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Author Topic: CPD Decision out!  (Read 8796 times)

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Offline TS

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CPD Decision out!
« on: December 13, 2011, 07:00:09 PM »
The PGDB has listened to the submissions and are not going through with the CPD scheme as proposed recently. They're still pushing for it but it will be rewritten. Another year's reprieve at this stage......

Linkback: https://www.plumbers.nz/licensing-and-up-skilling/45/cpd-decision-out/923/

Offline robbo

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Re: CPD Decision out!
« Reply #1 on: December 13, 2011, 07:04:00 PM »
hi guys/Ts, what about the existing gas points system,cheers

Offline TS

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Re: CPD Decision out!
« Reply #2 on: December 13, 2011, 07:08:27 PM »
Still the same I think. Haven't found the release on their website yet, got an email today.

Offline robbo

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Re: CPD Decision out!
« Reply #3 on: December 13, 2011, 07:24:05 PM »
hi guys, in my opinion it should be scrapped as it has been illigal since 2004 when it was introduced and the money returned to gasfitters,cheers

Offline aboutgas

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Re: CPD Decision out!
« Reply #4 on: December 13, 2011, 09:45:08 PM »
hi guys, in my opinion it should be scrapped as it has been illigal since 2004 when it was introduced and the money returned to gasfitters,cheers
I second that Robbo
Unless the moral improves the floggings will continue

Offline robbo

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Re: CPD Decision out!
« Reply #5 on: December 14, 2011, 08:37:05 AM »
hi guys, no change here, would have been nice to get someone more proactive!!cheers
Ministers outside Cabinet
21. Maurice Williamson: building and construction, customs, land information, statistics

Offline TS

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Re: CPD Decision out!
« Reply #6 on: December 14, 2011, 01:07:22 PM »
If its illegal they wouldn't be enforcing it :P

Offline robbo

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Re: CPD Decision out!
« Reply #7 on: December 14, 2011, 01:28:23 PM »
hi guys/Ts, what just like the dissaplinary levy,cheers
 p.s. you would do well on the board!

Offline TS

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Re: CPD Decision out!
« Reply #8 on: December 14, 2011, 09:40:04 PM »
Yep, the disciplinary levy and cpd is completely legal. If not one of us would take them to court and win. Anyone done that?

Offline aboutgas

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Re: CPD Decision out!
« Reply #9 on: December 14, 2011, 09:56:33 PM »
Yep, the disciplinary levy and cpd is completely legal. If not one of us would take them to court and win. Anyone done that?

I would be happy to. If they would just lower our fees I might just be able to afford to  :P

Offline TS

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Re: CPD Decision out!
« Reply #10 on: December 14, 2011, 10:11:55 PM »
If I thought you'd have a chance I'd pay towards it but we don't.

Offline robbo

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Re: CPD Decision out!
« Reply #11 on: December 15, 2011, 07:46:26 AM »
hi guys/Ts, contact wal gordon for details, you may be proved wrong,cheers

Offline TS

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Re: CPD Decision out!
« Reply #12 on: December 15, 2011, 10:45:23 PM »
We're not the ones that need to be proved wrong..........

Offline robbo

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Re: CPD Decision out!
« Reply #13 on: December 16, 2011, 09:07:54 AM »
hi guys, this says it all!!
An interim report submitted to the Board in September this year by an external assessor paid for by the Board,(US) had this to say about CPD under the 1976 Act:

“In this instance, the regulation-making power has been avoided”.

“The Board has delegated to itself the power to make and implement prescriptive conditions for licensing, which were contrary to the legislative intention. The regulatory authority resided in the Governor-General. The Board substituted regulations with a policy, which makes it mandatory for any applicant to complete the CPD points before an application can be considered”.

“The subsequent statutory reference in s 32(a) of the 2006 Act to competence-based conditions of registration does not provide statutory validation for the Board's CBL system or policies. The policies were adopted without regulatory authority in 2003; the policies conflict with the provisions of the 1976 Act; the 2006 Act requires the Board to prescribe registration requirements including competence programmes, by Gazette Notice under s 30; and s 32(b) provides a guiding principle that licensing requirements may not necessarily restrict the registration of licensing”.

The report went on to say this about the 2006 Act:

“Even under the 2006 Act, the Board may only prescribe requirements relating to the completion of competence programmes by notice in the Gazette. It was not open to the Board, in my opinion, for it to impose a mandatory system on applicants, when those mandatory requirements infringed the statutory rights and opportunities of the applicants and was implemented without the relevant considerations of the regulation-making process”.

In essence the independent external assessor in her preliminary report believed the CPD scheme, under both Acts, was implemented without statutory authority. 
The Board have ignored this eminent Queens Counsel’s advice and have continued on pushing the CPD scheme.

Offline TS

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Re: CPD Decision out!
« Reply #14 on: December 16, 2011, 09:31:43 PM »
Thats not a legal decision. Take them to court, its the only way. You could find 20 similar reports from assessors and they still won't change. especially if the Federation keep coming across as unprofessional as I'm afraid they do.

Take them to court or else give it up!


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