Past complaint decisions

Summaries of past complaint decisions by the Board.

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Displaying 20 of 1561 results

Zhou [2023] BPB CB26143 – Finalised Decision

  • Complaint number: CB26143
  • LBP number: BP133498
  • Region: Omitted
  • Licence class: Carpentry
  • Decision date: 12 May 2023
  • 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 $1,500 and ordered to pay costs of $500. A record of the disciplinary offending will be recorded on the Public Register for a period of three years.
Download PDF (231 KB)

Fa'aaliga [2022] BPB CB26057 – Penalty Decision

  • Complaint number: CB26057
  • LBP number: BP131380
  • Region: Wellington
  • Licence class: Carpentry
  • Decision date: 12 May 2023
  • Penalty: No action taken 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 $1,500 and ordered to pay costs of $2,000. A record of the disciplinary offending will be recorded on the Public Register for a period of three years.
Download PDF (301 KB)

Taylor [2022] BPB CB26102 – Substantive Decision

  • Complaint number: CB26102
  • LBP number: BP121564
  • Region: Marlborough
  • Licence class: Carpentry
  • Decision date: 12 May 2023
  • 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 - not upheld 317(1) d Work not compliant with building consent - not upheld 317(1) h Misrepresented or worked outside competence - not upheld
  • Summary: The Respondent has committed a disciplinary offence under section 317(1)(b) of the Act, in relation to the installation and replacement of windows, including the head flashings.

    It is not within the Board’s jurisdiction to consider the further matters under section 317(1)(b) of the Act listed in the Notice of Proceeding dated 16 February 2023 or the charges under sections 317(1)(c), (d) and (h) of the Act.

    The Respondent is fined $2,000 and ordered to pay costs of $2,000. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Download PDF (218 KB)

Brown [2022] BPB CB26129 – Finalised Draft Decision

  • Complaint number: CB26129
  • LBP number: BP124807
  • Region: Waikato
  • Licence class: Carpentry
  • Decision date: 11 May 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work 317(1) b Negligent or incompetent work - not upheld 317(1) d Work not compliant with building consent - not upheld 317(1) i Conduct likely to bring the regime into disrepute - not upheld
  • 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 three years.

    The Respondent has not committed disciplinary offences under sections 317 (1)(b),(d) and (i) of the Act.
Download PDF (302 KB)

Nicholson [2022] BPB CB26026 – Penalty Decision

  • Complaint number: CB26026
  • LBP number: BP130078
  • Region: Auckland
  • Licence class: Roofing
  • Decision date: 5 May 2023
  • 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) db Purported to be licensed in class not held 317(1) da Failed to supply certificate / record of work - not upheld
  • Summary: The Respondent has committed disciplinary offences under sections 317(1)(b), (c), (d) and (db) of the Act.

    The Respondent has not committed a disciplinary offence under section 317(1)(da)(ii) of the Act.
Download PDF (233 KB)

Zhong [2022] BPB CB26028 – Final Decision

  • Complaint number: CB26028
  • LBP number: BP104331
  • Region: Auckland
  • Licence class: Carpentry, Site 2
  • Decision date: 2 May 2023
  • 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 failed to provide a record of work on completion of restricted building work. He is fined $1,500 and ordered to pay costs of $500.

    The disciplinary finding will be recorded on the public Register for a period of 3 years.
Download PDF (281 KB)

Dawson [2022] BPB CB25842 – Penalty Decision

  • Complaint number: CB25842
  • LBP number: BP118670
  • Region: Auckland
  • Licence class: Design 2
  • Decision date: 1 May 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) i Conduct likely to bring the regime into disrepute
  • Summary: The Respondent has carried out building work in a negligent manner and has conducted himself in a manner that brings or is likely to bring the regime under this Act for licensed building practitioners into disrepute.

    The Respondent is fined $3,000 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.
Download PDF (221 KB)

O'Neill [2023] BPB CB26147 – Finalised Draft Decision

  • Complaint number: CB26147
  • LBP number: BP116713
  • Region: Waikato
  • Licence class: Foundations
  • Decision date: 1 May 2023
  • 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 failed to provide a record of work on completion of restricted building work. He is fined $1,500 and ordered to pay costs of $500. The decision will be recorded in the Register of Licensed Building Practitioners for a period of three years.
Download PDF (179 KB)

Shen [2022] BPB CB25952 – Penalty Decision

  • Complaint number: CB25952
  • LBP number: BP101037
  • Region: Auckland
  • Licence class: Carpentry, Site 1
  • Decision date: 1 May 2023
  • Penalty: No action taken 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
  • Summary: The Respondent failed to provide a record of work on completion of restricted building work. He is fined $1,500 and ordered to pay costs of $500. The decision will be recorded in the Register of Licensed Building Practitioners for a period of three years.
Download PDF (181 KB)

Ferguson [2023] BPB CB26140 – Final Decision

  • Complaint number: CB26140
  • LBP number: BP102231
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 24 April 2023
  • 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 failed to provide a record of work on completion of restricted building work. He is fined $500 and ordered to pay costs of $500. The disciplinary finding will be recorded on the public Register for a period of three years.
Download PDF (184 KB)

Taylor [2022] BPB CB26062 – Penalty/Final Decision

  • Complaint number: CB26062
  • LBP number: BP101643
  • Region: Southland
  • Licence class: Carpentry
  • Decision date: 19 April 2023
  • 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
  • Summary: The Respondent has committed disciplinary offences under sections 317(1)(b) and (d) of the Act.

    The Respondent is fined $500 and ordered to pay costs of $750. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Download PDF (296 KB)

Jones [2022] BPB CB26047 – Substantive Decision

  • Complaint number: CB26047
  • LBP number: BP129447
  • Region: Wellington
  • Licence class: Carpentry
  • Decision date: 18 April 2023
  • Penalty: 318(1)a Cancel licence 318(4) Pay costs 318(5) Public notification of the Board's action
  • Disciplinary grounds: 317(1) i Conduct likely to bring the regime into disrepute
  • Summary: The Respondent has committed a disciplinary offence under section 317(1)(i) of the Act.

    The Respondent’s license is cancelled. He may not apply to be relicensed for a period of 6 months. He is ordered to pay costs of $1,750.

    The Board’s findings will be published, and a record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Download PDF (304 KB)

Jones [2022] BPB CB26048 – Substantive Decision

  • Complaint number: CB26048
  • LBP number: BP129447
  • Region: Wellington
  • Licence class: Carpentry
  • Decision date: 18 April 2023
  • Penalty: 318(1)a Cancel licence 318(4) Pay costs 318(5) Public notification of the Board's action
  • Disciplinary grounds: 317(1) i Conduct likely to bring the regime into disrepute
  • Summary: The Respondent has committed a disciplinary offence under section 317(1)(i) of the Act.

    The Respondent’s license is cancelled. He may not apply to be relicensed for a period of 6-months. He is ordered to pay costs of $1,750.

    The Board’s findings will be published, and a record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
Download PDF (311 KB)

Katoa [2022] BPB CB26052 – Penalty Decision

  • Complaint number: CB26052
  • LBP number: BP138338
  • Region: Omitted
  • Licence class: Carpentry
  • Decision date: 5 April 2023
  • 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 $1,500 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 three years.
Download PDF (232 KB)

Langi [2022] BPB CB26040 – Substantive Decision

  • Complaint number: CB26040
  • LBP number: BP133668
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 5 April 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work 317(1) b Negligent or incompetent work - not upheld 317(1) d Work not compliant with building consent - not upheld
  • Summary: The homeowners made a complaint about the workmanship on their new 2-storey dwelling. A Council site inspection report set out the instances of unsatisfactory building work and building work which was not in accordance with the building consent. After determining the Respondent’s role on this project, the question for the Board was whether the Respondent’s supervision of the building work was negligent or incompetent. This required a determination of 2 issues – had the Respondent departed from an acceptable standard, and, if so, was that departure serious enough to warrant a disciplinary finding.

    The further issue before the Board was whether the work the Respondent supervised had been carried out in a manner contrary to the building consent. To determine this issue, the Board has only to find that building work departed from the building consent and does not have to consider if that departure was deliberate or negligent. However, the seriousness of the conduct under investigation does have to be taken into account.

    In addition, the Respondent did not provide a record of work to the Complainant or the Territorial Authority. The Respondent ceased work on the project before its completion, but he did not consider that his restricted building work was complete as he expected to return to the site. There were also outstanding money issues. The question for the Board was whether the Respondent had failed to provide a record of work on the completion of restricted building work. There were 2 issues that had to be determined. Firstly, was the Respondent’s restricted building work complete, and, secondly, if it was, did the non-payment of his invoices constitute a good reason not to provide the records of work.

    The Board investigated the issues and decided that the Respondent had been negligent in his supervision of the building work and that the building work was not in accordance with the building consent. The Board also found that the Respondent’s restricted building work was complete and that non-payment was not a good reason to withhold his record of work.

    The Board decided that the Respondent would be fined $3,000 and ordered to pay costs of $2,500.
Download PDF (258 KB)
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