Plumbers, Gasfitters, and Drainlayers Act 1976

1: Short Title and commencement
1: This Act may be cited as the Plumbers, Gasfitters, and Drainlayers Act 1976.
2: Except as provided in section 54
2: Interpretation
In this Act, unless the context otherwise requires,— Board section 5 Chairman clause 1 Chairman: this definition was substituted 21 October 1999 2(1) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Consumer section 2(1) Gas Act 1992 Consumer: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Act 1993 Craftsman gasfitter section 20 registered as a craftsman gasfitter registration as a craftsman gasfitter Craftsman plumber section 20 registered as a craftsman plumber registration as a craftsman plumber Deputy Chairman clause 1 Deputy Chairman: this definition was substituted 21 October 1999 2(1) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Distribution system section 2(1) Gas Act 1992 Distribution system: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Document Official Information Act 1982 Document: this definition was inserted 21 October 1999 2(2) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Drain drainage board
a: the Hutt Valley Drainage Board:
b: any board of trustees constituted under the Land Drainage Act 1908 Drainage board: this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Drainlaying
a: Laying a drain, other than a cast iron drain that has lead joints:
b: Altering, reconstructing, extending, repairing, opening-up, or renewing—
i: A drain; or
ii: A fitting connected to a drain— other than a cast iron drain that has lead joints:
c: Fixing or unfixing a sewage tank to or from a drain, other than a cast iron drain that has lead joints:
d: Fixing or unfixing a gully-trap or other trap in connection with a drain or sewage tank: Electronic transmission Electronic transmission: this definition was inserted 21 October 1999 2(2) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Employer licence section 39A Employer licence: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Fittings section 2(1) Gas Act 1992 Fittings: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Fixing fix unfix Gas section 2 Gas Act 1992 Gas: this definition was substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Gas appliance section 2(1) Gas Act 1992 Gas appliance: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gas inspector section 20 registered as a gas inspector registration as a gas inspector Gas inspector: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Gas measurement system section 2(1) Gas Act 1992 Gas measurement system: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gas refueller section 2(1) Gas Act 1992 Gas refueller: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gas transmission section 2(1) Gas Act 1992 Gas transmission: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gasfitting
a: The work of fixing or unfixing pipes (including flue and ventilation pipes) beyond the outlet of any gas measurement system supplying a consumer or gas refueller with gas (or, where there is no such gas measurement system, beyond the custody transfer point of the place at which gas is supplied to a consumer or gas refueller):
b: The work of fixing or unfixing pipes (including flue and ventilation pipes) that convey gas from any gas storage container in the possession or control of a consumer or gas refueller, and—
i: In the case of liquefied petroleum gas, that are downstream of the first regulator beyond that container; or
ii: In the case of any other gas or where there is no such regulator (in the case of liquefied petroleum gas), that are downstream of the outlet valve of the container:
c: The work of fixing or unfixing the whole or part of the control system of any gas appliance— but does not include—
d: Work on any gas storage container, including its fixing or unfixing; or
e: Work on any gas transmission system or distribution system; or
f: Work on any pipes or fittings supplied with liquefied petroleum gas from any gas storage container or containers that contains, or together contain, less than 15 kilograms net weight of liquefied petroleum gas; or
g: Work in any circumstances where the exclusions in section 3(2) Gas Act 1992 Gasfitting: this definition was amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Gasfitting: this definition was substituted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Investigator section 40 Licence section 36 or section 36B 37 Licence: this definition was amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the expression or section 36B Limited certificate section 38 Local authority
a: a territorial authority within the meaning of the Local Government Act 2002
b: Any other local authority within the meaning of that Act that undertakes the functions conferred on local authorities by this Act, or to which those functions are delegated, whether pursuant to that Act or to any other enactment: Local authority: paragraph (a) of this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Minister Ministry Gas Act 1992 Ministry: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Pipe section 2(1) Gas Act 1992 Pipe: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Registered drainlayer section 20 registered as a drainlayer registration as a drainlayer Registered gasfitter section 20 registered as a gasfitter registration as a gasfitter Registered person a gas inspector, Registered person: this definition was amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words a gas inspector, Registered plumber section 20 registered as a plumber registration as a plumber Registrar section 13 Sanitary plumbing section 3 Secretary Secretary: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Tradesperson section 57 (2) Tradesperson: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 1964 No 132 s 2
3: Meaning of
sanitary plumbing
1: In this Act, unless the context otherwise requires, sanitary plumbing
a: The work of fixing or unfixing any bath, shower, lavatory basin, sink, slop sink, urinal, water closet, bedpan washer, bedpan steriliser, laundry tub, or washing machine, or any other sanitary fitting or appliance, or any fittings or accessories associated therewith:
b: The work of fixing or unfixing any trap, waste or soil pipe, ventilation pipe, or overflow pipe connected with or intended to be connected with or accessory to any sanitary fitting or appliance or any drain, whether or not the fitting, appliance, or drain is there when the work is done:
c: The work of fixing or unfixing any pipe that—
i: Supplies or is intended to be a means of supplying water to any sanitary fitting or appliance; and
ii: Is within the legal boundary of the premises on which that sanitary fitting or appliance is or will be installed,— whether or not that sanitary fitting or appliance is there when the work is done:
d:
e: The work of laying, fixing, or unfixing any cast iron drain that has lead joints:
f: Generally all plumbing work associated with any sanitary fitting or appliance.
2: Notwithstanding subsection (1) sanitary plumbing
a: The work of fixing or unfixing any sanitary fitting or appliance that is installed in any ship, aircraft, or vehicle, or any plumbing work associated with any such sanitary fitting or appliance; or
b: The work of fixing or unfixing a gas, electrical, or solar water heater that supplies or is intended to supply hot water to not more than one sanitary fitting or appliance; or
c: The work of fixing or unfixing any other gas, electrical, or solar water heater in any case where fixing or unfixing of pipes supplying or intended to supply water is not involved; or
d: The work of fixing or unfixing a bedpan washer, a bedpan steriliser, or a washing machine in any case where the fixing or unfixing of waste pipes or of pipes supplying or intended to supply water is not involved; or
e: The work of fixing or unfixing a pipe for reticulating hot water in any central heating system or a pipe supplying cold water from a tank or pressure reducing valve to a heating appliance used exclusively for a central heating system; or
f: The work of repairing or replacing taps, ball valves, tap washers, or plugs; or
g: The work of fixing or unfixing any shower that is installed over a bath and that is supplied with water through the bath taps.
3: Notwithstanding the definition of the term sanitary plumbing subsection (1) Public Works Act 1981 subsection (4) Land Act 1948 Reserves Act 1977 1964 No 132 s 2 1967 No 22 s 2 Subsection (1)(c) substituted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Subsection (1)(d) repealed 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
4: Act to bind Crown
This Act binds the Crown. 1964 No 132 s 3
1: Plumbers, Gasfitters, and Drainlayers Board
5: Constitution of Board
1: There is hereby constituted a board to be called the Plumbers, Gasfitters, and Drainlayers Board.
2: The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.
3: On the date of the commencement of this Act the Board shall succeed to the rights, duties, responsibilities, and obligations conferred and imposed immediately before that date on the Plumbers and Gasfitters Board established under the Plumbers and Gasfitters Registration Act 1964
4: Notwithstanding anything in the Public Records Act 2005 Ministry of Health 1964 No 132 s 4(1) The reference to Ministry of Health replaced Department of Health 1 July 1993 38(3) Health Amendment Act 1993 Subsection (4) amended 21 April 2005 67(1) Public Records Act 2005 by substituting the words Public Records Act 2005 Archives Act 1957
6: Constitution of Board
1: The Board consists of—
a: Two persons, each of whom must be a craftsman plumber or a registered plumber; and
b: Two persons, each of whom must be a craftsman gasfitter or a registered gasfitter; and
c: Two registered drainlayers; and
d: Four other persons, of whom—
i: One (but not more than 1) may be a registered person; and
ii: One (but not more than 1) may be a representative of a relevant training organisation.
2: Each member is appointed by the Minister by notice in the Gazette Subsection (1)(d) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by adding the words or the Registered... New Zealand Incorporated Subsection (1)(e) substituted 16 December 1988 Plumbers, Gasfitters, and Drainlayers Amendment Act 1988 Subsection (1)(f) repealed 16 December 1988 Plumbers, Gasfitters, and Drainlayers Amendment Act 1988 Section 6 substituted 21 October 1999 3 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 See section 14 The references to Ministry of Education Secretary of Education replaced 1 October 1989 Department of Education Director-General of Education 144(2) Education Act 1989 The reference to Ministry of Health replaced 1 July 1993 Department of Health 38(3) Health Amendment Act 1993 The reference to chief executive of the Department of Labour replaced 16 October 1989 Secretary of Labour 2(8) Labour Department Act Repeal Act 1989
6A: Term of office
1: Each member takes office from a date specified for that purpose in the notice appointing the member or, if no date is specified in the notice, from the date on which the notice is published in the Gazette
2: Each member is appointed for a term of 3 years or such shorter term as is specified in the notice of appointment, and may be reappointed from time to time, but no person is eligible to be a member for more than 9 consecutive years. Sections 6A 6B inserted 21 October 1999 3 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 See section 14
6B: Vacation of office
1: Any member of the Board may at any time resign his or her office by giving a notice to that effect to the Minister.
2: A member of the Board is to be taken to have vacated his or her office if—
a: He or she dies; or
b: He or she is adjudged bankrupt under the Insolvency Act 2006
3: Any member of the Board may be removed from office by the Minister, by notice given to the member, on the grounds of a mental or physical condition affecting performance of duty, or for neglect of duty, or misconduct, proved to the satisfaction of the Minister.
4: A member of the Board may be removed from office by the Minister, with the concurrence of the Board, by notice given to the member, on the ground that the member's performance on the Board is inadequate.
5: The powers of the Board are not affected by any vacancy in its membership. Sections 6A 6B inserted 21 October 1999 3 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 See section 14 Section 6B(2)(b) amended 3 December 2007 section 445 Insolvency Act 2006
7: Chairman of Board
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
8: Deputy Chairman of Board
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
9: Meetings of Board
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
10: Deputies of members
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
11: Functions and powers of Board
1: The functions of the Board shall be—
a: To make arrangements for the examination of persons practising or intending to practise the plumbing or gasfitting or drainlaying trades:
b: To present or issue, either independently or in conjunction with any other examining body, diplomas or certificates to any such person in recognition of his proficiency in any of those trades:
c: To make recommendations to any person or body concerned with the education or training of any person wishing to enter the plumbing or gasfitting or drainlaying trades, or with regard to any other matter affecting such trades:
d: To receive applications for registration under this Act, and to authorise registration in proper cases:
da: To ensure that craftsmen gasfitters, gas inspectors, and registered gasfitters maintain an adequate level of competence in the field of work in respect of which they are registered:
e: To exercise disciplinary powers in accordance with the provisions of Part 4
f: To institute prosecutions against registered persons or other persons for the breach of any Act or regulation relating to sanitary plumbing, gasfitting, or drainlaying:
g: To make recommendations to the Minister with respect to the making of regulations under this Act, or the making of regulations controlling sanitary plumbing or drainlaying under the Health Act 1956
h: Generally, within the scope of its authority, to do whatever may in its opinion be necessary for the effective administration of this Act:
i: To perform such other functions as may be conferred on it by any other enactment.
2: The Board shall have all such powers as may be reasonably necessary to enable it to properly carry out its functions. 1964 No 132 s 7(1), (2)(b) Subsection (1)(da) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
12: Committees and advisers
Section 12 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
13: Registrar and other officers
1: The Board shall from time to time appoint a person to be the Registrar of Plumbers, Gasfitters, and Drainlayers, and may from time to time appoint such Deputy Registrars and other officers, employees, and agents as it thinks necessary for the efficient performance of the Board's functions, and may pay them such remuneration as it considers appropriate.
2: A member of the Board may concurrently hold the post of Registrar, or any other office of employment under the Board. Financial provisions
14: Fees and allowances
There may be paid to members of the Board, any committee appointed by the Board, and to investigators appointed under section 40 Section 14 substituted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
14A: Board may prescribe fees
1: The Board may from time to time, by notice in the Gazette
a: An application for registration under this Act:
b: An addition or alteration to the register:
c: The issue of any licence:
d: The issue of any certificate, or a copy of any certificate:
e: An application for an exemption under this Act:
f: The supply of a copy of any entry in the register:
g: Inspection of the register, or of any other documents kept by the Board that are open for inspection:
h: The supply to any registered person of any documents, other than certificates of registration, required by him or her for the purpose of seeking registration overseas:
i: Any other matter that relates to anything the Board is required to do in order to carry out its functions.
2: Different fees may be prescribed under this section for different classes of registered person.
3: Any notice prescribing any fee under this section may exempt any class or classes of person from liability to pay any such fee, and may provide for the waiver or refund of any such fee. 1995 No 95 s 126 Sections 14A to 14C inserted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
14B: Disciplinary levy
1: The Board may from time to time, by notice in the Gazette
a: Investigations into allegations or complaints against registered persons; and
b: Proceedings concerning discipline under this Act.
2: Any notice imposing any levy under this section may exempt from liability to pay such levy any class or classes of registered person, and may provide for the waiver or refund of any such levy. 1995 No 95 s 127 Sections 14A to 14C inserted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
14C: Further provisions relating to fees and levy
1: Any notice under section 14A 14B Gazette
2: Every notice under section 14A 14B Gazette
3: Every notice under section 14A 14B Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
4: Every fee set under section 14A section 14B 1995 No 95 s 128 Sections 14A to 14C inserted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
15: Finance
1: The Registrar, or any other officer or employee of the Board authorised in that behalf by the Board, shall take and receive such fees in respect of such matters under this Act as may from time to time be prescribed.
2: Until the prescribed fee has been paid, the Registrar or any other officer or employee of the Board may decline to do any act, or permit any act to be done, or to receive any document, in respect of which that fee is payable.
3: All money received under this section and all other money received by the Board may be applied by the Board for any of the following purposes:
a: The payment of remuneration and travelling allowances and expenses to its members, employees, and agents, including any person referred to in section 14
b: The payment of contributions to the global asset trust National Provident Fund Restructuring Act 1990
c: The payment of all costs and expenses incurred in doing whatever the Board considers expedient to best accomplish the purposes for which it is established:
d: Contributing towards the cost of educating or training any person wishing to enter the plumbing or gasfitting or drainlaying trades, and providing scholarships or bursaries and making donations for any such purpose.
4: All money received by the Board or by an employee of the Board shall as soon as practicable be paid into such bank account or accounts of the Board as the Board may from time to time determine.
5: The Board may from time to time invest any such money that is not for the time being required for any of the purposes specified in subsection (3) Trustee Act 1956
6: Every payment of money on behalf of the Board shall, unless authorised by a prior resolution of the Board, be submitted to the Board for confirmation at its first ordinary meeting after the date of payment.
7: Every payment of money by the Board shall be by cheque or other instrument (not being a promissory note or bill) signed by the Registrar or any other officer authorised in that behalf by the Board, and shall be countersigned by any other such officer or by a member of the Board.
8: The Board shall keep full and correct accounts of all money received and expended by it.
9: The Board is a public entity as defined in section 4 Public Audit Act 2001
10: As soon as practicable after the end of each financial year, the Board shall cause to be prepared and submitted to the Audit Office full and true statements and accounts of all its income and expenditure in that year, together with a statement of financial position
11: For the purposes of this section, the financial year of the Board shall be the period ending with the 31st day of March in each year, or such other date as the Board may from time to time determine. 1964 No 132 s 30 Subsection (3) amended 1 April 1991 by substituting the words global asset trust National Provident Fund 34(b) National Provident Fund Restructuring Act 1990 The reference to the National Provident Fund Restructuring Act 1990 replaced 1 April 1991 81(1) National Provident Fund Restructuring Act 1990 The reference to the Public Finance Act 1977 replaced 1 April 1978 Public Finance Act 1977 Subsection (9) substituted 1 July 2001 53 Public Audit Act 2001 Subsection (10) amended 1 October 1997 6(1) Financial Reporting Amendment Act 1997 by substituting the words statement of financial position balance sheet
16: Insurance of members of Board, etc
The Board may from time to time enter into contracts of insurance insuring members of the Board, members of any committee of the Board, persons appointed to advise the Board under any contract or under section 44 section 40 Section 16 amended 21 October 1999 6 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 by substituting the words any contract or under section 44 section 12 or section 44
17: Unauthorised expenditure
Without limiting section 15(3) $500 1964 No 132 s 33 Section 17 amended 8 March 1985 Plumbers, Gasfitters, and Drainlayers Amendment Act 1985 by substituting the expression $500 $200
18: Power to borrow money
The Board may, from time to time, borrow money required for any of the purposes of the Board; and, for the purpose of securing any money so borrowed, may mortgage, charge, or pledge any right, title, estate, or interest in any real or personal property vested in the Board.
18A: Further provisions relating to Board in Schedule
The provisions set out in the Schedule apply to the Board and its proceedings. Section 18A inserted 21 October 1999 7 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
19: Amendments to other enactments
1: Part 2 Public Bodies Contracts Act 1959 The Plumbers, Gasfitters, and Drainlayers Board 1976, No 69—The Plumbers, Gasfitters, and Drainlayers Act 1976
2: Part 2 Local Authorities (Members Interests) Act 1968 The Plumbers, Gasfitters, and Drainlayers Board 1976 No 69-The Plumbers, Gasfitters, and Drainlayers Act 1976
2: Registration of plumbers, gasfitters, and drainlayers
20: Registers
1: The Board shall set up and maintain the following registers:
a: A Register of Craftsman Plumbers:
b: A Register of Craftsman Gasfitters:
ba: A Register of Gas Inspectors:
c: A Register of Plumbers:
d: A Register of Gasfitters:
e: A Register of Drainlayers:
f: A Register of Holders of Limited Certificates.
2: The Register of Plumbers, the Register of Gasfitters, and the Register of Holders of Limited Certificates, kept under section 9 of the Plumbers and Gasfitters Registration Act 1964
3: The registers shall be kept by the Registrar and shall be maintained in such form, whether in bound books or otherwise, as may be prescribed, or, if no form is prescribed, as the Board may determine.
4: The Registrar shall enter in the appropriate register the name of every person entitled to be registered under this Act, together with such other particulars as may be prescribed.
5: The Registrar shall, in making entries in the Register of Holders of Limited Certificates, distinguish between certificates that authorise the holders to do sanitary plumbing, certificates that authorise the holders to do gasfitting, and certificates that authorise the holders to do drainlaying.
6: The registers shall be open for inspection during ordinary office hours by members of the public.
7: The Board may from time to time cause a register maintained under this Act to be published in such form, whether abbreviated or otherwise, as it thinks fit, and may charge any person purchasing a copy of that register such reasonable fee as it thinks appropriate. 1964 No 132 s 9 Subsection (1)(ba) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
21: Qualifications for registration as craftsman plumber
1: Subject to section 27
a: That, immediately before the commencement of this Act, he was registered as a plumber under the Plumbers and Gasfitters Registration Act 1964
b: That, immediately before the commencement of this Act, he was serving an apprenticeship in the plumbing trade and is, or is entitled to be, registered as a plumber under section 23(b)
c: That he is entitled to be registered as a plumber under section 23(d)
d: That, after obtaining registration as a plumber, he has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section.
2: No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) section 37
22: Qualifications for registration as craftsman gasfitter
1: Subject to section 27
a: That, immediately before the commencement of this Act, he was registered as a gasfitter under the Plumbers and Gasfitters Registration Act 1964
b: That, immediately before the commencement of this Act, he was serving an apprenticeship in the gasfitting trade and is, or is entitled to be, registered as a gasfitter under section 24(b)
c: That he is entitled to be registered as a gasfitter under section 24(e)
d: That, after obtaining registration as a gasfitter, he has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section.
2: No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) section 37
22A: Qualifications for registration as gas inspector
Subject to section 27
a: That he or she is—
i: A qualified gas engineer; or
ii: A Registered Engineering Associate (Gas); or
iii: A craftsman gasfitter; or
iv: Otherwise suitably qualified to be a gas inspector; and
b: That he or she has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section. Section 22A inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
23: Qualifications for registration as plumber
Subject to section 27
a: That he—
i: Is registered as a gasfitter; and
ii: Has passed such examination or examinations as may be prescribed, or as may be approved by the Board for the purposes of this paragraph; or
b: That he has—
i: Completed an apprenticeship in the plumbing trade or, after the 1st day of January 1979, in the plumbing-gasfitting trade; and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
c: That he has—
i: Held a limited certificate to do sanitary plumbing for a continuous period of 5 years (whether that period commenced before or after the commencement of this Act); and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
d: That he has—
i: Been engaged in the plumbing trade for an aggregate period of at least 7 years commencing before the commencement of this Act; and
ii: Before the 1st day of April 1984, passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph. 1964 No 132 s 10
24: Qualifications for registration as gasfitter
Subject to section 27
a: That he—
i: Is registered as a plumber; and
ii: Has passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
b: That he has—
i: Completed an apprenticeship in the gasfitting trade or, after the 1st day of January 1979, in the plumbing-gasfitting trade; and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
c: That he has—
i: Completed an apprenticeship, in any industry within the meaning of the Industry Training Act 1992
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
d: That he has—
i: Held a limited certificate to do gasfitting for a continuous period of 5 years (whether that period commenced before or after the commencement of this Act); and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
e: That he has—
i: Been engaged in the gasfitting trade for an aggregate period of at least 7 years commencing before the commencement of this Act; and
ii: Before the 1st day of April 1984, passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph. 1964 No 132 s 11 The reference to the Industry Training Act 1992 replaced 1 July 1992 14(1) Industry Training Act 1992 replaced
25: Qualifications for registration as drainlayer
1: Subject to section 27 subsections (2) (3)
a: That, immediately before the commencement of this Act, he was registered as a drainlayer under the Health Act 1956
b: That he has passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph, and has undergone such practical training and acquired such experience, in addition to passing such examination or examinations, as may be prescribed for such purposes.
2: No person shall be registered as a drainlayer pursuant to subsection (1)(a)
3: No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) section 37
26: Persons qualified overseas
Subject to section 27 sections 21 to 25 a gas inspector,
a: That he is the holder of a certificate or evidence of registration or recognition, for the time being recognised by the Board pursuant to section 64
b: That, notwithstanding that he is not the holder of any such certificate or evidence,—
i: He has successfully undergone a course of training, elsewhere than in New Zealand, that is substantially equivalent to the course of training that he would have had to undergo in New Zealand for the purpose of obtaining the registration for which he is applying; and
ii: He has undergone in New Zealand any further training, and passed any examination or examinations, that he may be required by the Board to undertake and pass; and
iii: He has a reasonable command of the English language. Section 26 amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words a gas inspector,
27: Refusal of registration
The Board may refuse to register a person, other than a person applying for registration as a drainlayer pursuant to section 25(1)(a)
a: He has been convicted of an offence relating to plumbing or gasfitting or drainlaying (as the case may require), against this Act or the Plumbers and Gasfitters Registration Act 1964 Health Act 1956 Gas Act 1992
b: His name has been removed from a register kept under the Plumbers and Gasfitters Registration Act 1964 section 22 of that Act
c: His name has been removed, pursuant to section 42 The reference to the Gas Act 1992 replaced 1 April 1993 58(1) Gas Act 1992 replaced
28: Applications for registration
1: Except as may be provided by regulations for the time being in force under this Act, an application for registration under this Act shall be made in writing addressed to the Board.
2: An application shall be accompanied by the prescribed fee (if any).
3: No entry of the name of any person shall be made in a register otherwise than at the direction of the Board.
29: Applications to be considered by Board
1: At its first meeting after an application has been submitted to it under section 28
2: Before giving a direction the Board may, if it thinks fit, examine on oath or otherwise the applicant, or any person objecting to the application, or any other person, with respect to the application; and for the purposes of an examination the Chairman may administer an oath to any person.
3: The Board may also, if it thinks fit, require a person to verify by statutory declaration any statement made by him with respect to an application before the Board.
30: Registration, etc
1: If, after considering an application under section 29
2: If the Board is of opinion that the applicant is not entitled to be registered in accordance with his application, it shall direct the Registrar not to register him; and the Registrar shall refuse to register that person.
3: If the Board refuses to direct the registration of an applicant, it shall cause the applicant to be notified in writing of its refusal and the reasons for it.
31: Certificates of registration
1: The Registrar shall, on request by a registered person, and on payment of the prescribed fee, issue to that person a certificate of his registration.
2: Where a person is registered in more than 1 capacity under this Act, it shall be sufficient compliance with subsection (1) 1964 No 132 s 12
32: Registered persons to notify change of address
1: If a registered person changes his address from that recorded in a register he shall, within 3 months thereafter, notify the Registrar of his new address; and the Registrar shall amend the entry in the register relating to that person.
2: Every registered person who fails to comply with subsection (1)
33: Name may be removed from register if registered person or holder of limited certificate cannot be found, etc
1: The Registrar may at any time, and shall if the Board so directs, send to a registered person, or to a holder of a limited certificate, by registered letter addressed to him at his last known place of residence or business, an inquiry as to whether or not he desires to have his name retained in the register or registers, as the case may require.
2: If no reply is received within 3 months after the date of the posting of the letter, or if the letter is not delivered and is returned to the Registrar, the Registrar shall, if the Board so directs, remove from the register or registers the name of the registered person or holder of the limited certificate to whom the letter was sent.
3: If the Board has reason to believe that a registered person or holder of a limited certificate has died, it may direct the Registrar to remove the name of that registered person or holder of a limited certificate from the appropriate register or registers; and the Registrar shall remove that name accordingly.
4: A person whose name has been removed from a register under this section may apply to the Registrar to have his name restored to that register, and, on proof to the satisfaction of the Board that his name has been so removed, the Board shall direct the Registrar to restore that person's name to that register; and, on payment to him of the prescribed fee, the Registrar shall restore that name accordingly. 1964 No 132 s 18
34: Amendment of register if person wrongfully registered or if particulars incorrect
1: If a person has been registered under this Act by reason of a false or fraudulent representation or declaration, made either orally or in writing, or if a person not entitled to be registered has been registered, the Board shall direct the Registrar to remove the name of that person from the appropriate register; and the Registrar shall remove that name accordingly.
2: If any particulars appearing in a register in respect of the qualifications of a person are proved to the satisfaction of the Board to be, or are to the knowledge of the Board, false or erroneous in any respect, the Board shall direct the Registrar to remove those particulars from the register, or otherwise amend that register; and the Registrar shall remove those particulars or amend that register accordingly.
3: Subsection (2)
35: Amendment of register on change of name, and removal of name on request
1: Where it appears to the satisfaction of the Board that a registered person has changed his name, or that the name of a registered person is incorrectly stated in a register, the Board shall direct the Registrar to amend the register; and the Registrar shall, on payment of the prescribed fee (if any), correct any entry in the register relating to the registered person accordingly.
2: Notwithstanding subsection (1)
3: The Board may at any time, if it thinks fit, on the application of a registered person, direct the Registrar to remove the name of that person from the register or registers in which it appears; and the Registrar shall remove that name accordingly. 1964 No 132 s 19
3: Licences and limited certificates
36: Registered persons to have licences
1: In this section the term year
2: Except as provided in section 38 53 to 57
3: Subject to the payment of the prescribed fee, the Registrar, on application made to the Registrar by a craftsman plumber, or registered plumber, or registered drainlayer, shall issue to him or her an appropriate licence.
4: A licence shall be in force until the expiry of the year in respect of which it is issued, or until the holder sooner ceases to be registered under this Act.
5: Every person who is entitled to receive a licence under this section shall be deemed to have obtained the licence when he has duly applied to the Registrar for it and has paid the prescribed fee.
6: A licence may be issued under this section in advance for any period not exceeding 5 years, and may, subject to the approval of the Postmaster-General, be applied for and issued through New Zealand Post Limited
7: Notwithstanding the foregoing provisions of this section, if—
a: A registered plumber, being the holder of a current registered plumber's licence, becomes a craftsman plumber, he shall be required to pay for a craftsman plumber's licence, in respect of any period during which both licences will be in force, only the amount (if any) by which the fee prescribed for the craftsman plumber's licence exceeds the fee paid by him for his registered plumber's licence in respect of the same period:
b:
8: Section 31(2) 1964 No 132 s 13 Subsection (2) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by omitting the words or be entitled to do any gasfitting unless he is the holder of a craftsman gasfitter's licence or a registered gasfitter's licence, Subsection (3) substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 The reference to New Zealand Post Limited (6) replaced 19 December 1986 Post Office 2 State-Owned Enterprises Act 1986 Subsection (7)(b) repealed 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36A: Annual licence for gasfitters and gas inspectors
Except as provided in sections 38 39A 53 57 section 36B Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36B: Applications for licence for gasfitters and gas inspectors
1: Every application for the issue of a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence shall be made to the Registrar.
2: Every application under subsection (1)
a: Specify—
i: Whether the applicant is, at the date of the application, actively engaged in work as a gasfitter or, as the case may require, a gas inspector; and
ii: Such other particulars as may be prescribed; and
b: Be accompanied by the prescribed fee (if any).
3: On receiving an application under subsection (1)
a: Subject to section 36D
b: In any other case, refer the application to the Board.
4: Notwithstanding anything in subsection (2) Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36C: Board to consider applications
1: The Board shall consider every application referred to it under section 36B(3)(b)
2: The Board shall not decline an application referred to it under section 36B(3)(b)
a: A copy of any information on which the Board relies in proposing to decline the application; and
b: A reasonable opportunity to comment on that information and to be heard, either personally or by that person's representative, in support of the application.
3: Where the Board declines an application referred to it under section 36B(3)(b)
a: The reasons for its direction; and
b: Any condition (being a condition that the applicant pass a specified examination, or complete any specified period of practical training, or acquire any specified practical experience, or attend any specified course of instruction) that the Board requires the applicant to fulfil before a licence will be issued to him or her; and
c: The applicant's rights of appeal against the decision. Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36D: Regulations may prescribe conditions for issue of licences to gasfitters and gas inspectors
1: For the purpose of ensuring that all craftsman gasfitters, registered gasfitters, and gas inspectors are competent to engage in work of the class or classes in respect of which they are registered, the Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered on the recommendation of the Board, make regulations prescribing conditions that must be fulfilled by applicants for a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence, or by any specified class or classes of applicants for a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence, before such a licence will be issued to them.
2: The following conditions may be prescribed under subsection (1)
a: A condition that the applicant has passed such examination as may be prescribed:
b: A condition that the applicant has completed such period of practical training as may be prescribed:
c: A condition that the applicant has acquired such practical experience as may be prescribed:
d: A condition that the applicant has attended such course of instruction as may be prescribed.
3: Different conditions may be prescribed under subsection (1)
4: Any regulations prescribing any condition under subsection (1)
5: Notwithstanding anything in paragraph (a)
a: An application to which that paragraph applies is received by the Registrar; and
b: The Registrar is not satisfied that the applicant has fulfilled all the conditions prescribed under subsection (1) the Registrar shall decline to issue a licence to the applicant, and shall notify the applicant of that decision, of the reasons for it, and of the applicant's rights of appeal against that decision. Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36E: Currency of licences for gasfitters and gas inspectors
1: Subject to subsection (3) section 36B
2: A licence issued under section 36B
a: If it is issued before the date of the expiry of the current licence held by the applicant, on the 1st day of April next following; and
b: In any other case, on the date of its issue,— and in either case it shall expire with the close of the 31st day of March in the year in which it is stated to expire.
3: If at any time during the currency of a licence its holder ceases to be registered under this Act, that person's licence shall cease to be in force, and the Board may direct that person to return that licence to the Registrar.
4: Every person who is entitled to receive a licence under section 36B(3)(a)
5: Every craftsman gasfitter's licence and every registered gasfitter's licence, issued under section 36 section 36B Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
37: Provisional licences
1: Notwithstanding anything to the contrary in this Act, where it appears to the Registrar that an applicant for registration is qualified for registration, the Registrar may, on payment to him of the prescribed fee (if any), issue to that person a provisional licence which shall entitle him, while the certificate is in force pending the consideration of his application by the Board, to do such work as he would have been entitled to do if he had been registered in accordance with his application.
2: A provisional licence shall, unless it is sooner cancelled, remain in force for the period, not exceeding 3 months, stated in it, but it may from time to time be renewed for a further period not exceeding 3 months.
3: The holder of a provisional licence shall, while the licence remains in force, be deemed for all purposes to be a craftsman plumber, or a craftsman gasfitter, or a gas inspector,
4: The Registrar shall cancel a provisional licence at any time on the direction of the Board, or may, without any such direction, refuse to renew any such licence. 1964 No 132 s 14 Subsection (3) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or a gas inspector,
38: Unregistered persons to have limited certificates
1: In this section— Apprentice gasfitter paragraph (c) Apprentice plumber Apprentice plumber-gasfitter
2: Subject to sections 39 49 subsections (3) (5)
3: Every application made under subsection (2)
a: In the case of an application for a limited certificate to do sanitary plumbing, by the craftsman plumber or registered plumber; or
b: In the case of an application for a limited certificate to do gasfitting, the craftsman gasfitter or registered gasfitter; or
c: In the case of an application for a limited certificate to do drainlaying, the registered drainlayer— in whose employment or under whose supervision the person by or on whose behalf the application is made intends to work.
4: Subject to any regulations made under section 66(1)(c)
a: If that work is sanitary plumbing,—
i: Under the direct supervision and in the presence of a craftsman plumber or a registered plumber, in any case where the holder is not an apprentice plumber and has not held a limited certificate to do sanitary plumbing for a continuous period of at least 2 years; or
ii: While in the employ of a craftsman plumber or under the supervision of a craftsman plumber or registered plumber, in any other case; or
b: If that work is gasfitting,—
i: Under the direct supervision and in the presence of a craftsman gasfitter or a registered gasfitter, in any case where that holder is not an apprentice gasfitter and has not held a limited certificate to do gasfitting for a continuous period of at least 2 years; or
ii: While in the employ of a craftsman gasfitter or under the supervision of a craftsman gasfitter or a registered gasfitter, in any other case; or
c: If that work is drainlaying,—
i: Under the direct supervision and in the presence of a registered drainlayer, in any case where that holder has not held a limited certificate to do drainlaying for a continuous period of at least 2 years; or
ii: While in the employ or under the supervision of a registered drainlayer, in any other case.
5: No fee shall be payable by an apprentice plumber in respect of an application for or the issue of a limited certificate to do sanitary plumbing, or by an apprentice gasfitter in respect of an application for or the issue of a limited certificate to do gasfitting, or by any person, who satisfies the Registrar that he is undergoing instruction or training in drainlaying for the purpose of obtaining registration as a drainlayer under this Act, in respect of an application for or the issue of a limited certificate to do drainlaying.
6: For the purposes of subsection (4)(c) Health Act 1956
7: Nothing in this section shall authorise an apprentice plumber or an apprentice gasfitter to do any work in any circumstances, if the doing of that work, or the doing of that work in those circumstances, would be inconsistent with the terms and conditions governing his apprenticeship. 1964 No 132 ss 15, 16
39: Further provisions as to limited certificates
1: On the registration as a craftsman plumber or as a plumber of any person who holds a limited certificate to do sanitary plumbing, the certificate shall be deemed to be cancelled, and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.
2: On the registration as a craftsman gasfitter or as a gasfitter of any person who holds a limited certificate to do gasfitting, the certificate shall be deemed to be cancelled and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.
3: On the registration as a drainlayer of any person who holds a limited certificate to do drainlaying, the certificate shall be deemed to be cancelled and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.
4: A limited certificate shall not be issued to any person who is or has been a craftsman plumber, a registered plumber, a craftsman gasfitter, a registered gasfitter, or a registered drainlayer, without the approval of the Board.
5: In the event of the Registrar refusing to issue a limited certificate to any person, that person may appeal to the Board, which may confirm or reverse the decision of the Registrar, or may direct that a limited certificate be issued to that person when any conditions that it may specify have been met. 1964 No 132 s 17 Employer licences This heading was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39A: Employer licence
1: Every person shall, on application in the prescribed form (if any) and on payment of the prescribed fee (if any), be entitled to be granted an employer licence by the Secretary, if that person satisfies the Secretary that the person will at all times maintain a system of operation—
a: That complies with such requirements as are prescribed by regulations made under section 66
b: That is sufficient to ensure that employees of that person who do any gasfitting—
i: Are competent to carry out the range of work for which they are employed; and
ii: Receive such supervision and training as is necessary to ensure that such work—
A: Is carried out safely and competently; and
B: Complies with the requirements of the Gas Act 1992 section 54
2: The Secretary may impose in respect of any employer licence issued pursuant to this section such conditions as the Secretary thinks fit.
3: Subject to any conditions imposed pursuant to subsection (2) section 66
a: An employer licence shall authorise the holder of the licence to authorise any employee of that person to do any gasfitting; and
b: Any authority given under an employer licence to any person to do any gasfitting shall be sufficient authority for the person so authorised to do that work. Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39B: Duration and renewal of licence
1: Subject to this section and to section 39C
2: Every employer licence, unless it has been revoked pursuant to section 39C
3: An application for the renewal of an employer licence shall be made in writing, in the prescribed form (if any), to the Secretary, and shall be accompanied by the prescribed fee (if any).
4: On receiving an application under subsection (3) subsection (5)
5: The Secretary shall not renew an employer licence unless the Secretary is satisfied that the applicant meets all the requirements for the issue of such a licence.
6: Where an application for the renewal of an employer licence has been made but not dealt with before the licence expires, the licence shall continue in force until the application is dealt with by the Secretary, and any renewal in any such case shall take effect from the date on which the licence would (but for the renewal) have expired. Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39C: Revocation of licence
1: Subject to subsection (2)
a: No longer meets all the requirements for the issue of an employer licence; or
b: Has failed to comply with any condition imposed by the Secretary in respect of that licence; or
c: Has failed to ensure that gasfitting done by employees of that person—
i: Is at all times carried out safely and competently; and
ii: Complies with the requirements of the Gas Act 1992 section 54
2: The Secretary shall not revoke an employer licence issued to any person unless the Secretary has first given that person an opportunity to be heard. Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39D: Revocation, etc, of conditions
The Secretary may at any time revoke, amend, or add to any condition imposed under section 39A(2) Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39E: Powers of inspection
1: There shall be deemed to be imposed in respect of every employer licence the condition that the Secretary, or any employee of the Ministry authorised by the Secretary for the purpose, may, for the purpose of ensuring compliance with the terms of the licence,—
a: At any reasonable time, inspect any premises (not being a dwellinghouse) occupied by the holder of the licence, and for that purpose may enter and re-enter any place:
b: Require the holder of the licence to produce for inspection, within such reasonable period as the Secretary or the employee may specify, any document in the possession or under the control of the holder of the licence, and may take copies of or extracts from any such document:
c: Require the holder of the licence to furnish, within such reasonable period as the Secretary or the employee may specify, such information or particulars as the Secretary or the employee may require.
2: If the holder of an employer licence breaches the condition expressed in subsection (1) section 39C
3: Every person shall give reasonable notice of that person's intention to enter any premises pursuant to subsection (1)(a)
4: Every person shall, on entering any premises pursuant to subsection (1)(a)
a: Evidence of that person's authority to enter the premises; and
b: Evidence of that person's identity.
5: Nothing in this section authorises any person to enter or search any restricted area within a defence area (within the meaning of the Defence Act 1990 Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
4: Disciplinary provisions
40: Appointment of investigators
1: For the purposes of this Act, the Board may from time to time appoint any person, not being a member of the Board, who is a registered person, or who is employed by a local authority as an Environmental Health Officer Health Act 1956
2: Appointments may be made under this section either generally or in relation to any particular case or class of cases.
3: Notwithstanding subsection (1) 1964 No 132 s 20
41: Complaints against registered persons
or tradespersons
1: Every person (other than an investigator) who wishes to complain to the Board about the conduct of a registered person or a tradesperson
2: Every complaint shall be in writing.
3: The Registrar may require that a complaint be supported by such statutory declarations as he may specify.
4: If the Registrar is satisfied, after considering a complaint and any statutory declarations relating to the complaint that he may have required, that the complaint relates to a matter that is within the Board's jurisdiction under section 42 the Board
4A: Before considering any complaint in accordance with the succeeding provisions of this Part of this Act, the Board may, if it thinks fit, refer the complaint to an investigator.
5: If, after examining the complaint, the investigator considers that it has substance he shall refer it to the Board for consideration by the Board in accordance with the succeeding provisions of this Part of this Act.
6: Without limiting subsection (1) Subsection (1) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or a tradesperson Subsection (4) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the words the Board an investigator Subsection (4A) inserted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
42: Disciplinary powers of Board
1: If a registered person—
a: Is or has been convicted of an offence relating to plumbing, gasfitting, or drainlaying, against this Act or the Plumbers and Gasfitters Registration Act 1964 Health Act 1956 Gas Act 1992
b: After due inquiry, is found by the Board to have been guilty of such improper or incompetent conduct in performing his work, or in charging for it, as renders him unfit to be registered under this Act; or
c: After due inquiry, is found by the Board to have been guilty of any other act or omission contrary to the integrity of the trade to which he belongs— the Board may, if it thinks fit, impose on the registered person any one of the penalties authorised by this section.
2: Subject to subsections (5) (6) subsection (1)
a: Order that the name of the registered person be removed from the appropriate register:
b: Order that the registered person's registration be suspended for a period not exceeding 12 months:
c: Impose a fine on the registered person not exceeding $10,000
d: Order that the registered person be censured.
2A: If a tradesperson, after due inquiry, is found by the Board—
a: To have done gasfitting in a negligent, unsatisfactory, or incompetent manner, or in a manner contrary to any enactment relating to gasfitting that was in force at the time the gasfitting was done; or
b: To have done gasfitting that, under the terms of any restriction or limitation that applies in respect of gasfitting that he or she may do, the person is not authorised to do,— the Board may, if it thinks fit,—
c: Order that the person be disqualified from doing gasfitting that the person would otherwise be authorised to do in that person's capacity as a tradesperson—
i: Permanently, or for such period as the Board thinks fit; or
ii: Until that person does any 1 or more of the following things:
A: Passes any specified examination:
B: Completes any specified period of training:
C: Attends any specified course of instruction; or
d: Order that the authority conferred by this Act on that person in that person's capacity as a tradesperson to do gasfitting be restricted, for such period as the Board thinks fit, in any 1 or more of the following ways:
i: The person shall be limited to such work as the Board may specify, and in imposing such a limitation the Board may also impose limitations on the circumstances in which the person may do that work:
ii: The person shall be limited to work only on premises approved by the Board:
iii: The person shall be limited to work only in the employ of an employer approved by the Board; or
e: Order that the person be censured.
3: In the case of a person who is registered in more than one capacity, the Board may exercise its powers under paragraph (a) (b)
4: Notwithstanding subsection (1) subsection (2)(c)
5: The Board shall not impose a fine on a registered person, nor order that he be censured, on the ground of an offence committed before the date of his registration.
6: The Board shall not exercise any of its disciplinary powers against a registered person on the ground of an offence committed before the date of his registration if, at that date, the Board knew of his conviction for that offence.
7: The Board shall not impose a fine upon a registered person under subsection (2)(c)
8: The Board may, by writing under the hand of the Chairman, instead of or in addition to imposing a penalty on a registered person or a tradesperson under subsection (2)
9: Each fine imposed, and all costs and expenses payable, under this section shall be recoverable as a debt due to the Board.
10: While an order of suspension of registration of a person in a particular capacity under this section remains in force, the person shall be deemed for the purposes of the provisions of this Act, other than this Part, not to be registered in respect of that capacity; but on the expiry of the order his rights and privileges as a registered person in that capacity shall be revived as from the date of the expiry.
10A: While an order under subsection (2A)
11: Subject to subsections (12) (13) sections 27 to 30
12: In an order under this section directing the name of a person to be removed from a register, the Board and, in the event of an appeal against any such order, the High Court
13: If neither the Board nor the High Court
14: No order that the name of a person be removed from a register, and no order of suspension or disqualification or restriction
15: If, within the period of 28 days referred to in subsection (14) High Court 1964 No 132 s 22 Subsection (2)(c) amended 21 October 1999 8 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 by substituting the expression $10,000 $100 Subsection (2A) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (8) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by substituting or a tradesperson under subsection (2) under subsection (2) Subsection (10A) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (14) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting or disqualification or restriction The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979 The Gas Industry Act 1958 (1958 No 43) was repealed 1 February 1983 Gas Act 1982 repealed 1 April 1993 58(1) Gas Act 1992
43: Procedure
1: Where a complaint is referred or made to the Board section 42 or tradesperson
2: A notice shall specify the time, date, and place for the hearing of the matter by the Board.
3: A notice may require the registered person or tradesperson
4: If the registered person or tradesperson
5: Where the registered person or tradesperson or tradesperson
6: The determination of a committee appointed under subsection (5) in respect of a complaint against a registered person
a: To determine that no penalty be imposed; or
b: To reduce the penalty determined by the committee by suspending the registered person's registration for a period or imposing a fine, instead of removing his name from a register; or
c: To reduce the period of suspension of registration or the fine determined by the committee; or
d: To substitute a fine for a period of suspension; or
e: To substitute a censure for any of the other penalties; or
f: To rescind or modify an order to pay costs and expenses.
6A: The determination of a committee appointed under subsection (5)
a: To determine that no penalty be imposed; or
b: To reduce the penalty determined by the committee by substituting, for an order made under section 42(2A)(c) section 42(2A)(d)
c: To reduce the period of disqualification imposed pursuant to section 42(2A)(c)
d: To substitute a censure for any of the other penalties; or
e: To rescind or modify an order to pay costs and expenses.
7: The succeeding provisions of this section and sections 44 to 48 subsection (5) sections 45 47 48
8: A complaint shall be prosecuted at the hearing by the investigator who was appointed by the Board under section 41(4A)
9: Subject to subsection (4) or tradesperson
10: In all proceedings under this Part of this Act the Board shall observe the rules of natural justice.
11: The Board may receive evidence whether or not it would be admissible in a Court of law.
12: The decision of a majority of the members of the Board present at any proceedings held under this Part of this Act shall be the decision of the Board.
13: Unless the Board otherwise directs, proceedings held under this Part of this Act shall not be open to the public.
14: Every order, decision, or determination of the Board under this Part of this Act shall be committed to writing, shall contain a statement of the reasons on which it is based, and shall be signed by the Chairman of the Board.
15: A copy of every order, decision, or determination of the Board under this Part of this Act shall be served by the Registrar on the registered person or tradesperson 1964 No 132 s 23 Subsections (1) (3) (4) (5) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or tradesperson Subsection (1) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by omitting the words by an investigator Subsection (6) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words in respect of a complaint against a registered person Subsection (6A) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (8) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the words was appointed by... the Board Subsections (9) (15) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or tradesperson
44: Appointment of legal assessor
1: For the purposes of advising the Board on questions of law and procedure arising in proceedings under this Part of this Act, the Board may appoint an assessor, who shall be a barrister or solicitor, to attend the proceedings.
2: The Board shall pay to the assessor, by way of remuneration and expenses for his services in respect of the proceedings, such sum as may be agreed upon between the assessor and the Board.
45: Board may require witnesses to attend and give evidence
1: The Board, by notice in writing under the hand of the Chairman or the Registrar, may, on tendering proper travelling expenses, require a person to attend and give evidence before it at an inquiry under this Part of this Act, and to produce all books, documents, papers, equipment, or things that are in that person's custody or under his control and that relate to the subject-matter of the inquiry.
2: The Board may require evidence to be given on oath, and either orally or in writing, and for that purpose the person presiding at any meeting of the Board may administer an oath to any person.
3: Every person who, without lawful justification, refuses or fails to give evidence when required to do so by the Board, or to answer truly and fully any question put to him by the Board, or to produce to the Board any book, document, paper, equipment, or thing required of him, commits an offence and is liable on summary conviction to a fine not exceeding $100. 1964 No 132 s 24
46: Immunity of witnesses and counsel
Witnesses and counsel shall have the same privileges and immunities in relation to inquiries before the Board as if the inquiries were proceedings in a Court of law. 1964 No 132 s 25
47: Witnesses' expenses
1: A witness giving evidence or intending to give evidence at the hearing of an inquiry under this Part of this Act shall be entitled in the discretion of the Board to such sum for his expenses and loss of time as the Board may determine.
2: Subject to an order made by the Board or by the High Court 1964 No 132 s 26 The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979
48: Power to adjourn and postpone
Subject to this Act, the Board may from time to time adjourn the hearing of any proceedings pending before it under this Part of this Act, and may postpone any finding or judgment until a further meeting of the Board.
49: Application of disciplinary provisions to holders of limited certificates
1: Subject to the provisions of this section, the provisions of sections 41 to 48
2: The Board shall not order that the name of a person be removed from the Register of Holders of Limited Certificates, but when making an order of suspension of registration in respect of any person so registered the Board shall specify the limited certificate or certificates that is or are to be cancelled, and such certificate or certificates shall, subject to the provisions of section 42(14)
3: When a limited certificate held by any person is deemed to be cancelled under subsection (2) 1964 No 132 s 28
5: Offences and legal proceedings
50: Offences
1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000
a: Not being a craftsman plumber, or not being a registered plumber, or not being a craftsman gasfitter, or not being a gas inspector, or a gas inspector,
b: Causes or permits the publication of any advertisement that purports to advertise the business of a craftsman plumber or of a craftsman gasfitter or of a registered drainlayer without specifying the name under which the craftsman plumber or craftsman gasfitter or registered drainlayer is registered under this Act; or
c: Subject to sections 54 to 56A
d: Subject to sections 39A 57
e: Subject to section 38 53 to 56A
f: Subject to sections 38 , 39A 57
fa: Does any work authorised by or under this Act to be done by a gas inspector while not holding a current licence as a gas inspector; or
fb: Knowingly employs or permits or pays any person to do any work authorised by or under this Act to be done by a gas inspector when that work is done contrary to the provisions of this Act; or
g: Subject to section 38
h: Knowingly employs or permits or pays any person to do any sanitary plumbing or gasfitting or drainlaying contrary to the provisions of this Act; or
i: Allows his certificate of registration, licence, or limited certificate to be used by any other person.
2: No person shall be convicted of an offence against paragraph (c) paragraph (h)
3: No person shall be convicted of an offence against paragraph (d) paragraph (h)
4: No person, who, immediately before the commencement of this Act, was registered as a drainlayer under the Health Act 1956 paragraph (a) paragraph (g) 1964 No 132 s 34 Subsection (1) amended 21 October 1999 9 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 by substituting the expression $10,000 $500 Subsection (1)(a) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or not being a gas inspector, amended by inserting the words or a gas inspector, Subsection (1)(c) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the expression 56A 56 Subsection (1)(d) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by substituting the expression sections 39A and 57 section 57 Subsection (1)(e) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the expression 56A 56 Subsection (1)(f) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by inserting the expression , 39A, Subsection (1)(fa) (fb) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
50A: Offence to contravene condition of employer licence
Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who, being the holder of an employer licence, acts in contravention of, or fails to comply with, any condition of the licence. Section 50A inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
51: Onus of proof
1: In a prosecution for an offence against this Act, the onus shall be on the defendant to prove, where the facts are in issue, that he is or at all material times was, a registered person or a tradesperson
2: The production by the defendant of a certificate or licence issued in accordance with this Act under the hand of the Registrar or (in the case of an employer licence) under the hand of the Secretary
3: In a prosecution for an offence against this Act, a certificate purporting to be under the hand of the Registrar to the effect that a person is not registered, or is not the holder of a licence or of a limited certificate under this Act, or to the effect that that person's registration is suspended or is not in force, either generally or in relation to any particular register, or particular class of licence or limited certificate , or to the effect that a person is disqualified from doing gasfitting by virtue of an order made under section 42(2A)(c) section 42(2A)(d)
4: In a prosecution for an offence against this Act, a certificate purporting to be under the hand of the Secretary to the effect that a person is not the holder of an employer licence shall, in the absence of proof to the contrary, be sufficient evidence of the fact stated in the certificate. 1964 No 132 s 35 Subsection (1) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or a tradesperson Subsection (2) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or (in the case... Secretary Subsection (3) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words , or to the effect... 42(2A)(d) of this Act, Subsection (4) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
52: Time for laying information
Notwithstanding section 14 Summary Proceedings Act 1957 1964 No 132 s 36
6: Provisions relating to exemptions
53: Exemption in respect of fixing of water heaters by gasfitters
1: Notwithstanding anything in this Act, a craftsman gasfitter or registered gasfitter who holds a current licence and who satisfies the Board, by examination or otherwise, that he is competent to perform the work of fixing or unfixing a gas water heater, or any pipe that supplies or is intended to be a means of supplying water to such heater or hot water from such a heater to any fitting or appliance, whether or not any fitting or appliance is there when the work is done, may, subject to the provisions of any other enactment, perform that work, but only, in the case of a registered gasfitter, in circumstances in which a registered plumber is authorised by this Act to perform that work.
2: Notwithstanding anything in this Act, a holder of a limited certificate to do gasfitting may, subject to paragraph (a) paragraph (b) subsection (1) 1964 No 132 s 37
54: Exemption for householders
1: Notwithstanding anything in any bylaw requiring sanitary plumbing to be done only by specified persons or classes of persons, and notwithstanding anything in this Act, the owner of any premises situated in a place to which this subsection applies and occupied by him as a residence or intended residence for himself, or for himself and members of his family, may, subject to the provisions of any other enactment, personally do any sanitary plumbing in those premises, with or without the assistance of any member of his family living with him, but without the assistance of any other person.
2: For the purposes of subsection (1) owner
3: Subsection (1) Gazette
4: Neither the operation of subsection (1) section 56
5:
6: 1964 No 132 s 38 Subsection (3) substituted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Subsection (4) substituted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Subsections (5) (6) repealed 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
55: Exemption of areas in rural districts
1: Notwithstanding any of the other provisions of this Act, the Minister may from time to time, by notice in the Gazette
2: Notwithstanding any of the other provisions of this Act, but subject to any other enactment, a person may do any sanitary plumbing in any area in respect of which a notice given under subsection (1)
3: The Minister may at any time vary or revoke any notice issued under subsection (1)
4: The Minister shall not issue any notice under subsection (1) subsection (3)
5: Neither the variation or revocation of a notice under this section, nor anything in section 56 1964 No 132 s 39 Subsection (4) amended 1 July 2003 262 Local Government Act 2002 by omitting the words county council or other See sections 273 to 314
56: Provisions relating to alteration of boundaries of local authority districts
1: Where the whole or any part of the district of any local authority in which subsection (1) subsection (1)
a: The said subsection or, as the case may require, each of the said subsections is in force in the district of the last-mentioned local authority; or
b: the Order in Council giving effect to the relevant reorganisation scheme under the Local Government Act 2002 section 54(1) 55(1)
2: If the whole or any part of the district of a local authority is included within the district of any other local authority to which section 54(1) 55(1) Local Government Act 2002 section 54(1) 55(1) Subsection (1)(b) substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Subsection (2) substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314
56A: Exemption in respect of sanitary plumbing
Notwithstanding anything in this Act, but subject to any regulations made under this Act and to the provisions of any other enactment, any person who satisfies the Board, whether by examination or otherwise, that he is competent to install and maintain particular sanitary plumbing equipment or sanitary plumbing equipment of a particular kind may, either personally or by some other person acting under his direct personal supervision,—
a: Install and maintain in any industrial or commercial premises the equipment or equipment of a kind specified in writing by the Board as equipment of a kind that may be installed and maintained by him; and
b: Fix or unfix pipes for the purposes of such installation and maintenance. Section 56A inserted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
57: Exemptions in respect of gasfitting
1: Notwithstanding anything in this Act, but subject to any regulations made under this Act and to the provisions of any other enactment, the Board, on being satisfied that any person (whether by examination or otherwise) is—
a: Competent to install and maintain particular fittings or gas appliances, or fittings or gas appliances of a particular kind; or
b: Competent to supervise persons doing particular gasfitting, to test and certify particular work, and to connect the work to a supply of gas, in accordance with subsection (5) may, as the case may be, authorise any person to—
c: Either personally or by some other person acting under his or her direct personal supervision—
i: Install and maintain any fittings or gas appliances to which paragraph (a)
ii: Carry out any other gasfitting for the purposes of paragraph (a)
d: Supervise, test and certify, and connect particular work, in accordance with subsection (5) and may place time limits on the authorisation, impose any other reasonable conditions on the authorisation, and revoke the authorisation if such other conditions are not complied with.
2: Notwithstanding anything in this Act, any person (being a person who is engaged in any profession, trade, or calling specified in that behalf in regulations made under section 66
a: The work done by that person is within the limits prescribed by regulations made under section 66
b: The work is carried out in accordance with the requirements of any regulations made under section 54 Gas Act 1992
c: The work is carried out in a competent manner.
3: Nothing in this Act shall apply in respect of any person doing gasfitting on any industrial premises that have a design capacity for energy consumption by gas-fired installations of more than 60,000 megajoules per hour, if the person in charge of the industrial plant on those premises has been approved for the purposes of this subsection by the Secretary.
4: Notwithstanding anything in this Act, if any pipe conveying or intended to convey gas is installed underground from the outlet connection of a gas meter to any premises, any person may, with the prior approval of any gas operator (within the meaning of the Gas Act 1992
5: Notwithstanding anything in this Act, but subject to any regulations made under this Act, any person may do any gasfitting if—
a: The work done by that person is carried out under the supervision of a craftsman gasfitter or a person authorised under subsection (1)(d)
b: While that work is done, no pipe or appliance in respect of which that gasfitting is done is connected to any supply of gas; and
c: The work is—
i: Tested and certified in accordance with regulations made under section 54 Gas Act 1992
ii: Connected to a supply of gas— by a craftsman gasfitter or a person authorised under subsection (1)(d)
6: In subsection (5) supervision or a person authorised under subsection (1)(d) Subsection (2) substituted (2A) inserted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Section 57 substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1) substituted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Subsection (5)(a) amended 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 by inserting the words or a person authorised under subsection (1)(d) of this section Subsection (5) amended 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 by inserting words or a person authorised under subsection (1)(d) of this section Subsection (6) amended 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 by inserting the words or a person authorised authorised under subsection (1)(d) of this section
7: Appeals to
The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979 The PART 7 amended 15 August 1991 3(4) Judicature Amendment Act 1991 by omitting the words Administrative Division of
58: Matters on which appeals lie
1: A person who is dissatisfied with a decision or order of the Board—
a: Refusing an application by him for registration; or
b: Refusing an application by him for a limited certificate; or
c: Refusing to restore his name to a register under Part 2
d: Amending or refusing to amend the particulars of his registration; or
da: Under section 36C
e: Ordering that his name be removed from a register, or that his registration be suspended; or
ea: Under section 42(2A)
f: Imposing a fine on him; or
g: Censuring him; or
h: Requiring him to pay any costs of or incidental to any inquiry; or
i: Refusing to consider an application for the restoration of his name to a register under section 42 may, within 28 days after notice of the decision or order has been communicated to him by the Registrar of the Board, appeal to the High Court
2: Any person who is dissatisfied with the whole or any part of—
a: Any decision of the Registrar under section 36D
b: Any decision of the Secretary under section 39A 39B 39C 39D may, within 28 days after notice of the decision has been communicated to that person, appeal to the High Court against the decision. 1964 No 132 s 29 Subsection (1)(da) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1)(ea) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (2) repealed 15 August 1991 3(4) Judicature Amendment Act 1991 Subsection (2) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979
59: Decisions of Court in respect of appeals under this Part
1: The Court may, on hearing an appeal under this Part of this Act, confirm, reverse, or modify the decision, direction, or order of the Board or, as the case may require, the Registrar or the Secretary, or may give any decision, or make any direction or order, that the Board or, as the case may require, the Registrar or the Secretary could have given or made in respect of the matter.
2: Nothing in this section shall empower the Court to review any part of the decision, direction, or order of the Board or the Registrar or the Secretary
3: The decision of the Court in any such appeal shall be final. Subsection (1) substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (2) amended 1 April 1993 19(2) by substituting the words decision, direction... the Secretary Board's decision Subsection (3) inserted 15 August 1991 3(4) Judicature Amendment Act 1991
60: Procedure on appeal
Subject to this part of this Act, the procedure in respect of an appeal shall be in accordance with the rules of the Court.
61: Decision of committee of Board deemed to be decision of Board
For the purposes of this Part of this Act, a decision of a committee of the Board appointed to exercise on behalf of the Board any function or power conferred on the Board under Part 2 or section 36C Section 61 amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the expression or section 36C
8: Miscellaneous provisions
62: Exclusion of liability
1: Neither the Board, nor any committee appointed by the Board, nor an investigator appointed under section 40 section 44
a: Any act done or omitted to be done in the course of the exercise or intended exercise of any of their functions, duties, or powers under this Act; or
b: Any words spoken or written at, or for the purposes of, the hearing of any inquiry or other proceedings under this Act; or
c: Anything contained in any notice given under this Act.
2: Subsection (1)
3: Subsection (1) section 5(2) 13 Section 62 substituted 21 October 1999 10 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
63: Application of Act in relation to local authorities
1: Every local authority shall enforce within its district the provisions of this Act relating to plumbing and drainlaying that require enforcement.
2:
3: No craftsman plumber or registered plumber or craftsman gasfitter or registered gasfitter or registered drainlayer or holder of a limited certificate shall be required under any bylaw made by a local authority to pass any examination or to obtain any licence or to pay any licence fee in order to practice the trade of sanitary plumbing or gasfitting or drainlaying, as the case may require.
4: In relation to sanitary plumbing, the expression local authority subsection (1) subsections (2) (3)
5: In relation to drainlaying, the expression local authority subsections (1) to (3)
6: 1964 No 132 s 41 Subsection (2) repealed 1 July 1992 Building Act 1991 Subsection (6) repealed 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
64: Reciprocity
The Board may from time to time make arrangements with the appropriate authorities controlling the registration or recognition of drainlayers, gasfitters, or plumbers elsewhere than in New Zealand for the reciprocal recognition of registration, certificates, or other evidence of proficiency in drainlaying, gasfitting, or sanitary plumbing. 1964 No 132 s 42 1967 No 22 s 6
65: Extension of application of Act
The Governor-General may from time to time by Order in Council specify any description of work relating to the supply of gas (not being gasfitting within the meaning of this Act), or any description of plumbing work (not being sanitary plumbing within the meaning of this Act), and may by the order direct that, subject to such exceptions and modifications as may be specified in the order, such provisions of this Act as may be so specified (including provisions relating to offences or penalties) shall have effect in relation to work of either of those descriptions as they have effect in relation to gasfitting or sanitary plumbing; and, as from a date to be specified in the order, the provisions of this Act shall apply accordingly.
66: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: Prescribing the form of and the method of keeping the registers:
b: Prescribing the forms required for the purposes of this Act, or providing for the Board to prescribe those forms:
c: Providing that limited certificates shall be renewable at such intervals or on or before such dates as may be prescribed, and providing for the lapsing of such certificates if not so renewed:
d:
e: Prescribing examinations for the purposes of this Act, the bodies or persons by whom any such examinations are to be conducted, the conduct of any such examinations, and the fees payable in respect of any such examinations:
f: Prescribing the nature and duration of any training or experience necessary for the purpose of obtaining registration under this Act, and relating any period so prescribed to the time of undertaking any examination for such purpose:
fa: Prescribing, for the purposes of section 39A(1)(a)
fb: Prescribing the limits or scope of work which any person to whom section 57(2)
fc: Prescribing, for the purposes of section 57(2)
g: Restricting and regulating the performance of particular kinds of sanitary plumbing, gasfitting, or drainlaying, whether by reference to the nature of the work or by reference to the kind of premises, operations, equipment, materials, or substances involved, or otherwise, and prohibiting or restricting persons (whether or not they are registered persons), or any specified class of persons, or persons not possessing specified qualifications or not belonging to a specified class, from performing any such specified kinds of work, and providing for the issue of licences to do any such work, and prescribing fees in respect of such licences:
h: Regulating the procedure of the Board:
i:
j: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Any regulation made under subsection (1)
3: Nothing in subsection (1) sections 21 to 25
4: Notwithstanding section 1(2) subsection (1) section 12 of the Acts Interpretation Act 1924 1964 No 132 s 43 Subsection (1)(d) substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1)(d) repealed 21 October 1999 11 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Subsection (1)(fa) (fb) (fc) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1)(i) repealed 21 October 1999 11 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
67: Transitional
1: Until the Board appoints a Registrar under section 13 Ministry of Health Ministry of Health Plumbers and Gasfitters Registration Act 1964 State Sector Act 1988
2: Any person referred to in subsection (1)
3: At the end of any financial year in which the Board has made use of accommodation provided by the Crown, or of the services of persons in the Public Service, the Board shall pay to the Crown such sum in respect of that year as the Minister considers to be reasonable. Any such sum shall be recoverable by the Crown as a debt due by the Board.
4: For the purpose of applying the provisions of this Act during the period commencing with the 1st day of April 1977 and ending with the appointment of the first Chairman of the Board under section 7 Ministry of Health
5: All money standing to the credit of the bank account established under section 30 of the Plumbers and Gasfitters Registration Act 1964
6: All the contracts, debts, and liabilities of the Plumbers and Gasfitters Board existing immediately before the commencement of this Act shall on the commencement of this Act become the contracts, debts, and liabilities of the Board.
68: Repeals, revocations, and saving
1: The Plumbers and Gasfitters Registration Act 1964 Plumbers and Gasfitters Registration Amendment Act 1967
2: The Health Act 1956 section 120(1)(a)
3: The Health (Drainlayers' Registration) Regulations 1948 Health (Drainlayers' Registration) Regulations 1948, Amendment No 1 Health (Drainlayers' Registration) Regulations 1948, Amendment No 3
4: Notwithstanding the revocation of the Health (Drainlayers' Registration) Regulations 1948 subsection (3)
a: Regulations 6 to 9 of those regulations
b: Subject to section 27 regulation 9 section 25 paragraph (b)
5: Every reference in any Act, Order in Council, Proclamation, notice, regulations, rules, agreement, deed, instrument or document whatsoever to the Plumbers and Gasfitters Board shall, unless the context otherwise requires, after the commencement of this Act be read as a reference to the Plumbers, Gasfitters, and Drainlayers Board.