The LBP appeals process
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Introduction
Building Practitioners Board (the Board) against a decision by the Registrar to:
- decline your application to become licensed, or
- suspend or cancel your licence.
You must complete a form outlining the reasons for the appeal and may choose to attend a hearing of the Board. The Board will inform you of its decision.
The Board may order you or the Registrar to pay all or some of the other party’s costs in respect of the appeal.
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Roles in the appeals process
Registrar:
The Registrar of Licensed Building Practitioners is responsible for the register of LBPs and for deciding whether a person meets the requirements for licensing.
Building Practitioners Board:
The Building Practitioners Board hears appeals about the Registrar’s licensing decisions.
Board Secretary:
The Board Secretary provides support to the Board.
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When and how to make an appeal
If the Registrar declines your application to become an LBP, or suspends or cancels your licence, you will receive a notification from the Registrar explaining the decision. You have 20 working days after being notified of the Registrar’s decision to make an appeal.
To make an appeal, fill out and post an Application for Appeal form within 20 working days of your notification (the Board may agree a time extension). Outline the reasons for your appeal, the outcome you are seeking, and provide supporting information. You also need to confirm whether you wish to attend the hearing.
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The appeal process
Once your appeal form and supporting information is received by the Board Secretary, you will be advised when a hearing will be held, and which members of the Board will be present. If you want to attend the hearing, it will usually be held in the main centre closest to where you live.
The Board will consider all the evidence presented at the hearing, and will advise you of its decision in writing.
The Board may confirm, reverse, or modify the original decision. It may also ask the Registrar to reconsider their decision.
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The appeal hearing
The Board will give you an opportunity to respond to the original decision, and to make your case. You may speak for yourself, or choose to be represented by a legal or other representative.
You can ask witnesses to give evidence, as long as you have sent a list of these witnesses to the Registrar at least five days before the hearing. At the hearing, the Board may question you, your representative, and any of your witnesses.
The Board can only consider matters you have appealed against; usually the reasons why your application was declined, or your licence suspended or cancelled. This means you should base your case around those reasons.
For further detail on how Board hearing proceeds, refer to the Appeals Procedures.
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Costs and expenses for the hearing
At the hearing, the Board will ask both parties if they wish to make a submission requesting the payment of costs. The Board may order you or the Registrar to pay all or some of the other party’s costs of the appeal hearing.
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Appeals heard to date
To read the Board’s written decision on a specific hearing, open the PDF under ‘Decision‘ below.
| Date appeal received |
Reason for appeal |
Licensing class |
Board decision |
Appellant number |
| 12 August 2011 |
Declined licence |
Carpentry |
Appeal declined [PDF 34 KB, 6 pages] |
A1022 |
| 20 June 2011 |
Declined licence |
Site (AOP 2) |
Appeal upheld [PDF 29 KB, 5 pages] |
A1020 |
| 25 July 2011 |
Declined licence |
Site (AOP 2) |
Reassessment [PDF 38 KB, 6 pages] |
A1019 |
| 18 July 2011 |
Declined licence |
Design (AOP 2) |
Appeal upheld [PDF 30 KB, 5 pages] |
A1017 |
| 10 June 2011 |
Declined licence |
Site (AOP 2) |
Appeal upheld [PDF 28 KB, 7 pages] |
A1015 |
| 31 May 2011 |
Suspended licence |
Carpentry
Site (AOP1) |
Appeal declined [PDF 450 KB, 5 pages] |
A1014 |
| 7 April 2011 |
Declined licence |
Site (AOP2) |
Appeal upheld [PDF 553 KB, 6 pages] |
A1011 |
| 21 March 2011 |
Declined licence |
Design (AOP3) |
Appeal declined [PDF 666 KB, 8 pages] |
A1010 |
| 21 February 2011 |
Declined licence |
Design (AOP3) |
Reassessment [PDF 877 KB, 10 pages] |
A1009 |
| 4 February 2011 |
Declined licence |
Carpentry |
Appeal upheld [PDF 653 KB, 8 pages] |
A1007 |
| 17 December 2008 |
Declined licence |
Design (AOP2) |
Appeal declined [PDF 27 KB, 7 pages] |
A1005 |
| 4 December 2008 |
Declined licence |
Design (AOP3) |
Appeal upheld [PDF 50 KB, 11 pages] |
A1004 |
| 4 December 2008 |
Declined licence |
Design (AOP2) |
Appeal declined [PDF 33 KB, 6 pages] |
A1003 |
| 20 October 2008 |
Declined licence |
Design (AOP1) |
Appeal declined [PDF 37 KB, 7 pages] |
A0002 |
| 10 June 2008 |
Declined licence |
Design (AOP1) |
Appeal declined [PDF 37 KB, 7 pages] |
A0001 |
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Appeals to the District Court
You can make an appeal to a District Court if you are unhappy with the Board’s decision regarding the Registrar and your application or licence.
Contact
For any queries or questions about appeals contact our free Helpline on 0800 60 60 50 or email info@dbh.govt.nz