Past complaint decisions
Summaries of past complaint decisions by the Board.
Displaying 20 of 1561 results
Yuan [2020] BPB CB25344 – Penalty Decision
- Complaint number: CB25344
- LBP number: BP120467
- Region: Auckland
- Licence class: Site 1
- Decision date: 10 August 2020
- Penalty: 318(1)d Censure 318(4) Pay costs
- Disciplinary grounds: 317(1) db Purported to be licensed in class not held
- Summary: Holding out to be licensed, Respondent held a Site Licence but represented that he could carry out or supervise restricted building work requiring a carpentry licence. Respondent censured, significant mitigating factors, costs of $1,000.
Mills [2020] BPB CB25037 – Substantive Decision
- Complaint number: CB25037
- LBP number: BP115519
- Region: Auckland
- Licence class: Carpentry, Site 2
- Decision date: 10 August 2020
- Penalty: 318(1)d Censure 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent - not upheld
- Summary: Negligence, Respondent supervising building work under a building consent, work not complete, multiple issues with quality and compliance not addressed during the build. Defence that issues would have been rectified not accepted. Censured with costs of $3,500. Significant mitigations present.
Palmer [2020] BPB CB25379 – Final Decision
- Complaint number: CB25379
- LBP number: BP122264
- Region: Auckland
- Licence class: Carpentry, Site 1
- Decision date: 4 August 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: Failure to provide records of work for two dwellings on completion of restricted building work. Respondent fined $1,500 and ordered to pays costs of $500. Matter dealt with on the papers.
Reid [2020] BPB CB25375 – Final Decision
- Complaint number: CB25375
- LBP number: BP102942
- Region: Otago
- Licence class: Carpentry
- Decision date: 31 July 2020
- Penalty: 318(1)d Censure 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent
- Summary: Negligent supervision. Deck did not comply with building consent or met compliance requirements, Respondent not present when work carried out under supervision. Contrary to a building consent, changes made to deck required an amendment which was not obtained. Respondent censured, significant mitigating factors, costs $1,000. Matter dealt with on the papers.
Light [2020] BPB CB25389 – Not Upheld Decision
- Complaint number: CB25389
- LBP number: BP112756
- Region: Canterbury
- Licence class: Carpentry
- Decision date: 24 July 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: Complaint not upheld. Allegations of negligence and building work contrary to a building consent in relation to a foundation. Some evidence of building work that was not completed to an acceptable standard but conduct not serious enough to warrant a disciplinary outcome.
Phizackerley [2020] BPB CB25470 – Final Decision
- Complaint number: CB25470
- LBP number: BP113005
- Region: Auckland
- Licence class: Brick and Blocklaying
- Decision date: 24 July 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: Failure to provide a record of work on completion of restricted building work. Fined $1,500, costs $500. Matter dealt with on the papers.
Heiderich [2020] BPB CB25434 – Not Upheld Decision
- Complaint number: CB25434
- LBP number: BP114920
- Region: Auckland
- Licence class: Carpentry
- Decision date: 23 July 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: Board Inquiry, disciplinary charges not upheld. Board satisfied that the Respondent did not carry out or supervise the building work being investigated.
Phelps [2020] BPB CB25460 – Final Decision
- Complaint number: CB25460
- LBP number: BP121430
- Region: Wellington
- Licence class: Roofing
- Decision date: 22 July 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
- Summary: Failure to provide a record of work on completion of restricted building work. Fined $1,000, fine reduced as Respondent relied on erroneous advice. Costs $500. Matter dealt with on the papers.
McFarlane [2020] BPB CB25372 – Not Upheld Decision
- Complaint number: CB25372
- LBP number: BP124199
- Region: Auckland
- Licence class: Carpentry
- Decision date: 22 July 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: Complaint not upheld. Complaint related to two buildings. No evidence of negligence or a failure to build in accordance with a building consent with regard to the first building, building work on second building carried out under schedule one, not the consent issued. Schedule one may not have applied, Respondent should have enquired about consenting, conduct not serious enough to warrant a disciplinary outcome.
Chand [2020] BPB CB25069 – Substantive Decision
- Complaint number: CB25069
- LBP number: BP129866
- Region: Auckland
- Licence class: Carpentry
- Decision date: 20 July 2020
- 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) d Work not compliant with building consent 317(1) a Fitness to carry out or supervise building work - not upheld
- Summary: The Respondent supervised building work in a negligent manner and carried out building work that was not in accordance with the building consent issued. The Board’s indicative penalty position is the cancellation of the Respondent’s licence for a period of six months. Costs of $3,500 are ordered. The matter will be published.
Spencer [2020] BPB CB25296 – Final Decision
- Complaint number: CB25296
- LBP number: BP107685
- Region: Wellington
- Licence class: Carpentry
- Decision date: 16 July 2020
- Penalty: 318(1)b Suspend licence 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
- Summary: The Respondent failed to ensure that a building consent was in place for building work that required a building consent. The Board ordered the Respondents licence to be suspended for 6 months. He is fined $2000 and ordered to pay costs of $1000.
Bird [2020] BPB CB25456 – Final Decision
- Complaint number: CB25456
- LBP number: BP130253
- Region: Waikato
- Licence class: Carpentry
- Decision date: 16 July 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) h Misrepresented or worked outside competence 317(1) c Not licensed for class of work - not upheld 317(1) d Work not compliant with building consent - not upheld 317(1) da Failed to supply certificate / record of work - not upheld
- Summary: Negligence and working outside of competence. Negligence related to carrying out building work without a building consent, outside of competence to carrying out design work for a minor dwelling. Fined $3,000, mitigation that building work was not for commercial gain, costs $500. Matter dealt with on the papers.
Herridge [2020] BPB CB25287 – Final Decision
- Complaint number: CB25287
- LBP number: BP1289514
- Region: Wellington
- Licence class: Site 2
- Decision date: 15 July 2020
- Penalty: 318(1)d Censure 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) db Purported to be licensed in class not held
- Summary: Respondent, a Site AOP 2 licence holder, held himself out as being licensed to carry out or supervise restricted building work that he was not licensed to carry out or supervise. Site licence does not authorise the holder to carry out or supervise restricted building work. Respondent censured and fined $2,500. Costs of 1,000. Matter dealt with on the papers.
Taylor [2020] BPB CB25302 - Penalty Decision
- Complaint number: CB25302
- LBP number: BP116708
- Region: Wellington
- Licence class: Design 2
- Decision date: 13 July 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) h Misrepresented or worked outside competence
- Summary: Negligent design work and working outside of competence by undertaking by undertaking specific engineered design. Fined $1,500, costs of $2,000. Fine reduced as Respondent accepted some responsibility and acknowledged the learnings from the complaint.
Gudsell [2020] BPB CB25368 – Final Decision
- Complaint number: CB25368
- LBP number: BP118911
- Region: Bay of Plenty
- Licence class: Carpentry, Site 2
- Decision date: 8 July 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) db Purported to be licensed in class not held
- Summary: Negligence, failure to ensure an amendment to a building consent was in place prior to the associated building work being carried out. Failure to provide a record of work on completion of restricted building work. Fined $2,000, costs of $1,000. Matter dealt with on the papers.
Mavroyannis [2020] BPB CB25328 – Upheld Substantive Decision
- Complaint number: CB25328
- LBP number: BP114527
- Region: Auckland
- Licence class: Design 1
- Decision date: 4 July 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work
- Summary: Negligent supervision of design work. Respondent’s quality assurance and checking processes inadequate. Multiple RFIs were not dealt with appropriately. Reliance on BCA for compliance. Fined $3,500, costs $3,500.
Sharp [2020] BPB CB25339 - Final Decision
- Complaint number: CB25339
- LBP number: BP121522
- Region: Bay of Plenty
- Licence class: Carpentry
- Decision date: 3 July 2020
- Penalty: 318(1)d Censure 318(1)e Retraining 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: Negligent supervision, repeated inspection failures, failures not attended to, notice to fix issued. Failure to provide a record of work. Training in supervision ordered, Censured for record of work, costs $1,000. Matter dealt with on the papers.
Waterer [2020] BPB CB25301 - Final Decision
- Complaint number: CB25301
- LBP number: BP115903
- Region: Auckland
- Licence class: Carpentry, Site 2
- Decision date: 3 July 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: Failure to provide a record of work on completion of restricted building work. Fined $1,500, costs $500. Matter dealt with on the papers.
Thomas [2020] BPB CB25282 – Final Decision
- Complaint number: CB25282
- LBP number: BP117035
- Region: Wellington
- Licence class: Carpentry
- Decision date: 26 June 2020
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
Robinson [2020] BPB CB25333 - Final Decision
- Complaint number: CB25333
- LBP number: BP113862
- Region: Otago
- Licence class: Carpentry
- Decision date: 25 June 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
- Summary: Respondent convicted of sexual assault in the District Court. Serious offending. Found to have committed an offence which reflected on his fitness to carry out or supervise restricted building work. Licence cancelled for five years. Costs $500. Publication ordered. Matter dealt with on the papers.