The LBP complaints process
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Introduction
Anyone can complain to the Building Practitioners Board (the Board) about the conduct of an LBP, even if the person complained about is no longer an LBP.
A complainant must complete a form outlining the reasons for the complaint. The Board will investigate the complaint and decide whether to hold a hearing. The complainant may choose whether to attend the hearing but must attend if summonsed by the Board. The Board’s decision about the complaint will be communicated to the LBP and the complainant.
If a complaint is upheld, the Board may order the LBP to pay any costs and expenses incurred by the Board from investigating the complaint.
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Roles in the complaints process
Registrar:
The Registrar of Licensed Building Practitioners is responsible for the register of LBPs and for deciding whether a person meets the requirements for licensing.
Building Practitioners Board:
The Building Practitioners Board (the Board) hears complaints about LBPs.
Board Secretary:
The Board Secretary provides support to the Board.
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Grounds for disciplining an LBP
The Building Practitioners Board can take disciplinary action against an LBP. The grounds for discipline are that the LBP has:
- been convicted of a serious offence that reflects on their fitness to be an LBP
- done work negligently or incompetently
- done restricted building work that they are not licensed to do (once restricted building work comes into force)
- carried out or supervised work that does not comply with a building consent
- held themselves out to be licensed in an area they are not
- not provided the memorandums necessary for restricted building work
- got their licence dishonestly.
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Checking for complaints upheld against LBPs
The LBP Register records complaint upheld against an LBP for three years. It does not record complaints which were dismissed.
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No compensation
The Board cannot award compensation or reparation to a complainant.
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Penalties that can be imposed on an LBP
The range of disciplinary penalties are:
- cancel an LBP’s licence
- suspend an LBP’s licence for up to 12 months
- restrict the type of work that an LBP can do or supervise
- order that an LBP be formally reprimanded
- order an LBP to do training
- fine an LBP up to $10,000.
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Making a complaint
To make a complaint about an LBP, complete a complaint form. Outline the grounds for discipline that you think may apply, the conduct the complaint is about, and what steps have been taken to resolve the complaint. You also need to provide supporting evidence.
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Next steps
Once the Board Secretary receives a complaint form and the supporting information, the LBP will be advised. The Registrar will investigate and provide a report on the complaint to the Board. The Board will then decide whether to proceed with the complaint and hold a hearing. The hearing is usually held in the main centre closest to where the LBP lives.
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At the complaint hearing
The LBP complained about will be invited to attend the hearing and present their case.
The Registrar will present the report on the complaint to the Board, summarising the details, including the grounds for the complaint and the facts disputed between the parties.
The complainant will be given the opportunity to confirm that the Registrar’s report is accurate and to provide any further information.
The LBP may (with permission from the Board) question the complainant and any witnesses.
The Board may question the complainant, the LBP, and any witnesses, at any time during the hearing.
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Complaint outcome
The Board will consider all the evidence from the hearing. The Board will advise the complainant and the LBP of its decision in writing, as soon as possible after the hearing. The Board’s decision can be appealed to the District Court.
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Costs and expenses
If a complaint is upheld, the Board may order the LBP to pay to the costs and expenses of the investigation and hearing.
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Appeals to a District Court
You can make an appeal to a District Court if you are unhappy with the Board’s decision about disciplinary action.
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Complaints heard to date
No complaints have been heard to date.
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Contact
For any queries or questions about complaints contact our free Helpline on 0800 60 60 50 or email info@dbh.govt.nz.
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