respect of the same period:

• (b) [Repealed]

(8) Section 31(2) of this Act, with any necessary modifications, shall apply in respect of applications for licences under this section as it applies in respect of certificates of registration.

Except as provided in sections 38, 39A, 53, and 57 of this Act, no registered person shall in any year be entitled to do any gasfitting unless that person is the holder of a craftsman gasfitter's licence or a registered gasfitter's licence, or be entitled to carry out any work authorised by or under this Act to be done by a gas inspector unless he or she is the holder of a gas inspector's licence, issued under section 36B of this Act in respect of that year.

(1) Every application for the issue of a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence shall be made to the Registrar.

(2) Every application under subsection (1) of this section shall—

• (a) Specify—

  • (i) Whether the applicant is, at the date of the application, actively engaged in work as a gasfitter or, as the case may require, a gas inspector; and

  • (ii) Such other particulars as may be prescribed; and

• (b) Be accompanied by the prescribed fee (if any).

(3) On receiving an application under subsection (1) of this section, the Registrar shall—

• (a) Subject to section 36D of this Act, where the application specifies that the applicant is, at the date of the application, actively engaged in work as a gasfitter or, as the case requires, a gas inspector, issue to the applicant an appropriate licence; or

• (b) In any other case, refer the application to the Board.

(4) Notwithstanding anything in subsection (2) of this section, if a registered gasfitter, being the holder of a current registered gasfitter's licence, becomes a craftsman gasfitter, that person shall be required to pay for a craftsman gasfitter's licence, in respect of any period during which both licences will be in force, only the amount (if any) by which the fee prescribed for the craftsman gasfitter's licence exceeds the fee paid by that person for his or her registered gasfitter's licence in respect of the same period.

(1) The Board shall consider every application referred to it under section 36B(3)(b) of this Act, and, if it is satisfied that the applicant is competent to engage in work as a craftsman gasfitter or, as the case requires, a registered gasfitter or a gas inspector, shall direct the Registrar to issue an appropriate licence to the applicant.

(2) The Board shall not decline an application referred to it under section 36B(3)(b) of this Act without first giving the applicant—

• (a) A copy of any information on which the Board relies in proposing to decline the application; and

• (b) A reasonable opportunity to comment on that information and to be heard, either personally or by that person's representative, in support of the application.

(3) Where the Board declines an application referred to it under section 36B(3)(b) of this Act, it shall direct accordingly, and shall direct the Registrar to notify the applicant in writing of—

• (a) The reasons for its direction; and

• (b) Any condition (being a condition that the applicant pass a specified examination, or complete any specified period of practical training, or acquire any specified practical experience, or attend any specified course of instruction) that the Board requires the applicant to fulfil before a licence will be issued to him or her; and

• (c) The applicant's rights of appeal against the decision.

(1) For the purpose of ensuring that all craftsman gasfitters, registered gasfitters, and gas inspectors are competent to engage in work of the class or classes in respect of which they are registered, the Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered on the recommendation of the Board, make regulations prescribing conditions that must be fulfilled by applicants for a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence, or by any specified class or classes of applicants for a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence, before such a licence will be issued to them.

(2) The following conditions may be prescribed under subsection (1) of this section:

• (a) A condition that the applicant has passed such examination as may be prescribed:

• (b) A condition that the applicant has completed such period of practical training as may be prescribed:

• (c) A condition that the applicant has acquired such practical experience as may be prescribed:

• (d) A condition that the applicant has attended such course of instruction as may be prescribed.

(3) Different conditions may be prescribed under subsection (1) of this section for different classes of applicants.

(4) Any regulations prescribing any condition under subsection (1) of this section may exempt or provide for the exemption of any person or class of persons from the requirement to fulfil such condition.

(5) Notwithstanding anything in paragraph (a) of subsection (3) of section 36B of this Act, where—

• (a) An application to which that paragraph applies is received by the Registrar; and

• (b) The Registrar is not satisfied that the applicant has fulfilled all the conditions prescribed under subsection (1) of this section that must be fulfilled by the applicant,—

the Registrar shall decline to issue a licence to the applicant, and shall notify the applicant of that decision, of the reasons for it, and of the applicant's rights of appeal against that decision.

(1) Subject to subsection (3) of this section, every licence issued under section 36B of this Act shall be in force for such period (not exceeding 5 years) as is specified in that behalf in the licence.

(2) A licence issued under section 36B of this Act shall come into force—

• (a) If it is issued before the date of the expiry of the current licence held by the applicant, on the 1st day of April next following; and

• (b) In any other case, on the date of its issue,—

and in either case it shall expire with the close of the 31st day of March in the year in which it is stated to expire.

(3) If at any time during the currency of a licence its holder ceases to be registered under this Act, that person's licence shall cease to be in force, and the Board may direct that person to return that licence to the Registrar.

(4) Every person who is entitled to receive a licence under section 36B(3)(a) of this Act shall be deemed to be the holder of that licence when that person has duly applied for it to the Registrar and has paid the prescribed fee (if any).

(5) Every craftsman gasfitter's licence and every registered gasfitter's licence, issued under section 36 of this Act, that was valid immediately before the date of commencement of this section shall be deemed to be a valid licence issued under section 36B of this Act.

(1) Notwithstanding anything to the contrary in this Act, where it appears to the Registrar that an applicant for registration is qualified for registration, the Registrar may, on payment to him of the prescribed fee (if any), issue to that person a provisional licence which shall entitle him, while the certificate is in force pending the consideration of his application by the Board, to do such work as he would have been entitled to do if he had been registered in accordance with his application.

(2) A provisional licence shall, unless it is sooner cancelled, remain in force for the period, not exceeding 3 months, stated in it, but it may from time to time be renewed for a further period not exceeding 3 months.

(3) The holder of a provisional licence shall, while the licence remains in force, be deemed for all purposes to be a craftsman plumber, or a craftsman gasfitter, or a gas inspector, or a registered plumber, or a registered gasfitter, or a registered drainlayer, as the case may require.

(4) The Registrar shall cancel a provisional licence at any time on the direction of the Board, or may, without any such direction, refuse to renew any such licence.

(1) In this section—

(2) Subject to sections 39 and 49 of this Act, and to subsections (3) and (5) of this section, the Registrar shall, on application made to him at any time by or on behalf of any person, and on payment of the prescribed fee (if any), issue to that person a limited certificate to do sanitary plumbing, or a limited certificate to do gasfitting, or a limited certificate to do drainlaying, as the case may require.

(3) Every application made under subsection (2) of this section on or after the 1st day of October 1977 shall be signed or countersigned—

• (a) In the case of an application for a limited certificate to do sanitary plumbing, by the craftsman plumber or registered plumber; or

• (b) In the case of an application for a limited certificate to do gasfitting, the craftsman gasfitter or registered gasfitter; or

• (c) In the case of an application for a limited certificate to do drainlaying, the registered drainlayer—

in whose employment or under whose supervision the person by or on whose behalf the application is made intends to work.

(4) Subject to any regulations made under section 66(1)(c) of this Act, a limited certificate shall entitle the holder to do the work specified therein—

• (a) If that work is sanitary plumbing,—

  • (i) Under the direct supervision and in the presence of a craftsman plumber or a registered plumber, in any case where the holder is not an apprentice plumber and has not held a limited certificate to do sanitary plumbing for a continuous period of at least 2 years; or

  • (ii) While in the employ of a craftsman plumber or under the supervision of a craftsman plumber or registered plumber, in any other case; or

• (b) If that work is gasfitting,—

  • (i) Under the direct supervision and in the presence of a craftsman gasfitter or a registered gasfitter, in any case where that holder is not an apprentice gasfitter and has not held a limited certificate to do gasfitting for a continuous period of at least 2 years; or

  • (ii) While in the employ of a craftsman gasfitter or under the supervision of a craftsman gasfitter or a registered gasfitter, in any other case; or

• (c) If that work is drainlaying,—

  • (i) Under the direct supervision and in the presence of a registered drainlayer, in any case where that holder has not held a limited certificate to do drainlaying for a continuous period of at least 2 years; or

  • (ii) While in the employ or under the supervision of a registered drainlayer, in any other case.

(5) No fee shall be payable by an apprentice plumber in respect of an application for or the issue of a limited certificate to do sanitary plumbing, or by an apprentice gasfitter in respect of an application for or the issue of a limited certificate to do gasfitting, or by any person, who satisfies the Registrar that he is undergoing instruction or training in drainlaying for the purpose of obtaining registration as a drainlayer under this Act, in respect of an application for or the issue of a limited certificate to do drainlaying.

(6) For the purposes of subsection (4)(c) of this section, any period during which a person has, before the commencement of this Act, been employed as a drainlayer working under the supervision of a person registered as a drainlayer under the Health Act 1956 shall be deemed to be a period during which the person so working has held a limited certificate to do drainlaying.

(7) Nothing in this section shall authorise an apprentice plumber or an apprentice gasfitter to do any work in any circumstances, if the doing of that work, or the doing of that work in those circumstances, would be inconsistent with the terms and conditions governing his apprenticeship.

(1) On the registration as a craftsman plumber or as a plumber of any person who holds a limited certificate to do sanitary plumbing, the certificate shall be deemed to be cancelled, and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.

(2) On the registration as a craftsman gasfitter or as a gasfitter of any person who holds a limited certificate to do gasfitting, the certificate shall be deemed to be cancelled and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.

(3) On the registration as a drainlayer of any person who holds a limited certificate to do drainlaying, the certificate shall be deemed to be cancelled and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.

(4) A limited certificate shall not be issued to any person who is or has been a craftsman plumber, a registered plumber, a craftsman gasfitter, a registered gasfitter, or a registered drainlayer, without the approval of the Board.

(5) In the event of the Registrar refusing to issue a limited certificate to any person, that person may appeal to the Board, which may confirm or reverse the decision of the Registrar, or may direct that a limited certificate be issued to that person when any conditions that it may specify have been met.

(1) Every person shall, on application in the prescribed form (if any) and on payment of the prescribed fee (if any), be entitled to be granted an employer licence by the Secretary, if that person satisfies the Secretary that the person will at all times maintain a system of operation—

• (a) That complies with such requirements as are prescribed by regulations made under section 66 of this Act ; and

• (b) That is sufficient to ensure that employees of that person who do any gasfitting—

  • (i) Are competent to carry out the range of work for which they are employed; and

  • (ii) Receive such supervision and training as is necessary to ensure that such work—

    • (A) Is carried out safely and competently; and

    • (B) Complies with the requirements of the Gas Act 1992 and any regulations made under section 54 of that Act.

(2) The Secretary may impose in respect of any employer licence issued pursuant to this section such conditions as the Secretary thinks fit.

(3) Subject to any conditions imposed pursuant to subsection (2) of this section and to any regulations made under section 66 of this Act,—

• (a) An employer licence shall authorise the holder of the licence to authorise any employee of that person to do any gasfitting; and

• (b) Any authority given under an employer licence to any person to do any gasfitting shall be sufficient authority for the person so authorised to do that work.

(1) Subject to this section and to section 39C of this Act, every employer licence shall be in force for such period (not exceeding 5 years) as is specified in the licence, and shall come into force on the date of its issue.

(2) Every employer licence, unless it has been revoked pursuant to section 39C of this Act, may from time to time be renewed in accordance with this section.

(3) An application for the renewal of an employer licence shall be made in writing, in the prescribed form (if any), to the Secretary, and shall be accompanied by the prescribed fee (if any).

(4) On receiving an application under subsection (3) of this section, the Secretary shall, subject to subsection (5) of this section, renew the employer licence to which the application relates for such period (not exceeding 5 years) as the Secretary thinks fit.

(5) The Secretary shall not renew an employer licence unless the Secretary is satisfied that the applicant meets all the requirements for the issue of such a licence.

(6) Where an application for the renewal of an employer licence has been made but not dealt with before the licence expires, the licence shall continue in force until the application is dealt with by the Secretary, and any renewal in any such case shall take effect from the date on which the licence would (but for the renewal) have expired.

(1) Subject to subsection (2) of this section, the Secretary may at any time revoke the employer licence issued to any person if the Secretary is satisfied that the person—

• (a) No longer meets all the requirements for the issue of an employer licence; or

• (b) Has failed to comply with any condition imposed by the Secretary in respect of that licence; or

• (c) Has failed to ensure that gasfitting done by employees of that person—

  • (i) Is at all times carried out safely and competently; and

  • (ii) Complies with the requirements of the Gas Act 1992 and any regulations made under section 54 of that Act.

(2) The Secretary shall not revoke an employer licence issued to any person unless the Secretary has first given that person an opportunity to be heard.

The Secretary may at any time revoke, amend, or add to any condition imposed under section 39A(2) of this Act.

(1) There shall be deemed to be imposed in respect of every employer licence the condition that the Secretary, or any employee of the Ministry authorised by the Secretary for the purpose, may, for the purpose of ensuring compliance with the terms of the licence,—

• (a) At any reasonable time, inspect any premises (not being a dwellinghouse) occupied by the holder of the licence, and for that purpose may enter and re-enter any place:

• (b) Require the holder of the licence to produce for inspection, within such reasonable period as the Secretary or the employee may specify, any document in the possession or under the control of the holder of the licence, and may take copies of or extracts from any such document:

• (c) Require the holder of the licence to furnish, within such reasonable period as the Secretary or the employee may specify, such information or particulars as the Secretary or the employee may require.

(2) If the holder of an employer licence breaches the condition expressed in subsection (1) of this section, the Secretary may revoke that person's licence pursuant to section 39C of this Act.

(3) Every person shall give reasonable notice of that person's intention to enter any premises pursuant to subsection (1)(a) of this section to the holder of the employer licence, unless the giving of the notice would defeat the purpose of the entry.

(4) Every person shall, on entering any premises pursuant to subsection (1)(a) of this section, and when requested at any subsequent time, produce—

• (a) Evidence of that person's authority to enter the premises; and

• (b) Evidence of that person's identity.

(5) Nothing in this section authorises any person to enter or search any restricted area within a defence area (within the meaning of the Defence Act 1990 ) unless the person entering that area has a security clearance approved by the person in charge of the area.

(1) For the purposes of this Act, the Board may from time to time appoint any person, not being a member of the Board, who is a registered person, or who is employed by a local authority as an Environmental Health Officer within the meaning of the Health Act 1956, to be an investigator, and may at any time revoke the appointment.

(2) Appointments may be made under this section either generally or in relation to any particular case or class of cases.

(3) Notwithstanding subsection (1) of this section, no person who is employed by a local authority shall be appointed to be an investigator without the prior consent of that authority.

(1) Every person (other than an investigator) who wishes to complain to the Board about the conduct of a registered person or a tradesperson shall make his complaint to the Registrar.

(2) Every complaint shall be in writing.

(3) The Registrar may require that a complaint be supported by such statutory declarations as he may specify.

(4) If the Registrar is satisfied, after considering a complaint and any statutory declarations relating to the complaint that he may have required, that the complaint relates to a matter that is within the Board's jurisdiction under section 42 of this Act he shall refer the complaint to the Board.

(4A) Before considering any complaint in accordance with the succeeding provisions of this Part of this Act, the Board may, if it thinks fit, refer the complaint to an investigator.

(5) If, after examining the complaint, the investigator considers that it has substance he shall refer it to the Board for consideration by the Board in accordance with the succeeding provisions of this Part of this Act.

(6) Without limiting subsection (1) of this section, a complaint may be made under this section by a person in the service of the Crown acting in his official capacity.

(1) If a registered person—

• (a) Is or has been convicted of an offence relating to plumbing, gasfitting, or drainlaying, against this Act or the Plumbers and Gasfitters Registration Act 1964 or the Health Act 1956, or against any regulations made under this Act or either of those Acts or under the Gas Act 1992 ; or

• (b) After due inquiry, is found by the Board to have been guilty of such improper or incompetent conduct in performing his work, or in charging for it, as renders him unfit to be registered under this Act; or

• (c) After due inquiry, is found by the Board to have been guilty of any other act or omission contrary to the integrity of the trade to which he belongs—

the Board may, if it thinks fit, impose on the registered person any one of the penalties authorised by this section.

(2) Subject to subsections (5) and (6) of this section, where the Board is entitled under subsection (1) of this section to impose a penalty on a registered person, it may, by writing under the hand of the Chairman,—

• (a) Order that the name of the registered person be removed from the appropriate register:

• (b) Order that the registered person's registration be suspended for a period not exceeding 12 months:

• (c) Impose a fine on the registered person not exceeding $10,000:

• (d) Order that the registered person be censured.

(2A) If a tradesperson, after due inquiry, is found by the Board—

• (a) To have done gasfitting in a negligent, unsatisfactory, or incompetent manner, or in a manner contrary to any enactment relating to gasfitting that was in force at the time the gasfitting was done; or

• (b) To have done gasfitting that, under the terms of any restriction or limitation that applies in respect of gasfitting that he or she may do, the person is not authorised to do,—

the Board may, if it thinks fit,—

• (c) Order that the person be disqualified from doing gasfitting that the person would otherwise be authorised to do in that person's capacity as a tradesperson—

  • (i) Permanently, or for such period as the Board thinks fit; or

  • (ii) Until that person does any 1 or more of the following things:

    • (A) Passes any specified examination:

    • (B) Completes any specified period of training:

    • (C) Attends any specified course of instruction; or

• (d) Order that the authority conferred by this Act on that person in that person's capacity as a tradesperson to do gasfitting be restricted, for such period as the Board thinks fit, in any 1 or more of the following ways:

  • (i) The person shall be limited to such work as the Board may specify, and in imposing such a limitation the Board may also impose limitations on the circumstances in which the person may do that work:

  • (ii) The person shall be limited to work only on premises approved by the Board:

  • (iii) The person shall be limited to work only in the employ of an employer approved by the Board; or

• (e) Order that the person be censured.

(3) In the case of a person who is registered in more than one capacity, the Board may exercise its powers under paragraph (a) and paragraph (b) of subsection (2) of this section by ordering that the person's name be removed from each register in which it appears or from such one or more of the registers as the Board may think fit, or, as the case may require, by ordering that the person's registration be suspended in respect of each such capacity or such one or more of those capacities as the Board may think fit.

(4) Notwithstanding subsection (1) of this section, if the Board suspends or censures a registered person it may also impose a fine on him under subsection (2)(c) of this section.

(5) The Board shall not impose a fine on a registered person, nor order that he be censured, on the ground of an offence committed before the date of his registration.

(6) The Board shall not exercise any of its disciplinary powers against a registered person on the ground of an offence committed before the date of his registration if, at that date, the Board knew of his conviction for that offence.

(7) The Board shall not impose a fine upon a registered person under subsection (2)(c) of this section where the Board's inquiry relates to an act or omission that constitutes an offence of which the person has been convicted by a Court in New Zealand, if the offence is punishable by imprisonment or a fine.

(8) The Board may, by writing under the hand of the Chairman, instead of or in addition to imposing a penalty on a registered person or a tradesperson under subsection (2) or, as the case may be, subsection (2A) of this section, order the person to pay the whole or any part of the costs and expenses of and incidental to the inquiry by the Board and the preceding investigation by an investigator.

(9) Each fine imposed, and all costs and expenses payable, under this section shall be recoverable as a debt due to the Board.

(10) While an order of suspension of registration of a person in a particular capacity under this section remains in force, the person shall be deemed for the purposes of the provisions of this Act, other than this Part, not to be registered in respect of that capacity; but on the expiry of the order his rights and privileges as a registered person in that capacity shall be revived as from the date of the expiry.

(10A) While an order under subsection (2A) of this section disqualifying a tradesperson from doing gasfitting remains in force, the person in respect of whom the order is made shall be deemed, for the purposes of the provisions of this Act, not to be a tradesperson; but forthwith on the expiry of the order, that person's rights and privileges as a tradesperson shall be revived as from the date of the expiry.

(11) Subject to subsections (12) and (13) of this section, a person whose name has been removed from a register under this section, or from the corresponding register under the corresponding provisions of any previous enactment, may apply to the Board for the restoration of his name to the register; and the provisions of sections 27 to 30 of this Act, so far as they are applicable and with the necessary modifications, shall apply in respect of the application.

(12) In an order under this section directing the name of a person to be removed from a register, the Board and, in the event of an appeal against any such order, the High Court, may fix a time after which the person whose name is so removed may apply to have his name restored to the register.

(13) If neither the Board nor the High Court fixes a time, the Board may refuse to consider any such application for such time as it thinks just.

(14) No order that the name of a person be removed from a register, and no order of suspension or disqualification or restriction or censure, shall take effect, and no fine or costs or expenses shall be payable, in any case until the expiry of a period of 28 days after the notification by the Board to the person affected of the making of the order.

(15) If, within the period of 28 days referred to in subsection (14) of this section, the person gives due notice of appeal, the order shall not take effect, and no fine or costs or expenses shall be payable, unless and until the order is confirmed by the High Court, or the appeal is withdrawn or for any reason dismissed by that Court.

(1) Where a complaint is referred or made to the Board under this Part of this Act the Board shall, before acting under section 42 of this Act, cause to be served on the registered person or tradesperson concerned a notice stating that the Board has reason to believe that a ground exists entitling the Board to exercise its powers under that section, and specifying the ground with sufficient particularity to enable the person to understand the nature of the allegation against him.

(2) A notice shall specify the time, date, and place for the hearing of the matter by the Board.

(3) A notice may require the registered person or tradesperson to notify the Board in writing, not later than some specified date before the date proposed for the hearing of the matter, as to whether or not he intends to appear before the Board at the hearing.

(4) If the registered person or tradesperson fails to notify his intention as required by the notice, or notifies the Board that he does not intend to appear, he shall not be entitled to appear and be heard except by leave of the Board granted on such conditions as to the payment of costs or otherwise as the Board thinks fit.

(5) Where the registered person or tradesperson has notified the Board that he intends to appear, the Board may, with the consent of the registered person or tradesperson, constitute a committee of the Board to hear and determine the matter.

(6) The determination of a committee appointed under subsection (5) of this section in respect of a complaint against a registered person shall be of no effect until it has been confirmed by the Board, which shall have power—

• (a) To determine that no penalty be imposed; or

• (b) To reduce the penalty determined by the committee by suspending the registered person's registration for a period or imposing a fine, instead of removing his name from a register; or

• (c) To reduce the period of suspension of registration or the fine determined by the committee; or

• (d) To substitute a fine for a period of suspension; or

• (e) To substitute a censure for any of the other penalties; or

• (f) To rescind or modify an order to pay costs and expenses.

(6A) The determination of a committee appointed under subsection (5) of this section in respect of a complaint against a tradesperson shall be of no effect until it has been confirmed by the Board, which shall have power—

• (a) To determine that no penalty be imposed; or

• (b) To reduce the penalty determined by the committee by substituting, for an order made under section 42(2A)(c) of this Act, an order under section 42(2A)(d) of this Act ; or

• (c) To reduce the period of disqualification imposed pursuant to section 42(2A)(c) of this Act ; or

• (d) To substitute a censure for any of the other penalties; or

• (e) To rescind or modify an order to pay costs and expenses.

(7) The succeeding provisions of this section and sections 44 to 48 of this Act shall apply in respect of any proceedings before a committee under subsection (5) of this section as if they were proceedings before the Board, and for that purpose the committee and the chairman of the committee shall have the powers and discretions respectively conferred on the Board and the Chairman of the Board by sections 45, 47, and 48 of this Act.

(8) A complaint shall be prosecuted at the hearing by the investigator who was appointed by the Board under section 41(4A) of this Act to examine the complaint or (if no investigator was so appointed for that purpose) by an investigator appointed by the Board, and for that purpose he may be represented at the hearing by counsel or otherwise.

(9) Subject to subsection (4) of this section, the registered person or tradesperson shall be entitled to appear and be heard at the hearing, and to be represented by counsel or otherwise.

(10) In all proceedings under this Part of this Act the Board shall observe the rules of natural justice.

(11) The Board may receive evidence whether or not it would be admissible in a Court of law.

(12) The decision of a majority of the members of the Board present at any proceedings held under this Part of this Act shall be the decision of the Board.

(13) Unless the Board otherwise directs, proceedings held under this Part of this Act shall not be open to the public.

(14) Every order, decision, or determination of the Board under this Part of this Act shall be committed to writing, shall contain a statement of the reasons on which it is based, and shall be signed by the Chairman of the Board.

(15) A copy of every order, decision, or determination of the Board under this Part of this Act shall be served by the Registrar on the registered person or tradesperson in respect of whom it was made.

(1) For the purposes of advising the Board on questions of law and procedure arising in proceedings under this Part of this Act, the Board may appoint an assessor, who shall be a barrister or solicitor, to attend the proceedings.

(2) The Board shall pay to the assessor, by way of remuneration and expenses for his services in respect of the proceedings, such sum as may be agreed upon between the assessor and the Board.

(1) The Board, by notice in writing under the hand of the Chairman or the Registrar, may, on tendering proper travelling expenses, require a person to attend and give evidence before it at an inquiry under this Part of this Act, and to produce all books, documents, papers, equipment, or things that are in that person's custody or under his control and that relate to the subject-matter of the inquiry.

(2) The Board may require evidence to be given on oath, and either orally or in writing, and for that purpose the person presiding at any meeting of the Board may administer an oath to any person.

(3) Every person who, without lawful justification, refuses or fails to give evidence when required to do so by the Board, or to answer truly and fully any question put to him by the Board, or to produce to the Board any book, document, paper, equipment, or thing required of him, commits an offence and is liable on summary conviction to a fine not exceeding $100.

Witnesses and counsel shall have the same privileges and immunities in relation to inquiries before the Board as if the inquiries were proceedings in a Court of law.

(1) A witness giving evidence or intending to give evidence at the hearing of an inquiry under this Part of this Act shall be entitled in the discretion of the Board to such sum for his expenses and loss of time as the Board may determine.

(2) Subject to an order made by the Board or by the High Court as to the payment of costs and expenses, all such witnesses' expenses shall be paid by the Board.

Subject to this Act, the Board may from time to time adjourn the hearing of any proceedings pending before it under this Part of this Act, and may postpone any finding or judgment until a further meeting of the Board.

(1) Subject to the provisions of this section, the provisions of sections 41 to 48 of this Act shall apply in respect of holders of limited certificates in the same manner and to the same extent as they apply in respect of registered persons.

(2) The Board shall not order that the name of a person be removed from the Register of Holders of Limited Certificates, but when making an order of suspension of registration in respect of any person so registered the Board shall specify the limited certificate or certificates that is or are to be cancelled, and such certificate or certificates shall, subject to the provisions of section 42(14) of this Act, be deemed to be cancelled accordingly.

(3) When a limited certificate held by any person is deemed to be cancelled under subsection (2) of this section, the Registrar shall, in respect of that certificate, remove the name of that person from the Register of Holders of Limited Certificates, and shall not issue to him a limited certificate or provisional licence of any sort until the order of suspension has expired.

(1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who—

• (a) Not being a craftsman plumber, or not being a registered plumber, or not being a craftsman gasfitter, or not being a gas inspector, or not being a registered gasfitter, or not being a registered drainlayer, as the case may require, uses or causes to be used, in connection with his business or trade or calling, any words, titles, or initials, or any abbreviations of any words, titles, or initials, that are intended to cause, or that may reasonably cause, people to believe that he is a craftsman plumber, or a registered plumber, or a craftsman gasfitter, or a gas inspector, or a registered gasfitter, or a registered drainlayer, as the case may be; or

• (b) Causes or permits the publication of any advertisement that purports to advertise the business of a craftsman plumber or of a craftsman gasfitter or of a registered drainlayer without specifying the name under which the craftsman plumber or craftsman gasfitter or registered drainlayer is registered under this Act; or

• (c) Subject to sections 54 to 56A of this Act, being a registered plumber but not being a craftsman plumber, or being a craftsman plumber but not holding a current licence as a craftsman plumber, does any sanitary plumbing, otherwise than in premises occupied by him, and otherwise than under the direction of a craftsman plumber holding a current licence as such; or

• (d) Subject to sections 39A and 57 of this Act, being a registered gasfitter but not being a craftsman gasfitter, or being a craftsman gasfitter but not holding a current licence as a craftsman gasfitter, does any gasfitting, otherwise than in premises occupied by him, and otherwise than under the direction of a craftsman gasfitter holding a current licence as such; or

• (e) Subject to section 38 and sections 53 to 56A of this Act, does any sanitary plumbing while not holding a current licence as a craftsman plumber or as a registered plumber; or

• (f) Subject to sections 38, 39A, and 57 of this Act, does any gasfitting while not holding a current licence as a craftsman gasfitter or as a registered gasfitter; or

• (fa) Does any work authorised by or under this Act to be done by a gas inspector while not holding a current licence as a gas inspector; or

• (fb) Knowingly employs or permits or pays any person to do any work authorised by or under this Act to be done by a gas inspector when that work is done contrary to the provisions of this Act; or

• (g) Subject to section 38 of this Act, does any drainlaying while not holding a current licence as a registered drainlayer; or

• (h) Knowingly employs or permits or pays any person to do any sanitary plumbing or gasfitting or drainlaying contrary to the provisions of this Act; or

• (i) Allows his certificate of registration, licence, or limited certificate to be used by any other person.

(2) No person shall be convicted of an offence against paragraph (c), or, in relation to sanitary plumbing performed by a registered plumber, paragraph (h), of subsection (1) of this section in respect of anything done before the 1st day of October 1977.

(3) No person shall be convicted of an offence against paragraph (d), or, in relation to gasfitting performed by a registered gasfitter, paragraph (h), of subsection (1) of this section in respect of anything done before the 1st day of October 1977.

(4) No person, who, immediately before the commencement of this Act, was registered as a drainlayer under the Health Act 1956, shall be convicted of an offence, in relation to his business or trade of drainlaying, against paragraph (a), or of an offence against paragraph (g), of subsection (1) of this section in respect of anything done before the 1st day of October 1977.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who, being the holder of an employer licence, acts in contravention of, or fails to comply with, any condition of the licence.

(1) In a prosecution for an offence against this Act, the onus shall be on the defendant to prove, where the facts are in issue, that he is or at all material times was, a registered person or a tradesperson or the holder of a licence or of a limited certificate under this Act, as the case may be.

(2) The production by the defendant of a certificate or licence issued in accordance with this Act under the hand of the Registrar or (in the case of an employer licence) under the hand of the Secretary shall, in the absence of proof to the contrary, be sufficient evidence of the facts stated in the certificate or licence.

(3) In a prosecution for an offence against this Act, a certificate purporting to be under the hand of the Registrar to the effect that a person is not registered, or is not the holder of a licence or of a limited certificate under this Act, or to the effect that that person's registration is suspended or is not in force, either generally or in relation to any particular register, or particular class of licence or limited certificate, or to the effect that a person is disqualified from doing gasfitting by virtue of an order made under section 42(2A)(c) of this Act, or that the authority of a person to do gasfitting in that person's capacity as a tradesperson is restricted by virtue of an order made under section 42(2A)(d) of this Act, shall, in the absence of proof to the contrary, be sufficient evidence of any such fact that is stated in the certificate.

(4) In a prosecution for an offence against this Act, a certificate purporting to be under the hand of the Secretary to the effect that a person is not the holder of an employer licence shall, in the absence of proof to the contrary, be sufficient evidence of the fact stated in the certificate.

Notwithstanding section 14 of the Summary Proceedings Act 1957, an information in respect of an offence against this Act may be laid at any time within 3 years after the time when the matter of the information arose.

(1) Notwithstanding anything in this Act, a craftsman gasfitter or registered gasfitter who holds a current licence and who satisfies the Board, by examination or otherwise, that he is competent to perform the work of fixing or unfixing a gas water heater, or any pipe that supplies or is intended to be a means of supplying water to such heater or hot water from such a heater to any fitting or appliance, whether or not any fitting or appliance is there when the work is done, may, subject to the provisions of any other enactment, perform that work, but only, in the case of a registered gasfitter, in circumstances in which a registered plumber is authorised by this Act to perform that work.

(2) Notwithstanding anything in this Act, a holder of a limited certificate to do gasfitting may, subject to paragraph (a) of subsection (4) of section 38 of this Act, or to paragraph (b) of that subsection (for which purpose the work shall be deemed to be gasfitting) as the case may require, and to the provisions of any other enactment, do the work mentioned in subsection (1) of this section, if the person under whose supervision or in whose employment he is working is a craftsman plumber, or a registered plumber, or a craftsman gasfitter, or a registered gasfitter authorised to do that work.

(1) Notwithstanding anything in any bylaw requiring sanitary plumbing to be done only by specified persons or classes of persons, and notwithstanding anything in this Act, the owner of any premises situated in a place to which this subsection applies and occupied by him as a residence or intended residence for himself, or for himself and members of his family, may, subject to the provisions of any other enactment, personally do any sanitary plumbing in those premises, with or without the assistance of any member of his family living with him, but without the assistance of any other person.

(2) For the purposes of subsection (1) of this section owner, in relation to any premises, means the person who would for the time being be entitled to receive the rack rent of the premises on his own account if the premises were let.

(3) Subsection (1) of this section shall apply to every place that the Minister, after consultation with the local authority, from time to time specifies by notice in the Gazette.

(4) Neither the operation of subsection (1) of this section, nor anything in section 56 of this Act, shall prohibit any person from completing any sanitary plumbing that he has lawfully commenced.

(5) [Repealed]

(6) [Repealed]

(1) Notwithstanding any of the other provisions of this Act, the Minister may from time to time, by notice in the Gazette, designate any area, other than an area that forms part of a city, a borough, or a town district, as an area where sanitary plumbing may be done by any person.

(2) Notwithstanding any of the other provisions of this Act, but subject to any other enactment, a person may do any sanitary plumbing in any area in respect of which a notice given under subsection (1) of this section is for the time being in force.

(3) The Minister may at any time vary or revoke any notice issued under subsection (1) of this section.

(4) The Minister shall not issue any notice under subsection (1) of this section, or vary or revoke any such notice under subsection (3) of this section, until after consultation with the appropriate local authority.

(5) Neither the variation or revocation of a notice under this section, nor anything in section 56 of this Act, shall prevent any person from completing any sanitary plumbing that he has lawfully commenced.

(1) Where the whole or any part of the district of any local authority in which subsection (1) of section 54 or subsection (1) of section 55 of this Act is for the time being in force is included within the district of any other local authority, the said subsection or, as the case may require, each of the said subsections shall cease to apply to the district or part of the district so included unless—

• (a) The said subsection or, as the case may require, each of the said subsections is in force in the district of the last-mentioned local authority; or

• (b) the Order in Council giving effect to the relevant reorganisation scheme under the Local Government Act 2002 specifies that section 54(1) or section 55(1) or, as the case may require, each of those subsections is to continue in force in the first-mentioned district or part of the district

(2) If the whole or any part of the district of a local authority is included within the district of any other local authority to which section 54(1) or section 55(1) is for the time being in force then, unless the Order in Council giving effect to the relevant reorganisation scheme under the Local Government Act 2002 otherwise provides, section 54(1) or section 55(1) or each of those subsections, as the case may require, comes into force in the district or part of the district so included on the date on which the relevant reorganisation scheme becomes operative.

Notwithstanding anything in this Act, but subject to any regulations made under this Act and to the provisions of any other enactment, any person who satisfies the Board, whether by examination or otherwise, that he is competent to install and maintain particular sanitary plumbing equipment or sanitary plumbing equipment of a particular kind may, either personally or by some other person acting under his direct personal supervision,—

• (a) Install and maintain in any industrial or commercial premises the equipment or equipment of a kind specified in writing by the Board as equipment of a kind that may be installed and maintained by him; and

• (b) Fix or unfix pipes for the purposes of such installation and maintenance.

(1) Notwithstanding anything in this Act, but subject to any regulations made under this Act and to the provisions of any other enactment, the Board, on being satisfied that any person (whether by examination or otherwise) is—

• (a) Competent to install and maintain particular fittings or gas appliances, or fittings or gas appliances of a particular kind; or

• (b) Competent to supervise persons doing particular gasfitting, to test and certify particular work, and to connect the work to a supply of gas, in accordance with subsection (5) of this section,—

may, as the case may be, authorise any person to—

• (c) Either personally or by some other person acting under his or her direct personal supervision—

  • (i) Install and maintain any fittings or gas appliances to which paragraph (a) of this subsection applies; and

  • (ii) Carry out any other gasfitting for the purposes of paragraph (a) of this subsection ; or

• (d) Supervise, test and certify, and connect particular work, in accordance with subsection (5) of this section —

and may place time limits on the authorisation, impose any other reasonable conditions on the authorisation, and revoke the authorisation if such other conditions are not complied with.

(2) Notwithstanding anything in this Act, any person (being a person who is engaged in any profession, trade, or calling specified in that behalf in regulations made under section 66 of this Act, or in any class of profession, trade, or calling so specified) may do any gasfitting in the course of that person's profession, trade, or calling, if—

• (a) The work done by that person is within the limits prescribed by regulations made under section 66 of this Act for the purposes of this subsection; and

• (b) The work is carried out in accordance with the requirements of any regulations made under section 54 of the Gas Act 1992 ; and

• (c) The work is carried out in a competent manner.

(3) Nothing in this Act shall apply in respect of any person doing gasfitting on any industrial premises that have a design capacity for energy consumption by gas-fired installations of more than 60,000 megajoules per hour, if the person in charge of the industrial plant on those premises has been approved for the purposes of this subsection by the Secretary.

(4) Notwithstanding anything in this Act, if any pipe conveying or intended to convey gas is installed underground from the outlet connection of a gas meter to any premises, any person may, with the prior approval of any gas operator (within the meaning of the Gas Act 1992 ) supplying that gas to those premises, or of the Natural Gas Corporation of New Zealand Limited, if the gas is supplied to the premises by that corporation, fix or unfix that pipe.

(5) Notwithstanding anything in this Act, but subject to any regulations made under this Act, any person may do any gasfitting if—

• (a) The work done by that person is carried out under the supervision of a craftsman gasfitter or a person authorised under subsection (1)(d) of this section ; and

• (b) While that work is done, no pipe or appliance in respect of which that gasfitting is done is connected to any supply of gas; and

• (c) The work is—

  • (i) Tested and certified in accordance with regulations made under section 54 of the Gas Act 1992 ; and

  • (ii) Connected to a supply of gas—

  by a craftsman gasfitter or a person authorised under subsection (1)(d) of this section, or by a registered gasfitter acting under the authority of a craftsman gasfitter.

(6) In subsection (5) of this section, the term supervision, in relation to any work, means that the work is undertaken under such control and direction of a craftsman gasfitter or a person authorised under subsection (1)(d) of this section as is sufficient to ensure that the work is performed competently and safely.

(1) A person who is dissatisfied with a decision or order of the Board—

• (a) Refusing an application by him for registration; or

• (b) Refusing an application by him for a limited certificate; or

• (c) Refusing to restore his name to a register under Part 2 of this Act ; or

• (d) Amending or refusing to amend the particulars of his registration; or

• (da) Under section 36C of this Act relating to that person; or

• (e) Ordering that his name be removed from a register, or that his registration be suspended; or

• (ea) Under section 42(2A) of this Act relating to that person; or

• (f) Imposing a fine on him; or

• (g) Censuring him; or

• (h) Requiring him to pay any costs of or incidental to any inquiry; or

• (i) Refusing to consider an application for the restoration of his name to a register under section 42 of this Act —

may, within 28 days after notice of the decision or order has been communicated to him by the Registrar of the Board, appeal to the High Court against the whole or any part of the decision or order.

(2) Any person who is dissatisfied with the whole or any part of—

• (a) Any decision of the Registrar under section 36D of this Act relating to that person; or

• (b) Any decision of the Secretary under section 39A or section 39B or section 39C or section 39D of this Act relating to that person—

may, within 28 days after notice of the decision has been communicated to that person, appeal to the High Court against the decision.

(1) The Court may, on hearing an appeal under this Part of this Act, confirm, reverse, or modify the decision, direction, or order of the Board or, as the case may require, the Registrar or the Secretary, or may give any decision, or make any direction or order, that the Board or, as the case may require, the Registrar or the Secretary could have given or made in respect of the matter.

(2) Nothing in this section shall empower the Court to review any part of the decision, direction, or order of the Board or the Registrar or the Secretary other than the part against which the appeal has been brought.

(3) The decision of the Court in any such appeal shall be final.

Subject to this part of this Act, the procedure in respect of an appeal shall be in accordance with the rules of the Court.

For the purposes of this Part of this Act, a decision of a committee of the Board appointed to exercise on behalf of the Board any function or power conferred on the Board under Part 2 or section 36C of this Act shall be deemed to be a decision of the Board.

(1) Neither the Board, nor any committee appointed by the Board, nor an investigator appointed under section 40, nor an assessor appointed under section 44, nor any member, officer, agent, or employee of the Board or of any of those persons, is under any criminal or civil liability in respect of—

• (a) Any act done or omitted to be done in the course of the exercise or intended exercise of any of their functions, duties, or powers under this Act; or

• (b) Any words spoken or written at, or for the purposes of, the hearing of any inquiry or other proceedings under this Act; or

• (c) Anything contained in any notice given under this Act.

(2) Subsection (1) does not exclude the liability of any body or person for anything done or omitted in bad faith or without reasonable care.

(3) Subsection (1) does not exclude the liability of the Board in respect of a power that is conferred solely by section 5(2) or section 13.

(1) Every local authority shall enforce within its district the provisions of this Act relating to plumbing and drainlaying that require enforcement.

(2) [Repealed]

(3) No craftsman plumber or registered plumber or craftsman gasfitter or registered gasfitter or registered drainlayer or holder of a limited certificate shall be required under any bylaw made by a local authority to pass any examination or to obtain any licence or to pay any licence fee in order to practice the trade of sanitary plumbing or gasfitting or drainlaying, as the case may require.

(4) In relation to sanitary plumbing, the expression local authority in subsection (1) of this section, includes any drainage board for the time being undertaking the regulation of sanitary plumbing or drainlaying within its district, and, in subsections (2) and (3) of this section, includes any drainage board.

(5) In relation to drainlaying, the expression local authority in subsections (1) to (3) of this section, includes any drainage board.

(6) [Repealed]

The Board may from time to time make arrangements with the appropriate authorities controlling the registration or recognition of drainlayers, gasfitters, or plumbers elsewhere than in New Zealand for the reciprocal recognition of registration, certificates, or other evidence of proficiency in drainlaying, gasfitting, or sanitary plumbing.

The Governor-General may from time to time by Order in Council specify any description of work relating to the supply of gas (not being gasfitting within the meaning of this Act), or any description of plumbing work (not being sanitary plumbing within the meaning of this Act), and may by the order direct that, subject to such exceptions and modifications as may be specified in the order, such provisions of this Act as may be so specified (including provisions relating to offences or penalties) shall have effect in relation to work of either of those descriptions as they have effect in relation to gasfitting or sanitary plumbing; and, as from a date to be specified in the order, the provisions of this Act shall apply accordingly.

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) Prescribing the form of and the method of keeping the registers:

• (b) Prescribing the forms required for the purposes of this Act, or providing for the Board to prescribe those forms:

• (c) Providing that limited certificates shall be renewable at such intervals or on or before such dates as may be prescribed, and providing for the lapsing of such certificates if not so renewed:

• (d) [Repealed]

• (e) Prescribing examinations for the purposes of this Act, the bodies or persons by whom any such examinations are to be conducted, the conduct of any such examinations, and the fees payable in respect of any such examinations:

• (f) Prescribing the nature and duration of any training or experience necessary for the purpose of obtaining registration under this Act, and relating any period so prescribed to the time of undertaking any examination for such purpose:

• (fa) Prescribing, for the purposes of section 39A(1)(a) of this Act, requirements in relation to the system of operation to be maintained by holders of an employer licence:

• (fb) Prescribing the limits or scope of work which any person to whom section 57(2) of this Act applies may do:

• (fc) Prescribing, for the purposes of section 57(2) of this Act, professions, trades, or callings, or classes of professions, trades, or callings, in the course of which persons may do gasfitting work:

• (g) Restricting and regulating the performance of particular kinds of sanitary plumbing, gasfitting, or drainlaying, whether by reference to the nature of the work or by reference to the kind of premises, operations, equipment, materials, or substances involved, or otherwise, and prohibiting or restricting persons (whether or not they are registered persons), or any specified class of persons, or persons not possessing specified qualifications or not belonging to a specified class, from performing any such specified kinds of work, and providing for the issue of licences to do any such work, and prescribing fees in respect of such licences:

• (h) Regulating the procedure of the Board:

• (i) [Repealed]

• (j) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.

(2) Any regulation made under subsection (1) of this section may make different provisions in respect of different classes of registered persons, or different classes of holders of limited certificates, or different classes of persons undertaking examinations or undergoing training or acquiring experience.

(3) Nothing in subsection (1) of this section, or in any regulations made under that subsection, shall prevent the Board approving, for the purposes of sections 21 to 25 of this Act, an examination that is not prescribed under that subsection.

(4) Notwithstanding section 1(2) of this Act, any regulation made under subsection (1) of this section pursuant to the authority conferred by section 12 of the Acts Interpretation Act 1924, and prescribing fees payable under this Act in respect of anything to be done, or in respect of any period beginning on or after the 1st day of April 1977, may be expressed to take effect on the date on which it is made or on any subsequent date.

(1) Until the Board appoints a Registrar under section 13 of this Act, the person for the time being holding the office of Chief Inspector of Health in the Ministry of Health shall continue to be the Registrar for the purposes of this Act, and every other person employed in the Ministry of Health who, immediately before the commencement of this Act, is performing duties on behalf of the Plumbers and Gasfitters Board under the Plumbers and Gasfitters Registration Act 1964, and any persons from time to time appointed in their place under the State Sector Act 1988, shall continue to perform such duties on behalf of the Plumbers, Gasfitters, and Drainlayers Board.

(2) Any person referred to in subsection (1) of this section may hold his office under the Board either separately or in conjunction with any other office in the Public Service.

(3) At the end of any financial year in which the Board has made use of accommodation provided by the Crown, or of the services of persons in the Public Service, the Board shall pay to the Crown such sum in respect of that year as the Minister considers to be reasonable. Any such sum shall be recoverable by the Crown as a debt due by the Board.

(4) For the purpose of applying the provisions of this Act during the period commencing with the 1st day of April 1977 and ending with the appointment of the first Chairman of the Board under section 7 of this Act, the person for the time being holding the office of Chief Inspector of Health in the Ministry of Health shall be deemed to be the Chairman of the Board.

(5) All money standing to the credit of the bank account established under section 30 of the Plumbers and Gasfitters Registration Act 1964 immediately before the commencement of this Act shall on the commencement of this Act, without conveyance, transfer, or assignment, vest in the Board.

(6) All the contracts, debts, and liabilities of the Plumbers and Gasfitters Board existing immediately before the commencement of this Act shall on the commencement of this Act become the contracts, debts, and liabilities of the Board.

(1) The Plumbers and Gasfitters Registration Act 1964 and the Plumbers and Gasfitters Registration Amendment Act 1967 are hereby repealed.

(2) The Health Act 1956 is hereby consequentially amended by repealing section 120(1)(a).

(3) The Health (Drainlayers' Registration) Regulations 1948, the Health (Drainlayers' Registration) Regulations 1948, Amendment No 1, and the Health (Drainlayers' Registration) Regulations 1948, Amendment No 3, are hereby revoked.

(4) Notwithstanding the revocation of the Health (Drainlayers' Registration) Regulations 1948 by subsection (3) of this section,—

• (a) Regulations 6 to 9 of those regulations shall continue to apply until the 1st day of January 1978 as if this Act had not been enacted:

• (b) Subject to section 27 of this Act, any person who receives a certificate under the said regulation 9 before that date shall be deemed, for the purposes of section 25 of this Act, to be entitled to be registered as a drainlayer pursuant to paragraph (b) of subsection (1) of that section.

(5) Every reference in any Act, Order in Council, Proclamation, notice, regulations, rules, agreement, deed, instrument or document whatsoever to the Plumbers and Gasfitters Board shall, unless the context otherwise requires, after the commencement of this Act be read as a reference to the Plumbers, Gasfitters, and Drainlayers Board.