Past complaint decisions
Summaries of past complaint decisions by the Board.
Displaying 20 of 1597 results
Complaint CB25106 2019 – Not upheld
- Complaint number: CB25106
- LBP number: BP124238
- Region: Auckland
- Licence class: Site 2
- Decision date: 8 October 2019
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld 317(1) c Not licensed for class of work - not upheld
- Summary: Complaint not upheld. Evidence at hearing that a licensed person did supervise restricted building work. Negligence did not reach disciplinary threshold.
Complaint CB25066 2019 - Penalty
- Complaint number: CB25066
- LBP number: BP118692
- Region: Auckland
- Licence class: Carpentry
- Decision date: 30 September 2019
- 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) da Failed to supply certificate / record of work
- Summary: Penalty decision upheld. No mitigation presented. Licence cancelled for 3 years, costs of $750, publication ordered.
Complaint CB25067 2019 - Substantive
- Complaint number: CB25067
- LBP number: BP127827
- Region: Waikato
- Licence class: Carpentry
- Decision date: 23 September 2019
- Penalty: 318(1)d Censure 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) i Conduct likely to bring the regime into disrepute - not upheld
- Summary: Negligence upheld. Building work carried out prior to a building consent issuing. Mitigating circumstances present, censured and ordered to pay costs of $1,500.
Evans [2019] BPB CB25112 – Penalty decision
- Complaint number: CB25112
- LBP number: BP118105
- Region: Bay of Plenty
- Licence class: Design 2
- Decision date: 17 September 2019
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work
- Summary: Penalty order upheld. Fined $2,500 and ordered to pay $1,750 in costs.
Complaint CB25062 2019 - Substantive
- Complaint number: CB25062
- LBP number: BP130809
- Region: Wellington
- Licence class: Carpentry
- Decision date: 17 September 2019
- 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. Respondent fined $1,500. Costs of $500.
Complaint CB25040 2019 - Substantive
- Complaint number: CB25040
- LBP number: BP108663
- Region: Bay of Plenty
- Licence class: Carpentry
- Decision date: 13 September 2019
- Penalty: 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) i Conduct likely to bring the regime into disrepute - not upheld
- Summary: Respondent was found to have been negligent in having carried out building work on a number of dwellings without building consents. Respondent’s company had been convicted in the District Court under section 40 of the Act. Respondent was ordered to pay a fine of $6,000 and costs of $2,000. Publication was ordered.
Complaint CB25081 2019 - Penalty
- Complaint number: CB25081
- LBP number: BP123619
- Region: Auckland
- Licence class: Carpentry
- Decision date: 30 August 2019
- 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: Fine and costs upheld. Submissions did not disclose any mitigating circumstances. Respondent fined $2,250 and ordered to pay costs of $1,000.
Complaint CB25083 2019 - Penalty
- Complaint number: CB25083
- LBP number: BP126664
- Region: Auckland
- Licence class: Carpentry
- Decision date: 29 August 2019
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: The Board has upheld its initial view. Respondent fined $1,500, costs of $500.
Gardiner [2019] BPB CB25049 - Penalty Decision
- Complaint number: CB25049
- LBP number: BP131819
- Region: Waikato
- Licence class: Carpentry
- Decision date: 21 August 2019
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: Penalty reduced from a fine of $1,500 to $500 on the basis that the Respondent relied on erroneous legal advice. Costs maintained at $500.
Complaint CB25082 2019 - Not Upheld
- Complaint number: CB25082
- LBP number: BP114742
- Region: Bay of Plenty
- Licence class: Carpentry
- Decision date: 15 August 2019
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work - not upheld
- Summary: Complaint not upheld. Respondent did carry out restricted building work and had failed to provide a record of work on completion, but the Board found that a good reason existed. Respondent suffering neurological condition.
Complaint CB25077 2019 - Substantive
- Complaint number: CB25077
- LBP number: BP132040
- Region: Bay of Plenty
- Licence class: Carpentry, Site 2
- Decision date: 15 August 2019
- 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. Respondent fined $1,000. Costs of $500. Fine reduced on the basis that a record of work was provided to the main contractor who did not pass it on.
Complaint CB25098 2019 - Substantive
- Complaint number: CB25098
- LBP number: BP102952
- Region: Otago
- Licence class: Carpentry
- Decision date: 15 August 2019
- Penalty: 318(1)d Censure 318(4) Pay costs
- Disciplinary grounds: 317(1) d Work not compliant with building consent 317(1) b Negligent or incompetent work - not upheld 317(1) da Failed to supply certificate / record of work - not upheld 317(1) h Misrepresented or worked outside competence - not upheld
- Summary: Building consent not complied with as a result of minor variations not being dealt with during the build. Negligence not upheld as conduct not serious enough. No evidence to substantiate working outside of competence. Censure and costs of $2,000.
Complaint CB25055 2019 - Substantive
- Complaint number: CB25055
- LBP number: BP130749
- Region: Auckland
- Licence class: Carpentry
- Decision date: 15 August 2019
- 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. Respondent submitted that another contractor completed the restricted building work so he could not do a record of work. Submission rejected. Negligence not upheld, conduct not serious enough. Fined $1,000, costs $1,000.
Complaint CB24639 2019 - Substantive
- Complaint number: CB24639
- LBP number: BP111788
- Region: Auckland
- Licence class: Carpentry
- Decision date: 15 August 2019
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) d Work not compliant with building consent 317(1) b Negligent or incompetent work - not upheld
- Summary: Building work carried out contrary to a building consent. Changes made to building consent without the required approvals being granted. Negligence not upheld, conduct did not reach the required seriousness threshold for disciplinary action. Fined $2,500, costs of $2,000.
Prakash [2019] BPB CB25042 – Not Upheld Decision
- Complaint number: CB25042
- LBP number: BP132679
- Region: Auckland
- Licence class: Carpentry
- Decision date: 15 August 2019
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld 317(1) da Failed to supply certificate / record of work - not upheld 317(1) i Conduct likely to bring the regime into disrepute - not upheld
- Summary: Complaint not upheld. No evidence of negligence. Conduct did not meet the threshold for disrepute. Record of work provided within a reasonable period of time.
Complaint CB25087 2019 - Substantive
- Complaint number: CB25087
- LBP number: BP132040
- Region: Canterbury
- Licence class: Foundations
- Decision date: 14 August 2019
- 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. Respondent fined $1,500. Costs of $500.
Gamble [2019] BPB CB25101 - Not Upheld
- Complaint number: CB25101
- LBP number: BP120704
- Region: Auckland
- Licence class: Carpentry
- Decision date: 14 August 2019
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld
- Summary: Complaint not upheld. Allegation of negligence in relation to a failure to ensure a building consent was in place and in relation to the quality and compliance of the building work. Board found building work came within an exemption to a building consent in Schedule 1 of the Act and that the quality and compliance issues did not reach the seriousness threshold for a disciplinary outcome.
Complaint CB25128 2019 - Not upheld
- Complaint number: CB25128
- LBP number: BP109054
- Region: Auckland
- Licence class: Carpentry
- Decision date: 14 August 2019
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld
- Summary: Complaint not upheld. Allegation of negligence. Did not reach the seriousness threshold for a disciplinary outcome.
Complaint CB25066 2019 - Substantive
- Complaint number: CB25066
- LBP number: BP118692
- Region: Auckland
- Licence class: Carpentry
- Decision date: 13 August 2019
- 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) da Failed to supply certificate / record of work
- Summary: Respondent convicted of tax evasion for substantial sums for which he was imprisoned. Offence under section 317(1)(a) upheld in that the offence that he was convicted for reflected on is fitness to be a LBP. Respondent also failed to provide a record of work. Licence cancelled for 3 years, costs of $750, publication ordered.
Complaint CB25097 2019 - Penalty
- Complaint number: CB25097
- LBP number: BP117166
- Region: Auckland
- Licence class: Carpentry
- Decision date: 13 August 2019
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: Fine reduced to $1,000 on the basis of mitigation presented. Failure to provide a record of work on completion of restricted building work. Costs of $500. Matter dealt with on the papers.