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Plumbers, Gasfitters, and Drainlayers Act 2006

Administration, appeals, and miscellaneous provisions - Miscellaneous provisions, consequential amendments, and repeals - Transitional provisions

174: Registered persons who hold licences under former Act continue to hold licences

You could also call this:

"Plumbers, gasfitters, and drainlayers keep their licences when the law changes"

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

You are a plumber, gasfitter, or drainlayer who was registered under the old Act. You will still be registered under the new Act. Your licence will keep working as it did before. You had a licence under the old Act, so you can keep working with a new licence under the new Act. This new licence will expire on the same date your old one would have. You can renew it if you meet the right standards. Your new licence lets you do the same work you could do before. You can supervise or direct work if you were allowed to before. Your licence has the same conditions and restrictions as before. If you need to work under someone's direction, you can work under someone who has a current licence. The Board can cancel or suspend your licence if needed. They can also make other decisions about your licence. The Board's notices are secondary legislation, which is explained in the Legislation Act 2019. You can find more information about this in sections 36 to 36E of the old Act. You can also look at subpart 1 of Part 2 and section 51(1)(a), (c) to (e), and (4) to (6) for more details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397786.

Topics:
Work and jobs > Job licenses
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173: Registered persons continue to be registered persons, or

"People already registered keep their registration and can get a licence to work."

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Part 4Administration, appeals, and miscellaneous provisions
Miscellaneous provisions, consequential amendments, and repeals: Transitional provisions

174Registered persons who hold licences under former Act continue to hold licences

  1. Every person who, immediately before the commencement of this section, was a registered person under the former Act who held a licence under sections 36 to 36E of the former Act (as in force immediately before the commencement of this section) is, on and from the commencement of this section, deemed to be a registered person who holds a current practising licence issued under subpart 1 of Part 2.

  2. However, the practising licence that a person is deemed to hold under subsection (1) is deemed to expire on the date on which the licence held under the former Act would have expired if this Act had not been enacted (but may be renewed in accordance with subsection (5)).

  3. The registration and practising licence of a person under subsection (1) is deemed to—

  4. be for a class of registration in respect of the work for which the person was registered and held a licence issued under the former Act (as in force immediately before the commencement of this section); and
    1. authorise that person to do, or assist in doing, work of the kind that the person was, immediately before the commencement of this section, permitted to do, or assist in doing, by virtue of his or her registration and licence under the former Act (as in force immediately before the commencement of this section); and
      1. authorise the person to supervise or direct sanitary plumbing, gasfitting, or drainlaying work if the person was authorised under or for the purposes of the former Act to supervise or direct that work; and
        1. be subject to any conditions, limitations, or restrictions that, immediately before the commencement of this section, were imposed by or under the former Act on the person’s registration or licence.

          1. If, as a result of a condition, limitation, or restriction of a kind referred to in subsection (3)(d) or section 175(2)(c), a person is required to do—

          2. sanitary plumbing under the direction of a craftsman plumber, that work may be done under the direction of—
            1. a person who, immediately before the commencement of this section, was a craftsman plumber and who holds a current practising licence under this Act; or
              1. a person authorised by the Board for the purposes of this paragraph by written notice to the authorised person; or
                1. a person, or a member of a class of persons, authorised by the Board for the purposes of this paragraph by notice (see subsection (9)):
                2. gasfitting under the direction of a craftsman gasfitter, that work may be done under the direction of—
                  1. a person who, immediately before the commencement of this section, was a craftsman gasfitter and who holds a current practising licence under this Act; or
                    1. a person authorised by the Board for the purposes of this paragraph by written notice to the authorised person; or
                      1. a person, or a member of a class of persons, authorised by the Board for the purposes of this paragraph by notice (see subsection (9)).

                      2. The practising licence that a person is deemed to hold under subsection (1) may be renewed if the Board is satisfied that—

                      3. the person meets the standard of competence reasonably to be expected of a registered person who does work of the kind that the person is authorised to do under the practising licence; and
                        1. the person is otherwise entitled to a renewal of his or her practising licence under section 51(1)(a), (c) to (e), and (4) to (6).

                          1. In considering the matter under subsection (5)(a), the Board must have regard to any current applicable minimum standards for registration for a class of registration designated by the Board that, with or without modification, replaces, or corresponds to, the type of registration under the former Act in relation to which the person was registered (if any).

                          2. Subsection (2) is subject to section 50(3).

                          3. Nothing in this section prevents the Board from—

                          4. cancelling or suspending the registration or practising licence of a person who is deemed to be a registered person who holds a practising licence issued under subpart 1 of Part 2; or
                            1. exercising any other power in relation to that registration or licence under this Act.

                              1. A notice under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                              Notes
                              • Section 174(4)(a)(iii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 174(4)(b)(iii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 174(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).