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

Annual report 2008/2009

On this page:


Functions and Powers of the Board

The Board has statutory responsibilities under the Building Act 2004 in relation to the Licensed Building Practitioners Scheme. It is committed through this statutory role to supporting New Zealand's building industry capability and maintaining building practitioner standards.

The Board is independent of the Department of Building and Housing, but is supported by the Department in the performance of its role and functions.

The functions of the Building Practitioners Board are to:

  • approve Rules relating to building practitioners
  • investigate and hear complaints about licensed building practitioners
  • hear appeals against licensing decisions of the Registrar
  • review and report to the Minister on the performance of the functions and duties of the Board.

Top


Chairman's Review

This past year the Board has continued its focus on improving the structure of the licensing scheme, particularly hearing appeals, amending the Complaints Procedures, reviewing work on the Complaints Regulations, and providing input into and approving the development of new licensing classes.

The Board approved three new licensing classes (Roofing, Bricklaying and Blocklaying, and External Plastering) which were added to the Licensed Building Practitioners Rules 2007 in November 2008.

The Board heard four appeals against the Registrar's decision to decline a building practitioner's application to become licensed. The Board's professional approach and balance of industry expertise proved invaluable in establishing an appropriate approach to addressing the main issues raised by these appeals. The appeals process continues to function effectively and the Board's decisions are available as precedents to assist future appellants, the Registrar and assessors.

The Board received its first complaint against a licensed building practitioner in June 2009. The processes in responding to this complaint are under way. The impending decisions by Government on the direction of the scheme may well result in further complaints being received as the number of licensed building practitioners increases.

Amendments were made to the Complaints Procedures and approved in December 2008. The Board provided feedback to the Department on the Building Practitioners (Complaints and Disciplinary Procedures) Regulations 2008 during its development. Additional amendments to the Complaints Procedures are planned in 2009/10 to further define the Board's quasi-judicial role.

Looking forward, 2009/10 will be an interesting year. The Board, along with industry, is waiting for critical decisions from Government that will shape the licensing scheme in years to come. The Board's role will be to work with those decisions as we focus on both our statutory obligations and supporting the improving skills and performance of building practitioners in New Zealand.

I would like to acknowledge the excellent support and advice provided to the Board by the Department of Building and Housing. I would like to thank our industry partners for their valued knowledge and assistance in the preparation of the three new licensing class competencies – their work is invaluable to this process.

Finally, I would like to acknowledge the efforts and professionalism of the Building Practitioners Board. I am looking forward to the developments 2009/10 will bring.

I am pleased to present the Annual Report of the Building Practitioners Board for the year ended 30 June 2009.

Alan Bickers, JP

Chair

Top


2008/09 Outcomes Achieved

The Board's overall objectives for 2008/09 were to approve the competencies for a further six licensing classes, amend the Complaints Procedures, and hear appeals and complaints.

The Board has achieved these objectives in 2008/09 by its performance in the areas described below.

Rules

Rules exist to set minimum standards of competence in every building practitioner licensing class,consistent with the Building Act 2004. The Board approves these Rules.

During 2008/09 the Board worked with the Department of Building and Housing to develop competencies for three new classes (Roofing, Bricklaying and Blocklaying, and External Plastering). The Board approved these licensing classes and competencies and they were added as amendments to the LBP Rules 2007 in November 2008.

The introduction of three further classes (Foundations, Concrete Structure, and Steel Structure) was planned for 2008/09. These were placed on hold, pending decisions from Government on the direction of the Licensed Building Practitioners Scheme.

Complaints

Any person may complain to the Board about the conduct of a licensed building practitioner in accordance with the Building Act 2004. The Board must investigate the complaint and determine whether or not to proceed to a hearing.

One complaint was received about a licensed building practitioner in 2008/09 (received June 2009). This will be dealt with in the 2009/10 year.

In collaboration with the Department of Building and Housing, amendments were made to the Complaints Procedures. The amendments were approved by the Board in December 2008.

The Board provided input to the Department of Building and Housing in the development of the Building Practitioners (Complaints and Disciplinary Procedures) Regulations 2008. These came into effect in September 2008.

The Board received a presentation on inquisitorial judicial processes from the Chief of the Employment Relations Authority.

Appeals

The appeals process is available for all building practitioners to make use of if they believe the Registrar has made an incorrect decision to either decline a person's application to become licensed, or to suspend or cancel his or her licensing per the Building Act 2004.

In the 2008/09 year, the Board heard four appeals against a decision of the Registrar, bringing the total number of appeals heard by the Board to date to five.

The Board upheld the Registrar's decision to decline three applicants (one Design 1 class, and two Design 2 class), and overturned the Registrar's decision to decline one applicant (Design 3 class).

All appeals were heard within three months of receipt of the appeal application.

Appeal hearing outcomes are available for the public to view on the Department of Building and Housing website: www.dbh.govt.nz

Top


Statement of Service Performance

Performance measures and standards for the outputs of the Board for the year ended 30 June 2009.

OutputPerformance MeasurePerformance Standard Acheived

License Standards and Rules

 

 

Review and approve any proposed Rule changes for submission to the Minister.

1. Approve or refer rules back to the Registrar at the next meeting of the Board.

 

2. Rules approved or resubmitted when presented to the Board.

1. The Board reviewed and approved three new licensing classes in liaison with the Department of Building and Housing.

 

2. Amendments to the Licensed Building Practitioner Rules 2007 were completed in November 2008 to incorporate the new licensing classes.

Appeals

 

Develop and implement a process for appeals against Registrar's decisions.

 

Develop a process for monitoring where appeals have been referred to the District Court.

1. Processes in place to monitor appeals referred to District Court by 30 June 2008.

1. Operational appeal procedures approved in previous year.

 

2. Four appeals were heard in 2008/09. All four were heard within three months of receiving the appeal application in 2008/09.

 

3. No appeals against the Board's decisions have been referred to the District Court.

 

4. A process for monitoring any appeals referred to the District Court will be developed as numbers of appeals increase and the possibility of appeals arises.

Complaints

 

Develop and implement Complaints Procedures (that comply with the regulations).

 

Manage complaints effectively within an agreed timeframe (reflecting the complexity of the complaint received).

 

Develop a process for monitoring where complaints have been referred to the District Court.

1. Operational complaints procedures approved by Board by 8 February 2008.

 

2. Processes in place to monitor complaints referred to the District Court by 30 June 2008.

 

3. Undertake and complete training appropriate to the performance of the Board's function, within calendar year.

 

When operational:

 

Hear complaints in a manner that complies with the requirements of the Building Act 2004 and any supporting Regulations, Rules and Procedures.

 

Make clear decisions as to the outcome of each complaint and record this decision in an appropriate manner.

1. Amendments to the Complaints Procedures were approved by the Board in December 2008 after regulations came into effect.

 

2. Building Practitioners (Complaints and Disciplinary Procedures) Regulations 2008 came into effect in September 2008.

 

3. One complaint was received in June 2009 and is under investigation by the Registrar. The Board will consider the complaint in the 2009/10 year.

 

4. A process for monitoring complaints referred to the District Court will be developed as complaint numbers increase with the likelihood of appeals against the Board's decisions.

 

5. The Board received inquisitorial judicial process training from the Employment Relations Authority.

Accountability

 

Produce annual report in accordance with section 347 of the Act.

1. Annual report presented to the Minister by 30 October 2008.

1. The Annual Report for the year ending June 2008 was presented to the Minister later than normal (in December 2008) to accommodate the change in Government.

 

2. The Board wrote to the Minister in May 2009 on a number of issues concerning the operation of the Licensed Building Practitioners Scheme and its future.

 

3. The Chair and Deputy Chair met with the Minister to discuss the development of Government policy in relation to the Scheme in June 2009.

Stakeholder Relationships

 

Communication between Board and Registrar.

 

Grow existing and potential relationships with key industry and sector groups.

 

Liaise with other relevant occupational licensing boards.

1. Meet with the Registrar on a regular basis – minimum of six meetings per year.

 

2. Revise and implement the Communications Strategy for engagement with stakeholders.

1. The Board met with the Registrar and key Licensed Building Practitioners Scheme staff at regular Board meetings.

 

2. The Department's Communications Strategy was placed on hold pending a decision by Government on the direction of the licensing scheme.

 

3. Graham Moor presented to the NZ Metal Roofers Association.

 

4. Alan Bickers attended a Master Builders function in Auckland to present information on the Licensed Building Practitioners Scheme.

 

5. The BCITO Chief Executive attended a Building Practitioners Board meeting to provide an overview of the BCITO apprentice scheme.

 

6. Alan Bickers presented at an Auckland Master Builders meeting.

 

7. Alan Bickers attended a meeting of Chairs of the Disciplinary and Investigating Committees of the Chartered Professional Engineers' Council and the Registered Architects Board. 8. Paul Blackler attended the Department of Building and Housing Starter Home Design Competition Reception.

Top


Licensing Statistics

Background

Licensing of building practitioners commenced for the following seven classes in November 2007.

  • Carpentry
  • Site 1
  • Site 2
  • Site 3
  • Design 1
  • Design 2
  • Design 3

Licensing commenced for a further three classes in November 2008.

  • Plastering
  • Bricklaying and Blocklaying
  • Roofing

Number of building practitioners licensed in each class (to date)

 Carpentry
Site 1
Site 2Site 3Design 1Design 2Design 3External
Plastering
Bricklaying &
Blocklaying
RoofingTotal
2007/20081319075135163154343
2008/20092872031522493010000715
TOTAL418293227371446131541,058

Notes:

  • 1. Some building practitioners may be licensed in more than one class, hence the total number of building practitioners licensed (above) is more than the total number of new licensed building practitioners (overleaf).

Number of new Licensed Building Practitioners (to date)

2007/2008198
2008/2009439
TOTAL637

Number of appeals heard by the Board (to date)

 CarpentrySite 1Site 2Site 3Design 1Design 2Design 3External PlasteringBricklaying & BlocklayingRoofingTotal
2007/200800001000001
2008/200900001210004
TOTAL00002210005

Number of appeals declined and upheld (to date)

 CarpentrySite 1Site 2Site 3Design 1Design 2Design 3External PlasteringBricklaying & BlocklayingRoofingTotal
Appeals declined
2007/200800001000001
2008/200900001200003
TOTAL00002200004
Appeals upheld
2007/200800000000000
2008/200900000010001
TOTAL00000010001

Appeal decisions available to view

Appeal decisions are available for the public to view on the Department of Building and Housing website: www.dbh.govt.nz


Statement of Financial Performance

The information contained in this statement will form part of the Department of Building and Housing's consolidated statements.

2008/2009 financial results

 ACTUALS
2008/2009
$
ESTIMATES
2008/2009
$
Revenue
Department of Building and Housing Licensed Building Practitioners Board levies136,180 0135,144 8,628
Total Revenue136,180143,772
Expenses
Personnel28,16632,000
Operating55,90559,572
Board fees & costs52,10952,200
Total Expenses136,180143,772

Notes:

  • 1. The Board is not a body corporate. The Department of Building and Housing has a responsibility under the Building Act 2004 to manage the Board's finances and accounts.
  • 2. The Statement of Financial Performance has been prepared by the Department for the Board.
  • 3. 'Personnel' costs refer to the Board Secretary.

Previous FOUR years' actuals

 ACTUALS
2005/2006
$
ACTUALS
2006/2007
$
ACTUALS
2007/2008
$
ACTUALS
2008/2009
$
Revenue
Department of Building and Housing Licensed Building Practitioners Board levies121,438 0149,944 0146,440 0136,180 0
Total Revenue121,438149,944146,440136,180
Expenses
Personnel28,74140,48435,61928,166
Operating50,61770,63563,61055,905
Board fees & costs42,08038,82547,21152,109
Total Expenses121,438149,944146,440136,180

Notes:

  • 1. 'Personnel' costs refer to the Board Secretary.

Top


Members of the Board

Alan Bickers (Chair)

Mr Bickers currently provides management consultation services to public and private sector clients.

He holds a Bachelor of Engineering (Civil), a Graduate Diploma in Business Studies (Dispute Resolution) and is a Chartered Professional Engineer. He is a Distinguished Fellow of the Institution of Professional Engineers New Zealand, a Fellow of the Arbitrators' and Mediators' Institute of New Zealand and a Justice of the Peace.

Mr Bickers has worked for four local authorities, with his last position as Chief Executive of Tauranga City/District Council (1987-1995). He has served on the Standards Council of New Zealand (1993-1997), Bay of Plenty Health Board and on the Board of Transit New Zealand (1997-2004), where he was Chair for three-and-a-half years. He has a lengthy involvement with the Institution of Professional Engineers New Zealand (including President 1991-1992) and many years' experience on the IPENZ Disciplinary Committee.

Mr Bickers, a member since 2005, is from Tauranga and was reappointed for a further two-year term expiring in 2010.

Paul Blackler (Deputy Chair)

Mr Blackler is General Manager – Southern Region for Mainzeal Property and Construction Ltd.

He is a trade certified carpenter and has served on the Boards of Canterbury Registered Master Builders and Site Safe New Zealand. He is Chairman of the Christchurch Polytechnic Institute of Technology Trades Innovation Institute Advisory Board, and is a member of the New Zealand Institute of Building (NZIOB).

In 1997, Mr Blackler received the NZIOB/James Hardie Award for Excellence in the Building Profession (residential).

Mr Blackler, a member since 2005, is from Christchurch and has been appointed for a five-year term expiring 2010.

David Clark

Mr Clark is a Senior Partner of Wilson McKay, undertaking a range of commercial and civil litigation work. Clients include homeowners, developers, contractors, builders and financiers.

Mr Clark gained his Bachelor of Laws in 1987 and was admitted to the Bar in 1988. He is an Associate of the Arbitrators' and Mediators' Institute of New Zealand and is currently engaged by the Department of Building and Housing as a Weathertight Homes Resolution Service Mediator. He is also the Chair of the Electricity and Gas Disputes Resolution Service and a Board member of Youthtown New Zealand.

Other professional activities include being a Code of Conduct Commissioner for New Zealand Cricket and a faculty member of the New Zealand Law Society Litigation Skills programme. He was formerly on the Executive of Te Ru-nanga Roia O Tamaki Makaurau (Auckland Ma-ori Lawyers' Association).

Mr Clark, a member since 2005, is from Auckland and has been appointed for a five-year term expiring 2010.

Jane Cuming

Ms Cuming is currently Building Standards Manager for PlaceMakers working with their suppliers and customers on regulatory changes at a technical level.

She is a trade certified carpenter and holds a Certificate in Teaching Adults. Previous roles include Education Advisor for the Building Industry Authority and Technical Sales Representative for James Hardie Building Products.

Ms Cuming is Past-President and current member of the National Association of Women in Construction.

Ms Cuming, a member since 2005, is from the Kapiti Coast and has been reappointed for a further three-year term expiring in 2011.

Patrick Lawrence

Mr Lawrence was the Building Controls Manager for the Rotorua District Council, a position he held from 1995 until his retirement at the end of 2005.

Mr Lawrence is a trade certified carpenter and a Justice of the Peace. He has been appointed as Judicial Justice of the Peace and has served on the bench of the Rotorua District Court since 2003.

Mr Lawrence has held a number of public sector roles, all related to the building industry. He has been President of the Waikato/Bay of Plenty branch of the Building Officials Institute of New Zealand and acknowledged by Local Government New Zealand as a key contact for his peers on the 1991 Building Act. He is currently Senior Vice President of the Rotorua and Districts Justice of the Peace Association.

Mr Lawrence, a member since 2005, is from Rotorua and has been appointed for a five-year term expiring 2010.

Graham Moor

Mr Moor is the Managing Director of Bay of Islands Roofing Ltd and oversees sales, training, work supervision and business management. Mr Moor has 17 years' experience in running a roofing business.

He holds National Certificates in three roofing types. He is a New Zealand Qualifications Authority Registered Industry Assessor. He is the President of the Roofing Association of New Zealand, was accepted as a member of the association in 1997, and has served on their executive since 2002. He is a member of their Technical Committee.

Mr Moor, a member since 2005, is from Waimate North in the Bay of Islands and has been appointed for a five-year term expiring 2010.

David O'Connell

Mr O'Connell is currently National Secretary, New Zealand Building Trades Union (NZBTU), liaising widely with industry representatives and representing NZBTU on trade training organisations.

Mr O'Connell is a time-served carpenter and a Justice of the Peace.

Mr O'Connell has 30 years' experience with NZBTU, with current board appointments including Vice Chairman of the Joinery Industry Training Organisation and Board member of Site Safe New Zealand. He is also on the Building Construction Industry Training Organisation's National Advisory Committee and is a Board member of Unimed Medical Insurance. He has been a member on apprenticeship committees and training organisation boards that set competencies for trainees.

Mr O'Connell, a member since 2005, is from Banks Peninsula and has been reappointed for a further three-year term expiring in 2011.

Colin Orchiston

Mr Orchiston is Principal of Orchiston Architects Ltd: Architecture and Dispute Resolution. He is also a Senior Architect at CPG, a large multinational consulting firm in surveying, valuation, architecture and engineering. He is a Director of the New Zealand Architects Co-operative Society.

Mr Orchiston is a Registered Architect and holds qualifications in valuation and dispute resolution. He is a Fellow of the New Zealand Institute of Architects and of the Arbitrators' and Mediators' Institute of New Zealand. He serves on arbitration, adjudication and mediation panels for the latter. In 2003/04, he served as a Weathertight Homes Resolution Service Mediator.

Mr Orchiston, a member since 2005, is from Wellington and has been reappointed for a further three-year term expiring in 2011.

Top


How to contact us

Building Practitioners Board
Level 6, 86 Customhouse Quay
PO Box 10-729
Wellington 6143

Phone: (04) 817-4313
Fax: (04) 494-0290

Top

Last updated 6 November 2013

bpb-logo.gif