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The Building Practitioners Board hears complaints about licensed building practitioners under the Building Act 2004. It can cancel or suspend a licence, restrict the work an LBP may do, censure, order training, impose a fine of up to $10,000 and order costs. Disciplinary action is recorded on the public LBP register for three years. The Board sits in panels around the country and decides many matters on the papers, so the process is genuinely nationwide.
If a complaint has been made about you
The most important thing to understand about the Board is that its process is inquisitorial, not adversarial. There is no prosecutor in the usual sense and the complainant does not have to prove anything. The Board itself sets the charges and decides what evidence it needs. That changes how you defend yourself: you are not fighting an opponent, you are managing an inquiry, and everything you put in front of the Board becomes part of what it works with.
There is real value in the early stages. Complaints are screened before the Board resolves to investigate, and allegations that do not come within the statutory grounds for discipline can be knocked out at that point. The Board also cannot deal with payment, contract or employment disputes. Those arguments have to be made, though; they do not make themselves.
We act for LBPs facing complaints at every stage. Wellington based, acting nationwide.
How the process works
- The complaint. Anyone can complain, on the approved form. Anonymous complaints are not accepted, and you must have been licensed at the time of the conduct. The Board can also start an inquiry itself.
- Screening. The Registrar prepares a report and the Board decides whether to investigate. Allegations outside the grounds for discipline can be dismissed here.
- Investigation. An investigator gathers evidence, typically including the council property file for the job.
- The hearing, or the papers. Lower-level matters are commonly decided on the papers: the Board issues a draft decision with an indicative penalty, and you have a window to respond with evidence and submissions. If you ask for an in-person hearing, the draft decision is set aside and a hearing is scheduled. That election is a real strategic choice, not a formality.
- Decision, penalty and costs. The Board’s decision is published, and disciplinary action goes on the public register for three years.
- Appeal. To the District Court, generally within 20 working days, and the court can extend that time on application, even after it has expired.
What is at risk
The Board’s penalties are cancellation of licensing with a period before you can reapply, suspension for up to 12 months, restriction of the type of work you may do or supervise, censure, ordered training, and a fine of up to $10,000. There are limits: the Board can impose only one of cancellation, suspension, restriction or censure in a case, a fine can only be added to a suspension or a censure, and no fine can be imposed for conduct that has already resulted in a criminal conviction.
In practice, most matters sit at the lower end. Record of work defaults, the most common charge, typically attract a fine in the low thousands or less. Costs follow a published scale: in the order of $700 for a simple matter decided on the papers and around $3,500 for a moderate half-day hearing, which the Board itself notes is well below half of its actual costs. The lasting consequence for many LBPs is not the fine but the register: the disciplinary record is public for three years, and clients, councils and main contractors can see it.
The first week
- Do not fire back a response in the heat of the moment. Your written response frames the whole inquiry. Get advice first.
- Check whether the allegations actually fall within the disciplinary grounds. Payment disputes, contract arguments and other parties’ failings are not discipline, and the screening stage is the cheapest place to say so.
- Gather your records now. The building consent, the record of work, site records, texts and emails with the client. The Board will obtain the property file; you should know what is in it.
- Notify your insurer if you have relevant cover, before you respond.
- Think about the paper hearing election early. A draft decision on the papers can be converted to a full hearing at your request, and sometimes should be.
Frequently asked questions
Will I lose my licence?
Cancellation and suspension are reserved for the serious end. Most proved matters end in a censure or a fine, often for documentation failures such as records of work. The realistic risk for most LBPs is a fine, costs and three years on the public register, which is reason enough to defend the matter properly.
Are hearings public? Will the decision name me?
Board decisions are published, and practitioners are named unless the Board orders otherwise. Disciplinary action is also recorded on the public LBP register for three years, where anyone can find it.
What is the LBP complaints register?
The public LBP register records disciplinary action against a practitioner for three years. Decisions are also published on the Board’s website.
Can the Board deal with a dispute about my bill or my contract?
No. The Board cannot deal with payment, contract or employment disputes. If a complaint is really a money dispute in disguise, that is an argument to make at the screening stage.
Who pays the costs?
If a charge is proved you can be ordered to pay costs on the Board’s scale, roughly $700 for a papers decision and $3,500 for a half-day hearing. You bear your own defence costs either way.
Can I appeal?
Yes, to the District Court, generally within 20 working days of the decision, and the court can allow further time on application, even after the deadline has passed.
How Andy Bell can help
Andy Bell is an employment lawyer at Lane Neave who defends licensed trades and other regulated occupations in disciplinary matters. In Board proceedings the practitioner is usually unrepresented while the process is run by people who do this every week. Early advice evens that up: testing the allegations at screening, framing the written response, choosing between the papers and a hearing, and arguing penalty and costs properly. The first consultation is free, and confidential.
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This page is general information, not legal advice. Take advice on your own situation before acting.