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Plumbers, Gasfitters, and Drainlayers Act 2006

Registration and licensing of plumbers, gasfitters, and drainlayers - Employer licences in respect of gasfitting

66: Cancellation, suspension, and other actions in relation to employer licences

You could also call this:

"What happens if an employer breaks the rules about gasfitting licences"

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

The Board can take action against an employer licence if you got the licence by being dishonest or if you do not meet the requirements. You must ensure your employees do gasfitting safely and competently, and follow the requirements of the Gas Act 1992. The Board can cancel or suspend your licence, or restrict the work you can do. The Board can also fine you up to $50,000 or censure you. They can take one type of action, but can also fine you in addition to other actions. You cannot be fined for something you have already been convicted of or paid a fee for. The Board can take action even if you are no longer an employer licence holder. They can make these decisions if you do not follow the rules or if there is a complaint about you. The Board's actions can affect your ability to work as a gasfitter or employ others to do gasfitting work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397156.

Topics:
Work and jobs > Job licensesWork and jobs > Worker rightsBusiness > Industry rules
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Part 2Registration and licensing of plumbers, gasfitters, and drainlayers
Employer licences in respect of gasfitting

66Cancellation, suspension, and other actions in relation to employer licences

  1. The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in subsection (2) in relation to an employer licence if it is satisfied that the employer licence holder—

  2. obtained the licence by making a false or misleading representation or declaration (whether oral or written); or
    1. was not entitled to be issued with an employer licence; or
      1. no longer meets all the requirements for the issue of an employer licence; or
        1. has failed to comply with any term or condition imposed by the Board in respect of that licence; or
          1. has failed to ensure that the gasfitting done by employees of that person—
            1. is at all times carried out safely and competently; and
              1. complies with the requirements of the Gas Act 1992 and any regulations made under that Act.

              2. In any case to which subsection (1) applies, the Board may—

              3. do both of the following things:
                1. order that the employer licence be cancelled; and
                  1. order that the employer licence holder may not apply to be issued with an employer licence before the expiry of a specified period:
                  2. order that the employer licence be suspended—
                    1. for any period that the Board thinks fit; or
                      1. until the employer licence holder does any things that the Board may specify (for example, reviewing and improving safety procedures):
                      2. order that the employer licence be restricted, for any period that the Board thinks fit, by limiting the gasfitting that the employer licence holder may authorise an employee to do, or assist in doing, to the work that the Board may specify, and in imposing a limitation of this type the Board may also impose limitations on the circumstances in which an employee may do, or assist in doing, that work:
                        1. order the employer licence holder to pay a fine not exceeding $50,000:
                          1. order that the employer licence holder be censured:
                            1. make no order under this subsection.

                              1. The Board may take only one type of action in subsection (2) in relation to a case, except that it may impose a fine under subsection (2)(d) in addition to taking the action under subsection (2)(b), (c), or (e).

                              2. No fine may be imposed under subsection (2)(d) in relation to an act or omission that constitutes an—

                              3. offence for which the person has been convicted by a court; or
                                1. infringement offence for which the person has been issued with an infringement notice and has paid an infringement fee.

                                  1. The Board may take an action under this section whether or not the person is still an employer licence holder.

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