BPB Complaint No. C2 01068 - Substantive Decision

  • Complaint number: C2 01068
  • Region: Omitted
  • Licence class: Carpentry
  • Decision date: 31 August 2015
  • Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent

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317(1)(b) Negligent or incompetent work – 317(1)(d) Work not compliant with building consent – building consent required for: a fabricated plywood box beam – installation of new external wall framing –installation of roof struts – installation of cavity sliding door lintels, over spanned – Submission that the respondent should not face two charges essentially arising from the same set of facts – Board accepts that the Duplicity rule applies in the criminal context but in regards to a disciplinary context the rule is not to be applied strictly – purpose of disciplinary context is to uphold the integrity of a profession and protect the public - R v Institute of Chartered Accountants in England and Wales [2011] UKSC 1 - 317(1)(b) upheld – 317(1)(d) upheld