56TCCertificates for certifiable work

56TC Certificates for certifiable work

(1)  A regulated entity may determine an application made to it under section 56TB in relation to certifiable work by –

(a) issuing to the applicant a certificate in respect of the work; or

(b) refusing, by notice in writing to the applicant, to issue to the applicant a certificate in respect of the work.

(2)  A regulated entity may specify conditions on a certificate.

(3)  If the application was made in relation to certifiable work forming all or part of building work, the certificate issued is to be a certificate for certifiable work (building).

(4)  If the application was made in relation to certifiable work forming all or part of plumbing work, the certificate issued is to be a certificate for certifiable work (plumbing).

(5)  A regulated entity may only refuse to issue a certificate in respect of certifiable work if the entity is reasonably of the opinion that the work –

(a) will have deleterious consequences for the entity; or

(b) is not within the scope of the entity's connections policy under section 56U.

(6)  For the purposes of subsection (5)(a) , certifiable work is only to be taken to have deleterious consequences for an entity if the entity is reasonably of the opinion that the certifiable work –

(a) will have an unduly onerous effect on the entity's infrastructure or methods of operation or the cost of providing services; or

(b) may put at unacceptable risk the health or safety of persons performing work on behalf of the entity –

and no condition of the certificate could adequately reduce the onerous effect or the risk.

(7)  A notice of refusal under subsection (1)(b) is to set out –

(a) the reasons for the refusal; and

(b) the applicant's right to appeal to the Appeal Tribunal under .