What if someone complains about me? A guide to the complaint process

What if someone complains about me? A guide to the complaint process

Introduction The purpose of the licensed building practitioner scheme is to set performance standards for building practitioners and license those who have the skills and knowledge to carry out or supervise Restricted Building Work. As a licensed building practitioner you are accountable for your work and conduct, to the Building Practitioners Board (the Board). The Board investigates and hears complaints about licensed building practitioners, and can discipline licensed building practitioners whose work or conduct doesn t meet the scheme s standards. You can read about this in section 317 of the Building Act 2004 If someone complains about your conduct or work, then you will get a letter from the Board telling you a complaint has been made. The complaint about you will be investigated to make sure the Board has an understanding of what happened. The Board will make sure you have the opportunity to tell your side of the story, before it makes any decisions about what happens next. This booklet will help guide you through what happens if someone makes a complaint about you. You can read the Board s procedures for managing complaints about licensed building practitioners under the Building Act 2004 at www.lbp.govt.nz/complaints-and-past-decisions 2

Contents When the Board gets a complaint 4 Grounds for discipline 5 About complaint hearings 6 Support people at a hearing 7 The complaint hearing 8 The complaint outcome 9 What happens next 10 Disclaimer 11 3

When the Board gets a complaint Receiving complaints If the Board gets a complaint about you it will write to you to let you know. The Board may refer complaints about licensed building practitioners who are licensed under another occupational licensing scheme (eg, Registered Architects) to another disciplinary body. Investigating complaints If the Board decides the complaint about you needs investigation, it will ask the Registrar to report on the complaint. The Board may appoint an independent special adviser to help it investigate the complaint. The complaint The Registrar will send you a copy of the complaint and ask you to respond. You can give the Registrar any information or evidence to support your side of the complaint. The Registrar s report The Registrar may contact you or the person that complained about you, for more information about the complaint. The Registrar will report to the Board on the details of the complaint. They will include a summary of the facts and point out any areas where you and the person who complained about you do not agree. Grounds for discipline When the Board gets the Registrar s report, it will decide if your conduct or work comes within the grounds for discipline. If there are no grounds for discipline, the Board will dismiss the complaint about you. If there are grounds for discipline then the Board will go ahead with the complaint and hold a complaint hearing. 4

Grounds for discipline The Board can discipline you, if your conduct comes within the grounds for discipline of licensed practitioners as detailed in section 317 of the Building Act 2004. If your conduct doesn t come within the grounds for discipline, then the Board will dismiss the complaint about you. You can be disciplined if you: carried out or supervised work negligently or incompetently carried out or supervised work that does not comply with a building consent held yourself out to be licensed for work that you are not to licensed to do carried out or supervised Restricted Building Work you are not licensed to do have been convicted of an offence that affects your fitness to do building work gave false information to get licensed failed, without good reason, to provide a certificate of work for a building consent application failed, without good reason, to provide a record of work to the council or the property owner misrepresented your competence carried out or supervised work outside your competence failed to produce your licence or notify a change in circumstances (eg, your licence has been suspended or cancelled) conducted yourself in a manner that brings, or is likely to bring, the Licensed Building Practitioners scheme into disrepute. 5

About complaint hearings If the Board decides to go ahead with the complaint about you, it will hold a hearing. You will be invited to attend a hearing to present your case. Preparing evidence When you prepare evidence for the hearing, you should think about what conduct or work was complained about and the reason(s) it was complained about. Your evidence should contradict what the person who complained about you is saying, unless you agree with what they said about you and your work. Where hearings are held Hearings are usually held in the main centre closest to where you live. For example, if you live in the Manawatu your hearing could be held in Palmerston North. If you live in the Far North, your hearing could be held in Whangarei. You will have the opportunity to respond to any evidence or allegations against you. For this reason, all the documentation relating to the complaint will be released to you before the hearing. Who will be at the hearing There will be between 3 8 members of the Board present, the Board s Secretary, you, your support people, your legal or other representative, your witnesses, and any other person at the Board s discretion. The special adviser, the person who complained about you and their witnesses and support people may all attend. Hearings are public Hearings are held in public. You can ask for a hearing in private for privacy reasons or the Board may decide to hold a hearing in private if it s in the public interest. All hearings are electronically recorded. 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 for a hearing. 6

Support people at a hearing Witnesses A witness is anyone, other than yourself, who: saw the work being carried out saw the finished work was part of any discussions about the work or conduct complained about. Witnesses must be able to attest to matters of fact about the complaint. You can bring witnesses to support your case, as long as you supply a list of these people to the Board before the hearing see the Board s Complaints Procedures. This is so the Board can check there is no conflict of interest before the hearing begins. If there is a conflict of interest between a witness and a member of the Board, then that Board member might need to stand aside. For this reason you must also state the relationship of your witness(es) to you. Any evidence from your witnesses should focus on the conduct or work being complained about. Expert witnesses You can arrange for an expert witness to attend your hearing. An expert witness is someone who, because of their education, training, skills or experience, is believed to have expertise and specialised knowledge in a particular subject, and can be relied on for a technical opinion about evidence. Representation You, a legal or other representative can present your case at a hearing. Other support people You are welcome to bring other support people such as family, interpreters and legal or other representatives. You must supply a list of anyone who will be taking part in the hearing to the Board before the hearing see the Board s Complaints Procedures. Interpreters You are welcome to bring an interpreter to your hearing. You must arrange for the interpreter to attend the hearing and pay for them yourself. 7

The complaint hearing What happens when you arrive at the hearing When you arrive at the hearing location, check in at reception. Please wait at reception until the Board s Secretary comes out to greet you. The Chairperson of the Board (the Chair) will call you when it is ready to begin the hearing. How the hearing begins The Board members will introduce themselves to you. They will also invite the special adviser and you, the person who complained about you, and any representatives to introduce themselves. The Chair will read out the reason for the hearing and the complaint details. The Chair will guide you through the hearing and let you know when to speak and who will speak next. Investigating and hearing complaints is a formal legal process and you, the person who complained about you, and any witnesses must give your evidence under oath. You will be given a card to read from so you know what to say. The hearing The special adviser will present his/her report about the complaint to the Board. He/she will summarise the details of the complaint, including the grounds for discipline and the facts disputed between the parties. You will have the opportunity to respond to any evidence or allegations against you. This can include hearing from witnesses. The Board may allow you to question the person who complained about you and his/her witnesses. The Board may question you, the person who complained about you, and any witnesses, at any time during the hearing. You and the person who complained about you are asked if you want to make a closing statement, before the Chair closes the hearing. 8

The complaint outcome 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 at www.lbp.govt.nz Disciplinary penalties If the Board upholds the complaint about you, it can: suspend or cancel your licence restrict the kind of work you can do fine you up to $10,000 order you to do training formally reprimand you order you 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 against you. The Board can publicly notify the action in any other way it thinks fit. Fines and costs If you don t pay your fine or an order to pay the cost of the complaint inquiry, then the Board can suspend or cancel your licence. 9

What happens next The outcome The Registrar implements the Board s decision. Public notification If the Board takes any disciplinary action against you, it will be recorded in the public register for licensed building practitioners for three years. Dismissed complaints are not recorded. TheBoardcanpubliclynotifydisciplinaryactioninanyotherwayitthinksfit. Costs and expenses The Board may order you 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 Governor-General 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 at www.lbp.govt.nz The Board s decision If you don t agree with the Board s decision about the disciplinary action, you can appeal to the District Court. You will need to get your own independent legal advice if you want to do this. 10

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. 11 ISBN: 978-0-478-39905-9 (WEB) AUGUST 2012