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1. Introduction

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

1.3 On 21 March 2011, 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 review his application for Design/Area of Practice 3.

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. As The Appellant was unable to attend the hearing the Board resolved to consider the appeal "on the papers" (refer 3.10.16 of the Board's Appeals Procedure).

1.5 The Procedure provides that appeals are considered by way of a "re-hearing"2, 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 The following 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


1.7 No other persons were present for the hearing of the appeal.

The Board received the Registrar's report of 8 April 2011.



1 Incorporating amendments for 2008, 2009 and 2010.

2 Refer S335(2) of the Act


Last updated 11 May 2015