Good morning Melanie, Max and Kern
I have put together a summary of the matters that we have corresponded and spoken about. I have one request of the Board pertaining to the matters.
REQUEST OF THE BOARD:
Max, CEO and Registrar, can you please make this email an agenda item as a presentation of the facts for the full Boards consideration at the Boards 26th of July meeting 2011.
The request of the Board is that now that you "are aware" of the contents of this correspondence and requirements of the 2006 Act, that you "forthwith cancel" the current CPD /CBL regime
imposed upon tradesmen as a "condition" of a license renewal.
This is the LINK to the 2006 ACT:
http://www.legislation.govt.nz/act/public/2006/0074/latest/DLM397111.htmlThe sequence of compliance imposed upon the Board through the Plumbers Gasfitters and Drainlayers Act 2006 "if" requiring a competence program, as a condition of a license renewal
upon a Certifying Tradesman is as follows:-
SECTION 50:-
An application for a license renewal begins with section 50 which in turn refers the application for renewal to section Section 51.
Section 51.
Following is section 51 (5). This in turn refers to section 30.
Section 30.
Relevant is section 30 (1) (e) and within section 30 (1) (e) is (iii) relating to license renewal of which a Certifying Tradesmen is one of the registration classes. The Board's power under section 30(1)(e) is limited to, and must adhere to the guiding principles under section 32.
Section 55 Competence programs also refers back to section 30 (1) (e) through section 55 (3) (c).
Notices formulated under section Section 30 are required to be Gazetted, however before that can proceed the contents of any such notice are subject to sections 32, 33, and 34.
For the Board to impose "any" competence program upon the "Normal" License renewal of Certifying Tradesman, the Board must MEET THE FOLLOWING CONDITIONS imposed upon "the Board" by the Government of New Zealand through the Plumbers Gasfitters and Drainlayers Act 2006.
(1) (i) For a Certifying Plumber, the matters of any program must be specific to section 6 (1) (a) to (d)
(ii) For a Certifying Gasfitter the matters of any program must be specific to section 5 (1) (a) to (b)
(iii) For a Certifying Drainlayer the matters of any program must be specific to section 4 drainlaying (a) to (d).
(2) The Board is bound by section 32 (a):- "the matters must be necessary" the onus is upon the Board to show a "demonstrated need" that a program is "necessary".
(3) The matters are limited to section 32 (a) (i) (ii) and (iii) which must be contained within the scope of section 6, 5 and 4 respectively as defined above in (1) (i) (ii) and (iii).
(4) Matters guiding the Board under section 32 (a) (i) (ii) and (iii) are also guided by section 32 (b) and (c).
(5) Section 32 (b) is informed by section 6, 5 and 4 respectively as defined above in (1) (i) (ii) and (iii).
(6) NO program may contain a requirement, term, condition or competence on or of "any matters" for which that person has attained registration as a Certifying Tradesman applying for a license renewal under section 30 (1) (e) (iii) of the Act, unless the Board can show an "unexpected" demonstrated need.
(7) No matters may be repetition of the matters for which a Certifying Tradesman is already qualified, as the Board would be in breach of section 32 (a) (ii) and (iii) and (b).
(
The Board is required to consult on the contents of any notice that may imposes any program upon a license renewal of a Certifying Tradesman providing that first the contents of any such notice meet the requirements defined as above from (1) to (7).
(9) To comply with the Act any program must be mandatory established upon a demonstrated need, therefore optional choice programs do not comply with the Act.
(10) These matters are subject to considerations of sections 33 and 34 which is subject to awareness of, and adhere to (1) to (9) above.
OVERVIEW
The Board's power under section 30(1)(e) must adhere to the guiding principles under section 32.
The Act does provide for a competence program as conferred by legislation to be prescribed under the guiding principals in section 32.
Relevant in particular, section (a) (iii) that it must be "necessary" to promote the competency of ones skills as a plumber, gasfitter or drainlayer.
Section 32(b) and (c) add to the requirement under section 32 (a) that that any program requestment must be:-
Necessary to promote the competency AND "may not unnessarily restrict" the registration AND "may not" impose undue costs on plumbers, gasfitters and drainlayers.
The legislature uses the word "may" instead of "must" under section 32 (b) and (c). This means that, in some instances, in order to ensure the safety (section 30(a)(i)), or to prevent damage (section 30(a)(ii)), or promote competency (section 30(a)(iii) there may be some undue costs or restriction to registration to the person in practice. However a Board and Industry working as a team would find a method to arrive at little or "no costs" and restrictions.
Section 32 should be construed, to mean that the factors that must be taken into consideration outweights the matters in section 32(b) and (c) if there is conflict between
section 32(a) and section 32(b) section 32(c). However a Board and Industry working together would resolve any issues with out conflict and in mutual understanding for the benefit of all.
The current imposed requirements of the Board upon a Certifying Tradesman to obtain points from so called technical and non technical courses or sales rep talks, on a choose as you like basis out of a selection of 450 courses for a license renewal is illegal and is in a clear and obvious breach of the Plumbers Gasfitters and Drainlayers Act 2006. For every hour that the Board promotes and allows the current system imposed to remain, continues the unworkable relationship between the Board and the Industry. It is a unnecessary waste of money and time upon all tradesmen who may not wish to involve themselves in this regime. The Board is failing to step up to the mark in compliance with section 137 (k) of the Act and provide a program from time to time that promotes the recognised existing "on going" competence of Tradesmen. We have been waiting since 2006 for the Board to understand.
Please Comply with the very Act that you are charged to administer and cancel your so called CPD / CBL regime forthwith, IT DOES NOT COMPLY your regime is unacceptable.
Kind regards
Allan
Allan Day
205A Tiro Tiro Road
Levin 5510
Certifying Plumber / Drainlayer
06-3687960
please feel free to email me or allan
Linkback: https://www.plumbers.nz/pgdb-new-zealand-plumbing-gasfitting-and-drainlaying-board/30/board-caught-with-pants-down/742/
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