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1. Introduction

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The Appellant ("the Appellant") of [location redacted] applied for a Design/Area of Practice 3 Licence under S.288(2) of the 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 but offered The Appellant a Design/Area of Practice 1 Licence instead under Rule 12(1). The Registrar's decision was notified to The Appellant on 10 January 2011, together with his right to appeal the decision within 20 working days to the Building Practitioners' Board ("the Board").

1.3 On 14 February 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 reassess his application.

1.4 The Appeal was considered in accordance with the Board's "Appeals Procedure".

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 Appellant was unable to attend and the Board resolved to consider his appeal "on the papers" in accordance with Clause 3.10.6 of the Board's Appeals Procedure.

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 Procedures. 1.6 Only Board

1.6 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 7 March 2011.



1 Incorporating amendments for 2008, 2009 and 2010
2 Received by Board Secretary on 21 February 2011.
3 Refer S.335(2) of the Act

Last updated 11 May 2015