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Building Act 2004

Review of building code

Schedule 3: Further provisions applying to Board

You could also call this:

“Rules for how the Building Practitioners Board works and what its members must do”

The Board is appointed by the Minister, who sends written notice to each member. Members must be natural persons who are not disqualified due to bankruptcy, financial misconduct, or other specified reasons. Members are appointed for up to 5 years and can be reappointed.

Members have duties to act in good faith, with care and skill, and in the Board’s best interests. They must disclose any conflicts of interest and not vote on matters where they are interested. The Board as a whole must act consistently with its objectives and functions.

The Minister appoints a chairperson and deputy chairperson. Meetings require a quorum of at least 3 members. Decisions are made by majority vote. The Board can delegate some functions to subcommittees of at least 3 Board members.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309342.

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3Further provisions applying to Board

1Method of appointment

  1. The Minister appoints a member by sending written notice to the member (with a copy to the Board).

  2. The notice of appointment must—

  3. state the date on which the appointment takes effect; and
    1. be given only after the person to be appointed has—
      1. consented in writing to being a member; and
        1. certified in writing that he or she is not disqualified from being a member; and
          1. disclosed to the Minister all interests that the person would, if he or she were a member, have to disclose under clauses 15 to 18 at the time of the certificate.

          2. When a member of the Board is appointed, the Minister must publish a notice in the Gazette confirming the appointment.

          Notes
          • Schedule 3 clause 1(1): amended, on , by section 12(1) of the Statutes Amendment Act 2019 (2019 No 56).
          • Schedule 3 clause 1(3): inserted, on , by section 12(2) of the Statutes Amendment Act 2019 (2019 No 56).

          2Qualifications of members

          1. A natural person who is not disqualified by this clause may be a member.

          2. The following persons are disqualified from being a member:

          3. a person who is an undischarged bankrupt:
            1. a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:
              1. a person who is subject to a property order made under section 10, section 11, section 12, section 30, or section 31 of the Protection of Personal and Property Rights Act 1988, or whose property is managed by a trustee corporation under section 32 of that Act:
                1. a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon or served the sentence or otherwise suffered the penalty imposed on the person:
                  1. a person who has failed to disclose all interests under clause 1.

                    Notes
                    • Schedule 3 clause 2(2)(b): replaced, on , by section 25 of the Securities Amendment Act 2006 (2006 No 46).
                    • Schedule 3 clause 2(2)(b): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

                    3Term of appointment

                    1. A member holds office for 5 years or any shorter period stated in the notice of appointment.

                    2. A member may be reappointed.

                    3. A member continues in office despite the expiry of his or her term of office until—

                    4. the member is reappointed; or
                      1. the member's successor is appointed; or
                        1. the Minister informs the member by written notice (with a copy to the Board) that the member is not to be reappointed and no successor is to be appointed at that time.

                          1. This clause is subject to clause 9.

                          Notes
                          • Schedule 3 clause 3(3)(c): amended, on , by section 12(3) of the Statutes Amendment Act 2019 (2019 No 56).

                          4Validity of members' acts

                          1. The acts of a person as a member are valid even if—

                          2. the person's appointment was defective; or
                            1. the person is not qualified to be a member.

                              5Position where concurrent office

                              1. A member may hold that office concurrently with any other office.

                              6Resignation

                              1. A member may resign from office by written notice to the Minister (with a copy to the Board) that is signed by the member.

                              2. The resignation is effective on receipt of the notice by the Minister or at any later time stated in the notice.

                              7Removal from office

                              1. The Minister may, after consultation with the Attorney-General, remove a member from office by written notice to the member (with a copy to the Board) at any time for any of the following reasons proved to the satisfaction of the Minister:

                              2. breach of the member's duties or the Board's collective duties under this schedule; or
                                1. failure or inability to perform, or inadequate performance of, the member's duties and responsibilities as a member; or
                                  1. misconduct by the member; or
                                    1. any other just cause.

                                      1. Before removing the member, the Minister must give the member a reasonable opportunity to make written submissions or be heard on the proposal to remove him or her.

                                      2. The notice of removal must state the reason for the removal.

                                      Notes
                                      • Schedule 3 clause 7(1): amended, on , by section 12(4) of the Statutes Amendment Act 2019 (2019 No 56).
                                      • Schedule 3 clause 7(1): amended, on , by section 12(5) of the Statutes Amendment Act 2019 (2019 No 56).
                                      • Schedule 3 clause 7(2): amended, on , by section 12(6) of the Statutes Amendment Act 2019 (2019 No 56).

                                      8No compensation for ceasing to hold office

                                      1. A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing for any reason to hold office as a member.

                                      9Members ceasing to hold office

                                      1. A member ceases to hold office if he or she—

                                      2. resigns in accordance with clause 6; or
                                        1. is removed from office in accordance with clause 7 or any other enactment; or
                                          1. becomes disqualified from being a member under clause 2; or
                                            1. otherwise ceases to hold office in accordance with any enactment.

                                              10Position where vacancy in membership

                                              1. If a member, for any reason, ceases to hold office as a member, the Minister may appoint another person to act as a member.

                                              2. A member who is appointed under subclause (1) is appointed for a term determined by the Minister, not exceeding 3 years.

                                              Notes
                                              • Schedule 3 clause 10(1): amended, on , by section 12(7) of the Statutes Amendment Act 2019 (2019 No 56).
                                              • Schedule 3 clause 10(2): replaced, on , by section 12(8) of the Statutes Amendment Act 2019 (2019 No 56).

                                              11Effect of vacancy in membership

                                              1. The powers and functions of the Board are not affected by any vacancy in its membership.

                                              12Accountability for duties

                                              1. The duties of members of the Board under this schedule are duties owed to the Minister, and do not provide any ground of action for any other person.

                                              2. If the Board breaches any of its duties under clause 14,—

                                              3. each member of the Board is accountable to the Minister for the breach; and
                                                1. that breach justifies all or any of the members being removed from office.

                                                  13Duties of members

                                                  1. A member, when acting as a member, must act—

                                                  2. in good faith; and
                                                    1. with reasonable care, diligence, and skill; and
                                                      1. with honesty and integrity; and
                                                        1. in accordance with any statement of expectations as to standards of good conduct for members of statutory bodies issued by 1 or more Ministers of the Crown that applies to statutory bodies (or classes of them) generally.

                                                          14Collective duties of Board

                                                          1. The Board must—

                                                          2. not contravene this Act; and
                                                            1. act in a manner consistent with the objectives and functions of the Board; and
                                                              1. perform its functions efficiently and effectively and in a manner consistent with the spirit of service to the public.

                                                                15Meaning of interested

                                                                1. A member is interested in a matter relating to the Board if, and only if, the member—

                                                                2. is a party to, or will or may derive a material financial benefit from, the matter; or
                                                                  1. has a material financial interest in a person to whom the matter relates; or
                                                                    1. is a director, officer, member, or trustee of a person who will or may derive a material financial benefit from the matter; or
                                                                      1. is the parent, child, spouse, civil union partner, or de facto partner of a person who will or may derive a material financial benefit from the matter; or
                                                                        1. is otherwise directly or indirectly materially interested in the matter.

                                                                          1. However, a member is not interested in a matter merely because he or she is a member of a professional building industry body.

                                                                          Notes
                                                                          • Schedule 3 clause 15(1)(d): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

                                                                          16Obligation to disclose interest

                                                                          1. A member who is interested in a matter relating to the Board must disclose the nature of the interest in accordance with clause 17 as soon as practicable after the member becomes aware that he or she is interested.

                                                                          17Method of disclosure of interest

                                                                          1. If clause 16 applies, the member must disclose the details listed in subclause (2) in an interests register and to—

                                                                          2. the chairperson or, if there is no chairperson, the deputy chairperson; or
                                                                            1. if the member concerned is the chairperson or the positions of the chairperson and deputy chairperson are vacant, the Minister.

                                                                              1. The details are—

                                                                              2. the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or
                                                                                1. the nature and extent of the interest (if the monetary value cannot be quantified).

                                                                                  18Consequences of interest

                                                                                  1. A member who is interested in a matter relating to the Board—

                                                                                  2. must not vote or take part in any deliberation or decision of the Board relating to the matter; and
                                                                                    1. must be disregarded for the purpose of forming a quorum for that part of a meeting of the Board during which a deliberation or decision relating to the matter occurs or is made.

                                                                                      19Confidentiality of information

                                                                                      1. A member who has information in his or her capacity as a member that would not otherwise be available to him or her must not disclose that information to any person, or make use of, or act on, that information, except—

                                                                                      2. for the purposes of the Board; or
                                                                                        1. as required or permitted by law; or
                                                                                          1. in accordance with subclause (2); or
                                                                                            1. in complying with clauses 16 and 17.

                                                                                              1. A member may disclose, make use of, or act on the information if—

                                                                                              2. the member is first authorised to do so by the Board; and
                                                                                                1. the disclosure, use, or act in question will not, or will not be likely to, prejudice the Board.

                                                                                                  20Liability of Board and others

                                                                                                  1. No member of the Board is liable for any act or omission done, in good faith, in the performance or intended performance and exercise of the functions and powers of the Board.

                                                                                                  21Members' remuneration and allowances

                                                                                                  1. The Board is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.

                                                                                                  2. There may be paid, out of public money to the members of the Board, remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly.

                                                                                                  22Appointment

                                                                                                  1. The Minister may appoint one of the members as the chairperson, and another member as the deputy chairperson, of the Board by written notice to the member (with a copy to the Board).

                                                                                                  2. The notice of appointment must state the date on which the appointment takes effect.

                                                                                                  23Term of appointment

                                                                                                  1. The chairperson and the deputy chairperson each holds that office from the date stated in the notice of appointment until he or she—

                                                                                                  2. resigns from that office; or
                                                                                                    1. is removed from it by the Minister; or
                                                                                                      1. ceases to hold office as a member.

                                                                                                        24Resignation

                                                                                                        1. A chairperson or deputy chairperson may, without resigning as a member, resign from that office by written notice to the Minister (with a copy to the Board).

                                                                                                        2. The notice of resignation must state the date on which the resignation takes effect.

                                                                                                        25Removal

                                                                                                        1. The Minister may remove a chairperson or deputy chairperson from that office by written notice to the person (with a copy to the Board).

                                                                                                        2. The notice of removal must state the date on which the removal takes effect.

                                                                                                        26Performance and exercise of chairperson's functions, duties, and powers during vacancy

                                                                                                        1. If there is no chairperson or, for any reason, the chairperson is unable to perform and exercise his or her functions, duties, and powers as chairperson, the deputy chairperson has all the functions, duties, and powers of the chairperson.

                                                                                                        27Procedure generally

                                                                                                        1. Except as otherwise provided in this Act, the members may regulate their own procedure.

                                                                                                        28Notice of meetings

                                                                                                        1. The Board or the chairperson must appoint the dates, times, and places for meetings of the Board, and give notice of those meetings to each member not present when the appointment is made.

                                                                                                        2. The chairperson or any 2 members may call a special meeting of the Board by giving at least 7 days' notice of the special meeting, and the business to be transacted at the meeting, to each member for the time being in New Zealand.

                                                                                                        3. Only the business stated in the notice of the special meeting may be transacted at the special meeting.

                                                                                                        4. Notice of a meeting—

                                                                                                        5. must be written, and state the date, time, and place of the meeting; and
                                                                                                          1. may be given by post, delivery, or electronic communication; and
                                                                                                            1. must be sent to the member's last known address in New Zealand.

                                                                                                              1. An irregularity in a notice of a meeting is waived if all members entitled to receive the notice either—

                                                                                                              2. attend the meeting without protesting about the irregularity; or
                                                                                                                1. do not attend the meeting, but agree before the meeting is held to the waiver of the irregularity.

                                                                                                                  29Methods of holding meetings

                                                                                                                  1. A meeting of the Board may be held—

                                                                                                                  2. by a quorum of the members being assembled together at the date, time, and place appointed for the meeting; or
                                                                                                                    1. by means of audio, audio and visual, or electronic communication by which a quorum of members can simultaneously communicate with each other throughout the meeting.

                                                                                                                      30Quorum

                                                                                                                      1. A quorum for a meeting of the Board is—

                                                                                                                      2. half the number of members (if the board has an even number of members) or a majority of the members (if the Board has an odd number of members); but
                                                                                                                        1. in any case, no less than 3 members.

                                                                                                                          1. No business may be transacted at a meeting of the Board if a quorum is not present.

                                                                                                                          31Presiding at meetings

                                                                                                                          1. At a meeting of the Board, the following person presides:

                                                                                                                          2. if there is a chairperson and he or she is present, the chairperson; or
                                                                                                                            1. if there is no chairperson or he or she is not present, the deputy chairperson; or
                                                                                                                              1. in any other case, a member chosen by the members present to be the chairperson of the meeting.

                                                                                                                                1. The person chosen under subclause (1) may perform and exercise all the powers, duties, and functions of the chairperson for the purposes of the meeting.

                                                                                                                                32Voting at meetings

                                                                                                                                1. Each member has 1 vote.

                                                                                                                                2. A resolution of the Board is passed if it is agreed to by all members present without dissent or if a majority of the votes cast on it are in favour of it.

                                                                                                                                3. A member present at a meeting of the Board is presumed to have agreed to, and to have voted in favour of, a resolution of the Board unless he or she expressly dissents from, or votes against, the resolution at the meeting.

                                                                                                                                33Unanimous written resolutions

                                                                                                                                1. A resolution signed or assented to in writing (whether sent by post, delivery, or electronic communication) by all members is as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted.

                                                                                                                                2. The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.

                                                                                                                                34Appointment of subcommittee to deal with complaints and licensing appeals

                                                                                                                                1. The Board may appoint 1 or more subcommittees of the Board and by written notice may delegate to a subcommittee any or all of its functions under section 343(b) and (c).

                                                                                                                                2. A subcommittee must have no fewer than 3 members.

                                                                                                                                3. The members of a subcommittee must be members of the Board, and the Board must nominate 1 of the members as the chairperson of the subcommittee.

                                                                                                                                4. The Board must regulate the procedure of its subcommittees as it thinks fit, and may at any time discharge, alter, or reconstitute a subcommittee.

                                                                                                                                5. A delegation under this clause may be revoked at any time, and the delegation of a function of the Board does not prevent the Board from exercising that function itself.

                                                                                                                                Notes
                                                                                                                                • Schedule 3 clause 34: inserted, on , by section 90 of the Building Amendment Act 2012 (2012 No 23).