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Unlicensed builders fined for restricted building work

Press Release – Ministry of Business Innovation and Employment
Two unlicensed builders have been sentenced in separate cases relating to carrying out restricted building work without being licensed.

George Faulkner has been sentenced in the Hutt City District Court after pleading guilty to carrying out restricted building work he was not licensed to do.

Mr Faulkner was ordered to pay reparation of $4,500 in addition to a fine of $2,000 plus costs after leaving homeowners with uncompleted work.

Mr Faulkner carried out building work at the property which included the extension of a wall and installation of a sliding door, which is considered to be restricted building work, as the primary structure and external moisture management system has been altered.

Taupo man Terry Draper has been ordered to pay $3,000 plus costs for misrepresenting himself as a Licensed Building Practitioner (LBP) and undertaking restricted work, after he pled guilty to charges laid by the Ministry of Business, Innovation and Employment (MBIE).

Mr Draper was subcontracted by Landmark Homes to undertake brick and block laying work, after telling them he was licensed to do so.

Mr Draper completed a Record of Work (ROW) using a false LBP registration number indicating that he had carried out work that contributed to the primary structure and the external moisture management systems of two properties. This work is classified as restricted building work and must be carried out or supervised by an LBP.

Mr Draper’s ROW was submitted to the Taupo District Council who on review, advised Landmark Homes that Mr Draper was not a LBP.

“It is unacceptable for an unlicensed builder to claim to be an LBP when they do not hold a licence to carry out restricted building work,” says MBIE’s Occupational Licensing Operations Manager Duncan Connor. “These prosecutions send a clear message to the building industry that claiming to be a licensed building practitioner and carrying out restricted building work without holding a licence is illegal,” says Mr Connor. “Where MBIE has evidence of this occurring, we will investigate and prosecute offenders accordingly.”

The Licensed Building Practitioner scheme was established under the Building Act 2004 to ensure builders meet a minimum standard of competence in their licensed area, and are able to carry out or supervise restricted building work.

Those engaging a builder to carry out restricted building work have a responsibility to ensure the person they are engaging is licensed to do so. Any person can identify a LBP by viewing their photo ID licence card and by checking their details against the public register online at https://www.lbp.govt.nz/.

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