Past complaint decisions

Summaries of past complaint decisions by the Board.

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Displaying 20 of 1258 results

Kumar [2022] BPB CB25518 – Substantive Decision

  • Complaint number: CB25518
  • LBP number: BP130769
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 5 April 2023
  • 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 homeowners made a complaint about the workmanship on their new 2-storey dwelling. A Council site inspection report set out the instances of unsatisfactory building work and building work which was not in accordance with the building consent. After determining the Respondent’s role on this project, the question for the Board was whether the Respondent’s supervision of the building work was negligent or incompetent. This required a determination of 2 issues – had the Respondent departed from an acceptable standard, and, if so, was that departure serious enough to warrant a disciplinary finding.

    The further issue before the Board was whether the work the Respondent supervised had been carried out in a manner contrary to the building consent. To determine this issue, the Board has only to find that building work departed from the building consent and does not have to consider if that departure was deliberate or negligent. However, the seriousness of the conduct under investigation does have to be taken into account.

    In addition, the Respondent did not provide a record of work to the Complainant or the Territorial Authority. The Respondent ceased work on the project before its completion, but he did not consider that his restricted building work was complete as he expected to return to the site. There were also outstanding money issues. The question for the Board was whether the Respondent had failed to provide a record of work on the completion of restricted building work. There were 2 issues that had to be determined. Firstly, was the Respondent’s restricted building work complete, and, secondly, if it was, did the non-payment of his invoices constitute a good reason not to provide the records of work.

    The Board investigated the issues and decided that the Respondent had been negligent in his supervision of the building work and that the building work was not in accordance with the building consent. The Board also found that the Respondent’s restricted building work was complete and that non-payment was not a good reason to withhold his record of work.

    The Board decided that the Respondent would be fined $3,000 and ordered to pay costs of $2,500.
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Langi [2022] BPB CB26040 – Substantive Decision

  • Complaint number: CB26040
  • LBP number: BP133668
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 5 April 2023
  • 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 homeowners made a complaint about the workmanship on their new 2-storey dwelling. A Council site inspection report set out the instances of unsatisfactory building work and building work which was not in accordance with the building consent. After determining the Respondent’s role on this project, the question for the Board was whether the Respondent’s supervision of the building work was negligent or incompetent. This required a determination of 2 issues – had the Respondent departed from an acceptable standard, and, if so, was that departure serious enough to warrant a disciplinary finding.

    The further issue before the Board was whether the work the Respondent supervised had been carried out in a manner contrary to the building consent. To determine this issue, the Board has only to find that building work departed from the building consent and does not have to consider if that departure was deliberate or negligent. However, the seriousness of the conduct under investigation does have to be taken into account.

    In addition, the Respondent did not provide a record of work to the Complainant or the Territorial Authority. The Respondent ceased work on the project before its completion, but he did not consider that his restricted building work was complete as he expected to return to the site. There were also outstanding money issues. The question for the Board was whether the Respondent had failed to provide a record of work on the completion of restricted building work. There were 2 issues that had to be determined. Firstly, was the Respondent’s restricted building work complete, and, secondly, if it was, did the non-payment of his invoices constitute a good reason not to provide the records of work.

    The Board investigated the issues and decided that the Respondent had been negligent in his supervision of the building work and that the building work was not in accordance with the building consent. The Board also found that the Respondent’s restricted building work was complete and that non-payment was not a good reason to withhold his record of work.

    The Board decided that the Respondent would be fined $3,000 and ordered to pay costs of $2,500.
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Dobney [2022] BPB CB25986 – Penalty Decision

  • Complaint number: CB25986
  • LBP number: BP129388
  • Region: Auckland
  • Licence class: Carpentry
  • Decision date: 4 April 2023
  • Penalty: 318(1)d Censure
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
  • Summary: A complaint was made that the Respondent had failed to provide a record of work on completion of restricted building work following a failed joint venture build.

    The Respondent argued that his restricted building work had not been completed. The Board found that it was complete, as the Respondent knew others had finished the work and that he would not be able to return and carry out any further restricted building work.

    The Board imposed a censure for the failure to provide a record of work on the basis that there were extenuating mitigating factors. No costs order was made on the same basis, and because the Respondent has been adjudicated as bankrupt.
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Smith [2022] BPB CB26034 – Substantive Decision

  • Complaint number: CB26034
  • LBP number: BP110965
  • Region: Auckland
  • Licence class: Carpentry, Site 2
  • Decision date: 3 April 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work - not upheld
  • Summary: The Respondent is fined $1,500 and ordered to pay costs of $2,000. A record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
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Taupo [2022] BPB CB26109 and CB26110 – Final Decision

  • Complaint number: CB26109 and CB26110
  • LBP number: BP120568
  • Region: Omitted
  • Licence class: Brick and Blocklaying
  • Decision date: 27 March 2023
  • 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 failed to provide 2 records of work on the completion of restricted building work.

    He is fined $500 in respect of each (total fines of $1,000) and ordered to pay costs of $250 in respect of each (total costs of $500).

    The disciplinary finding will be recorded on the public Register for a period of 3 years.
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Karton [2022] BPB CB25951 – Not Upheld Decision

  • Complaint number: CB25951
  • LBP number: BP131424
  • Region: Canterbury
  • Licence class: Brick and Blocklaying
  • Decision date: 23 March 2023
  • 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 317(1) h Misrepresented or worked outside competence - not upheld
  • Summary: The Respondent has not committed a disciplinary offence.

    The Board made its decision on the basis that the Respondent followed the directions of an authorised Building Control Officer.
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Manahi [2022] BPB CB26002, CB26003, CB26004 and CB26005 – Penalty Decision

  • Complaint number: CB26002, CB26003, CB26004, and CB26005
  • LBP number: BP132078
  • Region: Northland
  • Licence class: Carpentry
  • Decision date: 23 March 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
  • Summary: The Complainant, a main contractor, contracted the Respondent to carry out building work on 4 new houses. The work started but, as a result of a contractual dispute, did not finish. The Complainant then sought records of work from the Respondent. The Respondent refused on the basis that his restricted building work was not complete and he had not been paid all that he was owed.

    The question for the Board was whether the Respondent had failed to provide a record of work on the completion of restricted building work. There were 2 issues that had to be determined. Firstly, was the Respondent’s restricted building work complete, and, secondly, if it was, did the non-payment of his invoices constitute a good reason not to provide the records of work.

    The Board found that the Respondent’s restricted building work was complete and that non-payment was not a good reason to withhold the records of work. The Board decided that the Respondent would be fined $500 and ordered to pay costs of $500. The orders were reduced on the basis that there were significant mitigating factors.
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Trainor [2022] BPB CB25936 – Not Upheld Decision

  • Complaint number: CB25936
  • LBP number: BP100998
  • Region: Canterbury
  • Licence class: Carpentry, Site 2
  • Decision date: 23 March 2023
  • 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 317(1) h Misrepresented or worked outside competence - not upheld
  • Summary: The Respondent has not committed a disciplinary offence.

    The Board made its decision on the basis that the Respondent followed the directions of an authorised Building Control Officer.
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Oughton [2022] BPB CB25950 – Not Upheld Decision

  • Complaint number: CB25950
  • LBP number: BP129076
  • Region: Canterbury
  • Licence class: Carpentry
  • Decision date: 23 March 2023
  • 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 317(1) h Misrepresented or worked outside competence - not upheld
  • Summary: The Respondent has not committed a disciplinary offence.

    The Board made its decision on the basis that the Respondent followed the directions of an authorised Building Control Officer.
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Nicholson [2022] BPB CB26026 – Substantive Decision

  • Complaint number: CB26026
  • LBP number: BP130078
  • Region: Auckland
  • Licence class: Roofing
  • Decision date: 22 March 2023
  • 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) d Work not compliant with building consent 317(1) db Purported to be licensed in class not held 317(1) da Failed to supply certificate / record of work - not upheld
  • Summary: The Respondent has carried out or supervised building work in a negligent manner, in a manner that was contrary to a building consent, and carried out building work of a type that he was not licensed to carry out or supervise. He also held himself out as licensed to carry out or supervise building work of a type which he was not at that time licensed to carry out or supervise. The Respondent did not fail to provide a record of work.

    The Respondent is fined $2,500 and ordered to pay costs of $3,500. The decision will be recorded in the Register of Licensed Building Practitioners for a period of 3 years, and the matter will be published in Code Words. The Respondent will not be named in the publication.
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Liu [2022] BPB CB25966 – Penalty/Final Decision

  • Complaint number: CB25966
  • LBP number: BP132003
  • Region: Auckland
  • Licence class: Brick and Blocklaying, Foundations
  • Decision date: 21 March 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) da Failed to supply certificate / record of work
  • Summary: [1] The Respondent supervised foundations work on two blocks of units. He also contracted to complete blockwork. The blockwork was supervised by another Licensed Building Practitioner. The issues before the Board were whether the building work that was supervised by Respondent had been carried out in a negligent or incompetent manner or in a manner that was contrary to the building work. Also, at issue was whether a record of work had been provided on completion of restricted building work.
    [2] This decision sets out that whilst there were quality and compliance issues with the foundations, those issues were not serious enough for the Board to make a disciplinary finding. It also notes that the Respondent’s restricted building work was complete and that a record of work had not been provided.
    [3] The Board decided, with respect to the failure to provide a record of work, that the Respondent would be fined $1,000 and ordered to pay costs of $1,500. The penalty was reduced on the basis that there were mitigating factors. The costs were reduced on the basis that the Respondent was partially successful in his defence of the charges.
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Magele [2022] BPB CB25992 – Substantive Decision

  • Complaint number: CB25992
  • LBP number: BP126358
  • Region: Wellington
  • Licence class: Carpentry
  • Decision date: 20 March 2023
  • Penalty: 318(1)a Cancel licence 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) d Work not compliant with building consent 317(1) i Conduct likely to bring the regime into disrepute - not upheld
  • Summary: The Respondent carried out or supervised building work in an incompetent manner and in a manner that was contrary to a building consent. His licence is cancelled for a period of nine (9) months. He is ordered to pay costs of $3,000. A summary of the Board’s findings will be published, and a record of the disciplinary offending will be recorded on the public register for a period of three years.
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Magele [2022] BPB CB26013 – Substantive Decision

  • Complaint number: CB26013
  • LBP number: BP126358
  • Region: Wellington
  • Licence class: Carpentry
  • Decision date: 20 March 2023
  • 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 or supervised building work in an incompetent manner and in a manner that was contrary to a building consent. He also failed to provide a record of work on completion of restricted building work. He is fined $3,000 and ordered to pay costs of $2,500. A record of the disciplinary offending will be recorded on the public register for a period of three years.
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Ma [2022] BPB CB26131 – Final Decision

  • Complaint number: CB26131
  • LBP number: BP127405
  • Region: Auckland
  • Licence class: Roofing
  • Decision date: 16 March 2023
  • 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 failed to provide a record of work on completion of restricted building work. He is fined $2,000 and ordered to pay costs of $500. The disciplinary finding will be recorded on the public Register for a period of three years.
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Taupo [2022] BPB CB25688 – Penalty Decision

  • Complaint number: CB25688
  • LBP number: BP120568
  • Region: Otago
  • Licence class: Brick and Blocklaying
  • Decision date: 15 March 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work
  • Summary: The Respondent carried out building work in a negligent manner. He is fined $2,000 and ordered to pay costs of $1,875. A record of the disciplinary offending will be recorded on the public register for a period of three years.
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Dawson [2022] BPB CB25842 – Substantive Decision

  • Complaint number: CB25842
  • LBP number: BP118670
  • Region: Auckland
  • Licence class: Design 2
  • Decision date: 13 March 2023
  • Penalty: 318(1)f Pay fine 318(4) Pay costs
  • Disciplinary grounds: 317(1) b Negligent or incompetent work 317(1) i Conduct likely to bring the regime into disrepute
  • Summary: The Respondent has carried out building work in a negligent manner and has conducted himself in a manner that brings or is likely to bring the regime under this Act for licensed building practitioners into disrepute. The Respondent is fined $3,500 and ordered to pay costs of $3,500. The decision will be recorded in the Register of Licensed Building Practitioners for a period of three years.
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