Registered Architects Act 2005

1: Title
This Act is the Registered Architects Act 2005.
2: Commencement
1: Parts 3 4 Schedule
2: The rest of this Act comes into force on 1 July 2006.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to reform the law relating to the registration of registered architects and to protect the title of registered architect; and, to those ends, this Act—
a: establishes a registration system for registered architects, under which persons who wish to be registered architects must meet minimum standards to be, and continue to be, registered:
b: requires a code of ethics and a complaints and disciplinary process to apply to registered architects:
c: establishes a statutory body to carry out the functions relating to the registration system, the code of ethics, and the complaints and disciplinary process:
d: repeals the Architects Act 1963.
4: Interpretation
In this Act, unless the context otherwise requires,— applicable minimum standards for registration Architects Education and Registration Board Board section 47 decision
a: any action taken under section 26
b: an order disciplinary matter financial year section 66 member Minister registered section 10 registered architect section 6 rules section 67 section 69
5: Act binds the Crown
This Act binds the Crown.
2: Registration, complaints, and discipline
Title of registered architect and its protection
6: Title of registered architect
A person is a registered architect
a: is registered; and
b: holds a current certificate of registration.
7: Protection of titles registered architect and architect
1: No person, other than a registered architect, may use in connection with his or her business, trade, employment, calling, or profession—
a: the title registered architect
b: any words, initials, or abbreviations of that title that are intended to cause, or that may reasonably cause, any person to believe that the person using those words, initials, or abbreviations is a registered architect.
2: No person who designs buildings, prepares plans and specifications for buildings, or supervises the construction of buildings may use the title architect
3: Despite subsections (1) and (2), a person may use the title registered architect architect
4: A person who contravenes subsection (1) or subsection (2) commits an offence, and is liable on Section 7(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Registration provisions
8: Entitlement to registration as registered architect
An individual, on payment of the fee set by the Board, is entitled to be registered as a registered architect if the individual satisfies the Board—
a: that he or she meets the applicable minimum standards for registration; and
b: that he or she is not precluded from being registered because of any action taken by the Board under section 26
9: Applications for registration
Every application for registration as a registered architect under this Part must be made to the Board in accordance with the rules.
10: Board to register applicant or decline application
1: If the Board is satisfied that an applicant is entitled, under section 8
a: register the applicant; and
b: notify the applicant that he or she is registered; and
c: issue to the applicant a certificate of registration; and
d: enter the applicant’s name in the register.
2: If the Board is not satisfied that the applicant is entitled to be registered as a registered architect, the Board must—
a: decline the application; and
b: notify the applicant of its decision and the reasons for it; and
c: notify the applicant of his or her right of appeal against the decision.
3: Subsection (2) does not limit section 28
11: Expiry of registration
1: A certificate of registration must specify the date of its expiry.
2: The date of expiry must not be later than the last day of the period specified in the rules for which a registration is in force.
3: A certificate of registration continues in force until the close of the date of its expiry unless it is sooner cancelled or suspended under this Part.
12: Registered architect must meet applicable minimum standards for registration to continue to be registered
1: The Board must assess at the frequency required by the rules, and may assess at any other time, whether or not a registered architect continues to meet the applicable minimum standards for registration.
2: A registered architect who continues to meet those standards is entitled, on payment of the fee set by the Board, to a renewal of his or her registration.
3: An application for renewal of registration must be made to the Board in accordance with the rules.
13: Consequences of failure to meet applicable minimum standards for registration
1: If, after making an assessment under section 12
a: suspend the person’s registration until the person satisfies the Board that he or she meets those standards; and
b: record the suspension in the register.
2: If the person does not satisfy the Board that he or she meets the applicable minimum standards for registration within 12 months, or any further period that the Board may determine, the Board must—
a: cancel the person’s registration; and
b: remove the person’s name from the register.
14: Cancellation of registration
The Board must cancel a person’s registration and remove the person’s name from the register—
a: if the person dies; or
b: if the person, by written notice, requests the Board to cancel his or her registration; or
c: in accordance with section 13(2)
d: in accordance with section 26(1)
e: in accordance with section 27
15: Mandatory suspension of registration
The Board must suspend a person’s registration and record the suspension in the register in accordance with—
a: section 13(1)
b: section 26(1)
c: section 27
16: Voluntary suspension of registration
The Board may suspend a person’s registration and record the suspension in the register if the person, by written notice, requires it (and then for the period required, subject to the rules).
17: Effect of suspension of registration
1: A person is not a registered architect, for the purposes of this Act, for the period for which his or her registration is suspended.
2: At the end of the period of suspension, the person’s registration is immediately revived (unless it has been cancelled) and, if the person’s registration has expired, the Board may issue a certificate of registration to him or her under section 10 Register of registered architects
18: Register of registered architects
1: The Board must establish and maintain, in accordance with this Act and the rules, a register of persons who are currently registered as registered architects under this Part.
2: The Board must—
a: enter in the register—
i: the name of every person referred to in subsection (1); and
ii: the information about that person that is specified in section 21
b: make any other entries in the register that may be required, permitted, or directed to be entered by or under this Part.
19: Purpose of register
The purpose of the register is—
a: to enable members of the public to—
i: determine whether or not a person is a registered architect and, if so, the status and relevant history of the person’s registration; and
ii: choose a suitable registered architect from a list of registered architects; and
iii: if the address of a registered architect is entered in the register with the consent of the registered architect, know how to contact the registered architect; and
iv: know which registered architects have been disciplined within the last 3 years; and
b: to facilitate the administrative, disciplinary, and other functions of the Board under this Act.
20: Form of register
The register may be kept—
a: as an electronic register; and
b: in any other manner that the Board thinks fit.
21: Matters to be shown in register
1: The register must show the following information, to the extent that the information is relevant, for each registered architect whose name is entered in the register:
a: information about the status and history of the person’s registration, particularly—
i: the date on which the person’s name was entered in the register; and
ii: the date of expiry of the person’s registration or, as the case may be, if the registration is renewed, the date on which the term of the latest renewal of the registration expires; and
iii: any disciplinary penalty imposed on the person in the last 3 years; and
b: the person’s contact details, including any electronic contact details, if the person has consented to the register showing these details; and
c: any other information that the Board considers necessary or desirable for the purpose of the register.
2: The register must also show—
a: whether a registration is suspended; and
b: if paragraph (a) applies,—
i: the ground under this Act for the suspension (for example, whether for non-payment of a fee set by the Board that was required from the registered architect, or on another ground); and
ii: the period of suspension; and
iii: any conditions for termination of the suspension.
22: Register to be public
The Board must—
a: keep the register open for public inspection, without fee, during reasonable hours at the head office of the Board and at any other place that the Board determines to be necessary or appropriate; and
b: supply to a person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy.
23: Alterations to register
The Board may, at any time, make any amendments to the register that are necessary to—
a: reflect any changes in the name of a registered architect or the information specified in section 21
b: correct a mistake caused by any error or omission on the part of the Board or any person to whom the Board has delegated its functions, duties, or powers. Discipline
24: Complaints about registered architects
1: Any person may complain to the Board about the conduct of a registered architect in accordance with the rules.
2: As soon as practicable after receiving a complaint, the Board must—
a: decide whether to proceed with the complaint in accordance with the rules; and
b: if it decides to proceed with the complaint, appoint 1 or more persons in accordance with the rules to investigate, and report on, the complaint; and
c: determine the complaint in accordance with the rules after considering the report of that investigator or of those investigators (as the case may be).
3: If the Board determines not to proceed with a complaint because the matter relates to a building practitioner who is licensed under the Building Act 2004
4: A complaint or inquiry, and any decision on the complaint or inquiry, may relate to a person who is no longer a registered architect but who was a registered architect at the time of the relevant conduct. 2002 No 17 s 20 Section 24(2) replaced 30 August 2013 section 4 Registered Architects Amendment Act 2012
25: Grounds for discipline of registered architects
1: The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in section 26
a: both of the following matters apply:
i: a registered architect has been convicted, whether before or after he or she is registered, by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 6 months or more; and
ii: the commission of the offence reflects adversely on the person’s fitness to carry out the work of a registered architect; or
b: a registered architect has breached the code of ethics contained in the rules; or
c: a registered architect has practised as a registered architect in a negligent or incompetent manner; or
d: a registered architect has, for the purpose of obtaining registration (either for himself or herself or for any other person),—
i: either orally or in writing, made any declaration or representation knowing it to be false or misleading in a material particular; or
ii: produced to the Board or made use of any document knowing it to contain a declaration or representation referred to in subparagraph (i); or
iii: produced to the Board or made use of any document knowing that it was not genuine.
2: The Board may take the action whether or not the person is still a registered architect. 2002 No 17 s 21
26: Disciplinary penalties
1: In any case to which section 25
a: do both of the following things:
i: cancel the person’s registration and remove the person’s name from the register; and
ii: order that the person may not apply to be re-registered before the expiry of a specified period:
b: suspend the person’s registration for a period of no more than 12 months or until the person meets specified conditions relating to the registration (but, in any case, not for a period of more than 12 months) and record the suspension in the register:
c: order that the person be censured:
d: order that the person may, for a period not exceeding 3 years, practise only subject to any conditions as to employment, supervision, or otherwise that the Board may specify in the order:
e: order that the person undertake training specified in the order:
f: order that the person must pay a fine not exceeding $10,000.
2: The Board may take only 1 type of action in subsection (1) in relation to a case, except that—
a: it may impose a fine under subsection (1)(f) in addition to taking the action under subsection (1)(b) or (c) or (e); or
b: it may order that a person be censured in addition to taking the action under subsection (1)(d) or (e) or (f).
3: No fine may be imposed under subsection (1)(f) in relation to an act or omission that constitutes an offence for which the person has been convicted by a court.
4: In any case to which section 25
5: In addition to notifying the action taken by the Board in the register, the Board—
a: must notify the Registrar of Licensed Building Practitioners appointed under the Building Act 2004
b: may publicly notify the action in any other way that it thinks fit. 2002 No 17 s 22
27: Non-payment of fines or costs
If money payable by a person under section 26(1)(f) or (4)
a: cancel the person’s registration and remove the person’s name from the register; or
b: suspend the person’s registration until the person pays the money and, if he or she does not do so within 12 months, cancel his or her registration and remove his or her name from the register. 2002 No 17 s 23 Decision-making functions and general procedure of Board under this Part
28: Specified procedure for making decisions
In the performance and exercise of its decision-making functions and powers under this Part, the Board must—
a: give written notice of, and reasons for, its decision to any person to whom the decision relates; and
b: observe the rules of natural justice; and
c: comply with any applicable procedures under the rules; and
d: comply with any regulations made under section 77 2002 No 17 s 25
29: Other procedure for making decisions
Except as otherwise provided in this Act, the Board may regulate its own procedure for making decisions under this Part. Powers and procedure of Board on disciplinary matters
30: Board may hear evidence for disciplinary matters
1: In relation to a disciplinary matter, the Board may—
a: receive evidence on oath (and for that purpose a member of the Board or an employee of the Board may administer an oath):
b: permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath, statutory declaration, or otherwise.
2: A hearing before the Board on a disciplinary matter is a judicial proceeding for the purposes of sections 108 109 2002 No 17 s 27
31: District Court may authorise Board to summon witnesses on disciplinary matters
1: A District Court Judge may, on the application of the Board or the person to whom the proceedings relate, give a certificate authorising the Board to issue a summons under section 32
2: A District Court Judge must not give a certificate under subsection (1) unless satisfied that—
a: the evidence of the witness is or may be material to the hearing of a disciplinary matter by the Board; and
b: it is necessary or desirable that the summons be issued to compel the attendance of the witness at the hearing. 2002 No 17 s 28
32: Issuing of summons by Board
1: The Board must, on production of a certificate referred to in section 31
a: give evidence:
b: give evidence under oath:
c: produce documents, things, or information, or any specified documents, things, or information, in the possession or control of that person that are relevant to the hearing.
2: The summons must be in writing, be signed by a member of the Board, and state—
a: the date and time when, and the place where, the person must attend; and
b: the documents, things, or information that the person is required to bring and produce to the Board; and
c: the entitlement to be tendered or paid a sum in respect of witnesses’ fees, allowances, and expenses; and
d: the penalty for failing to attend.
3: The Board may require that any documents, things, or information produced under this section be verified by oath, statutory declaration, or otherwise. 2002 No 17 s 29
33: Serving of summons
1: A summons may be served—
a: by delivering it personally to the person summoned; or
b: by posting it to the person summoned at that person’s usual place of residence.
2: A summons must,—
a: if it is to be served under subsection (1)(a), be served at least 48 hours before the attendance of the witness is required:
b: if it is to be served under subsection (1)(b), be served at least 10 days before the attendance of the witness is required.
3: A summons that is posted is treated as having been served when it would have been delivered in the ordinary course of post. 2002 No 17 s 30
34: Witnesses’ fees, allowances, and expenses
1: A witness appearing before the Board under a summons is entitled to be paid witnesses’ fees, allowances, and expenses in accordance with the scales prescribed by regulations under the Criminal Procedure Act 2011
2: The person requiring attendance of the witness must pay or tender to the witness the fees, allowances, and expenses at the time the summons is served or at some other reasonable time before the hearing. 2002 No 17 s 31 Section 34(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
35: Failure to comply with summons
1: A person summoned under section 32
a: fails to attend in accordance with the summons; or
b: does not give evidence when required to do so; or
c: does not give evidence under oath when required to do so; or
d: does not answer any question that is lawfully asked by the Board; or
e: does not provide any documents, things, or information that the summons requires the person to provide.
2: A person who commits an offence against this section is liable on
3: A person must not be convicted of an offence under this section if witnesses’ fees, allowances, and expenses to which the person is entitled under section 34 2002 No 17 s 32 Section 35(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
36: Protection for members of Board and others for disciplinary matters
1: Neither the Board, nor any committee, member, or employee of the Board is liable for any act or omission done, in good faith, in the performance or intended performance of their functions or duties, or the exercise of their powers, under this Act or the rules in relation to disciplinary matters.
2: Every person who does the following things has the same privileges as witnesses have in a court:
a: provides documents, things, or information to the Board in relation to a disciplinary matter; or
b: gives evidence or answers questions at a hearing of the Board in relation to a disciplinary matter.
3: Every counsel appearing before the Board in relation to a disciplinary matter has the same privileges and immunities as counsel in court. 2002 No 17 s 33
37: Enforcement of orders
If the Board, acting in accordance with this Act and the rules in relation to a disciplinary matter, takes an action or otherwise exercises any power in respect of a person who is or was a registered architect, that action or other exercise of any power has effect whether or not that person remains a registered architect. 2002 No 17 s 34 Appeal of decisions
38: Right of appeal
1: A person may appeal to the District Court
a: decline to register the person as a registered architect; or
b: suspend or cancel his or her registration; or
c: take any action referred to in section 26
2: An appeal—
a: must be brought to the District Court by way of notice of appeal in accordance with the rules of court; and
b: must be lodged within 20 working days after notice of the decision or action is communicated to the appellant, or within any further time a District Court Judge allows on application made before or after the period expires. 2002 No 17 s 35 Section 38(1) amended 1 March 2017 section 261 District Court Act 2016
39: Notice of right of appeal
When notifying a person under this Act of any decision or action against which section 38
40: Actions to have effect pending determination of appeal
A decision or action against which an appeal is lodged under this Part continues in force unless the District Court orders otherwise. 2002 No 17 s 36
41: Procedure on appeal
1: An appeal under this Part must be heard as soon as is reasonably practicable after it is lodged.
2: An appeal under this Part is by way of rehearing.
3: On hearing the appeal, the District Court—
a: may confirm, reverse, or modify the decision or action appealed against; and
b: may make any other decision or take any other action that the person or body that made the decision or took the action appealed against could have made or taken.
4: The court must not review—
a: any part of a decision or action not appealed against; or
b: any decision or action not appealed against at all. 2002 No 17 s 37
42: Court’s decision final
Except as provided in section 46
43: Court may refer matter back for reconsideration
1: Instead of determining an appeal under this Part, the District Court may direct the Board to reconsider, either generally or in respect of any specified aspect, the whole or any part of the decision or action.
2: In giving a direction under subsection (1), the court—
a: must state its reasons for the direction; and
b: may give any other directions it thinks just in relation to the matter referred back for reconsideration.
3: Upon being directed to reconsider a matter, the Board—
a: must reconsider the matter; and
b: in doing so, must—
i: take the court’s reasons into account; and
ii: give effect to the court’s directions.
44: Orders as to costs
On an appeal under this Part, the District Court may order any party to the appeal to pay to any other party to the appeal any or all of the costs incurred by the other party in respect of the appeal.
45: Orders as to publication of names
1: On any appeal under this Part, the District Court may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of the affairs of a registered architect or any other person.
2: In deciding whether to make an order under subsection (1), the court must have regard to—
a: the interests of any person (including, without limitation, the privacy of any complainant); and
b: the public interest.
3: If the District Court prohibits the publication of the name or particulars of the affairs of a registered architect, the Board must remove the name or particulars of the affairs of that registered architect from the register in relation to the matter under appeal to the extent necessary to reflect the court’s prohibition on publication.
46: Appeal on question of law
1: A party to an appeal under this Part may appeal to the High Court against any determination of law arising in the appeal.
2: The appeal must be heard and determined in accordance with the appropriate rules of court.
3: Part 6 Criminal Procedure Act 2011
a: so far as it is applicable and with all necessary modifications; but
b: only so far as it relates to appeals on questions of law.
4: Subsection (3) overrides subsection (2). Section 46(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
3: New Zealand Registered Architects’ Board
47: Establishment of New Zealand Registered Architects’ Board
The New Zealand Registered Architects’ Board is established.
48: Board is body corporate
The Board—
a: is a body corporate; and
b: is accordingly a legal entity in its own right separate from its members, office holders, and the Crown.
49: Capacity and powers
1: Except as provided in this Act or any other Act or rule of law, the Board—
a: has the capacity, rights, powers, and privileges of a natural person; and
b: has the statutory powers conferred by this Act and any other Act.
2: The Board may exercise its powers only for the purpose of performing its functions.
50: Functions of Board
The Board’s functions are—
a: to make, and from 1 July 2006 always have, rules relating to registered architects that are prepared and approved in accordance with this Part:
b: to register persons, issue certificates of registration, assess whether persons meet the requirements for continued registration, and perform the other functions relating to registration in accordance with Part 2
c: to keep and maintain the register and carry out the other functions relating to the register in accordance with Part 2
d: to receive, investigate, and hear complaints about, inquire into the conduct of, and discipline, registered architects in accordance with Part 2
e: to provide information to the public about the registration system for registered architects:
f: to perform any functions or duties, or exercise any powers, that are delegated to the Board under any other enactment.
51: Members and their role
1: All decisions relating to the operation of the Board must be made by or under the authority of the Board.
2: The Board has all the powers necessary for carrying out its role under subsection (1).
52: Composition of Board
1: The Board must have at least 6, but no more than 8, members.
2: A member must be appointed by the Minister.
3: The Minister must appoint
a: a maximum of 4 people nominated by the New Zealand Institute of Architects; and
b: a maximum of 4 other persons.
4: 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. Section 52(2) replaced 24 October 2019 section 121(1) Statutes Amendment Act 2019 Section 52(3) amended 24 October 2019 section 121(2) Statutes Amendment Act 2019
53: Criteria for appointment
The Minister may only appoint a person as a member of the Board
a: having regard to the functions, duties, and powers of the Board; and
b: because of that person’s knowledge, experience, or expertise. Section 53 amended 24 October 2019 section 122 Statutes Amendment Act 2019
54: Further provisions as to Board and its members
The Schedule Committees of Board
55: Board may appoint committees
1: The Board may, by resolution, appoint 1 or more committees to—
a: perform any of the Board’s functions or duties, or exercise any of the Board’s powers, that are delegated to the committee under clause 33
b: inquire into, and report to the Board on, any matters within the scope of the Board’s functions, duties, or powers that are referred to the committee by the Board.
2: The committee is subject in all things to the control of the Board and may, at any time, be discharged, altered, or reconstituted by the Board.
56: Membership of committee
A committee must consist of at least 2 members of the Board and may include any other persons that the Board thinks fit.
57: Committee to regulate own procedure
Subject to the Board’s direction, a committee may regulate its own procedure. Reporting by Board
58: Obligation to prepare annual report
The Board must prepare an annual report on its operations for each financial year.
59: Form and content of annual report
1: An annual report must contain the following information and reports in respect of the financial year to which it relates:
a: a report on operations, including the information that is necessary to enable an informed assessment to be made of the Board’s performance during the financial year; and
b: section 60
c: the auditor’s report in accordance with section 61
d: the number of registered architects at the end of the financial year; and
e: the number of persons whom the Board registered and the number of persons whom the Board declined to register during the financial year; and
f: the number of persons whose registration was cancelled, or whose registration was suspended under section 15
g: the number of persons against whom the Board took disciplinary action during the financial year; and
h: the amount of the fee for an application for registration or renewal of registration that is set by the Board during the financial year.
2: An annual report must be in writing, be dated, and be signed on behalf of the Board by 2 members. Section 59(1)(b) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
60: Annual financial statements and statement of responsibility
1: The Board must ensure that, within 3 months after the end of the financial year, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Board and that financial year; and
b: dated and signed on behalf of the Board by 2 members of the Board.
2: The financial statements must contain, in relation to each financial statement, budgeted figures for the financial year.
2A: In this section,— financial statements section 6 generally accepted accounting practice section 8
3: The statement of responsibility for the financial statements must—
a: contain a statement of the Board’s responsibility for the preparation of the
b: contain a statement of the Board’s responsibility for establishing and maintaining a system of internal control that is designed to provide reasonable assurance as to the integrity and reliability of financial reporting. Section 60(1) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 60(2) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 60(2A) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 60(3)(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
61: Audit
1: The Board must, within 3 months section 59(1)(a) and (b)
2: The Auditor-General must audit those documents, and provide an audit report on them to the Board, within 30 days after receiving them. Section 61(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
62: Obligation for Board to provide annual report to Minister
The Board must provide the annual report to the Minister as soon as practicable after receiving the audit report.
63: Board to publish reports
As soon as practicable after giving a report to the Minister under section 62
a: publicly notify that the report has been given to the Minister and where copies of the report may be inspected and purchased; and
b: make copies of the report available to the public at the place set out in the public notification, on request, for inspection free of charge and for purchase at a reasonable cost.
64: Annual reports to be presented to House of Representatives
The Minister must present a copy of the report given to him or her under section 62
65: Power of Minister to require information relating to affairs of Board
1: The Board must supply to the Minister any information relating to the affairs of the Board that the Minister requests.
2: However, a request may be refused if—
a: withholding the information is necessary to protect the privacy of any person (including a deceased person); or
b: there would, under the Official Information Act 1982
i: the request had been made under section 12 section 9(2)(a)
ii: the need to protect the privacy of any person were not outweighed by the Minister’s need to have the information in order to discharge the Minister’s ministerial duties; or
c: the information relates to a particular matter in respect of which the Board or any person appointed or employed by the Board is required to act judicially.
66: Financial year of Board
The financial year of the Board ends on 30 June or on any other date determined by the Minister. Rules relating to registered architects
67: Board must make rules relating to registered architects
1: The Board must make, and from 1 July 2006 always have, rules containing the following minimum standards ( registered architects standards
a: minimum standards of competence (including standards relating to knowledge and skills) that must be met; and
b: minimum standards for demonstrating current competence that must be met for continued registration, and for the frequency at which assessments of current competence must be carried out; and
c: a code of minimum standards of ethical conduct for registered architects.
2: The Board must also make, and from 1 July 2006 always have, rules that govern all of the following matters: Title of registered architect
a: the form of words, initials, and abbreviations that may be used to represent a person as a registered architect (without limiting any others that may be used consistently with this Act):
b: the form of words, initials, and abbreviations that must be used if the title registered architect section 7(1)(b) architect Registration of registered architects
c: the information that must be provided by an applicant for registration, and the way in which this information must be evaluated and decisions on the information must be made and implemented:
d: the period for which a certificate of registration is to be issued:
e: the information that must be provided by a registered architect to demonstrate his or her current competence, and the way in which this information must be evaluated and decisions on the information must be made and implemented:
f: the way in which a proposed cancellation or suspension of registration (that does not relate to a disciplinary matter) is to be considered, decided on, and implemented, and any minimum and maximum periods for suspension:
g: any additional matters that may be recorded on the register and the process for amending the register:
h: the charges payable in relation to registration, renewal of registration, and the issue of a certificate of registration, which charges must be reasonable and for the purposes only of recovering the costs of the performance of the functions of the Board under this Act: Disciplining of registered architects
i: the information that must be provided by complainants, and the way in which this information must be evaluated and decisions on whether or not to proceed with the complaint must be made and implemented:
j: how complaints about the conduct of registered architects or former registered architects must be dealt with, including—
i: the procedure for appointing a person or persons to investigate, and report on, a complaint:
ii: the requirement that at least 1 person appointed for the purpose specified in subparagraph (i)
iii: the procedure of the Board in determining a complaint:
k: how a matter about the conduct of registered architects or former registered architects that is raised by the Board's own inquiries must be dealt with:
l: how decisions on a complaint or inquiry must be implemented: Rule-making procedures
m: the making, amendment, and revocation of rules, including the requirements for consultation with persons affected by the rules in the preparation of those proposed rules, amendments, or revocations.
3: In addition, the Board may also make any other rules that—
a: are necessary or desirable to govern the practice and procedure of the Board’s functions under this Act; or
b: the Board considers to be desirable in the interests of natural justice.
4: The rules must be consistent with this Act.
5: Rules under this section are secondary legislation ( see Part 3 2002 No 17 s 39 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67(2)(j) replaced 30 August 2013 section 5 Registered Architects Amendment Act 2012 Section 67(2)(k) replaced 30 August 2013 section 5 Registered Architects Amendment Act 2012 Section 67(2)(l) replaced 30 August 2013 section 5 Registered Architects Amendment Act 2012 Section 67(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
68: Particular requirements for preparation and approval of rules
In preparing a rule, the Board must—
a: ensure that the proposed rule is consistent with the purposes of this Act; and
b: consult with registered architects and any persons that it reasonably considers to be representative of other persons or classes of persons affected by the proposed rule; and
c: take into account international best practice and New Zealand’s international obligations. 2002 No 17 s 40
69: Rules must be approved by Minister
1: The Board must not make a rule unless the proposed rule has been approved by the Minister under this section.
2: The Minister must, as soon as practicable after receiving a rule for approval, by notice in writing to the Board,—
a: approve it; or
b: decline to approve it.
3: The Minister must not approve a rule unless the Minister is satisfied that the rule is consistent with the rules that apply to other related building occupations.
70: Revision of rules
If the Minister declines to approve a rule,—
a: the Minister must indicate the grounds on which he or she declines to approve it; and
b: the Minister must direct the Board to prepare and submit a revised rule; and
c: the Board must submit a revised rule to the Minister not later than 15 working days after the date on which approval was declined or any later date that the Minister in any case may allow.
71: Approval of revised rule
1: As soon as practicable after receiving a revised rule, the Minister must—
a: approve the rule by written notice to the Board; or
b: if the Minister considers that the revised rule requires further amendment,—
i: make any amendments to the rule that the Minister considers necessary; and
ii: approve the rule (as amended) by written notice to the Board, which notice must be accompanied by a copy of the rule as approved.
2: Before making any amendments to a rule under this section, the Minister must—
a: advise the Board of the Minister’s intention to do so; and
b: give the Board a reasonable opportunity to make submissions on the matter; and
c: consider those submissions.
3: The Minister must comply with section 69(3)
72: Review of rules
1: If the Minister considers that it is necessary to do so for the purposes of ensuring consistency with any relevant legislation, the Minister may require the Board to review and resubmit for approval 1 or more of the rules made under this Act.
2: Sections 68 to 71
73: Requirements relating to amendments and revocations
The requirements of sections 68 to 71
74: Application of Legislation Act 2012 to rules
Section 74 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
4: Miscellaneous provisions
Miscellaneous
75: Certificate of Board to be conclusive evidence
A certificate as to any of the following matters, given in writing by any person authorised by the Board in writing to provide certificates of that type, is conclusive evidence of that matter, in the absence of proof to the contrary:
a: as to whether or not a person is registered at any time:
b: as to whether or not a person holds a current certificate of registration at any time:
c: as to any entry in the register:
d: as to any act or proceeding of the Board or of any committee of the Board.
76: Payment and application of charges, fines, and other money
1: All charges, fines, and other money payable by a person under this Act—
a: are payable to the Board:
b: are recoverable as a debt due to the Board from that person, whether or not he or she remains a registered architect:
c: may be applied by the Board as it considers appropriate in the performance of its functions and duties, and the exercise of its powers, under this Act.
2: For the purposes of this section, fine
77: Regulations
1: The Governor-General may, by Order in Council on the recommendation of the Minister given after consultation with the Board, make regulations providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional and consequential provisions: Outline
78: Outline of transitional and consequential provisions
1: The general scheme and effect of the transitional and consequential provisions is as follows:
a: the Board is established on 1 July 2005:
b: between 1 July 2005 and 1 July 2006, the rules must be made:
c: on 1 July 2006,—
i: the rest of this Act comes into force; and
ii: the Architects Act 1963 is repealed; and
iii: people who, at that date, are registered under the Architects Act 1963 ( existing architects
d: between 1 July 2006 and 30 June 2007,—
i: persons may be registered as registered architects under this Act and are subject to this Act in full; and
ii: existing architects are subject to this Act in full, and must apply for registration under this Act at some point before the end of that period, if they wish to continue as registered architects after 30 June 2007:
e: on 30 June 2007, the transitional period ends.
2: This section is a guide only to the general scheme and effect of these provisions. Transitional provisions relating to existing architects
79: Persons entitled to retain registration until 30 June 2007
1: Every person who is registered under the Architects Act 1963 immediately before 1 July 2006 is deemed to be registered as a registered architect under this Act until the earlier of the following:
a: 30 June 2007; or
b: that person’s registration is cancelled under this Act; or
c: that person’s current annual practising certificate issued under section 55 of the Architects Act 1963 expires in accordance with section 80(b)
2: On and after 1 July 2006, this Act, including section 13
80: Annual practising certificates issued under Architects Act 1963 to continue in full force
Every current annual practising certificate issued under section 55 of the Architects Act 1963 to any person who, immediately before 1 July 2006, was registered as an architect under that Act—
a: is deemed to be a certificate of registration issued to that person under section 10
b: continues in full force and effect until the earlier of the following:
i: 30 June 2007; or
ii: it is cancelled under this Act; or
iii: the date when it would have expired under the Architects Act 1963. Transitional and consequential provisions relating to establishment of Board
81: Architects Education and Registration Board to pay start-up amount to Board
The Architects Education and Registration Board must pay to the Board an amount agreed between the Minister, the Board, and the Architects Education and Registration Board as soon as practicable after 1 July 2005.
82: Related amendments to other Acts
1: Amendment(s) incorporated in the Act(s)
2: Amendment(s) incorporated in the Act(s) Other transitional and consequential provisions
83: Related amendment to Privacy Act 1993
Amendment(s) incorporated in the Act(s)
84: Dissolution of Architects Education and Registration Board
On 1 July 2006,—
a: the Architects Education and Registration Board is dissolved; and
b: all property of any nature belonging to the Architects Education and Registration Board is vested in the Board, subject to all liabilities, charges, obligations, or trusts affecting the property; and
c: all money payable to the Architects Education and Registration Board is payable to the Board; and
d: all liabilities and obligations of any nature (other than under contracts of employment), and all rights and authorities of any nature, of the Architects Education and Registration Board are the liabilities, obligations, rights, and authorities of the Board.
85: Repeal of Architects Act 1963
On 1 July 2006,—
a: the Architects Act 1963 is repealed:
b: the Architects Regulations 2002 (SR 2002/398) are revoked:
c: Amendment(s) incorporated in the Act(s)
86: Existing matters and existing proceedings
1: Despite section 85
2: However, any court action or disciplinary or other proceeding that was commenced under the Architects Act 1963 before its repeal must be continued under this Act, but on the basis that no order may be made, or action taken, at the end of the action or proceeding unless the same could have been made or taken under the Architects Act 1963, or the relevant person who was registered as an architect under that Act agrees.
87: Securities Act 1978 amended
Amendment(s) incorporated in the Act(s)