Past complaint decisions

Summaries of past complaint decisions by the Board.

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Displaying 20 of 1561 results

Blair [2020] BPB CB25356 – Substantive Decision

  • Complaint number: CB25356
  • LBP number: BP118007
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 2 November 2020
  • 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
  • Summary: The Respondent has been negligent in the manner in which he both carried out and supervised building work. 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 $3,500.
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Songhurst [2020] BPB CB25483 – Substantive Decision

  • Complaint number: CB25483
  • LBP number: BP129264
  • Region: Auckland
  • Licence class: Carpentry, Site 1
  • Decision date: 2 November 2020
  • 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
  • Summary: The Respondent has supervised building work in a negligent manner and has been negligent in respect of health and safety matters. He is fined the sum of $3,500 and ordered to pay costs of $3,500.
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Songhurst [2020] BPB CB25355 – Not Upheld Decision

  • Complaint number: CB25355
  • LBP number: BP129264
  • Region: Auckland
  • Licence class: Carpentry, Site 1
  • Decision date: 2 November 2020
  • 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 did not carry out or supervise the building work complained about and has not, therefore, committed a disciplinary offence.
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Naidu [2020] BPB CB25360 – Final Decision

  • Complaint number: CB25360
  • LBP number: BP127686
  • Region: Auckland
  • Licence class: Design 2
  • Decision date: 30 October 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 $2,000 and ordered to pay costs of $1,000.
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Franklin [2020] BPB CB25416 – Substantive Decision

  • Complaint number: CB25416
  • LBP number: BP102063
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 29 October 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 317(1) i Conduct likely to bring the regime into disrepute - not upheld
  • 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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Dodge [2020] BPB CB25513 – Not Upheld Decision

  • Complaint number: CB25513
  • LBP number: BP129378
  • Region: Wellington
  • Licence class: Design 1
  • Decision date: 28 October 2020
  • Penalty: No action taken
  • Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld
  • Summary: The Respondent has not committed a disciplinary. The Respondent’s conduct did not reach an acceptable standard but the transgressions were not, in the circumstances, serious enough to warrant a disciplinary outcome.
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Whitlow [2020] BPB CB25411 – Final Decision

  • Complaint number: CB25411
  • LBP number: BP134450
  • Region: Auckland
  • Licence class: External Plastering
  • Decision date: 20 October 2020
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work 317(1) i Conduct likely to bring the regime into disrepute - not upheld
  • Summary: The Respondent has failed to provide a record of work on completion of restricted building work. He is fined $1,500 and ordered to pay costs of $2,000. An allegation of disrepute is not upheld on the basis that there was insufficient evidence to substantiate the claim.
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Heath [2020] BPB CB25421 – Substantive Decision

  • Complaint number: CB25421
  • LBP number: BP104492
  • Region: Bay of Plenty
  • Licence class: Brick and Blocklaying
  • Decision date: 20 October 2020
  • Penalty: 318(1)d Censure 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 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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Walsh [2020] BPB CB25469 – Substantive Decision

  • Complaint number: CB25469
  • LBP number: BP134040
  • Region: Otago
  • Licence class: Carpentry, Site 1
  • Decision date: 19 October 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 failing to ensure that a building consent was in place prior to undertaking building work and for the manner in which he installed a window. The Respondent is censured and ordered to pay costs $2,000.
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Lee [2020] BPB CB25370 – Final Decision

  • Complaint number: CB25370
  • LBP number: BP101144
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 14 October 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 carried out building work in a negligent manner and in a manner that was contrary to a building consent in relation to structural elements, which was noted in a failed Council inspection and in an Engineer’s Site Observations. He also failed to provide record of work on completion of restricted building work.
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Lu [2020] BPB CB25183 – Substantive Decision

  • Complaint number: CB25183
  • LBP number: BP121132
  • Region: Auckland
  • Licence class: Carpentry, Design 1, Site 1
  • Decision date: 9 October 2020
  • 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 Respondent has 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 allegations of negligence and/or incompetence is not upheld on the basis that the conduct was not serious enough. The allegation of building contrary to a building consent is not upheld on the basis that the building consent was amended prior to the associated building work being carried out.
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Heslop [2020] BPB CB25234 – Not Upheld Decision

  • Complaint number: CB25234
  • LBP number: BP104196
  • Region: Canterbury
  • Licence class: Carpentry, Site 2
  • Decision date: 6 October 2020
  • 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 has not committed a disciplinary offence. Whilst there were aspects of the building work that the Respondent carried out that could have been done better, the conduct did not reach the threshold for the Board to take disciplinary action.
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Crego-Bourne [2020] BPB CB25201 – Substantive Decision

  • Complaint number: CB25201
  • LBP number: BP132624
  • Region: Bay of Plenty
  • Licence class: Carpentry
  • Decision date: 6 October 2020
  • Penalty: 318(1)b Suspend 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) da Failed to supply certificate / record of work 317(1) i Conduct likely to bring the regime into disrepute 317(1) b Negligent or incompetent work - not upheld 317(1) d Work not compliant with building consent - not upheld
  • Summary: The Respondent has been found to have committed criminal offences which reflect adversely on his fitness to carry out or supervise building work, to have brought the licensing regime into disrepute through his interactions with the Complainant and to have failed to have provided a record of work on completion of restricted building work. The Respondent's licence is suspended for a period of 12 months, and he is ordered to pay costs of $2,000. A summary of the matter will be published in Code Words.
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Tawhiti [2020] BPB CB25035 – Not Upheld Decision

  • Complaint number: CB25035
  • LBP number: BP123986
  • Region: Omitted
  • Licence class: Foundations
  • Decision date: 29 September 2020
  • 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: Complaint not upheld at a rehearing of the complaint. Rehearing ordered by District Court following an appeal by the Respondent. Board found that there was insufficient evidence to establish, on the balance of probabilities, that the Respondent was the supervising licensed building practitioner of the building work complained about.
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Te patu [2020] BPB CB25403 – Substantive Decision

  • Complaint number: CB25403
  • LBP number: BP130891
  • Region: Wellington
  • Licence class: Carpentry
  • Decision date: 24 September 2020
  • Penalty: 318(1)f Pay fine 318(4) Pay costs 318(5) Public notification of the Board's action
  • 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 failed to provide a record of work on completion of restricted building work. The charges of negligence or incompetence and building contrary to a building consent were not upheld on the basis that the work complained about was not carried out or supervised by the Respondent. The charge of disrepute was not upheld on the basis that the Board found that the Respondent was supervising the licensed building practitioner for the carpentry work undertaken. The Respondent is fined $1,000 and ordered to pay costs of $3,500. The Board’s decision will be published.
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