Hi Kiwigas
Read your post and agree with you. Would you like some additional reading.
Kind regards
Allan
Begin forwarded message:
From: Allan Day <allan-day@xtra.co.nz>
Date: 21 October 2009 10:28:03 AM
To: nathan.guy@national.org.nz, "Tim Donoghue (DPT)" <Tim.Donoghue@dompost.co.nz>, "R Hide (MIN)" <R.Hide@ministers.govt.nz>, National Horowhenua <national.horowhenua@xtra.co.nz>, maurice.williamson@national.org.nz
Subject: Page A9 Dompost today.
Fellow Tradesmen
Please Click on the TWO links
Is this the so called Consumer Board that states that tradesmen must display competency to them at our expense each year?
We as tradesmen display competency, and are answerable every working day to ourselves and our clients.
This article reads that "The Board" systems are incompetent.
Tradesmen do not support incompetence, are you still paying a License Fee to fund this Consumer Board? many are not.
What goods and services did, or will you receive for your money paid?
Feel free to forward this to other tradesmen, your views are welcome.
Kind regards
Allan Day
Craftsman Plumber
Registered Drainlayer
http://www.stuff.co.nz/national/2984117/Plumbers-board-boss-suspended-for-inquiry Begin forwarded message:
From: Allan Day <allan-day@xtra.co.nz>
Date: 2 October 2009 3:55:31 PM
To: registrar@pgdb.co.nz, Tereska <tereska@pgdb.co.nz>, legal@hazelarmstronglaw.co.nz
Subject: Consultation and requirement of the Act.
Hi Paul
Thank you for your time, may I request that you forward this email to every member of our Board. I look forward to your reply in due course pertaining to the matters.
Kind regards
Allan Day
Plumbers Gasfitters and Drainlayers Act 2006
Section 33 of the Act requires that the board must consult before publishing a notice under section 28 or 30 (1) (a) to (e).
Consultation is a matter of case law in New Zealand
Statements of the board in your submission document.
The board must determine from this consultation process the registration and licensing regimes it will implement. (page 2)
Within the same submission document the board makes the following statements.
(1) It is the boards intention to continue with a competency based licensing regime for gasfitters that has been in force since 1 April 2004. (page 25)
(2) The board is introducing competency based licensing for plumbers and drainlayers. (page 25)
(3) The board is introducing the credits/points system being used in the gasfitting model (excluding auditing) for plumbers and drainlayers. (page 25)
The board is not in compliance with the Act as it has made a "board" decision without consultation pertaining to matters under sections 28 & 30. By stating that the Board "is introducing" The board is required to consult under section 33. It is your documents that confirm that you are not in compliance with the Act, supported by case law, pertaining to competency based licensing and credit points..
(1) GASFITTERS: Your board intends to roll over a credit points system for gasfitters designed under the old Act into the new Act without consultation.
(2) PLUMBERS and DRAINLAYERS: Your board is introducing a credits/points system for plumbers and drainlayers based on a gasfitting model from the old Act without consultation.
The board, by asking for ideas and what programs the industry would want, has confused the submission document, attempted to conceal the fact that a decision has been made by the board without consultation and have attempted to bypass the roll of the Minister under section 34.
(A) Consultation is a matter of case law in New Zealand. This board, with its submission document does not reach the required level of compliance within the law.
(B) The decision of this 'board' to roll over a system from the incompetent 2004 board formulated under the old Act, brings into question yet again the performance of this 'board'.
In conclusion, and additional to the above, the credit/points system for gasfitters introduced under the old Act and decided upon by this board without consultation for the 2006 Act does not meet the requirements of section 32 of the 2006 Act relating to plumbers, gasfitters and drainlayers.
I look forward to your response.
Allan Day
Craftsman Plumber
Registered Drainlayer
06-3687960
Reference case law:
Wellington International Airport Limited and others v Air New Zealand [1993] 1 NZLR 671, at p. 675. Judgment of the Court of Appeal delivered by McKay J quoting McGechan J in the High Court in Air New Zealand and others v Wellington International Airport Limited and others, HC, Wellington, CP 403-91, Jan 6, 1992:
"Consultation must allow sufficient time, and a genuine effort must be made. It is a reality not a charade. The concept is grasped most clearly by an approach in principle. To "consult" is not merely to tell or present. Nor, at the other extreme is it to agree. Consultation does not necessarily involve negotiation toward an agreement, although the latter not uncommonly can follow, as the tendency in consultation is to seek at least consensus. Consultation is an intermediate situation involving meaningful discussion. Despite its somewhat impromptu nature I cannot improve on the attempt at description, which I made in West Coast United Council v Prebble, at p 405:
'Consultation involves the statement of a proposal not yet fully decided upon, listening to what others have to say, considering their responses and then deciding what will be done.'
Implicit in the concept is a requirement that the party consulted will be (or will be made) adequately informed so as to be able to make intelligent and useful responses. It is also implicit that the party obliged to consult, while quite entitled to have a working plan already in mind, must keep its mind open and be ready to change and even start afresh.
Beyond that, there are no universal requirements as to form. Any manner of oral or written interchange which allows adequate expression and consideration of views will suffice. Nor is there any universal requirement as to duration. In some situations adequate consultation could take place in one telephone call. In other contexts it might require years of formal meetings. Generalities are not helpful."
kiwigas.engineers@yahoo.com