Making a complaint about
a licensed building practitioner
A guide to the complaint process
Introduction
The purpose of the licensed building practitioner (LBP) scheme is
to set minimum standards of competence for LBPs and make sure
that LBPs are accountable for the work they do including repairs,
renovations, and new building work.
The Building Practitioners Board (the Board) investigates and hears
complaints about licensed building practitioners to support this goal.
Anyone can complain to the Board about the conduct of a licensed
building practitioner, as long as the person complained about was
licensed at the time the conduct occurred.
The Board can discipline licensed building practitioners whose work or conduct doesn’t meet the
scheme’s standards. The Board does not deal with payment or other commercial disputes.
You can read about the grounds for discipline in section 317 of the Building Act 2004
If you have a complaint about a practitioner who is not licensed, you should refer it to the Ministry of
Business, Innovation and Employment – Consumer Protection and Standards.
Neither the Board nor MBIE can award any compensation.
This booklet will guide you through the complaint making process.
You can read the Board’s procedures for managing complaints about licensed building practitioners under
the Building Act 2004 on our website at www.lbp.govt.nz.
Contents
Contents1
Who to complain to
2
What to complain about
3
What can be done about it
4
The complaint form
5
About complaint hearings
8
The complaint hearing
9
What happens next
10
Disclaimer11
1
Who to complain to
Who you can complain to
The Building Practitioners Board investigates and hears complaints about the conduct of licensed building
practitioners, as long they were licensed at the time the conduct you are complaining about occurred.
The Board doesn’t investigate complaints about persons who are not licensed.
You can check if the person is licensed on our website at www.lbp.govt.nz
Please use the table to decide who you should send your complaint to.
If the person you’re complaining about is…
then complain to…
a licensed building practitioner
the Building Practitioners Board using the complaint
form available on our website at www.lbp.govt.nz
not licensed
the Ministry of Business, Innovation and Employment
– Building and Housing) using the complaint form
available on our website at www.lbp.govt.nz
a Registered Architect
the Registered Architects Board at
www.nzrab.org.nz
a Chartered Professional Engineer
the Institute of Professional Engineers at
www.ipenz.org.nz
a Registered Plumber, Gasfitter, or Drainlayer
the Plumbing, Gasfitters and Drainlayers Board at
www.pgdb.co.nz
an Electrical Worker
the Electrical Workers Registration Board at
www.ewrb.govt.nz
Referring complaints
The Board may refer your complaint to one of the other licensing boards, if the person you complained
about is licensed under another occupational licensing scheme. The Board will let you know if your
complaint is referred.
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What to complain about
The Board only deals with complaints about the conduct or work of licensed
building practitioners.
You can complain to the Board about what a licensed building practitioner (LBP) did or did not do, but
not about the work of other tradespersons, unless you employed LBPs with Site licences to oversee
the work.
For example, you can’t complain about a carpentry LBP if you’re not happy with painting work, even if the
carpenter subcontracted the painter who did the work.
The Board does not deal with disputes about payments or other commercial disputes.
Grounds for discipline
The Board can discipline a licensed building practitioner, if their conduct comes within the ‘grounds for
discipline of licensed practitioners’ as detailed in section 317 of the Building Act 2004
A licensed building practitioner can be disciplined if they:
• carried out or supervised work negligently or incompetently
• carried out or supervised work that does not comply with a building consent
• held themselves out to be licensed for work that they are not to licensed to do
• carried out or supervised building work or building inspection work they are not licensed for
• have been convicted of an offence that affects their fitness to do building work
• gave false information to get licensed
• failed to provide a certificate of work for a building consent application
• failed to provide a record of work to the council or the property owner
• misrepresented their competence
• carried out or supervised work outside their competence
• failed to produce their licence or notify a change in circumstances (eg, their licence has been
suspended or cancelled)
• conducted themselves in a manner that brings, or is likely to bring, the Licensed Building Practitioners
scheme into disrepute.
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What can be done about it
Protecting the public
The Registrar can suspend the licence of a person subject to disciplinary proceedings if it is necessary to
protect the public.
Disciplinary penalties
If the Board upholds your complaint about a licensed building practitioner (LBP) it can:
• suspend or cancel the LBP’s licence
• restrict the kind of work the LBP can do
• fine the LBP up to $10,000
• order the LBP to do training
• formally reprimand the LBP
• order the LBP to pay the costs of the complaint inquiry.
Any disciplinary action the Board takes will be recorded on the public register for licensed building
practitioners for three years.
Anyone looking for a licensed building practitioner will be able to read about the disciplinary action.
The Board can publicly notify the action in any other way it thinks fit.
No compensation or reparation
The Board cannot order the person you complained about to compensate you.
Fines and costs
Fines are payable to the Ministry of Business, Innovation and Employment – Building and Housing.
If the licensed building practitioner doesn’t pay their fine or an order to pay costs, then the Board can
suspend or cancel their licence.
Making a complaint
You must make your complaint in writing using the ‘Licensed building practitioner complaint form’
and send it to the Building Practitioners Board. You can download a copy from our website at
www.lbp.govt.nz or contact bpb@lbp.govt.nz or 0800 60 60 50 to ask for a copy.
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The complaint form
You must include as much information as possible so that the Board can
investigate your complaint.
Your details
Make sure you include your name and contact details, as the Board doesn’t investigate anonymous
complaints.
The licensed building practitioner’s details
Include as many contact details as you can for the licensed building practitioner you are complaining
about. The Board can’t investigate a complaint if they’re not able to identify the other party.
Where and when the work or conduct you are complaining about occurred
Make sure you give specific dates and the location where the work or conduct you are complaining
about occurred.
Grounds for discipline
You will be asked to use a checklist to match the conduct you are complaining about to the grounds of
discipline for licensed building practitioners.
What the complaint is about
You’ll need to give the details of the conduct or work you are complaining about and refer to the grounds
for discipline and the dates that the conduct applies to.
Supporting evidence
You will need to detail your evidence and attach any documents or photographs that support your
complaint to the complaint form.
Steps taken to resolve the complaint
Please detail any steps that you know of that have been taken to resolve the complaint.
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The complaint form continued
Witnesses
A witness is anyone, apart from yourself, who either:
• saw the work being done
• saw the finished work
• was a party to any discussions about the work or conduct you are complaining about.
Make sure you give the name and contact details for your witnesses and the details of any conduct or
work they saw that relate to your complaint.
Witnesses must be able to attest to matters of fact about the complaint.
Attachments
Please list your attachments and make sure they are included when you send your form.
Declaration
Copies of all documentation relating to your complaint will be given to the licensed building practitioner
who you are complaining about.
It’s an offence under the Building Act 2004 to provide false or misleading information.
You must sign the declaration to acknowledge that you understand this.
Missing information
If any of the complaint details are missing you may be asked for more information. If you don’t supply the
information within the timeframes supplied then your complaint may not be investigated.
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Investigating complaints
If the Board investigates your complaint, they will write to you and the licensed
building practitioner you complained about.
The Board will ask the Registrar to report on the complaint. The Board may appoint a special adviser to
help investigate the complaint.
The Board will then decide whether to go ahead with your complaint or to dismiss it.
If the Board decides to go ahead, your complaint must proceed to a hearing.
The Registrar’s report
The Registrar may ask you or the licensed building practitioner questions about your complaint. The
Registrar may also consult a special adviser that the Board appoints to help it investigate the complaint.
The Registrar will provide a report to the Board that includes:
• the details of the complaint
• what the licensed building practitioner said about the complaint
• any information or evidence that relates to the complaint
• what the special adviser said about the complaint, if this applies
• a summary of the complaint including the facts disputed and agreed between the parties
• the Registrar’s opinion on whether the complaint needs more investigation.
Dismissing complaints
The Board may dismiss your complaint if:
• it relates to a person who was not a licensed building practitioner at the time the work or conduct you
are complaining about occurred
• you didn’t complain in writing using the ‘Licensed building practitioner complaint form’
• you haven’t named the licensed building practitioner
• the conduct that you’re complaining about doesn’t come within the grounds for discipline
• it’s anonymous
• there’s not enough evidence to investigate the complaint
• it’s frivolous, vexatious or not made in good faith
• the conduct you are complaining about is minor or trivial
• the licensed building practitioner you are complaining about cannot be located or has died
• it has already made a decision about your complaint
• it is about a matter the Board cannot deal with (eg, a commercial dispute).
The Board will write to you if it dismisses your complaint.
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About complaint hearings
Complaint hearings
If the Board decides to proceed with your complaint it will hold a hearing.
Hearings are held in public unless the Board decides to hold them in private.
The licensed building practitioner you complained about will be invited to attend the hearing to present
his/her case.
Hearings are usually held in the main centre closest to where the licensed building practitioner lives.
You can choose whether to go to the hearing unless you are summonsed by the Board to attend. The Board
may summons you, the practitioner or any witnesses.
If the Board appoints a special adviser to help with the complaint inquiry, then he or she will attend
the hearing.
The licensed building practitioner will have the opportunity respond to what you and the special adviser
have said about them, and to provide evidence to support their position.
For this reason, all the documentation relating to your complaint is released to the licensed building
practitioner before the hearing.
Hearings on the papers
The Board may hear a disciplinary matter ‘on the papers’ if the parties agree a hearing is unnecessary, or
if they don’t show up.
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The complaint hearing
The hearing
Investigating and hearing complaints is a formal legal process and you, the licensed building practitioner
you complained about, and any witnesses must give their evidence under oath.
A special adviser will present his or her report about your complaint to the Board. He/she will summarise
the details, including the grounds for discipline and the facts disputed between the parties.
You will have the opportunity to confirm that the report is accurate and provide any further information.
This can include hearing from witnesses.
Licensed building practitioners have the opportunity respond to what you and the special adviser have
said about them, and to provide evidence to support their positions.
The LBP may ask the Chairperson of the Board (The Chair) for permission to ask you and your witnesses
questions, and the Chair will decide whether to allow it. If he or she does allow it, then the Chair will ask
the questions.
The Board may question you, the licensed building practitioner, any witnesses, at any time during the hearing.
The complaint outcome
The Board will consider all the evidence from the hearing in private.
It will let all of the parties to the complaint know about its decision as soon as possible after the hearing
in writing.
The Board will include the reason(s) for its decision and will direct the Registrar to implement the decision.
You can read about the outcomes of other complaints on our website at www.lbp.govt.nz.
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What happens next
The outcome
The Registrar implements the Board’s decision.
Public notification
If any disciplinary action is taken, it is recorded in the public register located at www.lbp.govt.nz for
licensed building practitioners for three years. Dismissed complaints are not recorded.
The Board can publicly notify the action in any other way it thinks fit.
Costs and expenses
The Board may order the licensed building practitioner to pay the costs and expenses of the complaint inquiry.
About the Building Practitioners Board
The Building Practitioners Board (the Board) is independent of the Ministry of Business, Innovation and
Employment – Building and Housing.
The Minister for Building and Construction recommends members for the Board and the GovernorGeneral appoints them. The Board members have expertise in design, construction, and inspection
services and in legal, dispute resolution and mediation skills.
You can read more about the Board on our website at www.lbp.govt.nz.
The Board’s decision
If you don’t agree with the Board’s decision about disciplinary action, you can appeal to the District Court.
You’ll need to get your own independent legal advice if you want to do this.
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Disclaimer
This booklet is intended to provide general information on the complaint processes for licensed building
practitioners under the Building Act 2004. While the Building Practitioners Board has taken every care in
preparing this booklet, it should not be relied upon as establishing all the requirements of the Building Act
2004. Readers should always refer to the Building Act 2004 as the source document, and be aware that
for specific situations or problems it may be necessary to seek independent legal advice.
The Building Practitioners Board accepts no liability for the use of the information in this booklet, nor does
it accept liability for errors or omissions or any claim for loss or damage as a result of reliance on the
information contained in the booklet.
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ISBN: 978-0-478-39903-5 (WEB)
MARCH 2015