Occupational regulation submission released

The Ministry of Building, Innovation and Employment (MBIE) has released the summary of submissions to its latest consultation process

In February 2023, MBIE launched a public consultation inviting feedback on the proposed changes to:

• The licensing and supervision areas for the Licensed Building Practitioners (LBP) regime and the competencies and minimum standards that must be met to be licensed.
• The scope of a proposed Code of Ethics for plumbers, gasfitters and drainlayers, and electrical workers.
• The future of the Registered Architects Act 2005.

The reform of occupational regulation is part of a series of changes to the wider building control system called the Building System Reform.

The consultation received 643 responses from stakeholders across the building and construction sector. Of the 643 submissions, 115 were sent in by registered architects and architectural graduates. There were 111 submissions from LBPs or Design LBPs, 75 submissions from licensed electricians, 19 submissions from plumbers, gasfitters and drainlayer licensees and 11 from building consent authorities.

Supervision

MBIE proposed a licence endorsement for supervisors, where only those assessed as competent could supervise Restricted Building Work (RBW).

“Overall, submissions supported the proposal for a supervision endorsement and for competence testing before obtaining it; however, submissions were split evenly on whether a recognised qualification in supervision should be needed to be eligible for the endorsement,” said MBIE.

Licensing

MBIE asked submitters how accurately they felt the current licence class represented the sector. Overall, submissions felt there should be licence classes added for stonemasonry, plasterboard installation and waterproofing.

MBIE says its proposals for the licensing areas consulted on were as follows:

• Adding stonemasonry as an area of practice to the Bricklaying and Blocklaying class, which would be renamed Construction Masonry.
• Creating a new class for Internal Waterproofing, and amending the definition of RBW to include protection from internal sources of moisture.
• Creating a new class for specialist installers, where the first two areas of practice would be Plasterboard Installation and External Tanking.

“MBIE proposed these options to regulate areas of risk that are currently unregulated (in the case of stonemasonry and waterproofing),” said the submissions report, “and to provide an avenue for specialists to become licensed (in the case of the specialist installer class).”

Code of Ethics

The Government has agreed to introduce regulation-making power to MBIE to establish a Code of Ethics for plumbers, gasfitters and drainlayers and electrical workers. There is support for a Code of Ethics to be introduced amongst submitters, said the report.

“There was agreement amongst submitters that behavioural standards set under Code of Ethics should be consistent across all professions in the building and construction sector.”

Other issues

MBIE received a “significant” number of submissions which argued that a form of mandatory occupational regulation is required for certain design work across the building and construction sector – however, the majority of Registered Architects’ submissions said they had confidence in the current regime and did not want a combined regime with Design LBPs.

That view was not shared by the rest of the sector, said the report.

“Submitters from the rest of the sector had opposing views on roles and responsibilities between architects and other design professionals and how the Registered Architects regime may be exclusive of other design professionals. These submitters generally did not see a difference in design quality between registered architects and other designers.”

The consultation also sought feedback on how to “strengthen entry to the LBP regime”. Submitters said the core competencies and minimum requirements should be strengthened, but did not indicate how to do so.

Over the next 12 months, MBIE will undertake targeted consultation to confirm the changes to the LBP regime’s supervision and licensing areas and, in 2024, consultation will be carried out on the Registered Architects regime, the Plumbers, Gasfitters and Drainlayers regime and the Electrical Workers regime.