Past complaint decisions
Summaries of past complaint decisions by the Board.
Displaying 20 of 1597 results
Complaint C2-01903 - Substantive
- Complaint number: C2-01903
- LBP number: BP128172
- Region: Auckland
- Licence class: Roofing, Site 2
- Decision date: 4 December 2018
- 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 $1,000 and ordered to pay costs of $500
Complaint C2-01799 - Substantive Decision
- Complaint number: C2-01799
- LBP number: BP102440
- Region: Bay of Plenty
- Licence class: Carpentry, Site 2
- Decision date: 3 December 2018
- 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: Negligence and carrying out building work outside of the Respondent’s competence. Neglgience related to carrying out building work without a building consent and to compliance of the building work that the Respondent supervised. Building work did not comply with current requirements of NZS3604, Respondent using superseded version. Working outside of competence by developing structural solutions that required engineering input. Fined $4,000 and costs of $2,000.
Complaint C2-01899 - Substantive
- Complaint number: C2-01899
- LBP number: BP129264
- Region: Auckland
- Licence class: Carpentry, Site 1
- Decision date: 3 December 2018
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work
- Summary: Negligence in failing to obtain a building consent prior to carrying out building work that did not come within the provisions of Schedule 1 of the Building Act. Fined $2,000, costs of $2,000 ordered.
Complaint CB24972 (C2-01883) - Substantive
- Complaint number: CB24972 (C2-01883)
- LBP number: BP103437
- Region: Auckland
- Licence class: Carpentry
- Decision date: 3 December 2018
- Penalty: 318(1)d Censure 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 317(1) b Negligent or incompetent work - not upheld
- Summary: Disrepute upheld on the basis of the Respondent’s communications with the Complainant. Communications were abusive, offensive and unacceptable. Failure to provide a record of work. Negligence not upheld, insufficient evidence to make a finding. Respondent censured and fined $1,500, costs of $2,000 ordered.
Complaint C2-01879 - Not Upheld
- Complaint number: C2-01879
- LBP number: BP118727
- Region: Auckland
- Licence class: Roofing, Site 2
- Decision date: 3 December 2018
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld
- Summary: Complaint not upheld. Allegation of negligence, finding that the Respondent had not carried out or supervised the building work.
Complaint C2-01932 - Substantive
- Complaint number: C2-01932
- LBP number: BP118856
- Region: Bay of Plenty
- Licence class: Design 2
- Decision date: 22 November 2018
- 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) i Conduct likely to bring the regime into disrepute
- Summary: Negligence and disrepute. Respondent’s design did not meet required standards. Respondent took the full fee without completing the design and submitting it for a consent as per agreement. Respondent manufactured excuses. Licence cancelled due to seriousness and it being a second time the Respondent had brought the regime into disrepute. Costs of $3,000. Publication ordered.
Complaint C2-01918 – Substantive Decision
- Complaint number: C2-01918
- LBP number: BP110066
- Region: Auckland
- Licence class: Carpentry, Design 2, Site 2
- Decision date: 21 November 2018
- 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. Due to significant mitigating factors, the Respondent was fined $500 and ordered to pay costs of $500.
Complaint C2-01901 - Substantive
- Complaint number: C2-01901
- LBP number: BP114008
- Region: Canterbury
- Licence class: Carpentry
- Decision date: 20 November 2018
- Penalty: 318(1)a Cancel licence 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) i Conduct likely to bring the regime into disrepute 317(1) b Negligent or incompetent work - not upheld
- Summary: Respondent brought regime into disrepute. Unrealistic price given, amounts paid by client not applied to costs associated with contract. Pricing processes were not negligent but price was used as an inducement. Failure to provide a record of work. Fourth disciplinary offence, Respondent’s licence cancelled for five years. Costs of $3,000.
Complaint C2-01898 – Not Upheld
- Complaint number: C2-01898
- LBP number: BP117125
- Region: Auckland
- Licence class: Carpentry
- Decision date: 20 November 2018
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work - not upheld
- Summary: Building work completed did not come within the definition of restricted building work as defined in the Building (Definition of Restricted Building Work) Order 2011. No record of work was therefore required.
Complaint C2-01866 - Substantive
- Complaint number: C2-01866
- LBP number: BP121585
- Region: Bay of Plenty
- Licence class: Carpentry, Site 1
- Decision date: 16 November 2018
- 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
- Summary: Negligence in failing to ensure a building consent was in place for the install of a lift in a residential dwelling and in the manner in which the building work was carried out. Building work involved structural changes and did not fit within the Schedule 1 exemptions. Respondent fined $3,000 and ordered to pay costs of $2,000.
Complaint C2-01896 - Penalty
- Complaint number: C2-01896
- LBP number: BP130756
- Region: Bay of Plenty
- Licence class: Carpentry
- Decision date: 12 November 2018
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work 317(1) h Misrepresented or worked outside competence
- Summary: Board upheld indicative penalty decision. Submissions provided did not address penalty, costs or publication and Board reduced penalty in indicative penalty decision due to mitigation and so did not warrant a change in penalty. Fined $1,000 and costs of $500.
Complaint C2-01861 - Substantive
- Complaint number: C2-01861
- LBP number: BP102359
- Region: Auckland
- Licence class: Carpentry
- Decision date: 12 November 2018
- Penalty: 318(1)b Suspend licence 318(1)e Retraining 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent
- Summary: Negligence in failing to ensure building consent conditions as regards excavations were complied with. Failings were also contrary to the building consent issued. Additionally formwork for a foundation was constructed that was contrary to the building consent. Respondent’ licence suspended until training ordered by the Board is completed. Costs of $2,000.
Complaint C2-01869 - Substantive
- Complaint number: C2-01869
- LBP number: BP118316
- Region: Auckland
- Licence class: Carpentry
- Decision date: 12 November 2018
- 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 317(1) h Misrepresented or worked outside competence
- Summary: Negligent building work and working outside of competence in carrying out plumbing work. Failure to provide a record of work. Respondent fined $3,500, costs of $1,500.
Complaint C2-01858 - Substantive
- Complaint number: C2-01858
- LBP number: BP110424
- Region: Auckland
- Licence class: Design 2
- Decision date: 9 November 2018
- Penalty: 318(1)d Censure 318(4) Pay costs
- Disciplinary grounds: 317(1) b Negligent or incompetent work
- Summary: Respondent was censured and ordered to pay costs of $1,500.
Complaint C2-01860 - Penalty
- Complaint number: C2-01860
- LBP number: BP127782
- Region: Taranaki
- Licence class: Carpentry, Site 1
- Decision date: 8 November 2018
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
- Summary: Board upheld indicative penalty decision. Matters raised in submission were taken into account in initial view of penalty and so did not warrant a change. Fined $1,000 and costs of $500.
Complaint C2-01890 - Not Upheld
- Complaint number: C2-01890
- LBP number: BP118360
- Region: Northland
- Licence class: Carpentry
- Decision date: 5 November 2018
- Disciplinary grounds: 317(1) b Negligent or incompetent work - not upheld 317(1) c Not licensed for class of work - not upheld 317(1) d Work not compliant with building consent - not upheld
- Summary: Complaint not upheld. Board found the Respondent had not carried out design work, was not the Licensed Building Practitioner who had carried out aspects of the building work complained about and that other aspects were not serious enough to warrant a disciplinary outcome.
Complaint C2-01875 - Substantive
- Complaint number: C2-01875
- LBP number: BP126589
- Region: Wellington
- Licence class: Roofing
- Decision date: 1 November 2018
- 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) h Misrepresented or worked outside competence - not upheld
- Summary: Negligent supervision of roofing work which was outside of the Respondent’s class of licence. Respondent did not take any steps to ensure the person who carried out the building work was licensed. Person claimed to be licensed but was not. Responsibility fell to the Respondent. Fined $1,500 and ordered to pay costs of $1,000.
Complaint C2-01836 - Substantive
- Complaint number: C2-01836
- LBP number: BP119121
- Region: Waikato
- Licence class: Carpentry
- Decision date: 30 October 2018
- Penalty: 318(1)f Pay fine 318(4) Pay costs
- Disciplinary grounds: 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: Respondent found to have brought the regime into disrepute. Negligence and contrary to a consent not upheld as foundation building work completed by another licensed building practitioner and other departures were not sufficiently serious enough to warrant a disciplinary outcome. Disrepute related to the creation of a false or misleading contract in order to secure finance. Respondent fined $4,500, costs of $1,500 ordered.
Complaint C2-01895 - Substantive
- Complaint number: C2-01895
- LBP number: BP112376
- Region: Auckland
- Licence class: Carpentry, Site 1
- Decision date: 30 October 2018
- Penalty: 318(1)d Censure 318(4) Pay costs
- Summary: Failure to provide a record of work on completion of restricted building work. Respondent claimed a dispute prevented completion. Completion had occurred and Respondent knew or ought to have known that restricted building work was complete. Significant mitigation present. Respondent censured. Costs of $500.
Board Inquiry C2-01906 - Substantive
- Complaint number: C2-01906
- LBP number: BP125740
- Region: Auckland
- Licence class: Roofing
- Decision date: 30 October 2018
- 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: Respondent found to have brought the regime into disrepute. Respondent made continuous and repeated threats of violence in relation to a disputed debt. Abusive messages with explicit sexual references were also sent. Respondent’s licence cancelled for three years and costs of $2,500 ordered. Publication also ordered.