The New Zealand Mining Board of Examiners: What is a fit and proper person?
All applicants for a certificate of competence (CoC) must be a fit and proper person to hold that CoC under Regulation 38(b) of the Health and Saftey at Work (Mining Operations and Quarrying Operations) Regulations 2016. The New Zealand Mining Board of Examiners (the Board) therefore needs to be satisfied of this before issuing a CoC. Establishing whether someone is a fit and proper person involves assessing their previous conduct to help decide whether they have the competence, ability, attitude, and honesty expected of someone holding the particular CoC applied for.
The Board uses guidelines to assess whether an applicant is a fit and proper person. They apply to new applicants, and applicants renewing their current CoCs.
The Board has defined a fit and proper person as someone who:
- is of good character and has due regard for the laws of New Zealand, and is likely to continue to do so while in possession of a CoC (“proper”)
- has the relevant qualifications and experience prescribed under regulation 34 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 for a holder of a CoC (“fit”).
In making an assessment the Board considers conviction history, paying particular regard to offences indicating a propensity towards violence, dishonesty, health and safety offences and serious or recidivist driving offences. Applicants will generally be expected to have no history of:
- Serious criminal offending within the 5 years prior (e.g. health and safety convictions or convictions for which they received a sentence of more than 12 months)
- Serious driving offences within the 5 years prior (e.g. alcohol/drug impaired driving, reckless or dangerous driving)
- Other criminal offending within the 2 years prior.
The Board considers each applicant who has a criminal conviction on a case-by-case basis. Only relevant factors are considered by the Board in deciding whether an applicant is a fit and proper person. The applicant will have the opportunity to provide any further information which is relevant to the case, such as character statements.
Further information on the Fit and Proper Person Policy contact: BoE_Secretariat@worksafe.govt.nz Phone: 04 901 0696.