Amendment Rules 2014

Pursuant to section 353 of the Building Act 2004, the Minister for Building and Construction makes the following rules—

(a) after they were prepared by the chief executive of the Ministry of Business, Innovation, and Employment, and approved by the Building Practitioners Board, in accordance with sections 354 to 359 of that Act; and

(b) by approving them in accordance with sections 360 and 361 of that Act.

Rules

These rules are the Licensed Building Practitioners Amendment Rules 2014.

2 Commencement

These rules come into force on 1 July 2014.

3 Principal rules amended

These rules amend the Licensed Building Practitioners Rules 2007.

4 Rule 6 amended (How to apply for a class or classes)

Replace Rule 6 with:

6 How to apply for a class or classes of licence

1. To apply for a class or classes of licence, a person must make an application to the Registrar by either—
   
   1. completing the application online at the website of the licensed building practitioner scheme; or
   2. printing off a blank application form from the website of the licensed building practitioner scheme, and taking or posting that form after completion to the Registrar.
2. The application must—
   
   1. be made on the relevant electronic or (if applicable) paper form approved by the Registrar under rule 42 for the class of applicant to which the person belongs; and
   2. contain or be accompanied by—
      
      1. all of the information and evidence set out in rule 7; and
      2. a statement signed by the applicant to the effect that all of the information in the application and accompanying documents is true and correct; and
      3. the prescribed fees.
3. An application is deemed to be received as follows:
   
   1. if made on an electronic form, when acknowledged by the website of the licensed building practitioner scheme:
   2. if sent by registered mail, the date of the receipt of delivery:
   3. if delivered, when delivery is effected.

5 Rule 7 amended (How to apply for a class or classes)

Replace Rule 7 with:

7 Information that must be provided for a licence application

1. An applicant must provide the following information and evidence in or with an application—
   
   1. the full name of the applicant (including any aliases); and
   2. the applicant’s date of birth; and
   3. the applicant’s current residential address and address for communication under the Act (if different from the residential address); and
   4. the applicant’s contact details which may include phone numbers, fax numbers, and email and website addresses; and
   5. the name of any company or body corporate that is associated with the applicant including relevant contact details; and
   6. if the application is made on an electronic form, a passport-sized photograph of the applicant that complies with instructions on the electronic form; or
   7. if the application is made on a paper form—
      
      1. 2 recent passport-sized photographs verified on the back of the photograph as the true likeness of the applicant by a person who—
         
         1. has known the applicant for at least 12 months or more; and
         2. is neither related to the applicant, nor living at the same address as the applicant; and
      2. a certified copy of the applicant’s current passport, drivers licence, or birth certificate; and
   8. a chronological summary of the applicant’s relevant work history; and
   9. a record of recent work linking to the competencies required for the licence class applied for (including the name and contact details of the client(s) for whom the work was completed; and
   10. the contact details of 2 or more referees; and
   11. a statement confirming whether the applicant is currently or has previously been registered or licensed or otherwise recognised under any other enactment (including in an overseas jurisdiction) in respect of any substantially equivalent occupation, and if so, confirming whether:
       
       1. the applicant’s registration, licence or other recognition has been suspended or cancelled in respect of a disciplinary matter at any time within the last five years;
       2. the applicant is the subject of any preliminary investigations or action that might lead to disciplinary proceedings in relation to that registration, licence or recognition.
   12. evidence of the following (if applicable),—
       
       1. a certified copy of the applicant’s academic, trade, technical and other relevant qualifications; and
       2. a record of relevant recent learning activities attended; and
       3. proof of membership of any relevant industry organisation.
2. Applicants with overseas qualifications must provide a NZQA Qualifications Assessment Report confirming the level of the qualification on the New Zealand Register of Quality Assured Qualifications for that qualification.
3. Certified copies must—
   
   1. be stamped or endorsed as being true copies of the original by a person authorised by law to take statutory declarations in New Zealand; and
   2. if the application is made on a paper form, be provided in hard copy; and
   3. if the application is made on an electronic form, be provided with the application in an electronic form approved by the Registrar.
4. An applicant who provides evidence of a qualification under subclause (1) (l) (i) that is a recognised qualification, need not provide the information and evidence required by subclause (1)(h),(i), and (l)(ii).

6 New Rule 42 inserted (Registrar may approve forms)

After Rule 41, insert:

42 Registrar may approve forms

The Registrar may—

1. approve an electronic or paper form for use by 1 or more specified classes of applicant; and
2. require the use of an electronic identity verification service as part of an approved electronic form.