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Plumbers, Gasfitters, and Drainlayers Act 2006

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

182: Complaints about conduct before commencement of this section

You could also call this:

"Complaints about bad behaviour before the law changed"

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

You can make a complaint about someone's conduct before this law started. The Board can look into this complaint under Part 3, even if it happened before this law started. The Board will only look at the rules that applied at the time the conduct happened. You might be wondering what a former registered person is. This is someone who was registered under the old law before this law started. It also includes people who would have been registered under the new law if they were still registered under the old law. The Board can deal with complaints about these people's conduct before this law started. But if someone had already started looking into the conduct under the old law, the Board cannot get involved. When the Board looks into a complaint, they will not consider any new rules that did not apply at the time the conduct happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397794.

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181: Continuation of pending investigations, inquiries, and disciplinary proceedings, or

"What happens to ongoing investigations and complaints about plumbers, gasfitters, and drainlayers"

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183: Hearing concerning conduct before commencement of this section, or

"Complaining about something a plumber, gasfitter, or drainlayer did before this law started"

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

182Complaints about conduct before commencement of this section

  1. The Board may deal with a complaint about the conduct of a former registered person, or person who, immediately before the commencement of this section, held a provisional licence under the former Act, under Part 3, even though the conduct is alleged to have occurred before the commencement of this section.

  2. Subsection (1) does not apply if an inquiry or investigation into the conduct concerned has been commenced under the former Act before the commencement of this section.

  3. In dealing with a complaint to which subsection (1) applies, the Board may not have regard to any duty or obligation that was not binding on the former registered person or provisional licence holder at the time that the conduct complained about is alleged to have occurred.

  4. For the purposes of this section, former registered person—

  5. means a person who, immediately before the commencement of this section, was a registered person under the former Act; and
    1. includes a person who was registered under the former Act and who would have been deemed to be registered under subpart 1 of Part 2 had the person still been registered under the former Act on the commencement of section 173.