Construction Occupations (Licensing) Act 2004

This section applies if—

the registrar has given an entity notice under section 34; and

the entity provided the construction service, or part of the construction service, to which the notice relates; and

after considering any submissions made within the time mentioned in the notice, the registrar is satisfied—

the entity is contravening, or has contravened, this Act or an operational Act; and

it is appropriate to make a rectification order in relation to the entity; and

if the registrar has accepted a rectification undertaking from the entity in response to the notice—the entity has failed to comply with, or has withdrawn, the undertaking.

If deciding under this section whether it is appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36.

A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

The registrar may make an order under section 38 (Rectification orders) in relation to the entity.

If the registrar makes an order under section 38 in relation to an entity, the registrar may also make an order under section 38 in relation to—

if the entity is a corporation—a director of the entity; or

if the entity is a partnership—

a partner of the partnership; or

a director of a corporation that is a partner of the partnership.

If the entity has failed to comply with, or has withdrawn, the rectification undertaking, the registrar may make an order under section 38 in relation to the entity without giving the entity another notice under section 34.

However, the registrar may only make an order under section 38 in relation to the entity before the latest of the following:

if the registrar first became aware of the act that caused the contravention within 6 months before the end of the 10-year period—1 year after the registrar became aware of the act; or

if the registrar gave the entity a notice under section 34 before the end of the 10-year period—1 year after the entity was given the notice; or

in any other case—the day the 10-year period ends.

In this section:

the day the act that caused the contravention happened or ended;

the day any certificate was issued by the registrar under any of the following provisions of the Building Act 2004 in relation to the building the subject of the construction service:

section 69 (Certificates of occupancy);

section 71 (2) (Certificate for building work involving demolition);

section 72 (2) (Certificate for building work involving erection of structure);

section 73 (Certificates of occupancy and use for owner‑builders).