Round-up of recent disciplinary decisions

Case 1

A Certifying Plumber and Certifying Gasfitter was charged with carrying out drainlaying work in a way that was contrary to legislation, negligent or incompetent drainlaying, and employing, directing or permitting an unauthorised person to do drainlaying work. The complaint related to the installation of an effluent field drainage system at a property in Manawatu. The work was carried out by an employee of the practitioner who was not authorised to do drainlaying. No building consent had been issued for the work and effluent had been discharged onto a neighbouring property.

The practitioner pleaded guilty to the charges.

The Board considered his conduct moderately serious. The Board acknowledged the practitioner’s guilty plea, cooperation throughout the investigation, prosecution and hearing, and the steps he had taken to change his practices. It also noted he had no previous disciplinary history.

The Board ordered the practitioner to pay a fine of $3,500 and $4,850 towards costs.

Case 2

A Tradesman Plumber was charged with employing, directing or permitting unauthorised people to do sanitary plumbing work, employing, directing or permitting unauthorised people to do gasfitting work, and engaging in improper conduct in performing sanitary plumbing work by issuing a producer statement in his supervisor’s name. The complaint related to sanitary plumbing and gasfitting work carried out at a residential property in Auckland. The work was defective in multiple respects.

The practitioner pleaded guilty to all charges.

The Board considered the practitioner’s conduct was at the higher end of serious, particularly given the improper conduct charge. The Board acknowledged that the practitioner had pleaded guilty to the charges at an early stage, had expressed genuine remorse, had been cooperative throughout the investigation, prosecution and hearing, and had taken steps to change his practices. He also had no previous disciplinary history.

The Board censured the practitioner and ordered him to pay a fine of $5,850 and to pay $2,620 towards costs.

The employee in this matter was also a Tradesman Plumber and was charged with carrying out sanitary plumbing contrary to an enactment and carrying out gasfitting contrary to an enactment. Not only was the plumbing and gasfitting work defective in multiple respects, but the employee also did not hold a current licence to do sanitary plumbing work and was not authorised to carry out gasfitting.

The employee pleaded guilty to the charges.

The Board considered his conduct serious but at the lower end of the scale. The Board acknowledged his early guilty pleas, his cooperation throughout the investigation and prosecution, and his lack of previous disciplinary history.

The Board ordered him to pay a fine of $5,600 and pay $2,530 towards costs.

Case 3

A Certifying Plumber, Certifying Gasfitter, Tradesman Drainlayer was charged with negligent or incompetent gasfitting, failing to provide a gas certificate and carrying out gasfitting in a manner contrary to an enactment by failing to enter work on the Electricity and Gas High-Risk Database. The work is related to the installation of a gas oven at a property in South Wairarapa. The practitioner pleaded guilty to the charges against him.

The Board considered the practitioner’s conduct moderately serious. There were no aggravating factors in this case and the practitioner was entitled to credit for his guilty plea, lack of previous disciplinary offending and remorse. He was fined $3,350 and ordered to pay $9,390 towards costs.

Case 4

A Certifying Plumber, Certifying Gasfitter was charged with failing to comply with a term or condition of his licence in relation to supervision. The charge related to residential gasfitting work carried out by the supervisee at a property in Auckland. The work involved running a gas pipework from a gas hot water heater to an auto changeover valve and LPG bottles. The supervisee was not adequately supervised while carrying out the work and was also non-compliant.

The practitioner defended the charge stating that he was unaware that his supervisee was doing the job. The prosecution’s position was that the supervisor did not have adequate systems or processes in place to ensure his supervisee was properly supervised and he would have known what his supervisee was doing if he had had such systems in place.

The Board found the practitioner guilty.

The Board considered the practitioner’s conduct low to moderate in terms of seriousness but noted that the practitioner had previous disciplinary offending. However, he had been remorseful. The Board fined him $2,500 and ordered him to pay $5,160 towards costs.

Case 5

A Certifying Plumber and Certifying Gasfitter was charged with carrying out negligent or incompetent gasfitting work and filing a false or misleading gas certificate. The complaint related to the installation of a gas hob stove and pipework to LPG bottles at a property in Auckland.

The practitioner pleaded guilty to the charges.

The Board considered the conduct, in this case, was moderately serious given that there were multiple defects with the work and the practitioner had certified that the work was safe and compliant by issuing the gas certificate for it. The Board acknowledged the practitioner’s early guilty plea to the charges, his cooperation, and his lack of previous disciplinary history.

The Board ordered the practitioner to pay a fine of $3,750, and to undertake a course of

training and to pay $2,990 towards costs.

Case 6

A Certifying Plumber, Certifying Gasfitter, and Certifying Drainlayer, was charged with carrying out non-compliant gasfitting in breach of an enactment and filing a false or misleading gas certificate. The complaint related to gasfitting work carried out on a caravan.

The practitioner pleaded guilty to the charges.

The Board considered the conduct was at the low end of high in terms of seriousness. The Board took into account the practitioner’s previous disciplinary convictions. However, the Board also acknowledged the practitioner’s difficult personal circumstances, including that he had stopped working and had voluntarily surrendered his gasfitting licence. He had also pleaded guilty to the charges at an early stage and had been cooperative throughout the investigation, prosecution and hearing. The Board ordered the practitioner to pay a fine of $3,150 and pay $2,800 towards costs.

Board disciplinary decisions can be found on the website at https://www.pgdb.co.nz/about-us/board-disciplinary-decisions/