Decision of the Building Practitioners Board in Respect of the Conduct of a Licensed Building Practitioner

Codewords 104: December 2021

Decision of the Building Practitioners Board in Respect of the Conduct of a Licensed Building Practitioner

The Building Practitioners Board can make their own inquiries into the conduct of a licensed building practitioner (LBP) without receiving a complaint. Lauchlan MacMillan was the respondent in one such recent Board initiated inquiry.

Disciplinary offences under consideration

It is a disciplinary offence if an LBP has been convicted by any Court in New Zealand or elsewhere of an offence punishable by imprisonment for a term of 6 months or more, and the commission of the offence reflects adversely on the person’s fitness to carry out or supervise building work.

It is also grounds for discipline if an LBP conducts himself or herself in a manner that brings, or is likely to bring, this regime into disrepute.

In this instance, the Board decided that a formal hearing was not necessary as they considered that there was sufficient evidence before it to allow it to decide on the papers. However, the Board first provided MacMillan with a draft copy of its decision and the opportunity to comment prior to making their final decision. To clarify the above, ‘on the papers’ means that the Board considered there was sufficient evidence before it to allow it to make a decision without the need to call witnesses.

The evidence

In February 2020, MacMillan was convicted in the New Plymouth District Court on the charges of possession and supply of methamphetamine and amphetamine and sentenced to two years and 10 months imprisonment.

MacMillan operated the Taranaki Fowler Homes franchise, and, following his arrest, his business was put into liquidation, owing creditors more than $1.2m

Penalty, costs and publication

The Board has cancelled MacMillan’s licence, and he may not apply to be relicensed within a period of twelve months, and he was ordered to pay $500 towards the costs of, and incidental to, the inquiry of the Board.

As well as recording the Board’s action on the LBP register, it was decided that it will also be publically notified.

The function of disciplinary action

The common understanding of the purpose of professional discipline is to uphold the integrity of the profession. The focus is not punishment, but the protection of the public, the maintenance of public confidence and the enforcement of high standards of propriety and professional conduct.