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1. Introduction

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1.1 The Appellant applied for a Design 2 License under the Building Act 2004 (“the Act”) and the Licensed Building Practitioners’ Rules 2007 (“the Rules”)1.

1.2 The Registrar of Licensed Building Practitioners (“the Registrar”) appointed under s.310 of the Act, declined the Appellant’s application under Rule 12 and the Appellant was notified of the Registrar’s decision on 28 July 2008, together with his right to appeal the decision within 20 working days to the Building Practitioners’ Board (“the Board”).

1.3 On 14 October 2008, the Appellant appealed to the Board against the Registrar’s decision under s.310(1)(a) of the Act and seeking that, on the basis of information provided, the Board re consider his application based on new material to be produced and approve the issue of a Design 2 or Design 1 License as appropriate.

1.4 The appeal was lodged outside of the 20 working days required under s.331(a) of the Act, but the Board had regard for the Appellant’s pleading that he was overseas during the period and there was a difficulty sending emails to the Board’s Secretary. Pursuant to its authority under s. 331(b), the Board agreed to consider the Appellant’s appeal.

1.5 The appeal was considered by the Board on 4 December 2008, in accordance with the Board’s “Appeals Procedures”.

The Procedures provide that appeals are heard by way of a “re-hearing”2 and that the burden of proof lies with the appellant (Clauses 3.10.17 and 3.10.18 of the Board’s Appeals Procedures).


1.6 Those present for the duration of the hearing of the appeal were:

The Appellant

Alan Bickers Board Chair (Presiding),
Paul Blackler Board Deputy Chair,
David Clark Board Member,
Jane Cuming Board Member,
Patrick Lawrence Board Member,
Graham Moor Board Member,
David O’Connell Board Member,
Colin Orchiston Board Member.

Tracy Goddard Board Secretary

Mark Scully Acting for the Registrar

No members of the public were in attendance.

The Board’s deliberations were conducted in private, with the Board Secretary being the only other person in attendance.
 

Footnotes:

1 The Appellant had been successful in respect of his application for a Site 2 License class.
2 Refer s.335(2) of the Act.
 

Last updated 11 May 2015