Annual Report 2007/08: Sector governance
The Department administers a number of Acts and Regulations under which statutory entities are appointed.
The Department provides support to responsible Ministers by monitoring and reporting on the performance of statutory bodies and boards charged with providing building and housing related services and functions. The Department's role includes: providing advice on delivering the Government's social housing policies through Housing New Zealand Corporation; evaluating the delivery of the Government's social housing policies through Housing New Zealand Corporation; and advice on appointments and the performance of other building and housing entities such as occupational licensing boards.
The Department also provides support to the statutory bodies and boards by providing some induction guidance, registrar functions and other administrative services. The boards/entities that are supported by the Department are listed below together with the legislation under which the board/entity is established.
Crown entity
- Housing New Zealand Corporation (Housing Corporation Act 1974, Crown Entities Act 2004)
Tribunals and other statutory bodies
- State Housing Appeal Authority (Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000)
- Tenancy Tribunal (Residential Tenancies Act 1986)
- Weathertight Homes Resolution Service (adjudicators and mediators) (Weathertight Homes Resolution Services Act 2006).
The Department works closely with the Ministry of Justice in administering the Tenancy Tribunal and Weathertight Homes Resolution Service.
Occupational licensing boards
- Building Practitioners Board (Building Act 2004)
- Electrical Workers Registration Board and the Complaints Assessment Committee (Electricity Act 1992)
- Engineering Associates Registration Board and the Engineering Associates Investigation Committee (Engineering Associates Act 1961)
- New Zealand Registered Architects Board (Registered Architects Act 2005)
- Chartered Professional Engineers Council (Chartered Professional Engineers of New Zealand Act 2002).
- Building Advisory Panel (Building Act 2004).
The Department provides additional administrative and/or operational support to the following boards and entities.
State Housing Appeal Authority
The State Housing Appeal Authority was established under provisions of the Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000. The State Housing Appeal Authority consists of a Principal Member, Deputy Principal Member, and members, (the number of members is not specified in the Regulations).
The Principal Member and Deputy Principal Member are appointed by the Governor-General on the joint recommendation of the Minister of Housing and the Minister of Justice.
The purpose of the State Housing Appeal Authority is to sit as a judicial body to determine appeals from applications relating to decisions made by Housing New Zealand Corporation (HNZC) on:
- the assessment of income-related rents
- applicants' eligibility for HNZC housing
- applicants' assessed need for HNZC housing.
A panel is convened of either the Principal Member or Deputy Principal Member and two other members. In accordance with the Housing Restructuring and Tenancy Matters Act 1992, the State Housing Appeal Authority (in determining an appeal) has all the powers, duties, functions and discretions HNZC has in relation to the matter concerned and may confirm, modify or reverse the decision or determination; or refer all or any part of the matter back to HNZC for further consideration, together with any directions it thinks just relating to the reconsideration and a written statement of its reasons for doing so.
There are currently seven members on the Authority, including the Principal Member and the Deputy Principal Member.
The members are:
- Kay McKelvie, Principal Member
- Alister James, Deputy Principal Member
- Dean Hyde
- Conrad Jackson
- June Kearney
- Jeannette MacKenzie
- Geoff Tucker.
The Department employs the Registrar for the Authority. The Registrar receives the appeal applications and makes arrangements for hearings to be conducted by panel members.
Building Practitioners Board
The Building Practitioners Board comprises six to eight members who are appointed by the Governor-General on the recommendation of the Minister for Building and Construction under section 344 of the Building Act 2004.
The Minister may accept nominations for membership of the Board, but each member is appointed to undertake the functions and duties of a member, rather than to represent the interests of any person. One member of the Board must be a barrister or solicitor of at least five years' standing.
The functions of the Building Practitioners Board are to:
- approve rules relating to licensed building practitioners that are prepared in accordance with the Act
- receive, investigate, and hear complaints about, and to inquire into the conduct of, and discipline of, licensed building practitioners in accordance with the Act
- hear appeals against certain decisions of the Registrar in accordance with the Act
- review and report to the Minister on the performance of the functions and duties, and the exercise of the powers, of the Board under the Act.
The members of the Building Practitioners Board are:
- Alan Bickers (Chairperson)
- Paul Blackler (Deputy Chairperson)
- David Clark
- Jane Cuming
- Patrick Lawrence
- Graham Moor
- David O'Connell
- Colin Orchiston.
Electrical Workers Registration Board
The Electrical Workers Registration Board comprises seven members, all of whom are appointed by the Minister for Building and Construction under the Electricity Act 1992, for a term of up to three years. Members can be reappointed. Five members must be registered or entitled to be registered, and two lay persons must not be registered or entitled to be registered.
The functions of the Electrical Workers Registration Board are to:
- register and license the four classes of registration under the Electricity Act 1992 (electrician, electrical inspector, electrical service technician and line mechanic)
- ensure registered persons maintain an adequate level of competency
- exercise disciplinary powers according to the Act and initiate prosecutions for contravention of the Act in cases where the Board considers appropriate.
Complaints Assessment Committees are convened to hear complaints. Complaints Assessment Committees are appointed from a list of members who have been approved by the Minister. Members may be appointed for a term of up to five years.
The members of the Electrical Workers Registration Board are:
- Donald Pryde (Presiding Member)
- Samuel Ponga (Deputy Presiding Member)
- Edwin Eeles
- Bernardine Hannan
- Tom Leong
- Penelope Mudford
- Stephen Albrecht.
Two new appointments were made in 2007 to replace Deborah Rundle who had previously resigned and Murray Willis who decided not to seek reappointment. Penelope Mudford and Paul Guy were appointed on 3 September 2007. Donald Pryde was elected as Presiding Member of the Board to replace Murray Willis. On 12 May 2008, Stephen Albrecht was appointed to replace Paul Guy who had resigned.
The Registrar is employed by the Department to support the Board in carrying out their functions, and to process licensing applications. The Registrar of the Board is John Sickels.
Building Advisory Panel
The Building Act 2004 provides that the Chief Executive of the Department of Building and Housing appoint a Building Advisory Panel that consists of experts in the building sector.
The Panel provides independent, specialist advice to the Chief Executive on trends in building design, quality and performance, building technology, sustainability, urban planning and consumer issues.
The members of the Building Advisory Panel are:
- Don Hunn (Chairperson)
- Professor Andy Buchanan
- Mike Fox
- John Jarvis
- Ann Magee
- Richard Michael
- Gordon Moller
- Peter Neilson
- Peter Neven
- David Russell
- George Skimming
- Adam Thornton.
The Panel met twice during 2007/08.
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