Parliament bill

Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Bill

Royal assent · Introduced by Hon Chris Penk · National Party

Last checked
July 15, 2026 15:51
Source captured
July 15, 2026 15:51
Source
View on Parliament.nz

What this bill does

The bill passed its third reading 101–21; the vote was not unanimous. According to the Minister, building-consent inspections can delay plumbing and drainlaying work and add costs, particularly where building consent authorities have limited capacity. The bill aims to offer an optional faster pathway for eligible plumbing and drainlaying work while retaining oversight of higher-risk work. The bill lets Board-endorsed plumbers and drainlayers certify specified work as meeting a building consent. Owners provide the certificate when seeking code compliance, and the building consent authority must accept it for that work rather than inspect it; the Board sets standards and can audit, suspend, or cancel endorsements.

AI-assisted summary based on the bill text and linked Hansard debates.

Latest voting result

May 27, 2026
Third reading: Passed Party vote

Ayes 101 · Noes 21

  • National Party Aye · 48 votes
  • Labour Party Aye · 34 votes
  • ACT Party Aye · 11 votes
  • NZ First Party Aye · 8 votes
  • Green Party No · 15 votes
  • Te Pāti Māori No · 4 votes
  • Ferris, Tākuta No
  • Kapa-Kingi, Mariameno No

View the vote in Hansard

Earlier votes (1)

April 23, 2026

Second reading: Passed Party vote

Ayes 102 · Noes 21

  • National Party Aye · 49 votes
  • Labour Party Aye · 34 votes
  • ACT Party Aye · 11 votes
  • NZ First Party Aye · 8 votes
  • Green Party No · 15 votes
  • Te Pāti Māori No · 5 votes
  • Ferris, Tākuta No

Arguments raised in Parliament

AI-assisted summary of the linked Hansard debates. Each point is grounded in the cited transcript.

Arguments for

Qualified plumbers and drainlayers can replace building-consent-authority inspections with self-certification, saving practitioners, councils, and building owners time and money.

Building consent authorities can redirect limited inspection resources from eligible plumbing and drainlaying work to higher-risk work, improving regulatory efficiency.

The Plumbers, Gasfitters, and Drainlayers Board can audit self-certifiers and discipline defective practice, which is intended to preserve oversight and consumer confidence after routine inspections are removed.

Rural and provincial building owners can avoid delays caused by inspector travel and availability when endorsed practitioners self-certify eligible work.

Arguments against

Homeowners may be left with expensive latent defects because plumbing failures can be hidden underground or in walls and the bill does not itself require practitioners to keep insurance current.

Nuance and qualifications

The scheme reallocates rather than removes building-consent-authority oversight, because councils still assess plumbing and drainlaying design against the building code before granting consent.

Building owners and businesses retain a choice to use ordinary building-consent-authority inspections instead of self-certification, trading potential speed and savings for direct council assurance.

Bill text

Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Bill

Version published May 26, 2026 00:00.

Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Act 2025 . 2 Commencement This Act comes into force on 30 June 2026. However, sections 16 , 38(1) and (2) , 39 to 41 , 44, and 45 46 and section 18 , as it relates to section 87AI of the Plumbers, Gasfitters, and Drainlayers Act 2006, come into force on the day after Royal assent. 3 Principal Act This Part amends the Building Act 2004. 4 Section 7 amended (Interpretation) In section 7(1), insert in their appropriate alphabetical order: certificate of compliance means a certificate of compliance issued under section 87AD of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certifiable drainlaying has the meaning given in regulations made under section 172 of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certifiable drainlaying has the meaning given in section 4 of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certifiable plumbing has the meaning given in regulations made under section 172 of the Plu…
Read full bill text
Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Act 2025 . 2 Commencement This Act comes into force on 30 June 2026. However, sections 16 , 38(1) and (2) , 39 to 41 , 44, and 45 46 and section 18 , as it relates to section 87AI of the Plumbers, Gasfitters, and Drainlayers Act 2006, come into force on the day after Royal assent. 3 Principal Act This Part amends the Building Act 2004. 4 Section 7 amended (Interpretation) In section 7(1), insert in their appropriate alphabetical order: certificate of compliance means a certificate of compliance issued under section 87AD of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certifiable drainlaying has the meaning given in regulations made under section 172 of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certifiable drainlaying has the meaning given in section 4 of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certifiable plumbing has the meaning given in regulations made under section 172 of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certifiable plumbing has the meaning given in section 4 of the Plumbers, Gasfitters, and Drainlayers Act 2006 self-certification endorsed plumber or drainlayer has the meaning given in section 4 of the Plumbers, Gasfitters, and Drainlayers Act 2006 5 Section 45 amended (How to apply for building consent) After section 45(1)(bc), insert: bd if the building work includes self-certifiable plumbing or self-certifiable drainlaying work (whether or not the building work includes other sanitary plumbing or drainlaying) and the applicant wishes to rely on section 94(2)(aa) ,— i state the name of each self-certification endorsed plumber or drainlayer who will do, assist in doing, or supervise the self-certifiable plumbing or self-certifiable drainlaying work that is the subject of the application if they are engaged at the time of the application; and ii be accompanied by a declaration— A in the form approved by the chief executive (if any) stating that the plumbing or drainlaying work is self-certifiable plumbing or self-certifiable drainlaying work; and B given by a self-certification endorsed plumber or drainlayer, registered architect, or chartered professional engineer, or by a licensed building practitioner who is licensed in a class designated in regulations made under section 285 to carry out or supervise design work; and i state that the applicant wishes to rely on section 94(2)(aa) ; and ii state the name of each self-certification endorsed plumber or drainlayer who will do, assist in doing, or supervise the self-certifiable plumbing or self-certifiable drainlaying work that is the subject of the application (if they are engaged at the time of the application); and After section 45(1), insert: 1A A declaration provided under subsection (1)(bd)(ii) does not, in itself,— a create any liability in relation to any matter to which the declaration relates; or b give rise to any civil liability to the owner that would not otherwise exist if the person giving the declaration were not required to give the declaration. 6 Section 49 amended (Grant of building consent) After section 49(1), insert: 1A A building consent authority may only grant a building consent in relation to plumbing or drainlaying work for which the application is made in reliance on section 94(2)(aa) if— a a self-certification endorsed plumber or drainlayer will do, assist in doing, or supervise the work; and b the building consent authority is satisfied on reasonable grounds that the work is self-certifiable plumbing or self-certifiable drainlaying work. 7 New section 89A inserted (Owner must notify names of self-certification endorsed plumbers or drainlayers engaged in building work) After section 89, insert: 89A Owner must notify names of self-certification endorsed plumbers or drainlayers engaged in building work 1 The owner must, as soon as practicable, give the building consent authority written notice of the name of every self-certification endorsed plumber or drainlayer who— a will issue a certificate of compliance in relation to the plumbing or drainlaying work; and b was not stated in the application for the building consent under section 45(1)(bd) . 2 After any self-certifiable plumbing or self-certifiable drainlaying work commences under a building consent, the owner must give the building consent authority a written notice if— a a self-certification endorsed plumber or drainlayer who was included in the application for a building consent under section 45(1)(bd) ceases to be engaged in relation to the self-certifiable plumbing or self-certifiable drainlaying work under the building consent; or b another self-certification endorsed plumber or drainlayer is engaged to do, assist in doing, or supervise the self-certifiable plumbing or self-certifiable drainlaying work and will issue a certificate of compliance in relation to that building work. 3 The notice under subsection (2) must— a state whether either or both of the circumstances specified in subsection (2)(a) and (b) apply; and b be given as soon as practicable; and c name the other self-certification endorsed plumbers or drainlayers concerned (if any). 8 Section 92 amended (Application for code compliance certificate) After section 92(3A), insert: 3B The application under subsection (1) must be accompanied by a certificate of compliance issued by a self-certification endorsed plumber or drainlayer, and any prescribed supporting documents, if the application for the applicable building consent relied on section 45(1)(bd) . 9 Section 94 amended (Matters for consideration by building consent authority in deciding issue of code compliance certificate) After section 94(2)(a), insert: aa must accept a certificate of compliance issued by a self-certification endorsed plumber or drainlayer in relation to self-certifiable plumbing or self-certifiable drainlaying work as establishing that the work to which the certificate applies complies with the building consent; and After section 94(3), insert: 3A If the owner fails to provide a building consent authority with a certificate of compliance in relation to self-certifiable plumbing or self-certifiable drainlaying work for which a building consent has been granted under section 49(1A) , the failure is a sufficient reason for the building consent authority to refuse to issue a code compliance certificate in respect of the self-certifiable plumbing or self-certifiable drainlaying work. 3B If a building consent application under section 45 did not rely upon subsection (2)(aa) , the building consent authority may not rely on subsection (2)(aa) when deciding whether to issue a code compliance certificate. 11 Section 216 amended (Territorial authority must keep information about buildings) After section 216(2)(b)(ivb), insert: ivc certificates of compliance: 11A Section 238A amended (Information to be supplied by stand-alone building consent authority) After section 238A(3)(c)(iv), insert: v certificates of compliance (where relevant): 12 Section 392 amended (Building consent authority not liable) After section 392(1)(ca), insert: cb a certificate of compliance issued by a self-certification endorsed plumber or drainlayer under section 87AD of the Plumbers, Gasfitters, and Drainlayers Act 2006: 13 Schedule 1AA amended In Schedule 1AA ,— a insert the Part set out in Schedule 1 of this Act as the last Part; and b make all necessary consequential amendments. 14 Principal Act This Part amends the Plumbers, Gasfitters, and Drainlayers Act 2006. 15 Section 4 amended (Interpretation) In section 4, insert in their appropriate alphabetical order: endorsement means an endorsement that a person is a self-certification endorsed plumber or drainlayer under section 51D self-certifiable drainlaying has the meaning given in regulations made under section 172 self-certifiable plumbing has the meaning given in regulations made under section 172 self-certification endorsed plumber or drainlayer means a person endorsed as a self-certification endorsed plumber or drainlayer under section 51D In section 4, definition of register , after requires, the register kept under , insert Part 2AA or . 16 Section 30 amended (Board may prescribe other registration and licensing matters) After section 30(1)(c), insert: ca prescribe the terms and conditions subject to which endorsements are granted; and After section 30(1)(d), insert: da prescribe the minimum standards that persons must meet in order to obtain an endorsement as a self-certification endorsed plumber or drainlayer, which must include standards relating to technical competency, experience, ability to meet potential civil liability, and business and administrative practices; and 17 New sections 51A to 51H and cross-heading inserted After section 51, insert: Obtaining endorsement for self-certification 51A Requirements for self-certification endorsement A registered person may be endorsed as a self-certification endorsed plumber or drainlayer if the person satisfies the Board that they— a hold a current practising licence as required by the Board; and b have complied with the application requirements in section 51B ; and c meet the minimum standards for endorsement ( see section 30(1)(da) ); and d are not precluded from holding an endorsement because of any action taken by the Board under section 106; and e have paid the prescribed fee (if any). 51B Applications for self-certification endorsement 1 An application for an endorsement must— a be sent or delivered to the Registrar; and b be in the form required by the Board; and c contain, or be accompanied by, the information and documentation required by the Board; and d be accompanied by the prescribed fee (if any). 2 The Registrar must refer any application received by the Registrar under this section to the Board for consideration under section 51C . 51C Board to consider application 1 The Board must consider each application for an endorsement as soon as practicable after receiving it. 2 In considering an application for an endorsement, the Board must,— a if the applicant has previously had their endorsement cancelled or suspended, have regard to the reasons for that cancellation or suspension; and b observe the rules of natural justice; and c without limiting those rules, give the applicant— i notice of any matter that might result in the application being declined; and ii a reasonable opportunity to make submissions to the Board on the matter. 51D Board may endorse practising licence or decline application 1 If the Board is satisfied that the applicant may be endorsed under section 51A , the Board may endorse the applicant’s practising licence and must then— a notify the applicant in writing of the endorsement; and b notify the applicant in writing of any terms and conditions of the endorsement under section 51E ; and c direct the Registrar to enter details of the endorsement on the applicant’s practising licence in the register. 2 If the Board declines to grant an endorsement to the applicant, the Board must notify the applicant in writing of— a the Board’s decision; and b the Board’s reasons for declining the application; and c the applicant’s right of appeal to the District Court against the decision. 3 As soon as practicable after receiving the Board’s direction under subsection (1) , the Registrar must enter details of the applicant’s endorsement in the register. 4 Despite subsection (1) , if any fee or other money payable to the Board under this Act by the applicant has not been paid, the Board may refuse to grant their endorsement until that fee or other money is paid. 51E Endorsement subject to terms and conditions 1 An endorsement is subject to any terms and conditions that the Board thinks fit. 2 The terms and conditions may include, for example,— a terms and conditions of the kind referred to in section 30: b a condition that imposes limits on the circumstances in which a particular self-certification endorsed plumber or drainlayer may do, assist in doing, or supervise work: c a condition that imposes limits on the work that a particular self-certification endorsed plumber or drainlayer may do, or assist in doing, or supervise under the endorsement. 3 The conditions referred to in subsection (2)(b) and (c) may be in addition to, or instead of, any other limits that would apply in respect of an endorsement. 4 The Board may, by written notice to a self-certification endorsed plumber or drainlayer, revoke, amend, or add to any term or condition imposed under subsection (1) . Duration and renewal of self-certification endorsement 51F Duration of self-certification endorsement 1 An endorsement must specify the date on which it expires. 2 The date of expiry must not be later than 3 years after the date on which an endorsement was granted or renewed. 3 An endorsement continues in force until the date of its expiry unless sooner suspended or cancelled. 51G Applications for renewal of self-certification endorsement 1 An application for the renewal of an endorsement— a must not be made earlier than 3 months before the endorsement expires; and b must be sent or delivered to the Registrar; and c must be in the form required by the Board; and d must contain, or be accompanied by, the information and documentation required by the Board; and e must be accompanied by the prescribed fee (if any). 2 The Registrar must refer the application to the Board for consideration under section 51H . 3 If the application is made before the endorsement’s date of expiry but the endorsement has not been renewed before that date of expiry, the endorsement continues in force until the application is determined. 51H Renewal of self-certification endorsement 1 The Board may renew a self-certification endorsed plumber’s or drainlayer’s endorsement if the Board is satisfied that— a the applicant has complied with the application requirements in section 51G ; and b the applicant meets the current minimum standards for endorsement prescribed under section 30(1)(da) ; and c there is no reason to believe that the applicant has breached any term or condition of the endorsement during the period before the endorsement is renewed; and d the applicant is not precluded from having their endorsement renewed because of any action taken by the Board under section 106. 2 If the Board renews a person’s endorsement, the Board must direct the Registrar to— a record the renewal of the applicant’s endorsement for the period (not exceeding 3 years) that the Board thinks fit; and b notify the applicant in writing of the Board’s decision; and c notify the applicant in writing of any terms and conditions on the endorsement; and d enter details of the renewal of the endorsement in the register. 3 If the Board does not renew a person’s endorsement, the Board must notify the applicant of— a the Board’s decision; and b the applicant’s right of appeal to the District Court against the decision. 4 Despite subsection (1) , if any fee or other money payable to the Board under this Act by the applicant has not been paid, the Board may refuse to renew their endorsement until that fee or other money is paid. 17A New section 56A and cross-heading inserted After section 56, insert: Audit of self-certification endorsed plumbers and drainlayers 56A Board may audit self-certification endorsed plumbers and drainlayers 1 The Board may audit a self-certification endorsed plumber or drainlayer at any time. 2 The audit must be for 1 or more of the following purposes: a to establish that the self-certification endorsed plumber or drainlayer meets the minimum standards for endorsement, as prescribed under section 30(1)(da) : b to establish that the self-certification endorsed plumber or drainlayer is complying with any terms and conditions prescribed under section 30(1)(ca) or imposed on their endorsement under section 51E : c in relation to any certificate of compliance issued by the self-certification endorsed plumber or drainlayer, to establish that the plumber or drainlayer— i made an assessment that the self-certifiable plumbing or self-certifiable drainlaying work was carried out in accordance with the relevant building consent; and ii that assessment was made in accordance with the standard reasonably to be expected of a self-certification endorsed plumber or drainlayer. 3 For the purpose of conducting the audit, the Board may, by written notice served on the self-certification endorsed plumber or drainlayer, require the plumber or drainlayer to— a produce for inspection, within any reasonable period that the Board may specify, any document or class of document in the possession or under the control of the plumber or drainlayer: b provide, within any reasonable period that the Board may specify, any information or class of information that the Board may require. 4 The Board may take copies of, or extracts from, any of the documents referred to in subsection (3) . 5 Every person who is required to supply information or documents to the Board has the same privileges in relation to the supply of the information or documents as witnesses have in any court. 18 New Part 2AA inserted After section 87, insert: 2AA Self-certification of self-certifiable plumbing and drainlaying 87AA Purpose of this Part The purpose of this Part is to regulate the activities of self-certification endorsed plumbers and drainlayers in order to ensure the purposes of this Act are achieved. 87AB Interpretation of this Part In this Part, unless the context otherwise requires, perform , in relation to self-certifiable plumbing or self-certifiable drainlaying work, means to do, assist in doing, or supervise that work. 87AC Self-certification endorsement required A registered person may issue a certificate of compliance for any self-certifiable plumbing or self-certifiable drainlaying work only if— a they are a self-certification endorsed plumber or drainlayer; and b they performed the work while being a self-certification endorsed plumber or drainlayer. Issuing of certificate of compliance 87AD Issuing of certificate of compliance 1 A self-certification endorsed plumber or drainlayer must issue a certificate of compliance for any work that they wish to certify. 2 A self-certification endorsed plumber or drainlayer may issue a certificate of compliance only if the plumbing or drainlaying work was carried out in accordance with the applicable building consent. 3 For the purposes of this section, building consent has the same meaning as given in section 7(1) of the Building Act 2004. 87AE Content of certificate of compliance A certificate of compliance issued under section 87AD must— a be in the form required by the Board; and b contain the information prescribed in regulations made under section 172(1)(fb) . 87AF Provision of certificate of compliance 1 A self-certification endorsed plumber or drainlayer must lodge every certificate of compliance they issue with the Board. 2 That certificate of compliance must be accompanied by any supporting documents— a that include any information prescribed by regulations made under section 172(1)(fb) ; and b that contain any particulars prescribed by the Board; and c in the form prescribed by the Board. 3 The self-certification endorsed plumber or drainlayer must also provide the certificate of compliance and any accompanying supporting documents to the owner. 4 This section must be complied with within 10 working days after the plumbing or drainlaying work is completed. Public register of information relating to certificates of compliance 87AG Board to establish public register 1 The Board must ensure that a register of information relating to certificates of compliance and supporting documents lodged with the Board under section 87AF(1) is established. 2 The register must include information relating to certificates of compliance and supporting documents as prescribed by the Board. 3 The register must be kept by, or as directed by, the Registrar. 4 The register must be available to be searched by the public free of charge. 87AH Application of certain sections about register of plumbers, gasfitters, and drainlayers 1 Sections 73 and 81 to 87 apply, with any necessary modifications, as if the register referred to in those sections were the register of information relating to certificates of compliance established under section 87AG . 2 In applying section 81,— a the reference to the information specified in section 74 must be read as a reference to the information relating to certificates of compliance and supporting documents prescribed by the Board under section 87AG(2) ; and b the reference to the Registrar making any amendment to the register should be read as a reference to the Registrar amending the register or directing it to be amended. Implementation and monitoring 87AI Chief executive to implement and monitor endorsements 1 The chief executive may— a develop, establish, and manage the register established under section 87AG in collaboration with the Board; and b support the Board in making any changes to the register established under section 70 that are necessary to ensure that sections 72 and 74 as they relate to endorsements are complied with; and c provide operational advice and support to the Board in relation to the Board’s duties under sections 51A to 51H and to anything incidental that is necessary for carrying out, or giving full effect to, those sections; and d support the Board in taking any steps necessary to educate those who may apply for an endorsement under section 51B or the general public on matters set out in sections 51A to 51H , Part 2AA , or section 49(1A) of the Building Act 2004. 2 The chief executive must monitor the establishment and continued operation of this Part by the Board and the impact of this Part on the performance of the building sector under the Building Act 2004. 3 The functions of the chief executive in this section are functions for the purpose of section 53(1A)(b)(i) of the Building Act 2004. 4 In this section, chief executive has the same meaning as given in section 7(1) of the Building Act 2004. Audit of certificate of compliance 87AJ Board may audit certificates of compliance 1 The Board may conduct an audit of any certificate of compliance and supporting documents lodged with the Board under section 87AF . 2 The Board may conduct an audit to establish that— a the person who issued the certificate of compliance was a self-certification endorsed plumber or drainlayer at the time the certificate was issued: b the certificate of compliance was issued in relation to work that was self-certifiable plumbing or self-certifiable drainlaying work: c the certificate of compliance was issued in relation to work that complies with the building code as defined in section 7(1) of the Building Act 2004: d any work that was performed for which a certificate of compliance has been issued was carried out in compliance with the relevant building consent issued under section 49 of the Building Act 2004. 19 Section 53 amended (Review of registered person’s competence) After section 53(2), insert: 3 The Board may, at any time, review the competence of a self-certification endorsed plumber or drainlayer to do, assist in doing, or supervise self-certifiable plumbing or self-certifiable drainlaying work, whether or not there is reason to believe that the person’s competence may be deficient. 4 In conducting a review under subsection (3) , the Board must consider the following matters: a whether, in the Board’s opinion, the self-certification endorsed plumber or drainlayer meets the current applicable minimum standards for endorsement; and b whether, in the Board’s opinion, there is any reason to believe that the self-certification endorsed plumber or drainlayer may endanger the health or safety of members of the public; and c whether, in the Board’s opinion, the self-certification endorsed plumber or drainlayer has done, assisted in doing, or supervised self-certifiable plumbing work or self-certifiable drainlaying work to the standard reasonably to be expected of a self-certification endorsed plumber or drainlayer; and d whether, in the Board’s opinion, the self-certification endorsed plumber or drainlayer has issued any certificate of compliance under section 87AD in accordance with the standard reasonably to be expected of a self-certification endorsed plumber or drainlayer issuing a certificate of compliance. 20 Section 54 amended (Procedure on review of competence) In section 54(3)(b), after licence , insert or endorsement . 21 Section 55 amended (Competence programmes) In section 55(1)(a), (b), and (c), replace or provisional licences with , provisional licences, or endorsements . In section 55(3)(a), after or the practising licence , insert or endorsement . In section 55(3)(b), after registration , insert or endorsement . 22 Section 56 amended (Unsatisfactory results of competence programme) In section 56(1)(a), (b), and (c), replace or provisional licence with , provisional licence, or endorsement . In sections 56(2) and 56(2)(a), after licence , insert or endorsement . 23 Section 57 amended (Cancellation and suspension generally) In section 57(1), replace or provisional licence with provisional licence, or endorsement . In section 57(1)(c),— a after a licence , insert or an endorsement ; and b replace or licence with , licence, or endorsement . In section 57(2), replace (if any) is with and any endorsement the person holds (if any) are . After section 57(3)(b), insert: c a person’s endorsement— i in accordance with section 56 (which concerns competence); or ii in accordance with Part 3 (which concerns disciplinary proceedings). In section 57(4), replace or provisional licence with provisional licence, or endorsement . In section 57(5), replace or a practising licence with , practising licence, or endorsement . 24 Section 58 amended (Effect of suspension) After section 58(3), insert: 3A If a person’s endorsement is suspended, the person— a is not a self-certification endorsed plumber or drainlayer for the period during which the endorsement is suspended; and b is not authorised to issue a certificate of compliance in relation to any work that they did, assisted in doing, or supervised during that period; but c continues to be registered and hold any licence they held at the time their endorsement was suspended (unless their registration or licence is also suspended). In section 58(4),— a replace or provisional licence with provisional licence, or endorsement ; and b replace or licence with , licence, or endorsement . 25 Section 59 amended (Board may cancel registration or licence if obtained wrongfully) In the heading to section 59, replace or licence with , licence, or endorsement . In section 59(1),— a replace or provisional licence with provisional licence, or endorsement ; and b paragraph (a), after licence , insert or endorsement ; and c paragraph (b), replace or issued with the licence with , issued with the licence, or endorsed . 26 Section 72 amended (Purpose of register) In section 72(1)(a)(i),— a replace or employer licence with employer licence, or endorsement ; and b replace or licence with , licence, or endorsement . In section 72(1)(b),— a after a licence , insert or endorsement ; and b replace or licence with , licence, or endorsement . 27 Section 74 amended (Matters to be contained in register) After section 74(1)(c)(v), insert: va whether the person holds an endorsement; and vb the expiry date of any endorsement; and In section 74(1)(c)(vii), replace or practising licence with , practising licence, or endorsement . In section 74(1)(d), after former Act, , insert or endorsement held by the person under this Act, . 28 Section 78 amended (Revision of register) After section 78(1)(b), insert: c a person who holds an endorsement wishes to have that endorsement cancelled. In section 78(2), replace or employer licence holder with employer licence holder, or person who holds an endorsement . In section 78(3),— a after registered person , insert or person who holds an endorsement ; and b replace or practising licence with , practising licence, or endorsement in each place. In section 78(5),— a after or employer licence holder , insert or person who holds an endorsement ; and b replace that the registration or practising licence (or both) of the registered person, or the licence of the provisional licence holder or employer licence holder, with that their registration, licence, or endorsement (as relevant) . Replace section 78(6)(a) with: a the registered person’s registration, practising licence, or endorsement (as relevant) be cancelled; or 29 Section 79 amended (Restoration of registration or licence) In the heading to section 79, replace or licence with , licence, or endorsement . In section 79(1), replace or licence with , licence, or endorsement . In section 79(2), replace or licence with , licence, or endorsement . In section 79(2)(a), after licence , insert , or have their licence endorsed as a self-certification endorsed plumber or drainlayer . 30 Section 80 amended (Board may direct Registrar to record cancellation, suspension, or order) In section 80(a) and (b), replace or of a licence with , of a licence, or of an endorsement . 31 Section 89 amended (Disciplinary offence) In section 89(c), replace or licence with , licence, or endorsement . After section 89(f), insert: fa to have failed to have complied with section 87AF (relating to certificates of compliance); or 32 Section 106 amended (Disciplinary powers of Board) In section 106(1)(a),— a subparagraph (i), replace the person’s registration or practising licence (or both) with the person’s registration, practising licence, or endorsement (or any combination of those) ; and b subparagraph (iii), replace or re-licensed with , re-licensed, or re-endorsed . In section 106(1)(b) and (c), replace the person’s registration or practising licence (or both) with the person’s registration, practising licence, or endorsement (or any combination of those) . After section 106(2)(c), insert: d file any specified return. 33 Section 111 amended (Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction) In section 111(1)(a) and (b), replace or provisional licence with provisional licence, or endorsement . In section 111(2), replace or a licence with , a licence, or an endorsement . 34 Section 121 amended (False declarations and representations) In section 121,— a replace $10,000 with $20,000 ; and b after renewal of a licence, , insert endorsement, renewal of endorsement, . 35 Section 122 amended (Unlicensed or unregistered person must not claim to be licensed or registered) Replace the heading to section 122 with Unlicensed, unregistered, or unendorsed person must not claim to be licensed, registered, or endorsed . In section 122, replace $10,000 with $20,000 . In section 122(a),— a after work , insert or not being endorsed under Part 2 to self-certify self-certifiable plumbing or self-certifiable drainlaying work ; and b in subparagraphs (i), (ii), and (iii), replace or licensed with , licensed, or endorsed . In section 122(b),— a after work , insert or not being endorsed under Part 2 to self-certify self-certifiable plumbing or self-certifiable drainlaying work ; and b replace or licensed; with , licensed, or endorsed; . In section 122(c), replace or licence with , licence, or endorsement . 36 Section 125 amended (Other offences related to sanitary plumbing, drainlaying, or gasfitting) In section 125(3), after issued insert or endorsement granted . 37 Section 126 amended (Certificate by Registrar to be evidence of various matters) In section 126(2)(a), after of licence insert or endorsement . In section 126(2)(c), replace or licence with , licence, or endorsement . 38 Section 137 amended (Functions of Board) In section 137(d), after issued insert and endorsements are granted . After section 137(d), insert: da to prescribe the minimum standards that a person must meet in order to be eligible for endorsement as a self-certification endorsed plumber or drainlayer: db to assist the chief executive (as defined in section 7(1) of the Building Act 2004) in their monitoring of the impact of Part 2AA on the performance of the building sector under the Building Act 2004: In section 137(g),— a replace and licences with , licences, and endorsements ; and b replace and issue licences with , issue licences, and grant endorsements . In section 137(j), after licences , insert and endorsements . In section 137(k)(i), replace and employer licence holders with employer licence holders, and persons holding endorsements . After section 137(k), insert: ka to audit self-certification endorsed plumbers and drainlayers under section 56A : kb to audit certificates of compliance issued under Part 2AA : 39 Section 142 amended (Board may prescribe fees) After section 142(1)(b), insert: ba an application for an endorsement under Part 2: bb an application to renew an endorsement under Part 2: 40 New section 143A inserted (Levy relating to endorsement) After section 143, insert: 143A Levy relating to endorsement 1 The Board may, by notice, impose on every self-certification endorsed plumber or drainlayer an endorsement levy of any amount it thinks fit for the purpose of funding the costs arising out of auditing self-certification endorsed plumbers and drainlayers under section 56A and certificates of compliance under section 87AJ . 2 Any notice imposing any levy under this section may exempt from liability to pay the levy any class or classes of registered person, and may provide for the waiver or refund of any levy. 41 Section 145 amended (Further provisions relating to fees, levy, and forms) In the heading to section 145, replace levy with levies . In section 145(1AAA), replace or 143 with , 143, or 143A . In section 145(3), after section 143 insert or 143A . 42 Section 151 amended (Form and content of annual report) In section 151(1)(a),— a after subparagraph (vi), insert: via the number of persons who hold an endorsement as at the end of the period: vib the number of persons who applied for endorsement under Part 2 during the period: vic the number of persons who were granted an endorsement under Part 2 during that period: b in subparagraph (vii), replace or licence with , licence, or endorsement ; and ba after subparagraph (vii), insert: viia the number of certificates of compliance lodged with the Board under section 87AF during that period: viib the number of and outcome of audits conducted under sections 56A and 87AJ during that period: c in subparagraph (x), replace or the issue of licences with , the issuing of licences, or the granting of endorsements . 43 Section 162 amended (Appeals) After section 162(1)(a), insert: aa any decision of the Board to decline to endorse the person as a self-certification endorsed plumber or drainlayer or to decline to renew the endorsement of the person: In section 162(1)(d), replace or licence with , licence, or endorsement . In section 162(1)(e), replace or licence with licence, or endorsement . 44 Section 172 amended (Regulations) After section 172(1)(f), insert: fa defining the following terms for the purposes of Part 2AA : i self-certifiable drainlaying: ii self-certifiable plumbing: fb prescribing the information that must be included in a certificate of compliance under section 87AE or in the accompanying supporting documents under section 87AF : 45 Section 172C amended (Requirements before making certain regulations) In the heading to section 172C, after regulations , insert relating to self-contained vehicles . 45A New section 172D inserted (Requirements before making certain regulations relating to self-certifiable drainlaying and plumbing work) After section 172C, insert: 172D Requirements before making certain regulations relating to self-certifiable drainlaying and plumbing work The Minister may recommend the making of regulations under section 172(1)(fa) only if the Minister is satisfied that the drainlaying and sanitary plumbing work being defined as self-certifiable drainlaying or self-certifiable plumbing— a is routine work for an experienced drainlayer or plumber; and b is not complex drainlaying or plumbing; and c poses a low risk to the health and safety of the public. 46 Schedule 1AA amended In Schedule 1AA ,— a insert the Part set out in Schedule 2 of this Act as the last Part; and b make all necessary consequential amendments. 1 New Part 6 inserted into Schedule 1AA of Building Act 2004 6 Provisions relating to Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Act 2025 18 Interpretation In this Part,— 2025 amendment Act means the Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Act 2025 commencement date means the commencement date under section 2(1) of the 2025 amendment Act. 19 Application of sections 49(1A) and 89A Sections 49(1A) and 89A (as inserted by the 2025 amendment Act) only apply to building consents applied for after the commencement date. 2 New Part 2 inserted into Schedule 1AA of Plumbers, Gasfitters, and Drainlayers Act 2006 2 Provisions relating to Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Act 2025 4 Interpretation In this Part,— 2025 amendment Act means the Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Act 2025 chief executive has the same meaning as given in section 7(1) of the Building Act 2004 first commencement date means the day after the 2025 amendment Act receives Royal assent second commencement date means the commencement date under section 2(1) of the 2025 amendment Act. 5 Application of sections 87AA to 87AF Sections 87AA to 87AF (as inserted by the 2025 amendment Act) only apply to self-certifiable plumbing and self-certifiable drainlaying work for which a building consent was applied for under section 45 of the Building Act 2004 after the later of the second commencement date or the date that the first notice referred to in clause 7(2) comes into force. 6 Application of section 87AI Any section referred to in section 87AI as a section in relation to which the chief executive has a function must be treated as having commenced on the first commencement date for the purpose of the chief executive carrying out that function. 7 Application of section 145 1 Despite section 145(1AAA), the first notices issued by the Board under each of sections 142(1)(ba) and (bb) and 143A after the first commencement date may come into force at any specified time after each notice is published. 2 Despite section 145(1), the first notice published under section 144 prescribing the form of an application for an endorsement under section 51B after the first commencement date may come into force at any specified time after the notice is published. 8 Application of section 146 Any money held, or invested, by the Board under section 146 immediately before the first commencement date may be applied by the Board under that section in the performance or exercise of its functions, duties, and powers as amended by the 2025 amendment Act.

Hansard

May 26, 2026

Building and Construction Sector (Self-certification by Plumbers and Drainlayers) Amendment Bill — Committee of the whole House · Full day report

Committee of the whole House Part 2 Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006, and Schedule 2 CHAIRPERSON (Teanau Tuiono): Members, we now come to Part 2. This is the debate on clauses 14 to 46—“Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006”—and Schedule 2. The question is that Part 2 stand part. ARENA WILLIAMS (Labour—Manurewa) (20:55): Well, this is the guts of it. This is a bill that changes the occupational licensing regime for plumbers and gasfitters, and we are into the clauses which change the requirements for their professional body and the fees that they pay and the ways that they are disciplined. So, this is it, and I would like to start with the Minister for Building and Construction’s new section 51A, in clause 17. I have an amendment to this clause which I enthusiastically welcome his support for, but I won’t talk about that yet, because I have a bugbear and I would like to get him on board with my bugbear, which is “(e) have paid the prescribed fee”. Minister, as the former chair of the Regulations Review Committee, you must agree with me that these professional bodies—who look at legislation passed by this Parliament that says “pres…
Read full Hansard debate
Committee of the whole House Part 2 Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006, and Schedule 2 CHAIRPERSON (Teanau Tuiono): Members, we now come to Part 2. This is the debate on clauses 14 to 46—“Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006”—and Schedule 2. The question is that Part 2 stand part. ARENA WILLIAMS (Labour—Manurewa) (20:55): Well, this is the guts of it. This is a bill that changes the occupational licensing regime for plumbers and gasfitters, and we are into the clauses which change the requirements for their professional body and the fees that they pay and the ways that they are disciplined. So, this is it, and I would like to start with the Minister for Building and Construction’s new section 51A, in clause 17. I have an amendment to this clause which I enthusiastically welcome his support for, but I won’t talk about that yet, because I have a bugbear and I would like to get him on board with my bugbear, which is “(e) have paid the prescribed fee”. Minister, as the former chair of the Regulations Review Committee, you must agree with me that these professional bodies—who look at legislation passed by this Parliament that says “prescribe a fee, please.”—when those professional bodies say, “The fee is the fee.”, surely that’s not legal? Surely it is not within their power to look at legislation that says “have a prescribed fee” and for the professional body to say, “The fee is whatever I say it is on the day.”—but tons of them do it, Minister. This is your opportunity to say very clearly to the future board—the enthusiastic, bright-eyed, bushy-tailed board that you will appoint—that, when you say “prescribe a fee”, you put a dollar amount, and if you can’t put a dollar amount, you put an hourly rate that is in line with the Legislation Design and Advisory Committee’s guidelines, and that is in line with the intention of Parliament. Surely, it can never be that it would be in line with Parliament’s intention that, when Parliament wants you to set a fee which is known and knowable in the law and you are going to use the coercive power of the State to force people to pay your fee, it can be whatever you want it to be on the day. Surely, Minister, you agree with me? Hon CHRIS PENK (Minister for Building and Construction) (20:56): Thank you, Mr Chair, and I thank that very enthusiastic member of the Regulations Review Committee. CHAIRPERSON (Teanau Tuiono): Somebody has to be enthusiastic about it. Hon CHRIS PENK: I think that if the fee were not prescribed, maybe even not prescribed in a manner that she was comfortable with, she or any other person could make a complaint to the Regulations Review Committee, thereby generating some work for herself, because she’s so passionate on the matter. ARENA WILLIAMS (Labour—Manurewa) (20:57): This is a problem. It is a problem that the Minister for Building and Construction thinks it is OK for a professional body to set prescribed fees, to say, “Fee.” There should be a table of fees that people can know from one year to the next. If I paid $80 last year for my registration fee, this year I should pay $80 again, or I should pay $85, and I should be able to say, “Why has it gone up $5?” I shouldn’t have to say, “It might be a thousand dollars; I don’t know—it will just be at cost, or it will be ‘the fee’.” That is a problem. It’s a problem for our hard-working professionals, and now it applies to tradies. It’s not fair that some very hard-working, often low-paid people will have to pay a fee of whatever the board chooses it to be, but that is a matter for the future chair of the Regulations Review Committee. Minister, I will now turn to my amendment which would make it a professional requirement for practitioners who wish to take advantage of the self-certification regime to hold professional insurances. CHAIRPERSON (Teanau Tuiono): What’s the number of the Amendment Paper? ARENA WILLIAMS: The number of my Amendment Paper is 575. It would insert a new section which just requires the holding of a $5 million professional liability insurance. The Minister might argue that $5 million is a line in the sand, but that is the number that has been submitted upon pretty widely, not only in his consultation but in the consultation of the select committee, and it’s supported by Master Plumbers, who say, about the $5 million professional liability insurance, that that is a sort of standard industry practice—that they, as a professional body, encourage their members to hold that in public liability insurance and that that is an appropriate amount. We will never be able to prescribe exactly the right amount for exactly the right kind of broad-based, industry-wide levy, but this would be a huge improvement to make sure that there is an industry standard and that, in situations where things go wrong, there is a backstop for mums and dads who are getting this kind of plumbing work done, or new homeowners or, you know, the people who rely on the plumbing work to be done to a professional standard—that they can just generally know that, in New Zealand, plumbers are required to hold this insurance, and so they can call on that and it won’t necessarily come down to their relationship with the plumber about whether they get things fixed, or the ability of a plumber with deep pockets to meet continued, ongoing costs in the future. It would be just an industry standard where this is something that can be called on by plumbers who have done broadly the right thing, met their professional obligations, but things have gone wrong through not fraudulent or reckless fault but fault that one might expect in this kind of industry, where these things are going on under the ground. We’re not always going to get it right. They’re behind walls; they’re not visible. There will also be situations, years on, where the problem comes to light and people didn’t anticipate this problem. It is a bit different from some of the other professions, like, say, sparkies, where those problems might come to light much earlier. This is something where professional liability really makes sense because of the nature of the sorts of problems and the kind of time frame that we’re talking about for ordinary consumers. This would be a sensible amendment that he should adopt today. Hon CHRIS PENK (Minister for Building and Construction) (21:01): Thank you, Mr Chair. Previously in debate, we’ve canvassed a number of different issues or themes that all directly respond to the proposal that the member is making. One is that detail is more appropriately contained in regulation rather than primary legislation; that would allow flexibility. We’ve also talked about the board being empowered to make a set of rules, essentially, that govern the way in which the occupation or the profession would conduct its business. I think it’s appropriate that setting out the civil liability, as we’ve alluded to before, professional indemnity insurance being an element of that, would more appropriately sit with them. As it happens, in terms of the amount that’s proposed by the member, it seems to me that $5 million would be too high an amount and thereby would preclude their participation in the scheme, and perhaps even the participation in the occupation by a number of plumbers, and that would be a shame. That would go counter to the idea of us being more enabling, as I think we all intend. TANGI UTIKERE (Labour—Palmerston North) (21:02): Meitaki maata, Mr Chair. I want to ask the Minister for Building and Construction questions about new sections 51B and 51C, inserted by clause 17. This is the process for someone that wants to get endorsement for self-certification. They, basically, send that off, and we certainly hope that under new section 51B(1)(a)—it just says that the application must be “sent or delivered to the Registrar”. We’re in the sort of age in this Parliament where we’re starting to ensure that any pieces of legislation are all-encompassing in terms of electronic means and all those sorts of things. We certainly hope—and I hope that the Minister can confirm—that that’s the intent there, that it’s not meant to be prescriptive around being sent via postal means, because that’s actually quite difficult at the moment. I’m just wanting to check on that. When we look at new section 51C—so this is where an application has been received, and then there’s a requirement under section 51B(2) for the registrar to refer for consideration to the board the application. Now, one of the interesting things around new section 51C(2) is that it’s talking about how, in a circumstance where an applicant has already on a prior occasion had their endorsement either suspended or cancelled, the board would have to look at the reasons behind that. But, if we’re wanting this to be a streamlined process, for it to be efficient, for there to be no double-handling, there’s nothing in there that actually allows for the applicant perhaps to put forward their reasons or their case, so to speak. That comes, actually, in new subparagraphs (c)(i) and (ii), where, if the board formed the view that, actually, there’s going to be an adverse outcome for an applicant, they go back to the applicant and ask them to sort of put forward some information there. I’m just wanting to get some clarity from the Minister around: is this effectively drafted in a way that allows for that efficient consideration of applications? There is section 51B that talks about the nature of the information contained by the board, but I’m just wanting to ensure that there is as smooth a process as previously for those that might be identified, because it’ll be someone who is already in that category, and it might be that they have a different form they need to fill in. I’m wanting to make sure that that information is captured so that the board is not double-handling—you know, the person has to wait another two months, or what have you, depending on when the board meets to consider these matters, and it could’ve actually been dealt with all in the first go, so to speak. Hon CHRIS PENK (Minister for Building and Construction) (21:04): Mr Chair, thank you. I thank the member for his question. I think we all want a system that is both effective and efficient. The efficiency speaks to avoiding double-handling where that is not necessary. Effectiveness, of course, goes to having people who are endorsed who we would want to be endorsed and those whom we wouldn’t not being endorsed. I trust that’s clear. I think, in terms of people who would be applying for an endorsement, clearly most plumbers would not fit in the category of previously having had an endorsement cancelled or suspended, so we’re down to a relatively small number of such applicants. In terms of the reasons for that prior cancellation or suspension, not only under section 51(2)(c), which the member identifies, but also at paragraph (b), the requirement to observe the rules of natural justice, I think it’s clear that that would include the right to be heard. If one were to express the reasons that one should have an application approved, notwithstanding that one had previously been cancelled or suspended, I think that’s a reasonable opportunity and not inefficient for a person to be given that opportunity to do that, whether or not, of course, the board would then accept that explanation and then decide to issue a new endorsement. In terms of the first question of Mr Tangi Utikere, I would say yes. Clearly, in my view, as I’m sure others of this generation of lawmaking, it wouldn’t be the case that we would require hard copies or even facsimiles, as my youthful colleague Mr Ryan Hamilton suggested, perhaps in jest. But, of course, at paragraph (b), under section 51B(1), the application must “be in the form required by the Board;”. I would think it’s not beyond the wit of the board to state that an electronic method of making the application might be acceptable. ARENA WILLIAMS (Labour—Manurewa) (21:06): Thank you, Mr Chair. I’m just moving to section 51E, on page 10. This is the regime which is, basically, on speed rails for a certain sort of work, which is good and which we agree with, but I want to get the Minister’s clarification on what sort of conditions he anticipates in that sort of regime. These are the kinds of conditions for things—like, if you have dentists who face complaints about malpractice and go through a disciplinary proceeding, you might end up with a condition about the sorts of practice they can do: they can’t do that kind of extraction any more, or they can’t work with, say, other junior dentists—to pick on dentists. This is a different sort of regime than that, in that the intention is that highly qualified, longstanding, upstanding members of the plumbing profession will be able to use this quicker pathway for all sorts of good reasons, including lower costs and more efficiency for consumers. Are the conditions that he anticipates more like professional conditions that relate more to the code of conduct, or are they more like practice conditions, in which case you might need a list with graded types of work, which we at the committee couldn’t consider, because those regulations to be introduced under section 76 of the primary Act aren’t available to us at this point? Hon CHRIS PENK (Minister for Building and Construction) (21:08): Thank you. I’m fascinated by the dentistry analogy. Arena Williams: I like to pick on them. Hon CHRIS PENK: Well, this is starting to feel like pulling teeth, so the extraction analogy is a good one. Of course, the Crown does take interest in such matters. To answer your question, I mean, it’ll be hypothetical only. It’s not for me to do the work of the board to say what kinds of terms and conditions, other than to point out that they are of the kind referred to in section 30, but I can imagine a world in which conditions might include a certain type of work that a practitioner would be allowed to do or not. ARENA WILLIAMS (Labour—Manurewa) (21:08): Thank you, Mr Chair. This is a new line of questions. I’m on section 56A, at page 12. The audit specifications and the way that work would be considered by not only the board but others in the profession was something that did come up with submitters, and so I want to ask the Minister—this is something that the board submitted on as well, where they might need to ask questions and raise questions about professional competence or the completion of work—whether he considered in his proposals an ability for others in the profession to raise conduct and quality questions with the board? He will be familiar with the conditions of the rules of client care for lawyers, where there’s a very, very stringent provision, and not what I’m proposing here, but lawyers are required, where they see professional misconduct or work that is not completed to a high standard, to report that to the Law Society. There’s a step down from that, though, rather than requiring, where you have, say, a plumber who has gone into a property and undertaken work and has seen that work completed before was not to a high standard or raised questions around professional competency, or documentation that they have access to also reveals some professional incompetency—whether there is an ability to feed that through to the board. This goes to their audit powers, because they currently have a sort of self-initiated stream, where they are able to undertake looking into work that is completed by plumbers that they want to look into where complaints have come to them, but they don’t have, I think, the ability to consider issues which are raised with them by other members of the profession around the professional conduct of their members. That, to me, seems like a useful provision to go hand in hand with those abilities. I’m not suggesting here that he should embark on requiring plumbers to dob each other in, but I am suggesting that where that comes up—and for the provisional plumbers who I have spoken to, that is an issue; they know who the cowboys are in their area—there should be an ability for the board to consider that evidence and to have a process for managing that. Hon CHRIS PENK (Minister for Building and Construction) (21:11): Thank you. I agree. TANGI UTIKERE (Labour—Palmerston North) (21:11): Thank you, Mr Chair. My question for the Minister is around an endorsement under section 51E that is given but is subject to terms and conditions. We’ve covered this a little bit, but where someone has previously been endorsed subject to terms and conditions and they seek to lodge a new endorsement application at some stage in the future, they would do that, as I understand, under sections 51B and 51C, because it’s not a renewal under section 51H. As it stands currently, can the Minister confirm that there would be no requirement for the board to consider any aspects of terms or conditions of a previous endorsement that is not sought to be renewed? Under the items that the board would be required to consider under section 51C, it only relates to previous cancellation or suspension of an endorsement, not a circumstance where terms or conditions may have been applied to an active endorsement. If that is the case, is that the Minister’s intention in progressing this bill, that, basically, someone subject to a term and condition who may reach the end of that particular time frame or time period—should there be a provision where there is an ability for the board to consider the fact that someone has previously held terms and conditions on endorsement? Hon CHRIS PENK (Minister for Building and Construction) (21:12): Thank you, Mr Chair. I first thought about this kind of scenario about 30 seconds ago, and having reflected upon it for the last half minute, it seems to me that it’s not my intention that we would wish to preclude the board from considering any relevant factors that they know about an application, notwithstanding that, as the member has quite rightly pointed out, there are provisions that set out applications anew, so to speak, but also applications for an additional or renewal of endorsement. ARENA WILLIAMS (Labour—Manurewa) (21:13): Thank you, Mr Chair. My questions relate to sections 87AD, 87AF, and 87AG, on page 14. These are the certificate of compliance requirements for the new board. The question is— CHAIRPERSON (Teanau Tuiono): Sorry, what was that—87AD— ARENA WILLIAMS: AD, AF, and AG—particularly the public register provision at the bottom of that page, sir. My question is about the keeping of that public register being a publicly available document, and the board, and having a role in making sure that the public has information. That is a role which is required in legislation because it is intended to offer sunlight and transparency as a deterrent for different sorts of behaviour which would mislead consumers, in that the issuing of, say, these signature sales that Master Plumbers and others drew the committee’s attention to might be noticed, but it also is a useful tool for consumers to look back on what sort of work has been carried out by their plumbing professionals. My question is: no liability arises for plumbers who give these certificates, but does liability arise for the board? Should the board be able to look at 100 certificates registered in one day from Shanan Halbert and say, “He probably can’t do 100 jobs.”, or should the board also have some sort of check on three jobs from Ryan Hamilton and know that Ryan Hamilton could not complete those three jobs in that time? The question is: what liability arises for the board in the provision of that public document? Is it intended to be a check and balance on the system? Is it a professional liability - keeping tool? Is it meant to be sensible, or is it simply an exercise in publishing exactly what is given to the board on any given day? Hon CHRIS PENK (Minister for Building and Construction) (21:15): I don’t anticipate any such liability. CHAIRPERSON (Teanau Tuiono): Andy Foster. Tom Rutherford: I move that debate on this question now close. ANDY FOSTER (NZ First) (21:15): Sit down, you. Be quiet! Ha, ha! I have one question, and I think the Minister for Building and Construction will know the question that I’m going to ask. Tangi Utikere: Oh, a question from a Government member! ANDY FOSTER: It’s clearly a popular question. In this regime—I’m particularly looking, probably, at section 53 of the Act—if somebody’s passing themself off as something they’re not—obviously we’ve got plumbers, and then we’ve got the certifying plumbers, but also people who don’t have the qualifications that are required—what sits behind this in terms of a penalty regime to dissuade people from doing that and to penalise people from passing themselves off as something they are not? I hope the question is clear. It’s a question I’ve asked you before. Hon CHRIS PENK (Minister for Building and Construction) (21:16): Thank you, Mr Chair. CHAIRPERSON (Teanau Tuiono): I don’t think 53 is— Hon CHRIS PENK: I think the Chair is pointing out that 53 isn’t here, but if he and the committee will indulge me, I understand the thrust of Mr Foster’s question. Andy Foster: Well, I’ll take you to Subpart 2, if you want—section 53. It’s the amendment. Hon CHRIS PENK: Thank you. Well, let’s count it as runs on the board for later then, please. If there is a matter of fraud, then that would be handled in the way that is currently the case, which is to say that we’re setting out requirements for those who state that they have certain characteristics and that they are who they say they are. At the moment, the board, I would assume—but this is not either legal advice or a matter of legislative amendment—would be able to act upon any indications that that person is not acting in a way that is honest or upfront in terms of their application. Certainly, with the codes of ethics that are being handled elsewhere on the statute book—namely the Building and Construction Sector (Strengthening Occupational Licensing Regimes) Amendment Bill—hopefully there would be some sort of dissuading of dishonest conduct. I think there is a point that the member might be raising around the fact that occupational licensing schemes tend to capture only their own members, so if someone’s outside that scheme and passes themselves off, for example, as an engineer or a plumber for that matter, and not being either of those things, then we’ve got a problem. But it’s not a novel problem, and it’s not one that we either exacerbate or solve in this legislation. So, to that extent, with all due respect, it seems to me that it’s out of scope. ANDY FOSTER (NZ First) (21:17): Can I just follow that up? That is the heart of the question. I didn’t hear anything in that that says it’s not a novel problem, but we have an answer to that, and that’s a penalty regime. Of course, at the moment, we’re reliant on council inspection processes, and everybody is aware of that, and that would no longer be the case in some cases with self-certifying plumbers. If somebody’s passed themself off as something that they are not, what is the penalty regime to discourage that and to give people confidence in the regime and the processes going forward? That’s the heart of what I want to hear from you. If there isn’t something, I suggest it’s something that thought needs to be given to. Hon CHRIS PENK (Minister for Building and Construction) (21:18): Thank you to the member for the question and indeed the advice. I didn’t have much of a litigation career as a lawyer, but I did once represent a fellow who was doing work that was only able to be undertaken by a plumber proper. He was not a plumber proper—he probably wasn’t proper in many regards, but it’s another story for another day—but the penalty regime, I understand, contemplated by what we’re legislating here does relate to a person misrepresenting himself or herself as qualified to be a self-certifier, but not in terms of whether they are a plumber at all, or not in the first place. ARENA WILLIAMS (Labour—Manurewa) (21:19): Thank you, Mr Chair. My question is about clause 19, on page 16, about the review of competence. There are no provisions in this part to prescribe fees that would be paid for a review of competence or the work that would be undertaken by the board. That creates an incentive, I guess, for the board to charge a fee for things they can charge for, which is either renewals or other things—say, a review of something like a condition. I wanted to ask the Minister for Building and Construction whether that is intended because, when you have fees—obviously they’re not penalties, and they can’t be penalties—if the board isn’t properly empowered to be able to recover the costs of considering that sort of review, then it would be ordinary for them to look to recover those costs in some other sort of fee, which might start looking very like a penalty. Or is it his intention that another part of the regime gives rise to fees that would be able to be used in the review of confidence for a self-certifying plumber somewhere else in the provisions? I don’t see that. That will be very important, and that will come up probably most often for the board in assessing whether someone should continue to be a self-certifying plumber, but given that they give these endorsements for three years, simply using the renewal provisions to be able to enforce that doesn’t seem like a useful way of doing it when quite a lot of work can happen in three years. TANGI UTIKERE (Labour—Palmerston North) (21:21): Thank you, sir. I thank the Minister for Building and Construction for his answer to my earlier question, and his point that he believes that the board should be able to consider any other sort of stuff that it wishes to—I certainly have a level of comfort around that. But is there a requirement to specify that in the bill, given that there is already guidance as to what the board must consider? It might be that the Minister does not believe that’s the case, but, if so, where is the provision that would allow the board to be able to do that? My other question was on clause 17A—this is the new section 56A. This has been inserted by the Transport and Infrastructure Committee, and it’s an ability for the board to initiate some audit when it chooses to do so. This really, I think, is what you would expect with professional bodies of this nature where there is an opportunity at any time for any circumstance for an audit to be undertaken to ensure that the robustness still exists within the regime. My question to the Minister is: does he have any expectations around where that information might be reported? Not the specific details of what was audited and what the outcomes were, but specific numbers to provide public confidence in a new system of self-certification and in terms of where he might have expectations around where that information might be publicly reported or available for accountability purposes. Hon CHRIS PENK (Minister for Building and Construction) (21:22): Mr Chair, thank you very much. I thank the member for his various questions. Harkening back to that previous one, it doesn’t seem to me that it’s necessary to specify that the board can take into account information that reaches their desk, whether or not provided in one application or the other. I suppose reasonable minds could differ on that, but at least to answer the question at face value, that’s not something that I consider to be necessary. As for the audit provisions—and of course audit is a mechanism by which we can be as enabling as possible within the regime as a whole, but also provide some measure of public confidence, to use that phrase that the member himself used, by having the possibility that the work would be checked. I think, for me, it’s a feature not a bug of the system that we are deliberately quite open-minded about what that might look like. It’s a new system for everyone to get their head around, and I think to allow the board some flexibility in terms of the number, but also the nature of such audits is helpful at this stage of the life cycle of the new regime. RYAN HAMILTON (National—Hamilton East) (21:23): I move, That debate on this question now close. A party vote was called for on the question, That the debate on this question now close. Ayes 67 New Zealand National 48; ACT New Zealand 11; New Zealand First 8. Noes 54 New Zealand Labour 34; Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi. Motion agreed to. CHAIRPERSON (Teanau Tuiono): The question is that the Minister’s amendments to Part 2 set out on Amendment Paper 578 be agreed to. Amendments agreed to. CHAIRPERSON (Teanau Tuiono): The question is that Arena Williams’ amendment to Part 2 set out on Amendment Paper 575 be agreed to. A party vote was called for on the question, That the amendment be agreed to. Ayes 54 New Zealand Labour 34; Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi. Noes 67 New Zealand National 48; ACT New Zealand 11; New Zealand First 8. Amendment not agreed to. CHAIRPERSON (Teanau Tuiono): Arena Williams’ amendments to Part 2 set out on Amendment Paper 576 are out of order as being inconsistent with a previous decision of the committee. A party vote was called for on the question, That Part 2 as amended stand part. Ayes 101 New Zealand National 48; New Zealand Labour 34; ACT New Zealand 11; New Zealand First 8. Noes 20 Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi. Part 2 as amended agreed to. A party vote was called for on the question, That Schedule 1 stand part. Ayes 101 New Zealand National 48; New Zealand Labour 34; ACT New Zealand 11; New Zealand First 8. Noes 20 Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi. Schedule 1 agreed to. CHAIRPERSON (Teanau Tuiono): The question is that the Minister’s amendment to Schedule 2 set out on Amendment Paper 578 be agreed to. Amendment agreed to. A party vote was called for on the question, That Schedule 2 as amended stand part. Ayes 101 New Zealand National 48; New Zealand Labour 34; ACT New Zealand 11; New Zealand First 8. Noes 20 Green Party of Aotearoa New Zealand 14; Te Pāti Māori 4; Ferris; Kapa-Kingi. Schedule 2 as amended agreed to.

Documents and supporting material