Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Powers and procedure of Board on disciplinary matters

327: Witness and counsel privileges

You could also call this:

“People who help in disciplinary cases are protected like they would be in court”

When you give documents, things, or information to the Board about a disciplinary matter, you have the same rights as witnesses in a court. This means you’re protected when you share information.

If you give evidence or answer questions at a Board hearing about a disciplinary matter, you also have the same rights as witnesses in a court. This protects you when you speak at the hearing.

If you’re a lawyer appearing before the Board for a disciplinary matter, you have the same rights and protections as lawyers in a court. This ensures you can do your job without fear.

These rules help make sure people can speak freely and honestly when dealing with disciplinary matters at the Board, just like they would in a court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308653.

Topics:
Crime and justice > Courts and legal help

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“If you don't show up or answer questions when the Board asks, you could get in trouble and have to pay money.”


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328: Enforcement of actions, or

“The Board can still take action against someone even if they are no longer a licensed builder.”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Powers and procedure of Board on disciplinary matters

327Witness and counsel privileges

  1. Every person who does the following things has the same privileges as witnesses have in a court:

  2. provides documents, things, or information to the Board in relation to a disciplinary matter; or
    1. gives evidence or answers questions at a hearing of the Board in relation to a disciplinary matter.
      1. Every counsel appearing before the Board in relation to a disciplinary matter has the same privileges and immunities as counsel in a court.

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