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Angus v Plumbers Gasfitters and Drainlayers Board [2019] NZDC 18934

Published 07 March 2022

Reserved decision — certification — appeal — minimum standards for registration — Plumbers, Gasfitters and Drainlayers Act 2006, ss 30, 31, 36, 37, 40, 41, 162 & 164 — Plumbers, Gasfitters, and Drainlayers Board (Plumbing Registration and Licensing) Notice 2016 — Angus v Plumbers, Gas Fitters and Drainlayers Board [2017] NZDC 24136 — Angus v Plumbers, Gasfitters and Drainlayers Board [2018] NZHC 2299. The appellant appealed against a decision of the Plumbers, Gasfitters and Drainlayers Board ("the Board") declining his registration as a certified plumber. The appellant had failed the relevant certifying plumber examination, but his previous attempts for recourse through the Courts were unsuccessful due to a lack of jurisdiction under s 162 of the Plumbers, Gasfitters and Drainlayers Act. The appellant had subsequently applied to the Board for registration and been refused, satisfying s 162. He put forward that the Board had failed to observe natural justice in considering his registration application, had acted unreasonably, and had made an error of fact in its decision not to award a passing mark in the requisite exam. The Court held that while the appellant's application for registration and subsequent decline from the Board under s 41 was prima facie an appealable section, the exam mark fell within the minimum standards referred to in s 36(b) which rendered it unappealable. The appeal was accordingly dismissed. Judgment Date: 9 October 2019.

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