business.govt.nz"
Search this website
| Options Options
Search Type
Document Actions
 

1. Introduction

Up one level

1.1 [Name redacted] ("the Appellant") of [location redacted] applied for Carpentry and Site/Area of Practice 3 Licences under S.288(2) of Building Act 2004 ("the Act") and the Licensed Building Practitioners' Rules 20071 ("the Rules").


1.2 The Registrar of Licensed Building Practitioners ("the Registrar") appointed under S.310 of the Act, declined the Appellant’s applications under Rule 12 and The Appellant was notified of the Registrar's decision on 26 January 2011, together with his right to appeal the decision within 20 working days to the Building Practitioners' Board ("the Board").


1.3 On 31 January 20112, The Appellant appealed to the Board against the Registrar's decision under S.330(1 )(a) of the Act, seeking that, on the basis of further information provided, the Board reconsider his applications and approve the issue of a Carpentry Licence and a Site/Area of Practice 2 Licence.


1.4 The Board decided to hear the appeal in [location redacted] on 9 May 2011 and invited The Appellant to be present to make submissions. The Appeal was considered in accordance with the Board's "Appeals Procedure".


The Appellant was unable to attend and the Board resolved to consider the appeal "on the papers" (refer to 3.10.16 of the Procedure).


1.5 The Procedure provides that appeals are considered by way of a "re-hearing"3, and that the burden of proof lies with the Appellant (Clauses 3.10.17 and 3.10.18 of the Board's Appeals Procedure).

1.6 Prior to the Board's hearing, The Appellant withdrew his appeal in respect of the Site/Area of Practice 2 Licence, so the Board considered his appeal only in respect of the Carpentry Licence.


1.7 Only Board Members were present for the hearing of the appeal:

Alan Bickers, Board Chairman (Presiding)
David Clark, Board Member
Jane Cuming, Board Member
Brian Nightingale, Board Member
David O'Connell, Board Member
Colin Orchiston, Board Member

 

1.8 The Board received the Registrar's report of 25 February 2011.

 

Footnotes:

1 Incorporating amendments for 2008, 2009 and 2010
2 Received by Board Secretary on 4 February 2011
3 Refer S.335(2) of the Act

 

Last updated 11 May 2015