Past complaint decisions
Summaries of past complaint decisions by the Board.
Displaying 20 of 1336 results
Lamong [2023] BPB CB26246 – Penalty Decision
- Complaint number: CB26246
- LBP number: BP136958
- Region: Manawatu-Wanganui
- Licence class: Carpentry
- Decision date: 26 March 2024
- Penalty: 318(1)d Censure 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) h Misrepresented or worked outside competence - not upheld
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(b) of the Act.
The Respondent has not committed a disciplinary offence under section 317(1)(h) of the Act.
The Respondent is censured, is fined $1,250 and is ordered to pay costs of $1,500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Simpson [2023] BPB CB26298 – Not Upheld Decision
- Complaint number: CB26298
- LBP number: BP107260
- Region: West Coast
- Licence class: Carpentry
- Decision date: 26 March 2024
- Penalty: No action taken
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld 317(1) h Misrepresented or worked outside competence - not upheld
- Summary: The Respondent has not committed a disciplinary offence. Multiple allegations were being investigated. The first related to a failure to ensure a Building Consent was in place for building work before it was undertaken. The Board found that whilst the building work did require a Building Consent, and the Respondent should have ensured one was in place, the conduct, in the context of the matter, was not serious enough to warrant a disciplinary finding. The remaining allegations were not upheld.
[Omitted] [2023] BPB CB26256
- Complaint number: CB26256
- Region: Wellington
- Licence class: Carpentry
- Decision date: 25 March 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) c Not licensed for class of work 317(1) d Work not compliant with building consent 317(1) da Failed to supply certificate / record of work - not upheld
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Summary:
The Respondent has committed disciplinary offences under sections 317(1)(b),(c) and (d)of the Act.
The Respondent is fined $2,000 and ordered to pay costs of $3,500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Wang [2023] BPB CB26334 – Final Decision
- Complaint number: CB26334
- LBP number: BP140696
- Region: Auckland
- Licence class: Carpentry
- Decision date: 20 March 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent failed to provide a Record of Work on completion of Restricted Building Work.
The Board indicated that it would impose a fine of $2,000 but noted that if the Respondent provided a Record of Work by the close of the submission period allowed in the Draft Decision, the fine would be reduced to $1,500. A Record of Work was provided. The fine is set at $1,500. The Respondent is ordered to pay costs of $500.
Moekaa [2023] BPB CB26330 – Final Decision
- Complaint number: CB26330
- LBP number: BP139198
- Region: Auckland
- Licence class: Carpentry
- Decision date: 19 March 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(da)(ii) of the Act.
The Respondent is fined $1,000 and ordered to pay costs of $500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Clarke [2023] BPB CB26248 – Substantive Decision
- Complaint number: CB26248
- LBP number: BP119375
- Region: Auckland
- Licence class: Design 1
- Decision date: 28 February 2024
- Penalty: 318(1)d Censure 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) g Breached code of ethics
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Summary:
The Respondent has committed disciplinary offences under sections 317(1)(b) and (g) of the Act.
The Respondent is censured for the breach of the Code of Ethics and fined $3,500 for carrying out building work in a negligent manner. He is ordered to pay costs of $3,500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years and the decision will be published in Code Words (without naming the Respondent).
McKinstry [2023] BPB CB26342 – Finalised Draft Decision
- Complaint number: CB26342
- LBP number: BP132746
- Region: Waikato
- Licence class: Roofing
- Decision date: 27 February 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: The Respondent has committed a disciplinary offence under section 317(1)(da)(ii) of the Act. The Respondent is fined $1,000 and ordered to pay costs of $500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Lal [2023] BPB CB26196 – Substantive Decision
- Complaint number: CB26196
- LBP number: BP135220
- Region: Auckland
- Licence class: Carpentry
- Decision date: 26 February 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed disciplinary offences under sections 317(1)(b), (d) and (da)(ii) of the Act.
The Respondent is fined $3,000 and ordered to pay costs of $3,500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years and there will be further action taken to publicly notify the Board’s decision.
Jelgersma [2023] BPB CB26157
- Complaint number: CB26157
- LBP number: BP119101
- Region: Otago
- Licence class: Carpentry
- Decision date: 9 February 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(da)(ii) of the Act.
The Respondent is fined $1,000 and ordered to pay costs of $1,000. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Cournane [2023] BPB CB26065 – Penalty Decision
- Complaint number: CB26065
- LBP number: BP120745
- Region: Canterbury
- Licence class: Carpentry
- Decision date: 1 February 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(b) of the Act.
The Respondent is fined $2,000 and ordered to pay costs of $3,500. A record of the disciplinary offending will be recorded on the Public Register for a period of three years.
Khan [2023] BPB CB26238
- Complaint number: CB26238
- LBP number: BP114710
- Region: Auckland
- Licence class: Carpentry
- Decision date: 26 January 2024
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed disciplinary offences under sections 317(1)(b), (d) and (da)(ii) of the Act.
The Respondent is fined $2,000 and ordered to pay costs of $3,500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Horisk [2023] BPB CB26185
- Complaint number: CB26185
- LBP number: BP125125
- Region: Canterbury
- Licence class: External Plastering
- Decision date: 15 January 2024
- Penalty: 318(4) Pay costs 318(5) Public notification of the Board's action
- Disciplinary grounds: 317(1) g Breached code of ethics 317(1) i Conduct likely to bring the regime into disrepute
- Summary: The Respondent has committed disciplinary offences under sections 317(1)(g) and (i) of the Act.
[Omitted] [2023] BPB CB26251 – Not Upheld Decision
- Complaint number: CB26251
- Region: Waikato
- Licence class: External Plastering
- Decision date: 22 December 2023
- Penalty: No action taken
- Disciplinary grounds: 317(1) g Breached code of ethics - not upheld
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Summary:
The Respondent was engaged to carry out external cladding and plastering work. He was paid a deposit for the work. He attended the site, carried out less than one day’s work, and then failed to respond to queries from the Complainant. The Complainant cancelled the contract and sought repayment of the deposit paid. The Respondent did not repay the deposit and did not respond to queries from the Complainant. A complaint was made, and the Board decided to investigate the Respondent’s conduct under the Code of Ethics for Licensed Building Practitioners.
At the hearing, the Respondent outlined the circumstances that resulted in him failing to complete the work and not engaging with the Complainant. They were a personal injury, surgery, loss of key staff, a lack of subcontractor resources and a payment issue on another job, all of which led to him suffering mental health issues. As a result, the Respondent withdrew and did not deal with issues that he should have. After the complaint had been made, the Respondent repaid the deposit.
The Board found that, because of the surrounding circumstances and the repayment of the deposit, the Respondent’s conduct had not breached the Code of Ethics.
Humphrey [2023] BPB CB26300 - Finalised Draft Decision
- Complaint number: CB26300
- LBP number: BP110196
- Region: Auckland
- Licence class: Brick and Blocklaying
- Decision date: 21 December 2023
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(da)(ii) of the Act.
The Respondent is fined $1,500 and ordered to pay costs of $500. A record of the
disciplinary offending will be recorded on the Public Register for a period of 3 years.
Geraets [2023] BPB CB26264 – Not Upheld Decision
- Complaint number: CB26264
- LBP number: BP115788
- Region: Northland
- Licence class: Carpentry, Design 2
- Decision date: 20 December 2023
- Penalty: No action taken
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld 317(1) d Work not compliant with building consent - not upheld
- Summary: The Respondent designed and built a residential dwelling. The house leaked throughout the build and continued to leak after the Respondent had attempted remediation. Whilst the Board had no doubt that leaks were occurring, there was insufficient evidence to establish the cause of those leaks and, as such, that the Respondent’s conduct was the cause. Accordingly, the Board decided that there was insufficient evidence to make a disciplinary finding.
Young [2023] BPB CB26288 – Finalised Draft Decision
- Complaint number: CB26288
- LBP number: BP108857
- Region: Auckland
- Licence class: Carpentry
- Decision date: 8 December 2023
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(da)(ii) of the Act.
The Respondent is fined $1,500 and ordered to pay costs of $500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Seumalii [2023] BPB CB26291 – Finalised Draft Decision
- Complaint number: CB26291
- LBP number: BP129650
- Region: Omitted
- Licence class: Carpentry
- Decision date: 6 December 2023
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(da)(ii) of the Act.
The Respondent is fined $1,500 and ordered to pay costs of $500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Davids [2023] BPB CB26158
- Complaint number: CB26158
- LBP number: BP129635
- Region: Auckland
- Licence class: Carpentry
- Decision date: 4 December 2023
- Penalty: 318(1)d Censure 318(1)f Pay fine 318(4) Pay costs 318(5) Public notification of the Board's action
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent - not upheld
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Summary:
The Respondent has committed a disciplinary offence under section 317(1)(b) of the Act.
The Respondent is fined $1,500, censured, and ordered to pay costs of $3,500. The decision will be recorded in the Register of Licensed Building Practitioners for a period of 3 years, and the decision (without naming the Respondent) will be published in Code Words.
The Respondent has not committed disciplinary offences under sections 317(1)(d) or (i) of the Act.
Aarts [2023] BPB CB26261 – Penalty Decision
- Complaint number: CB26261
- LBP number: BP137334
- Region: Waikato
- Licence class: Roofing
- Decision date: 16 November 2023
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) da Failed to supply certificate / record of work
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Summary:
The Respondent has committed disciplinary offences under sections 317(1)(b) and 317(1)(da)(ii) of the Act. The Respondent has not committed a disciplinary offence under section 317(1)(d) of the Act.
The Respondent is fined $2,000 and ordered to pay costs of $3,500. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Aarts [2023] BPB CB26121 – Not Upheld Decision
- Complaint number: CB26121
- LBP number: BP137334
- Region: Auckland
- Licence class: Roofing
- Decision date: 16 November 2023
- Penalty: No action taken
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld 317(1) da Failed to supply certificate / record of work - not upheld
- Summary: The Respondent has not committed a disciplinary offence.