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Author Topic: Regulations Review Committe Notice and 2011 Annual Re-licensing  (Read 8814 times)

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Offline Fordy

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Just got this via email from the Board - posting it here in case other members haven't seen it yet:

Quote
Dear Practitioner,

You may have heard that the Regulations Review Committee (RRC) has recommended to Parliament that the Board’s disciplinary levy be disallowed because it has not been set correctly, and  you may be wondering how that affects relicensing this year.

Our advice to you is to relicense as usual. It is not yet known if Parliament will agree to the RRC recommendation, or when it would take effect. In the meantime, you need to ensure that you have a current licence from 1 April if you intend to continue working in the plumbing, gasfitting or drainlaying trades.

 It is also worth noting that the RRC has not said that the Board has set fees that are too high in total but rather that part of the fee has been set under the wrong section of the Act. This will be corrected and is unlikely to result in lower total fees.

 Kind regards,

Max Pedersen
CEO/Registrar



Linkback: https://www.plumbers.nz/licensing-and-up-skilling/45/regulations-review-committe-notice-and-2011-annual-re-licensing/593/

Offline Wal

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #1 on: March 02, 2011, 11:05:24 AM »
The Government and Board have acted with total contempt towards the industry.  Have a look at the "Fellow Practitioners Update" for more on this subject.

This will not be the last you hear of this.  If the Board and Government want all their dirty washing exposed then so be it.


Wal


Offline robbo

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #2 on: March 05, 2011, 04:48:04 PM »
hi guys, my opinion is that we should not pay the relicence fee untill we know the govt decision because if we pay then the rules are disalowed how do we get reinbursed,cheers

Offline Wal

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #3 on: March 06, 2011, 05:18:17 AM »
Hi Guys

Its quite simple about the reimbursement, you don't get one.  It seems the Government has put this topic on their orders list to be addressed in early May once the industry had paid over 2 million dollars in discipline fees which have been recommended to be disallowed.

If you don't pay the fees you won't be issued with a license.  It's corrupt and legalised theft.

Offline robbo

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #4 on: March 06, 2011, 05:41:52 PM »
hi guys/Wal,yes it is simple,i will not be paying any(privilege to work fees)until i hear of the govt decision.  Since the introduction of the employment act of the 90s,we have gone from a union/employer award rate system to a system where all of us constructon workers have to buy a licence to work, i think that it is dissgracefull,cheers,

Offline Jaxcat

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #5 on: March 07, 2011, 11:30:52 AM »
It's worse than that - I talked to our local MP's office and it appears the RRC may have made an oversight not putting a date on the disallowance - so that in effect it causing industry problems - I suspect that you will see some sort of amendment making the disallowance take effect on 31 March 2012 so that a new gazette notice can take effect on 1 April 2012 - thereby meaning that there will be NO reimbursements/refunds.  The Board seem to be taking the tack that they just took the money from the wrong area and they will address that by re-jigging the fees.  There is not mention that they are apologetic for not following the Act at all - oh for the day when a tradesmen can use this argument and get away with it! 
Those who enforce the law should act at all times scrupulously above it and yet we have example after example where the Board have not followed the letter of the law, and when this is pointed out to them by the Government and practitioners they do not even have the decency to say sorry.  Robbo, there's no way around this - you need to  pay your fees to legally work on 1 April 2011 - unless the industry could organise a mass boycott of fee paying it just won't work to with hold your fees - you put yourself and any people you supervise at risk.  Two wrongs don't a right make.  You are better to put pen to paper and write to Minister Williamson who has an output agreement with the board and one of the key measures is a decrease in complaints about the PGDB.

Have you learned lessons only of those who admired you, and were tender with you, and stood aside for you?  Have you not learned great lessons from those who braced themselves against you, and disputed the passage with you?  (Walt Whitman 1819-1891)  American Poet

Offline aboutgas

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #6 on: March 07, 2011, 11:01:07 PM »
Hi Guys

Me thinks its time to organise a industry wide strike. World cup time would be best to cause maximum disruption and embarrass the (dis ) honorable politicians and still before the election so we have a chance of influencing the public into calling for some results.

So how about it?????????
Unless the moral improves the floggings will continue

Offline TS

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #7 on: March 10, 2011, 10:58:43 PM »
Is it just this years disciplinary levy which is being questioned or is it from the first time it was introduced?

What other trade pays a disciplinary levy?

Offline Jaxcat

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #8 on: March 10, 2011, 11:06:58 PM »
The complaint to the RRC dealt specifically with the gazette notice which has the $266 disciplinary levy.  Once disallowed I believe that it rolls back to previous gazette notice which has the $50 disciplinary levy per trade.  However the interesting thing is that this probably wan't done right either.  However it will be interesting to see what happens in May - the PGDB are painting themselves in to a corner on this one. 

Offline TS

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #9 on: March 10, 2011, 11:40:42 PM »
I'm an inspector. I still get my licence every year for the few jobs I will do every year for mates. I will be holding off until after the decision is made this year.

Our disciplinary levy costs more than any other trades whole licence fee. Whats up with that????

Offline aboutgas

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #10 on: March 11, 2011, 09:50:24 PM »
Hi TS don't hold your breath the idiots at the board will find some way around this just to make sure that they don't miss out on there gravy train  >:( >:(

Offline TS

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #11 on: March 13, 2011, 05:20:33 PM »
I say don't pay then. If your inspector is a plumber as well he should show some lenience and not check for the first month or so. Theres more than one council who do this normally as it is due to the cock ups over the last few years getting licences issued from the Board on time.

Offline Jaxcat

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #12 on: March 13, 2011, 05:56:11 PM »
I'm pretty sure that what will happen now is that a MP will move an amendment to the motion put before parliament to make the disallowance effective on 31 March 2012 and that the PGDB will put through a gazette notice for 1 April 2012.  The disciplinary levy will go down and the licence fee will go up so the nett affect will be the same i.e. the fees will be the same or perhaps even more.

I think we have had a pretty clear message from the PGDB to pay the fees this year or else you will be working without a licence.  Mind you if you've seen the newsletter from the Federation with a pic of the licence you'll see its actually called an authorisation card - is this legally a licence??  How will they work the supervision names on the back....  The questions keep on coming and the PGDB keep on making cock ups...

Offline TS

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #13 on: March 15, 2011, 06:37:12 PM »
What makes you think the levy will go down and the license fee up?



Offline Jaxcat

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Re: Regulations Review Committe Notice and 2011 Annual Re-licensing
« Reply #14 on: March 15, 2011, 06:45:21 PM »
The levy will go down because the PGDB cannot charge (within the disciplinary levy) for prosecuting non-licensed tradespeople.  Those prosecuted through the district court (i.e. registered but unlicensed people, and members of the public doing their own plumbing, gasfitting or drainlaying) must be paid for separately - and not accounted for in the disciplinary levy.  This is how the Act reads.  It only allows the PGDB to recover costs related to actual disciplinary action against licensed persons.  So... up until now they have been using the Disciplinary Levy for all the costs associated with prosecutions (both practitioners and non practitioners).  The RRC have said they have mis used their powers and therefore cannot continue to do this.  The PGDB will therefore have to reflect the ACTUAL costs of disciplinary practitioners in the Disciplinary Levy so this will go down, but they still have to prosecute unlicensed people and therefore the only other place this can come from is the actual licence fee, or they impose another levy for prosecuting this group of people.  Either way mate we'll have to pay.
The answer to all of this is to get a slice of the Gas Levy paid by everyone in their energy account (at present the electrical levy on your power bill goes I think to the Electrical Workers Registration Board - and they use it to prosecute non licensed people who do electrical work) - well the gas levy goes to the commerce commission and they get to spend it. We need some of this to go to the PGDB to prosecute unlicensed people who do their own gasfitting (it couldn't legally be used to prosecute those who do plumbing or drainlaying). 
What everyone needs to do - PLEASE - is email Tim Macindoe MP who withdrew the notice of disallowance from Parliament so that the notice disallowing the disciplinary levy and slapping the PGDB for wrongdoing - and ask him why the hell he did that and did not let Parliament democratic process work?  He is the local MP for Hamilton West I think.  tim.macindoe@parliament.govt.nz   A pile of emails might make him rethink whether he has done the right thing.  That


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