Complaints that did not proceed

Alteration on dwelling including addition of new kitchen.

• Brought the LBP scheme into disrepute.

• No building consent obtained
• Did not comply with Notice to fix
• Retrospective plans not up to draughtsman standard

Respondent was not an LBP at the time the work was carried out.

Replacement of driveways and paths and repair of curbing following earthquake damage.

• Carried out or supervised building work in a negligent or incompetent manner.

• Concern about the quality of finish.

Building work complied with the Building Code – basis of complaint relates to contractual/ financial dispute.

Design of alterations to existing house and new granny flat.

• Carried out work in a negligent or incompetent manner.
• Misrepresented competence.
• Carried out or supervised work outside of competence.
• Brought the LBP scheme into disrepute.

• Concern surrounding time taken to produce the design.
• Estimated cost exceeded budget and fees too high for work that was done.
• Ownership of CAD designs was disputed.

No evidence that work was negligent or incompetent.

Work undertaken fitted within scope of licensing class therefore no evidence of misrepresentation or not working within competence.

Declining to provide CAD designs does not mean that individual is bringing or likely to bring LBP scheme into disrepute.

Boundary fence and retaining wall. (Complaint from neighbour)

• Carried out work in a negligent or incompetent manner.

• Concern about height of fence and that children may climb and fall from it.
• Concern that gaps between fence and retaining wall were dangerous.

Building work complied with the Building Code – basis of complaint related to dispute under Fencing Act 1978.

Built two garages and assisted owner renovate a re-sited dwelling.

• Brought the LBP scheme into disrepute.

• Repair work carried out without a building consent.
• Unconsented work not complying with the Building Code.

Insufficient evidence to warrant investigation as unable to determine what work was carried out by the LBP and what by the property owner.

Design of residential building

• Brought the LBP scheme into disrepute.

• Duplicated plans used from property designed under earlier employment.

Does not meet high threshold of bringing the LBP scheme into disrepute – private dispute between two designers.

Provision of Certificates of Design Work 

(Complaint by BCA)

• Brought the LBP scheme into disrepute.

• Three Certificates of Design work were provided by LBP with three different signatures.

Two of the three Certificates were completed by the LBP – the signatures differed as LBP uses two (English and Asian).

The third Certificate was not signed by, nor was the design work carried out or supervised by the LBP being complained about.

Provision of Record of Work

• Failed, without good reason to provide a Record of Work

• LBP has not provided a Record of Work on completion of construction of RBW.

Unable to locate LBP to notify of complaint and obtain their account of events. 

Note: In this case, the LBP’s file has been flagged. Should they attempt to relicense and/or seek to update contact details the Board will be notified and complaint may proceed.