Plain language law

New Zealand law explained for everyone

Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Discipline

318: Disciplinary penalties

You could also call this:

“The Board can punish someone who breaks the rules by taking away their licence, stopping them from working, or making them pay money.”

If you do something wrong as mentioned in section 317, the Board can give you different penalties. They can cancel your licence and take your name off the register. They might also stop you from applying for a new licence for a set time.

The Board can suspend your licence for up to 12 months or until you meet certain conditions. They can limit the type of building work you’re allowed to do. They might tell you off or make you do some training.

The Board can also fine you up to $10,000. They can only choose one main action from cancelling, suspending, limiting your work, or telling you off. But they can add a fine to suspending your licence or telling you off.

You can’t be fined for something you’ve already been found guilty of in court. The Board can make you pay for the costs of their investigation. They can also tell people about the action they’ve taken against you, both in the register and in other ways.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308643.

Topics:
Crime and justice > Criminal law
Work and jobs > Job licenses
Business > Industry rules
Previous

317: Grounds for discipline of licensed building practitioners, or

“Reasons why builders can get in trouble with the law for doing bad or wrong things when building”

Next

319: Non-payment of fines or costs, or

“If you don't pay your fines on time, you might lose your license or have it taken away for a while.”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Discipline

318Disciplinary penalties

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

  2. do both of the following things:
    1. cancel the person's licensing and direct the Registrar to remove the person's name from the register; and
      1. order that the person may not apply to be relicensed before the expiry of a specified period:
      2. suspend the person's licensing for a period of no more than 12 months or until the person meets specified conditions relating to the licensing (but, in any case, not for a period of more than 12 months) and direct the Registrar to record the suspension in the register:
        1. restrict the type of building work or building inspection work that the person may carry out or supervise under the person’s licensing class or classes and direct the Registrar to record the restriction in the register:
          1. order that the person be censured:
            1. order that the person undertake training specified in the order:
              1. order that the person pay a fine not exceeding $10,000.

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

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

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

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

                Compare
                Notes
                • Section 318(1)(a)(i): amended, on , by section 81(1) of the Building Amendment Act 2008 (2008 No 4).
                • Section 318(1)(b): amended, on , by section 81(2) of the Building Amendment Act 2008 (2008 No 4).
                • Section 318(1)(c): amended, on , by section 81(3) of the Building Amendment Act 2008 (2008 No 4).