Part 1
How to become licensed
Minimum standard of competence for licences
4 Minimum standard of competence for each class of licence
(1) The minimum standard of competence for a class of licence is meeting all of the competencies set out for that class of licence in Schedule 1.
(2) In determining whether a person meets a competency, regard must be had to the extent to which the person meets the performance indicators set out for that competency in Schedule 1.
Application for licence
5 Classes of licence that can be applied for
A person may apply to the Registrar for 1 or more classes of licence.
6 How to apply for a class or classes of licence
(1) To apply for a class or classes of licence, a person must make an application to the Registrar.
(2) The application must-
(a) be made in a form approved by the Registrar from time to time; and
(b) contain or be accompanied by-
(i) all of the information and evidence set out in rule 7; and
(ii) a statement signed by the applicant to the effect that all of the information in the application and accompanying documents is true and correct; and
(iii) the prescribed fees.
7 Information that must be provided for a licence application
(1) An applicant must provide the following information and evidence in or with an application-
(a) the full name of the applicant (including any aliases); and
(b) the applicant's date of birth; and
(c) the applicant's current residential address and address for communication under the Act (if different from the residential address); and
(d) the applicant's contact details including phone numbers, fax numbers, and email and website addresses; and
(e) the name of any company or body corporate that is associated with the applicant including relevant contact details; and
(f) 2 recent passport-sized photographs of the applicant verified on the back of the photograph as the true likeness of the applicant by a person who-
(i) has known the applicant for at least 12 months or more; and
(ii) is not related or part of the family group or living at the same address, as the applicant; and
(g) a certified copy of the applicant's current passport, drivers licence or birth certificate; and
(h) proof of regulatory environment knowledge to the satisfaction of the Registrar; and
(i) a chronological summary of the applicant's relevant work history; and
(j) a record of recent work linking to the competencies required for the licence class applied for (including the name and contact details of the client(s) the work was completed for; and
(k) the contact details of 2 referees who can attest to the applicant's work record; and
(l) a statement confirming whether the applicant is currently or has previously been registered or licensed or otherwise recognised under any other enactment (including in an overseas jurisdiction) in respect of any substantially equivalent occupation, and if so, confirming whether:
(i) the applicant's registration, licence or other recognition has been suspended or cancelled in respect of a disciplinary matter at any time within the last five years;
(ii) the applicant is the subject of any preliminary investigations or action that might lead to disciplinary proceedings in relation to that registration, licence or recognition.
(m) evidence of the following (if applicable)-
(i) a certified copy of the applicant's academic, trade, technical and other relevant qualifications; and
(ii) a record of relevant recent learning activities attended; and
(iii) proof of membership of any relevant industry organisation.
(2) Applicants with overseas qualifications must provide a NZQA Qualifications Assessment Report confirming the level of the qualification on the New Zealand Register of Quality Assured Qualifications for that qualification.
(3) Certified copies must be stamped or endorsed as being true copies of the original by a person authorised by law to take statutory declarations in New Zealand.
8 Additional information and information missing from application
(1) The Registrar may request an applicant to provide any information or evidence that was missing from the applicant's application, and any other information or evidence that the Registrar considers relevant in order to demonstrate that the applicant meets the minimum standard of competence.
(2) The Registrar must give the applicant 20 working days (or such further time as the Registrar may allow upon request) from the date of notification to provide the requested information or evidence.
(3) An application lapses if additional information or evidence is requested under subclause (1) and is not received by the Registrar within the time period given under subclause (2).
Way in which application for licence must be evaluated and decisions made and implemented
9 Registrar must evaluate each application
(1) The Registrar must evaluate each application for a licence by assessing whether the applicant:
(a) meets the applicable minimum standard for the class or classes of licence applied for; and
(b) has been precluded from holding a licence because of any action taken by the Board under section 318 of the Act; and
(c) has had his or her registration, licence or other recognition under another enactment (including overseas jurisdictions) in respect of any substantially equivalent occupation suspended or cancelled in respect of a disciplinary matter at any time within the last 5 years.
(2) The Registrar need not undertake any further assessment if satisfied that an application should be declined under subclause (1)(b) or (c).
10 Assessor to assess minimum standard of competence for Registrar
(1) The Registrar must appoint an assessor to assess whether an applicant meets the minimum standard of competence for each class of licence applied for.
(2) An assessor must-
(a) be a licensed building practitioner; or
(b) have experience and/or qualifications relevant to the licence class(es) he or she is appointed to assess; and
(c) meet the Registrar's criteria for appointment as an assessor for the relevant licence class(es).
(3) The Registrar may, at any time, replace an assessor with another assessor.
(4) This rule is subject to section 312 of the Act and does not limit the Registrar's power to perform any of his or her functions, duties or powers him or herself.
11 Way in which minimum standard must be assessed
(1) An assessor must assess whether an applicant meets the minimum standard of competence using methods prescribed by the Registrar, in the following way-
(a) carry out an evaluation of the information provided in or with the application; and
(b) if the assessor thinks it necessary, carry out an interactive assessment with the applicant.
(2) A different assessor may be appointed by the Registrar to carry out either the evaluation of information or the interactive assessment.
(3) The assessor completing the evaluation or the interactive assessment required by subclause (1) must make a recommendation to the Registrar as to whether the applicant meets the minimum standard of competence for each class of licence applied for.
(4) Where an applicant has applied for a particular Design licence class or Site licence class but in the assessor's opinion meets the standard of a different licence class, the assessor may recommend to the Registrar that the applicant meets the standard of that different licence class.
12 Registrar must make decision on application
(1) The Registrar must decide in accordance with section 286 of the Act whether an applicant is entitled to be licensed as a licensed building practitioner and for what licence class(es).
(2) The Registrar's decision under subclause (1) must be made after taking into consideration-
(a) the assessor's recommendation under rule 11 (if available); and
(b) any information relevant to section 286 of the Act.
13 Registrar must notify applicant and implement decision
(1) The Registrar must notify the applicant of the decision made under rule 12.
(2) If the Registrar is satisfied that the applicant is entitled to be licensed, the Registrar must-
(a) enter the applicant's name in the register; and
(b) issue him or her with a licence number; and
(c) issue him or her with a licence identification card in accordance with Part 5; and
(d) without limiting section 292 of the Act, inform the applicant when his or her next assessment date for current competence falls due; and
(e) return to the applicant any part of the prescribed fees for which a refund applies (if not already refunded).
(3) If the Registrar is not satisfied that the applicant is entitled to be licensed, the Registrar must-
(a) notify the applicant of the reasons for the decision; and
(b) notify the applicant of his or her right of appeal against the decision to the Board under section 330 of the Act; and
(c) inform the applicant that he or she may reapply for a licence at any time when he or she believes he or she has met the minimum standard of competence (if appropriate); and
(d) return to the applicant any part of the prescribed fees paid for which a refund applies (if not already refunded).