Complaint C2-01304 – substantive

  • Complaint number: C2-01304
  • LBP number: BP115256
  • Region: Wellington
  • Licence class: Design 2
  • Decision date: 11 October 2016
  • Penalty: 318(1)a Cancel licence 318(4) Pay costs 318(5) Public notification of the Board's action
  • Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) h Misrepresented or worked outside competence 317(1) i Conduct likely to bring the regime into disrepute

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317(1)(b) Negligent or incompetent work - 317(1)(h) breach of 314B(a) misrepresented competence - 317(1)(i) Conduct likely to bring the regime into disrepute - Designer's plans should not require clarification and should document how the building work is to be undertaken so that code compliance is achieved - Building consent process should not be used by licensed building practitioner designers as a peer review or quality assurance mechanisms - Went outside of competence as a designer and into that of an engineer - unethical or unprofessional conduct can amount to disreputable conduct - Producer statement false or misleading and producing it brought the regime into disrepute - Knowingly falsifying a document brings the regime into disrepute - 317(1)(b) upheld - 317(1)(h) upheld - 317(1)(i) upheld - 318(1) Licence cancelled and Respondent not able to apply for relicensing for six months - 318(4) Pay costs $2000 - 318(5) Public notification in Codewords and on the Board's website. Respondent not named in the publication