Licensed Building Practitioner Complaint Form

LICENSED BUILDING PRACTITIONER COMPLAINT FORMYou may use this form to make a complaint about the conduct of a Licensed Building Practitioner (“LBP”).

PLEASE READ BEFORE COMPLETING THIS FORM > The Board cannot hear complaints regarding payment disputes; commercial or contractual disputes including

employment disputes.

> You cannot make an anonymous complaint.

> You must provide enough information to enable the complaint to be investigated.

> Please ensure that the conduct you are complaining about falls within the grounds for discipline set out on 7 of this form.

> Your complaint may relate to a person who is no longer an LBP provided the person was licensed when the conduct occurred.

> Complaints may lead to an LPB being disciplined but the Board cannot award compensation or reparation, nor compel an LBP to complete building work (including remedial work).

> Please see page 18 for an outline of the disciplinary penalties available to the Board under section 318 of the Building Act 2004.

> Please be aware that, following the submission of this complaint, the matter will be investigated by the Board who will decide if it should go to a hearing. You may be required to give evidence at a hearing if one takes place. If you withdraw your complaint the Board may decide to continue with it as a Board Inquiry.

The completed form can be:

> Sent to:

The Building Practitioners Board Ministry of Business, Innovation and Employment C/- PO Box 10 729 Wellington 6143

> Or emailed to:

[email protected]

> Or refer to our guidance document:

www.lbp.govt.nz/complaints-and-past-decisions/making-a-complaint

LBP COMPL A INT F ORM; DECEMBER 2020 PAGE 1www.lbp.govt.nz

PART 1YOUR DETAILS

YOU CANNOT MAKE AN ANONYMOUS COMPLAINT

Title: Mr Mrs Miss Ms Revd Dr Other

Surname:

First names:

Company name (if applicable):

Street address:

Suburb: Town/City:

Postal address (if different from above):

Suburb: Town/City:

CONTACT DETAILS

Daytime:

Mobile:

Email address:


PART 2DETAILS OF LBP YOU ARE COMPL AINING ABOUT

DETAILS

LBP number

Check LBP public register www.lbp.govt.nz if unknown


Surname: First names:

First name known as (if different from above):


Street address:

Suburb: Town/City:


Suburb: Town/City:

Home phone number:

Mobile phone number:

Email address:

Which licensing class(es) does the LBP hold?

Design Site Carpentry Roofing External Plastering

Brick and Blocklaying Foundations

Did you sight the LBP’s licensing ID card? Yes No

Did you check the LBP public register before engaging the LBP? Yes No

If your complaint relates to building work carried out at a property:

Did the LBP you are complaining about carry out or supervise any building work on the project?

Carried out Supervised Both

http://www.lbp.govt.nz


OTHER LBPs ON SITE

Were there any other LBPs on site? Yes No

If yes, please provide their details as follows:

ADDITIONAL LBP 1

Full name: LBP number:

Work start date: Day Month Year

Work end date: Day Month Year

Work items carried out (eg. framing and bracing, design plans, roofing):

ADDITIONAL LBP 2





ADDITIONAL LBP 3





ADDITIONAL LBP 4






PART 3WHEN AND WHERE THE WORK COMPLAINED ABOUT WAS DONE

DETAILSNOTE: Building work includes sitework, design work, and the construction; alteration; demolition or removal of a building.

Project start date: Day Month Year

Project end date: Day Month Year

Dates that the LBP you are complaining about carried out or supervised building work:

Date LBP you are complaining about was initially engaged/contracted:

Day Month Year

Start date of LBP you are complaining about: Day Month Year

End date of LBP you are complaining about Day Month Year

Street address:

Suburb: Town/City:

Are you the owner of this property? Yes No

Your role in the project (if not owner):

Name of owner (if not yourself):

Owner’s daytime phone number:

Owner’s mobile phone number:

Owner’s email address:

Territorial authority (Council):

Was a building consent issued? Yes No

Has there been any variations to the consent? Yes No

Building consent number(s):

Date building consent was issued: Day Month Year

Has a Code Compliance Certificate (CCC) or Certificate of Acceptance (“COA”) been issued?

Yes (CCC) Yes (COA) No Date issued: Day

Month

Year

Was there a contract in place? Yes No If yes, please provide a copy

Was a Record of Building Work (“ROW”) or Certificate of Design Work (“COW”) provided by the LBP you are complaining about?

Yes No If yes, please provide a copy


PART 4GROUNDS FOR COMPL AINT

WHAT ARE THE ISSUES?

What work did the LBP you are complaining about carry out and /or supervise? Tick as many as applicable

New structure Design Extension Brick and blocklaying

Carpentry Roofing External plastering Reclad

Foundations Other Alterations and additions Repairs and maintenance

PLEASE USE THE BOXES BELOW AND ON THE FOLLOWING PAGES, TO PROVIDE ADDITIONAL DETAILS CONCERNING YOUR COMPLAINT

IMPORTANT! > Please only write in the boxes that are relevant to your complaint (you may attach additional pages

if you run out of space)

> Evidence MUST be provided to support your complaint

CONVICTED Offence punishable by >6 months imprisonment (See ground for discipline 1(a) on page 17)

> Please describe this in detail and include an explanation of why you believe that the offence adversely reflects on the LBP’s fitness to carry out or supervise building work.

> Please attach evidence of the offence (e.g. news articles, witness statements, copy of LBP’s criminal record, copy of sentencing notes).






NEGLIGENT AND/OR INCOMPETENT WORK LBP has carried out or supervised work in a negligent/incompetent manner (See ground for discipline 1(b) on page 17)

> Please describe this in detail, including a timeline of key dates and a detailed list of the workmanship issues eg. s/he did not put purlins in place

> Please provide annotated photographs of the work (including date stamps) and any building inspection reports that you may have






FAILURE TO PROVIDE: a Form 6a Record of Work, OR a Form 2a Certificate of Work (Please provide evidence that this was not received by the Council (eg. Council correspondence noting no Record of Work).

> Please provide evidence that the LBP carried out supervised the work being complained about (eg. itemised invoice, signed building contract, witness statement from other LBPs on site).

> Please provide evidence that this was not received by the Council (eg. Council correspondence noting no ROW).






WORK DOES NOT COMPLY WITH BUILDING CONSENT LBP has carried out or supervised work that does not comply with the Building Consent (See ground for discipline 1(d) on page 17)

> Please describe this in detail, including a timeline of key dates, and a list of the work items that did not comply with the Building Consent (and in what way these did not comply).

> Please provide annotated photographs of the work (including date stamps) and any independent reports that you may have.






LBP HELD HERSELF OR HIMSELF OUT AS BEING LICENSED TO CARRY OUT/ SUPERVISE WORK THAT S/HE WAS NOT LICENSED TO CARRY OUT/ SUPERVISE (See ground for discipline 1 (db) on page 17)

> Please describe this in detail - what work items did the LBP carry out or supervise that were outside of their licence type?

> Please provide evidence that the LBP held themselves out as being licensed eg. email correspondence/witness statement.






FALSE OR MISLEADING STATEMENT TO BECOME LICENSED LBP has intentionally made a false statement or misleading statement in order to become licensed, or for someone else to become licensed (See ground for discipline 1 (e) on page 17)

> Please describe this in detail - what work items did the LBP carry out or supervise that were outside of their licence type?

> Please provide evidence that the LBP held themselves out as being licensed eg. email correspondence/witness statement.






DISREPUTABLE CONDUCT LBP has conducted themselves in a manner that is likely to bring the regime for Licensed Building Practitioners into disrepute (See ground for discipline 1 (i) on page 17)

> Please describe the LPB’s conduct and explain why you believe their conduct is likely to bring the LBP regime into disrepute.






OTHER Note: Please ensure that the conduct you describe falls within one of the grounds for discipline noted on page 17)

> Please make a note of which ground for discipline (outlined on page 11) the LBP’s conduct falls under.

> Please describe your concern in detail including any key dates.

> Please ensure that you attach evidence to support your complaint.


PART 5STEPS TAKEN TO RESOLVE THE COMPL AINT

DETAILS

Please briefly list what steps you have already taken to resolve the complaint.


PART 6WITNESS(ES), IF ANY

IMPORTANT!A witness is anyone (other than yourself) who observed the work being carried out, and/or the finished work and/or was a party to any discussions relating to the alleged non-compliance.

Please provide details of further witnesses on a separate piece of paper if you have more than two witnesses.

WITNESS 1


Surname:

First names:


Role in project:

Street address:

Suburb: Town/City:


Suburb: Town/City:

CONTACT DETAILS

Daytime:

Mobile

Email address:

Outline the points of note the witness observed in relation to your complaint:


WITNESS 2


Surname:

First names:


Role in project:

Street address:

Suburb: Town/City:


Suburb: Town/City:

CONTACT DETAILS

Daytime:

Mobile

Email address:

Outline the points of note the witness observed in relation to your complaint:


PART 7ATTACHMENTS

How many extra sheets of paper have you attached to this form?

Please list the documents that you have attached to this form.

IMPORTANT: Please ensure you have attached any relevant documents, including those requested in Part 4.

PART 8DECL AR ATION

> I agree to all documentation relating to this complaint being released to all parties involved and declare that the information I have supplied in this form is true and correct. I understand it is an offence under the Building Act 2004 to provide false or misleading information.

> I am aware that all information I provide is subject to public release. If the Ministry or Board receive a request for this material they will be required to consider its release, in whole or in part, in terms of the criteria set out in the Official Information Act 1982. The Act requires the information to be made available unless: (1) it is considered that there is a good reason, under the Act to withhold the information; and (2) that good reason out weights the desirability, in the public interest, of making the information available. The grounds for withholding information are set out in the Official Information Act 1982.

(Please advise the Board in writing, if you have any objection to the release of any of the information/evidence you have provided and the reasons you believe it should be withheld).

SIGNATURE

Signature ................................................................................................................ Date ............................................................


GROUNDS FOR DISCIPLINE OF LICENSED BUILDING PR ACTITIONERS(SECTION 317, BUILDING ACT 2004)

1 The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in section 318 if it is satisfied that –

(a) both of the following matters apply:

(i) a licensed building practitioner has been convicted, whether before or after he or she is licensed, by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 6 months or more; and

(ii) the commission of the offence reflects adversely on the person’s fitness to carry out or supervise building work or building inspection work; or

(b) a licensed building practitioner has carried out or supervised building work or building inspection work in a negligent or incompetent manner; or

(c) a licensed building practitioner has carried out (other than as an owner-builder) or supervised restricted building work or building inspection work of a type that he or she is not licensed to carry out or supervise; or

(d) a licensed building practitioner has carried out or supervised building work or building inspection work that does not comply with a building consent; or

(da) a licensed building practitioner has failed, without good reason, in respect of a building consent that relates to restricted building work that he or she is to carry out (other than as an owner-builder) or supervise, or has carried out (other than as an owner-builder) or supervised, (as the case may be), –

(i) to provide a certificate of work about any plans and specifications required to accompany the building consent application; or

(ii) to provide the persons specified in section 88(2) with a record of work, on completion of the restricted building work, in accordance with section 88(1); or

(db) a licensed building practitioner has held himself or herself out as being licensed to carry out or supervise building work or building inspection work of a type that, at that time, he or she was not licensed to carry out or supervise; or

(e) a licensed building practitioner has, for the purposes of becoming licensed himself or herself, or for the purpose of any other person becoming licensed, –

(i) either orally or in writing, made any declaration or representation, knowing it to be false or misleading in a material particular; or

(ii) produced to the Registrar or made use of any document, knowing it to contain a declaration or representation referred to in subparagraph (i); or

(iii) produced to the Registrar or made use of any document, knowing that it was not genuine; or

(f) a licensed building practitioner has failed, without good reason, to provide to the owner the record of work referred to in clause 1(b) of Schedule 1E or clause 1(b) of Schedule 1F; or

(g) a licensed building practitioner has breached the code of ethics prescribed under section 314A; or

(h) a licensed building practitioner has breached section 314B; or

(i) a licensed building practitioner has conducted himself or herself in a manner that brings, or is likely to bring, the regime under this Act for licensed building practitioners into disrepute

2 The Board may take the action whether or not the person is still a licensed building practitioner.


DISCIPLINARY PENALTIES FOR LICENSED BUILDING PR ACTITIONERS(SECTION 318, BUILDING ACT 2004)

(1) In any case to which section 317 applies, the Board may –

(a) do both of the following things:

(i) cancel the person’s licensing and direct the Registrar to remove the person’s name from the register; and

(ii) order that the person may not apply to be relicensed before the expiry of a specified period:

(b) suspend the person’s licensing for a period of no more than 12 months or until the person meets specified conditions relating to the licensing (but, in any case, not for a period of more than 12 months) and direct the Registrar to record the suspension in the register:

(c) restrict the type of building work or building inspection work that the person may carry out or supervise under the person’s licensing class or classes and direct the Registrar to record the restriction in the register:

(d) order that the person be censured:

(e) order that the person undertake training specified in the order:

(f) order that the person pay a fine not exceeding $10,000.

(2) The Board may take only one type of action in subsection (l)(a) to (d) in relation to a case, except that it may impose a fine under subsection (l)(f) in addition to taking the action under subsection (l)(b) or (d).

(3) No fine may be imposed under subsection (l)(f) in relation to an act or omission that constitutes an offence for which the person has been convicted by a court.

(4) In any case to which section 317 applies, the Board may order that the person must pay the costs and expenses of, and incidental to, the inquiry by the Board.

(5) In addition to requiring the Registrar to notify in the register an action taken by the Board under this section, the Board may publicly notify the action in any other way it thinks fit.

Compare: 2002 No 17 s 23.

Section 31 S(l )(a)(i): amended, on 15 :March 2008, by section 81(1) of the Building Amendment Act 2008 (2008 No 4).

Section 318(1)(b): amended, on 15 March 2008, by section 81(2) of the Building Amendment Act 2008 (2008 No 4).

Section 318(l}(c): amended, on 15 March 2008, by section 81(3) of the Building Amendment Act 2008 (2008 No 4).

Licensed Building Practitioner Complaint Form

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