Past complaint decisions

Summaries of past complaint decisions by the Board.

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Displaying 20 of 1561 results

Heath [2020] BPB CB25421 – Penalty Decision

  • Complaint number: CB25421
  • LBP number: BP104492
  • Region: Bay of Plenty
  • Licence class: Brick and Blocklaying
  • Decision date: 17 December 2020
  • Penalty: 318(1)d Censure 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work
  • Summary: The Respondent was negligent in respect of documentation management. The issues with regard to the quality and compliance of the building work did not reach the threshold for a disciplinary finding. The Respondent did not carry out building work contrary to a building consent as the work was not complete. He did not work outside of his licence or his competency as the building work had not been consented as restricted building work. The Respondent is censured and ordered to pay costs of $3,000 in respect of the finding of negligence.
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Franklin [2020] BPB CB25416 – Penalty Decision

  • Complaint number: CB25416
  • LBP number: BP102063
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 17 December 2020
  • 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) da Failed to supply certificate / record of work
  • Summary: The Respondent was negligent in failing to ensure a building consent was in place for building work on a bathroom and in respect of his invoicing practices. The Respondent also failed to provide a record of work to the territorial authority on completion of restricted building work. The Respondent did not bring the regime into disrepute. He is censured, fined $1,000 and ordered to pay costs of $3,500.
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Pitcaithly [2020] BPB CB25353 – Substantive Decision

  • Complaint number: CB25353
  • LBP number: BP121088
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 16 December 2020
  • Penalty: 318(1)a Cancel licence 318(4) Pay costs 318(5) Public notification of the Board's action
  • Disciplinary grounds: 317(1) a Fitness to carry out or supervise building work 317(1) i Conduct likely to bring the regime into disrepute
  • Summary: The Board found that the Respondent’s criminal offending reflects adversely on his fitness to carry out or supervise building work, and that he has brought the regime for licensed building practitioners into disrepute. His license is cancelled for a period of three years and he is ordered to pay costs of $1,500. The outcome of this complaint will be published.
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Kaye [2020] BPB CB25419 – Substantive Decision

  • Complaint number: CB25419
  • LBP number: BP106058
  • Region: Taranaki
  • Licence class: Roofing
  • Decision date: 8 December 2020
  • 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
  • Summary: The Respondent has been negligent and has failed to build in accordance with a building consent. He has also failed to provide a record of work on completion of restricted building work. He is fined $3,500 and ordered to pay costs of $2,000. The fine has been reduced on the basis that roofing and cladding materials have been replaced.
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Lim [2020] BPB CB25552 – Substantive Decision

  • Complaint number: CB25552
  • LBP number: BP127698
  • Region: Canterbury
  • Licence class: Design 1
  • Decision date: 8 December 2020
  • 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) h Misrepresented or worked outside competence
  • Summary: The Respondent has been negligent and has breached section 314B(b) of the Act by working outside of his competence. He is censured, fined $3,500, and ordered to pay costs of $3,500.
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Stokes [2020] BPB CB25494 – Substantive Decision

  • Complaint number: CB25494
  • LBP number: BP114335
  • Region: Wellington
  • Licence class: Carpentry, Site 1
  • Decision date: 8 December 2020
  • 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 - not upheld
  • Summary: The Respondent has been negligent and has carried out building work contrary to a building consent. He is fined $2,000 and ordered to pay costs of $1,750.
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McArthur [2020] BPB CB25304 – Substantive Decision

  • Complaint number: CB25304
  • LBP number: BP129234
  • Region: Wellington
  • Licence class: Carpentry
  • Decision date: 8 December 2020
  • 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 - not upheld
  • Summary: The respondent has been negligent and has carried out building work contrary to a building consent. He is fined $2,000 and ordered to pay costs of $1,750.
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Clune [2020] BPB CB25582 – Final Decision

  • Complaint number: CB25582
  • LBP number: BP132915
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 7 December 2020
  • 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 provided a record of work on completion of restricted building work to the owner but not to the Territorial Authority. He is fined $500 and ordered to pay costs of $500. The fine has been reduced on the basis that the record of work was provided soon after completion to the owner.
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Lan [2020] BPB CB25573 – Not Upheld Decision

  • Complaint number: CB25573
  • LBP number: BP114484
  • Region: Auckland
  • Licence class: Design 2, Site 2
  • Decision date: 7 December 2020
  • Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld 317(1) h Misrepresented or worked outside competence - not upheld
  • Summary: The Respondent’s conduct did not reach the required threshold for the Board to make a disciplinary finding. Accordingly, the Board has decided that the Respondent has not committed a disciplinary offence.
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Naidu [2020] BPB CB25361 – Final Decision

  • Complaint number: CB25361
  • LBP number: BP127686
  • Region: Auckland
  • Licence class: Design 2
  • Decision date: 24 November 2020
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work
  • Summary: The Respondent has been negligent in his supervision of a non-licensed person and in relying on the building consent authority to carry out the quality assurance checks required of a licensed designer prior to filing a building consent application. The Respondent is fined $2,500 and ordered to pay costs of $1,000.
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Bell [2020] BPB CB25578 – Final Decision

  • Complaint number: CB25578
  • LBP number: BP112216
  • Region: Auckland
  • Licence class: Design 2
  • Decision date: 19 November 2020
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work
  • Summary: The Respondent has been negligent in his supervision of design work by failing to take into account the impact of resource consent issues in the development of a design and its submission for a building consent. The Respondent is fined $2,000 and ordered to pay costs of $1,000.
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Hammington [2020] BPB CB25448 – Penalty Decision

  • Complaint number: CB25448
  • LBP number: BP127928
  • Region: Wellington
  • Licence class: Design 2
  • Decision date: 16 November 2020
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work
  • Summary: The Respondent has carried out design work in a negligent manner. He is fined $2,000 and ordered to pay costs of $1,000. Both the fine and the costs have been reduced on the basis of the Respondent’s acceptance of responsibility and the simplified manner in which the hearing was conducted.
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Pryce [2020] BPB CB25169 – Substantive Decision

  • Complaint number: CB25169
  • LBP number: BP109432
  • Region: Taranaki
  • Licence class: Carpentry
  • Decision date: 11 November 2020
  • 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
  • Summary: The Respondent has carried out and supervised building work in a negligent manner, has carried out and supervised building work that was not in accordance with the building consent and has failed to provide a record of work on completion of restricted building work. He is fined $5,000 and ordered to pay costs of $2,000.
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Maharaj [2020] BPB CB25471 – Substantive Decision

  • Complaint number: CB25471
  • LBP number: BP122781
  • Region: Auckland
  • Licence class: Carpentry, Site 1
  • Decision date: 6 November 2020
  • Penalty: 318(1)a Cancel licence 318(4) Pay costs
  • Disciplinary grounds: 317(1) i Conduct likely to bring the regime into disrepute 317(1) da Failed to supply certificate / record of work - not upheld
  • Summary: The Respondent has brought the regime into disrepute by obtaining an unethical financial gain. His licence is cancelled for a period of six months. He is ordered to pay costs of $3,500. The Board has also decided that the Respondent did not carry out any restricted building work and that a record of work did not have to be provided.
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Dinan [2020] BPB CB25396 – Final Decision

  • Complaint number: CB25396
  • LBP number: BP118154
  • Region: Waikato
  • Licence class: Carpentry, Site 2
  • Decision date: 6 November 2020
  • 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 been negligent and has failed to comply with a building consent in supervising excavations and the construction of a retaining wall which were not in accordance with the building consent documentation issued. He is fined the sum of $4,500 and ordered to pay costs of $1,000.
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