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3. The Registrar's Decision

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3.1 In order to become licensed, The Appellant was required to satisfy the Registrar that he met the applicable minimum standards for licensing (under section 286 of the Act). These minimum standards are set out in Schedule 1 to the Rules, in the form of "competencies" which must all be satisfied.

For Carpentry, these competences are: • Competency 1: Demonstrate knowledge of the regulatory environment of the building construction industry. • Competency 2: Demonstrate knowledge of current building and trade practice. • Competency 3: Carry out planning and scheduling for carpentry work. • Competency 4: Carry out carpentry work.

In order to be licensed an applicant must demonstrate that he/she meets all the required Competencies of the Licence Class.

3.2 These competences may be demonstrated by meeting some or all of the performance indicators of the Rules. In carrying out an assessment, the Assessor must use the "Assessor Guidelines" prescribed by the Registrar (see Rule 11(1))4.

3.3 The competencies address a broad range of skills and knowledge that a competent practitioner should be able to demonstrate.

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

Reliance on the Assessor's recommendation 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. In the normal course of events, however, the Registrar will accept a recommendation of an Assessor, unless there are strong reasons for not doing so.

3.5 In making the recommendation to decline the application, the reasons below were recorded by the Assessor.

(a) The Appellant has been employed as a Building Inspector since 2004 and has not worked as a carpenter for six years. He has failed to meet competencies 3 and 4.

(b) Referee [name redacted] (foreman) worked with The Appellant at the [location redacted] Airport in 2004. He provided supporting comments on the Applicant's workmanship and carpentry skills. He has not seen The Appellant since 2004.

(c) Referee [name redacted] advised that he was The Appellant's former employer. He advised that The Appellant was working as a carpenter/ leading hand when he left the company in 2004 to become a Building Inspector.

3.6 The Registrar did not consider that there was sufficient reason or concern to overrule the Assessor's recommendation to decline the Carpentry application. In summary the Registrar's reasons were:

• The Appellant is not carrying out planning or scheduling for carpentry work, or carrying out carpentry work, and has not done so for six years.

• In regard to the construction or alteration of Category 1, 2 and 3 buildings, The Appellant did not provide evidence that he is competent at organising and managing this work, managing personnel or providing technical supervision.

3.7 The Registrar commented on the application of the Licensed Building Practitioner Scheme to persons such as the Appellant working as officials of Building Consent Authorities:

" 33. The licensed building practitioner scheme has not been designed to assess the performance of people whose primary roles is that of a building official. Building officials work for Building Consent Authorities (BCAs). BCA Accreditation addresses the performance of the BCA by focusing on both BCA processes and workforce competence. The separation of building practitioner and building official roles is embedded in the Building Act 2004 and its subordinate regulations, and the licensing of individual building officials was not included as part of the development of the LBP scheme.

34. A key element of the LBP scheme is its focus on 'current competence'. The assessment of current competence is evidence-based, and relies on the applicant being able to provide examples of recent work, and referees who can confirm that work. This requirement is likely to be difficult to achieve for building officials who are not currently practicing design and construction roles, and who may not have done so for many years."

 

Footnotes:

4 Refer Performance indicator 3.2 for Carpentry Licence Class/

Last updated 11 May 2015