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4. Registrar's Report

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4.1 A written report was presented to the Board from Craig Hill, Acting Registrar dated 20 November 2008. The report covered the following:

4.2 In order to become licensed, the Appellant was required to satisfy the Registrar that he met the applicable minimum standards for licensing (under s.286 of the Act).
4.3 The minimum standards are set out in Schedule 1 to the Rules, and take the form of “competencies” which must all be satisfied as follows:
• Competency 1: Comprehend and apply knowledge of the regulatory environment of the building construction industry.
• Competency 2: Manage the building design process.
• Competency 3: Establish design briefs and scope of work and prepare preliminary design.
• Competency 4: Develop design and produce construction drawings and documentation.
• Competency 5: Explain the process of construction observation and contract administration.

4.4 These competencies may be demonstrated by meeting some or all of the performance indicators that are also set out in Schedule 1 (Design 2 competencies) of the Rules (attached). In carrying out an assessment, the Assessor must use methods prescribed by the Registrar (see Rule 11(1)).

4.5 The competencies address a broad range of skills and knowledge a design practitioner should be able to demonstrate. These address the skills and knowledge necessary for a designer to be able to satisfactorily demonstrate compliance with the New Zealand Building Code. However, the competencies also address other skills that a competent designer is expected to demonstrate, for example managing the design process or establishing a design brief.

4.6 The Registrar must take into consideration the Assessor’s recommendation before making a decision (under Rule 12(2)).

4.7 In the Registrar’s view, the Assessor:

(a) is a reputable and experienced practitioner,
(b) has been selected as a person appropriate to be an Assessor and has been trained in assessment,
(c) has met the applicant and reviewed his design work first hand.

4.8 It is important to appreciate the proximity of the Assessor to the applicant. The Assessor formed a view about the competence of the applicant through direct contact with him, by reviewing his work, and by talking to his referees. The Registrar does not have all of this information available when making a decision, and must rely on the Assessor to be his “eyes and ears”.

4.9 Reliance on the Assessor does not mean that the Registrar cannot reach a different view about an applicant from the view reached by the Assessor. The Registrar is required to maintain an independent view. However, in the normal course of events the Registrar will accept a recommendation of an Assessor, unless there are strong reasons for not doing so.

4.10 In making the recommendation to decline the application, the following reasons were recorded by the Assessor:

(a) There was a lack of specific detailing on plans for important E2/AS1 weathertightness issues.
(b) There was a lack of detailing for holding down and fixing plates which are nominated as Kn capacity, but not detailed on plan for the onsite builder to implement.
(c) The applicant lacks an adequate contractual agreement with his clients.
(d) The building specification is still in its infancy and very reliant on standard (non-specific) general clauses.

4.11 The Assessor suggested that the items noted should improve with ongoing professional development.

4.12 The Registrar based his decision on the Assessor’s recommendations to decline the application, for the reasons set out in 4.10 (above).

4.13 In his supplementary comments to the Board, on behalf of the Registrar, the Appellant noted that neither the Assessor nor the Registrar had assessed the new documents produced by the Appellant in support of his appeal.

4.14 The Appellant also referred to the Registrar’s decision not to offer the Appellant a Design 1 License because the deficiencies in the documentation were equally applicable to the competencies required for the lower class of license.

Last updated 11 May 2015