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Plumbers, Gasfitters, and Drainlayers Act 2006

Discipline and offences - Discipline - Exercise of disciplinary powers

106: Disciplinary powers of Board

You could also call this:

"What happens if a plumber, gasfitter, or drainlayer does something wrong"

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

The Board can take action against you if you do something wrong as a plumber, gasfitter, or drainlayer. The Board can cancel your registration or licence, or stop you from working for a while. The Board can also limit what work you can do or stop you from doing certain types of work. If the Board is not happy with you, they can make you do things like pass an exam, complete a training programme, or attend a course. They can also fine you up to $10,000 or tell you off formally. The Board can only take one type of action against you, except they can fine you as well as taking other action. The Board cannot fine you for something you have already been convicted of in court or paid a fee for. They also cannot take action against you for something you did before you were registered, if they knew about it when you registered. If you are registered in more than one area, the Board can take action against you in one or all of those areas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397707.

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Part 3Discipline and offences
Discipline: Exercise of disciplinary powers

106Disciplinary powers of Board

  1. If the Board, after conducting a hearing, is satisfied that a person to whom this subpart applies is guilty of a disciplinary offence, the Board may—

  2. do 1 or more of the following things:
    1. order that the person’s registration or practising licence (or both) be cancelled:
      1. order that the person’s provisional licence be cancelled:
        1. order that the person may not apply to be re-registered or re-licensed before the expiry of a specified period:
        2. order that the person’s registration or practising licence (or both), or the person’s provisional licence, be suspended—
          1. for any period that the Board thinks fit; or
            1. until that person does 1 or more of the things specified in subsection (2):
            2. order that the person’s registration or practising licence (or both), or the person’s provisional licence, be restricted for any period that the Board thinks fit, in either or both of the following ways:
              1. by limiting the person to the work that the Board may specify:
                1. by limiting the person to doing, or assisting in doing, work in certain circumstances (for example, by limiting the person to work only on approved premises or only in the employ of an approved employer):
                2. order that the person be disqualified from doing or assisting in doing sanitary plumbing, gasfitting, or drainlaying work that the person would otherwise be authorised to do in that person’s capacity as a person to whom this subpart applies—
                  1. permanently, or for any period that the Board thinks fit; or
                    1. until that person does 1 or more of the things specified in subsection (2):
                    2. order the person to do 1 or more of the things specified in subsection (2) within the period specified in the order:
                      1. order the person to pay a fine not exceeding $10,000:
                        1. order that the person be censured:
                          1. make no order under this subsection.

                            1. The things that the person can be required to do for the purposes of subsection (1)(b), (d), and (e) are to—

                            2. pass any specified examination:
                              1. complete any competence programme or specified period of training:
                                1. attend any specified course of instruction.

                                  1. The Board may take only one type of action in subsection (1) 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), (c), (e), or (g).

                                  2. No fine may be imposed under subsection (1)(f) in relation to an act or omission that constitutes—

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

                                      1. The Board must not exercise any authority conferred by this section in respect of any offence committed by any person before the date of that person’s registration or, as the case may be, the date on which that person’s provisional licence was issued if at that date the Board was aware of that person’s conviction in respect of that offence.

                                      2. If a person is registered under Part 2 in respect of more than 1 class of registration, the Board may exercise its powers under subsection (1)(a) to (e) in respect of each of those classes or 1 or more of those classes as the Board thinks fit.