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Plumbers Gas fitter and Drainlayer Board v Maitland [2019] NZDC 6211

Published 26 August 2019

Unregistered plumbing work — doing restricted sanitary plumbing work without the appropriate registration — renovation — Plumbers, Gasfitters, and Drainlayers Act 2006, s 123 — Licensed Building and Practitioners Tribunal — Plumbers, Gasfitters and Drainlayers Board. The defendant appeared for sentence having pleaded guilty to one charge of doing restricted sanitary plumbing work without the appropriate registration, per s 123(1)(a) of the Plumbers, Gasfitters, and Drainlayers Act. The defendant was hired to complete the victim's bathroom and left the property with a leaking wastepipe and issues with the shower and bath drain. The victim subsequently emailed the defendant about the issues but he would only complete the remedial work for a further $2000. The victim had already paid the defendant more than $5000. The defendant was subsequently fined $2000 by the Licensed Building Practitioners Tribunal for his substandard work and ordered to pay $1000 in costs. Following the Tribunal, the defendant pleaded guilty to the current proceedings after one of the charges was dropped. The Judge adopted a starting point of $4000 in fines based on the following aggravating features: the harm to the victim; the deception about his qualifications; and the premeditation. The Judge reduced the fine $1000 to take into account the penalty the Tribunal had already handed down. A further $800 was reduced for his lack of prior convictions and guilty plea. Finally, the Judge decided to impose the fine as reparations, so the end sentence was a reparations payment of $2200. Judgment Date: 2 April 2019.