20 May 2025
Ref: DOIA-REQ-0013548
Kane Taylor
Email:
[FYI request #30851 email]
Tēnā koe Kane
Thank you for your email of 30 April 2025 to the Ministry of Business, Innovation and Employment (MBIE)
requesting, under the Official Information Act 1982 (the OIA), information in relation to the Electricity
(Prescribed Classes of Registration for Electrical Workers) Notice 2023 (the Notice) and the Electrical
Workers Registration Board’s (the EWRB) decision to place electrical inspectors' applications for renewal
on hold.
Please find our response to your questions in turn.
1.� �What was the legal basis of the EWRB's work-around?
The EWRB are aware of concerns round the effect of the commencement dates for the Electrical
Inspector and Electrical Engineer registration classes and the associated endorsed registration classes in
the Notice. While the concerns with the Notice are being addressed, some applications to renew licences
for Electrical Inspector and Electrical Engineer Registration Classes have been placed on hold to ensure
Licensed Electrical Workers can continue to legally carry out prescribed electrical worker within the limits
of their desired registration class.
Under section 105 of the Electricity Act, if an application for renewal of a practising licence is made before
the licence expires, the licence remains active until a decision is made on the application. Here is a copy
of the section for your reference:
105 Applications for renewal of practising licence
(1) ...
(3) If an application for the renewal of a practising licence is made before the licence’s date of expiry
but the licence has not been renewed before that date, the licence continues in force until the
application is determined.
The full section is available here:
https://www.legislation.govt.nz/act/public/1992/0122/latest/DLM2859628.html
You can find more information on this at the following l
ink: https://www.ewrb.govt.nz/about-us/news-
and-notices/update-on-effect-of-2023-gazette-notice-on-prescribed-electrical-work/.
2.� �Please provide legal advice/opinions relating to the work-around.
Neither MBIE nor the EWRB can provide you with legal advice. We encourage you to seek your own
independent legal advice should you require it.
The legal advice and opinions received by MBIE regarding this matter are subject to legal professional
privilege. MBIE is refusing this part of your request under section 18(a) of the OIA as by virtue of section
9(2)(h) of the OIA, withholding of the information is necessary to maintain legal professional privilege. I
do not consider that the withholding of this information is outweighed by public interest considerations
in making the information available.
3.� �What effect will 1 September 2025 have on the workaround (ie will it break? will it be
needed? will something else be needed?)
As the endorsed classes of registration commence on 1 September 2025, the current workaround will no
longer be required from this date and all renewal applications on hold because of this issue will be able to
be processed. Those wishing to carry out Prescribed Electrical Work (PEW) in one of the new endorsed
areas would be required to have the appropriate endorsed class reflected on their licence. You can find
more information on the process to gain the new endorsed classes here:
https://www.ewrb.govt.nz/registration/grandparenting/
4.� �What are the EWRB's plans for fixing this mess?
MBIE and the EWRB are continuing to work on this matter. Every electrical worker impacted by the
decisions around the 2023 Gazette Notice will be contacted to explain and discuss their options. Electrical
Workers are given a choice to decide to continue to work under the 2019 Gazette Notice while waiting for
a later decision on their renewal application, or to receive a decision and work under the 2023 Notice
limits (meaning they could not work in the new endorsed areas).
If requested, The Register of Electrical Workers can also provide a letter confirming the worker’s licence
circumstances.
The EWRB and MBIE are also progressing work to revoke and replace the current Gazette Notices which
will resolve this issue. We expect to have a new Gazette Notice published by July 2025.
5.� �Will loss of income, consequential costs etc that are a direct result of the EWRB's error be
compensated?
As mentioned above, Electrical Workers with their renewal application on hold still have a valid Practicing
Licence and can continue to carry out PEW within the scope of their limits of work. This status is reflected
on the public register.
Please contact us directly if you would like us to provide a letter from the Registrar for you to show clients
and employers which confirms that you have a current practising licence and explains that you can
continue to carry out work lawfully until the issue with the notice is fixed. You can find our contact details
here:
https://www.ewrb.govt.nz/about-us/contact-us/
In your request you specifically mention challenges with EarnLearn. MBIE reached out to EarnLearn on 7
May 2025 to clarify the licence status of Electrical Workers with renewals currently on hold. EarnLearn
will work with electrical workers impacted by this to ensure they can continue to carry out assessments.
You may wish to contact the Industry Manager – Electrical directly to discuss the matter. Please contact
us at the details linked above if you would like their contact details.
6.� �Why has it taken so long to do nothing effective to fix the issue?
MBIE and the Board have heard from industry stakeholders that, in addition to the errors in the
transitional provisions for Electrical Inspectors and Electrical Engineers, there are practical issues with the
2023 Notice. To ensure that the Notices address all the industry’s concerns the EWRB and MBIE are
currently progressing work to revoke and replace the current Gazette Notices.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please con
tact [email address].
You have the right to seek an investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802
602.
Nāku noa, nā
Duncan Connor
Registrar of Electrical Workers
Market Integrity
Document Outline
