Act Repealed Latest version as at 30 November 1982 (as enacted) | 1982 No 116

Architects Amendment Act 1982

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Contents

Short Title

Interpretation

Rules of the Institute

Qualifications for membership

Improper use of terms implying registration under this Act or membership of Institute

Repeal of spent provisions

Consequential amendments

Schedule Amendments to Principal Act

Architects Amendment Act 1982

Public Act		1982 No 116
Date of assent		30 November 1982

	Title
1	Short Title
2	Interpretation
3	Rules of the Institute
4	Qualifications for membership
5	Improper use of terms implying registration under this Act or membership of Institute
6	Repeal of spent provisions
7	Consequential amendments
	Schedule Amendments to Principal Act
	Administrative information

An Act to amend the Architects Act 1963

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Architects Amendment Act 1982, and shall be read together with and deemed part of the Architects Act 1963 (hereinafter referred to as the principal Act).

2 Interpretation

(1)

Section 2 of the principal Act is hereby amended by repealing the definition of the term “registering authority”.

(2)

Section 2 of the principal Act is hereby further amended by inserting, after the definition of the term “Registrar”, the following definition:

“‘Rules of the Institute’ means any rules made from time to time in accordance with section 9 of this Act:”.

(3)

Section 2 of the principal Act is hereby further amended by repealing the definition of the term “Tribunal”.

3 Rules of the Institute

Section 9(1)(p) of the principal Act is hereby repealed.

4 Qualifications for membership

(1)

The principal Act is hereby amended by repealing section 12 (as substituted by section 2 of the Architects Amendment Act 1979), and substituting the following section:

“12

“(1)

Subject to the provisions of this section, the following persons shall be eligible for election to membership of the Institute, namely:

“(a)

Every person who is registered as an architect under this Act:

“(b)

Every person who is the holder of a recognised certificate as defined in section 16(3) of this Act.

“(2)

Notwithstanding anything in subsection (1) of this section, the Council may from time to time, in accordance with the rules of the Institute, elect any person to be one or more of the following:

“(a)

A non-subscribing member of the Institute:

“(b)

An honorary member of the Institute:

“(c)

A non-corporate member of the Institute.

“(3)

A non-subscribing member of the Institute or an honorary member of the Institute or a non-corporate member of the Institute shall not be eligible for election or appointment to the Council or be entitled to vote at any meeting of the Institute but shall be entitled to such privileges and shall be subject to such obligations as may be prescribed by the rules of the Institute; and the words ‘member of the Institute’ in this Act shall, unless the context otherwise requires, include a non-subscribing member, an honorary member, and a non-corporate member.

“(4)

The Council may from time to time elect as a life member any member of the Institute qualified in terms of subsection (1) of this section whom the Council considers to have outstanding ability as an architect or to have rendered outstanding service to the Institute or the profession of architecture and any such life member shall be entitled to such additional privileges as may be prescribed by the rules of the Institute.

“(5)

Every member of the Institute who is not registered as an architect under this Act shall:

“(a)

Notwithstanding anything in section 14 of this Act, remain without classification under that section unless he is an honorary member of the Institute; and

“(b)

If convicted of an offence against section 53(1) of this Act, be liable to be suspended or expelled from the Institute for that offence, whether or not any penalty is imposed on him for the offence.

(2)

Section 2 of the Architects Amendment Act 1979 is hereby consequentially repealed.

5 Improper use of terms implying registration under this Act or membership of Institute

(1)

Section 53(1) of the principal Act is hereby amended by omitting the expression “subsection (4)”, and substituting the expression “subsections (1a) and (4)”.

(2)

Section 53 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:

“(1a)

A person who is a member of the Institute but who is not registered as an architect under this Act commits an offence against subsection (1) of this section only if, in carrying on, whether as an employee or principal, the practice of architecture in New Zealand he uses, or causes or permits to be used, in connection with his name or practice or with the name under which he carries on practice,—

“(a)

The written word ‘architect’ or any combination of written words that includes the word ‘architect’ or any written words, initials, or abbreviations of words intended to cause or which may reasonably cause any person to believe that the person using the same is an architect; or

“(b)

The words ‘Fellow of the New Zealand Institute of Architects’ or ‘Associate of the New Zealand Institute of Architects’ or the initials ‘F.N.Z.I.A.’ or ‘A.N.Z.I.A.’.”

6 Repeal of spent provisions

The principal Act is hereby amended by repealing—

(a)

Sections 17 and 18 and the heading above section 17; and

(b)

Sections 29 to 32 and the heading above section 29.

7 Consequential amendments

The principal Act is hereby consequentially amended in the manner indicated in the Schedule to this Act.

Schedule Amendments to Principal Act

Section 7

Section Amended	Amendment
Section 8	By omitting from paragraph (a) the words “or the Tribunal” in both places where they occur.
Section 14	By repealing subsections (4) and (5), and substituting the following subsection: “(4) Every architect who is registered pursuant to this Act shall, on election to membership of the Institute, be classified as an Associate.”
Section 15	By omitting paragraph (b), and substituting the following paragraph: “(b) Obtains from the Board or the High Court a direction for his registration under this Act; or”.
Section 15	By omitting from the proviso the words “registering authority”, and substituting the word “Board”.
Section 16	By omitting the expression “registering authority” wherever it appears, and substituting in each case the word “Board”.
Section 19	By omitting from subsection (1), and also from subsection (2), the words “registering authority”, and substituting in each case the word “Board”.
Section 20	By repealing this section, and substituting the following section: “20 Appeal from Board to High Court “(1) Any person who is dissatisfied with any determination of the Board on his application for registration under this Act may appeal from that determination to the High Court. “(2) On any such appeal the facts may be proved by affidavit unless the Court orders otherwise. “(3) The appeal shall be instituted, and notice thereof given to the Board, not later than 28 days after the Board’s determination has been communicated in writing to the appellant. “(4) In deciding an appeal the Court may substitute its own opinion for the opinion of the Board upon any matter about which, by any provision of sections 15 and 16 of this Act, the Board is required to be satisfied, and may exercise its own discretion over any matter confided to the discretion of the Board by those sections. “(5) The Court may order that the appellant be registered, or be registered conditionally or upon terms, or may dismiss the appeal, with or without costs, as it thinks fit.”
Section 21	By repealing subsection (2), and substituting the following subsection: “(2) The Registrar shall forthwith register as on the day on which registration is directed by either the Board or the High Court all persons whom the Board or the High Court directs to be registered.”
Section 22	By repealing the proviso to paragraph (c) of subsection (1).
Section 22	By omitting from paragraph (e) of subsection (1) the words “registering authority”, and substituting the word “Board”.
Section 36	By omitting from paragraph (a) the words “including any matter which may arise in connection with the administration of section 18 of this Act,”.
Section 36	By omitting from paragraph (f) the words “after the Tribunal is dissolved”.
Section 39	By omitting from subsection (1) the words “Tribunal, the”.
Section 39	By omitting from subsection (2) the words “of the Tribunal and”.
Section 40	By repealing this section, and substituting the following section: “40 Extraordinary vacancies on Board or Investigation Committee “(1) If any person, while holding office as a member of the Board or Investigation Committee,— “(a) Ceases to possess any qualification necessary for his appointment to the office; or “(b) Is convicted of any offence punishable by imprisonment; or “(c) Becomes a mentally disordered person within the meaning of the Mental Health Act 1969; or “(d) Is adjudged bankrupt; or “(e) Becomes incapable of performing his duties as a member of the Board or Committee,— his office shall be thereby vacated. “(2) If any member of the Investigation Committee becomes a member of the Board, his office as a member of the Committee shall be thereby vacated. “(3) If any appointed member of the Board or Investigation Committee dies or resigns or otherwise vacates his office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed. “(4) Unless he sooner vacates his office as provided in the foregoing provisions of this section, every appointed member of the Board or of the Committee shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired. “(5) The powers of the Board and the Committee shall not be affected by any vacancy in the membership thereof.”
Section 46	By omitting the words “or the Tribunal” wherever they appear.
Section 46	By omitting from subsection (3) the words “or Tribunal”.
Section 47	By omitting the words “, the Board, or the Tribunal”, and substituting the words “or the Board”.
Section 48	By omitting the words “or Tribunal” wherever they appear.
Section 49	By omitting from subsection (1), and also from subsection (3), the words “the Tribunal or” wherever they appear.
Section 49	By omitting from subsection (3)(b) the words “the members of the Tribunal and”.
Section 56	By omitting from paragraph (e) the word “, Tribunal,”.

This Act is administered in the Department of Internal Affairs.

Architects Amendment Act 1982