Licence cancelled after working outside licence class

Posted: 18 October 2019

The Building Practitioners Board handed down a significant sanction against carpenter White Bai, of Auckland (BP126975).

The Board has chosen to publish the details of the matter due to the seriousness of the offending and the strong penalty. It is important that LBPs are aware of the consequences of the failure in this circumstance and avoid similar outcomes.

Decision against White Bai (C2-01648)

Mr Bai was found to have:

  • carried out restricted building work that he is not licensed to do;
  • carried out building work in a negligent or incompetent manner;
  • failed to comply with a building consent.

The Board heard evidence that Mr Bai carried out brickwork as part of an extension to an existing dwelling under a building consent.

At the time, Mr Bai was licensed in Carpentry and not in Bricklaying and Blocklaying. Mr Bai had applied for a Bricklaying and Blocklaying licence and been declined, as he did not display the required competencies to hold the licence.

The brickwork Mr Bai undertook had a number of defects, including that it failed a half-height inspection and was obviously out of alignment both vertically and horizontally. The bricks were also not well blended as they were laid.

The Board cancelled Mr Bai’s LBP Carpentry licence with a stand-down period of six months before he can reapply for licensing. The Board also ordered Mr Bai to pay some costs towards the inquiry and that this decision would be publicised.

What we can learn from this decision

Carrying out work he was not competent to do, working outside of his licence class and a lack of understanding of consented plans led Mr Bai to be disciplined by the Board.

Mr Bai worked outside his licence class, because as an LBP with a Carpentry licence he cannot carry out or supervise restricted building work that relates to brick or blocklaying. The work he carried out also failed an inspection and had to be remediated by another contractor.

LBPs need to understand their regulatory obligations. Being an LBP comes with a responsibility to only undertake work you are competent and licensed to perform. Stepping outside your limits can result in poor outcomes for all involved, and like Mr Bai you could risk losing your licence.

This decision and other past decisions can be read in full on the LBP website.

This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: