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1. Introduction

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1.1 The Appellant applied for a Design 3 Licence 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. The Appellant was offered a Design 2 Licence following advice from the Acting Registrar on 30 July 20082 that he had not demonstrated, by sufficient evidence, his competence in the Design 3 Licence class. The Appellant responded on 5 August 2008 to the Registrar noting that, under s.288 of the Act, he should have been informed of his right of appeal.

1.3 On 21 August 2008, the Manager of the Building Practitioners’ Licensing Group responded on behalf of the Registrar, advising the Appellant that his application did not meet the requirements of Design 3 Licence class, offering that he accept a licence for Design 2 and advising that if his application was declined he would have the right of appeal to the Board.

1.4 On 3 September 2008, the Appellan’t wife, on behalf of the Appellant confirmed his acceptance of a Design 2 Licence.

1.5 On 28 October 2008, the Appellant lodged an appeal against the Registrar’s decision not to approve his application for a Design 3 Licence. The application form noted:

“I was not advised of my rights of appeal until 21-10-08 and believe I should have been given the opportunity to do so.”3

1.6 The reasons for the appeal were particularly set out in the Appellant’s letter of 15 September 2008:

(a) That it should not be a pre-requisite for a Design 3 Licence that an applicant had worked on Category 3 buildings;
(b) There should be a method of progressing from Design 2 to Design 3;
(c) That his work was predominantely engaged in weathertightness remediation.

1.7 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”4 and that the burden of proof lies with the appellant (Clauses 3.10.17 and 3.10.18 of the Board’s Appeals Procedures).

1.8 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.


1 The Appellant had been successful in respect of his application for Site 3 Licence class.
2 This letter did not advise the Appellant of his right of appeal against the Registrar’s decision.
3 This was received by the Registrar on 28 October 2008.
4 Refer s.335(2) of the Act.

Last updated 11 May 2015