Plain language law

New Zealand law explained for everyone

Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Appeal from decisions

339: Orders as to publication of names

You could also call this:

“The appeal authority can stop names from being shared to protect people's privacy and the public interest.”

When you appeal a decision under this part of the law, the appeal authority can stop people from sharing the name or details about a licensed building practitioner or someone else involved. They can do this if they think it’s the right thing to do.

When deciding whether to stop this information from being shared, the appeal authority needs to think about two main things. First, they need to consider what’s best for the people involved, including protecting the privacy of anyone who made a complaint. Second, they need to think about what’s best for everyone in the public.

If the appeal authority decides to stop the name or details of a licensed building practitioner from being shared, the person in charge of the register has to remove that information. They’ll take out the name or details from the part of the register that’s related to the appeal, but only as much as the appeal authority said to remove.

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 It might be out of date or be missing some parts.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=DLM308666.

Topics:
Crime and justice > Courts and legal help
Rights and equality > Privacy
Previous

338: Orders as to costs, or

“The appeal authority can decide who pays for the costs of an appeal.”

Next

340: Appeal on question of law, or

“You can challenge a legal decision if you think the judge made a mistake about the law.”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Appeal from decisions

339Orders as to publication of names

  1. On an appeal under this subpart, the appeal authority may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a licensed building practitioner or any other person.

  2. In deciding whether to make an order under subsection (1), the appeal authority must have regard to—

  3. the interests of any person (including, without limitation, the privacy of any complainant); and
    1. the public interest.

      1. If the appeal authority prohibits the publication of the name or particulars of the affairs of a licensed building practitioner, the Registrar must remove the name or particulars of the affairs of that licensed building practitioner from the register in relation to the matter under appeal to the extent necessary to reflect the appeal authority's prohibition on publication.