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Plumbers, Gasfitters, and Drainlayers Act 2006

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

183: Hearing concerning conduct before commencement of this section

You could also call this:

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

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

You can make a complaint about someone's conduct before this law started. The person investigating must be satisfied that the conduct happened when the person was registered or had a licence under the old law. The complaint must not have been looked at before this law started. If the Board finds the person guilty of a disciplinary offence, they can't give a penalty that wasn't allowed at the time of the conduct. However, if the person is considered registered or has a licence, the Board can make certain orders about their registration or licence. This is according to Part 3, sections 173 to 175, and section 106(1)(a) to (e). You need to know that the Board's power to discipline someone includes making orders about their registration or licence. The Board can only do this if the person is considered registered or has a licence under the law. The law says what the Board can and can't do in these situations, as outlined in Part 3 and other relevant sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397795.

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182: Complaints about conduct before commencement of this section, or

"Complaints about bad behaviour before the law changed"

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184: Notices made under repealed provisions to have continuing effect, or

"Old notices are still valid under new laws"

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

183Hearing concerning conduct before commencement of this section

  1. An investigator may report under Part 3 that a complaint against a person should be considered by the Board in respect of conduct alleged to have occurred before the commencement of this section, but only if the investigator is satisfied that,—

  2. at the time of the occurrence of the conduct, the person was registered or held a licence under the former Act and the complaint could have been referred to the Board under that Act; and
    1. the complaint had not been referred to the Board before the commencement of this section.

      1. If, after conducting a hearing on a complaint of the kind referred to in subsection (1), the Board finds the person guilty of a disciplinary offence under Part 3 in respect of conduct that occurred before the commencement of this section, the Board may not impose on that person, in respect of that conduct, any order in the nature of a penalty that could not have been made against that person at the time when the conduct occurred.

      2. However, if a hearing under this section relates to a person who is deemed, under any of sections 173 to 175, to be a registered person or to hold a practising licence or a provisional licence, the Board’s power to discipline the person includes the power to make an order under section 106(1)(a) to (e) in relation to that registration, practising licence, or provisional licence.