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Plumbers, Gasfitters, and Drainlayers Act 2006

Self-contained motor vehicles - Board appoints and regulates certification authorities - Board’s enforcement powers

87Q: Disciplinary action Board may take in relation to self-containment certification authority

You could also call this:

"What happens if you break the rules as a self-containment certification authority"

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

If you do something wrong as a self-containment certification authority, the Board can take action against you. The Board can revoke your appointment, suspend it, or censure you. You can also be fined up to $10,000 or told to take remedial action. The Board can only take one type of action, except they can fine you and also suspend your appointment or censure you. You cannot be fined for something you have already been convicted of in court or paid a fine for. The Board can take action even if you no longer hold a current appointment as a self-containment certification authority, as explained in section 87P. The Board's decision will depend on what you have done. You may be able to appeal the Board's decision. The Board has a lot of power to enforce the rules, so you must follow them carefully. If you do not, you could face serious consequences, including losing your appointment or being fined. It is essential to understand the rules and follow them to avoid any problems.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS926485.

Topics:
Environment and resources > ConservationBusiness > Industry rules
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87P: When Board may take disciplinary action under section 87Q, or

"When the Board can take action against a certification authority for not following the rules"

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87R: Board must give self-containment certification authority reasonable opportunity to be heard, or

"The Board must listen to the self-containment certification authority before making decisions."

Part 2ASelf-contained motor vehicles
Board appoints and regulates certification authorities: Board’s enforcement powers

87QDisciplinary action Board may take in relation to self-containment certification authority

  1. In any case to which section 87P applies, the Board may—

  2. do both of the following things:
    1. order that the appointment as a self-containment certification authority be revoked; and
      1. order that the person may not apply to be appointed as a self-containment certification authority before the expiry of a specified period:
      2. order that the appointment as a self-containment certification authority be suspended—
        1. for any period that the Board thinks fit; or
          1. until the person does any things that the Board specifies:
          2. order that the self-containment certification authority be censured:
            1. order the self-containment certification authority to pay a fine not exceeding $10,000:
              1. order the self-containment certification authority to take remedial action—
                1. within a specified period of time; and
                  1. subject to any conditions that the Board specifies:
                  2. make no order under this subsection.

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

                    2. The Board may not impose a fine under subsection (1)(d) 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 or a fine imposed by a court.

                        1. The Board may take an action under this section whether or not the person still holds a current appointment as a self-containment certification authority.

                        Notes
                        • Section 87Q: inserted, on , by section 48 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).