A Hastings plumber and gas fitter appealed against his fifth guilty verdict. Photo / 123RF
A Hastings plumber and gas fitter appealed against his fifth guilty verdict. Photo / 123RF
A Hastings plumber with five disciplinary notices against him has hit back at the board that oversees the industry.
John Hansen was found guilty late last year after earlier admitting a charge he had incorrectly installed a gas fireplace causing damage to a house in Havelock North, and issuing a certificate which wrongly stated the gasfitting was done properly, and that it was safe.
It was his fifth such disciplinary offence, and one of 76 decisions made in just over a year by the Plumbers, Gasfitters & Drainlayers Board over complaints against tradespeople in the sector.
Hansen appealed to the District Court against the latest finding, which was dismissed after he and the board agreed to resolve it.
Hansen told Open Justice he had been cast in a bad light and wanted the record set straight, including that he had accepted responsibility for the actions of staff at his business, but that it was his name in the board's black book.
A Hastings plumber and gas fitter appealed against his fifth guilty verdict. Photo / 123RF
He told Open Justice that he was obliged as a certifying gasfitter and employer to take responsibility regardless of the circumstances. The 65-year-old said he had resigned himself to paying the fines and carrying on with his life.
"I have served my community honestly and faithfully; not overcharging and treating everyone fairly," he said.
The complaint that triggered the fifth disciplinary notice related to the installation of a gas fireplace at a house in Havelock North. The installation was found to have been contrary to the manufacturer's instructions, which the board said had resulted in damage to the property.
It found that Hansen had also issued a gas fitting certificate that wrongly stated the installation was compliant, lawful and safe and had failed to comply with the recordkeeping requirements of the Gas (Safety and Measurement) Regulations 2010 in relation to the certificate.
It said Hansen's four previous disciplinary convictions were an aggravating factor, but that his guilty plea and co-operation were mitigating factors.
In relation to the latest finding, his gasfitting practising licence had been suspended until he had completed a competence programme, for a period of not less than three months from November 29, 2021 and he was ordered to pay costs of $5500.
Hansen's appeal resulted in an agreement that his licence was suspended only until he had completed a competence programme. He said any suspension would deny him an ability to earn a living.
The board's chief executive, Aleyna Hall told Open Justice that the parties agreed to a resolution and the appeal was dismissed.
The board describes its primary consideration as protecting the health and safety of the public. It is also concerned with maintaining industry standards, and that penalties aim to ensure the competency of a practitioner by holding them to account, assisting with their rehabilitation, and deterring them and other practitioners from "disciplinary offending".
John Hansen was penalised for faults associated with installation of a gas fireplace. Stock photo / 123RF
From December 2020 until March 11 this year, the board made decisions on 76 cases of which 39 were in relation to what it classified as negligence or incompetence. Twenty-five were contrary to enactment (illegal), two created risk of serious harm, 13 failed to comply with the term or condition of registration or licence, 14 failed to provide a return or provided a false return, one was convicted of an offence related to sanitary plumbing, gasfitting or drainlaying, and one in relation to improper conduct.
Two charges were dismissed, three had their registrations cancelled, six were suspended, but none were disqualified.
Sixteen were ordered to undergo more training, 67 were fined, five were censured, one received no penalty, five received name suppression and 75 of the 76 were ordered to pay costs.
One of the most serious related to experienced Christchurch plumber and gasfitter Gregory Smith, found responsible for a major gas explosion in a house in Christchurch in 2019 after he had been working on a gas fireplace. The subsequent explosion destroyed the house, seriously injured the occupants and damaged other property in the Northwood neighbourhood.
Smith, who was also charged by WorkSafe, was found by the board to have made a "single unintentional mistake compounded by a series of procedural errors".
The board cancelled his registration and practising licence and ordered that he could not apply for re-registration for 18 months from December 2020. He was also ordered to pay costs of $12,990 towards the investigation, prosecution and hearing.
Hansen was critical of some of the board's processes, particularly as they related to his own circumstances, but also to others in the trade.
The Ministry of Business, Innovation and Employment has a statutory obligation to review the Plumbers, Gasfitters, and Drainlayers Act. A review last year was part of a series of reforms to building laws aimed at lifting the efficiency and quality of building work in New Zealand. It was also designed to provide fairer outcomes when things went wrong and to instil greater confidence in the sector.
Minor changes were made to laws governing plumbers, gasfitters and drainlayers. Proposed changes include further work to develop a pathway to self-certification for plumbers and drainlayers, minor changes to complaints and disciplinary processes and definitions under the Act, and changes to ensure the board has the right mix of skills and experience.
A draft Bill for these proposed changes is expected to be introduced this year, which will then be referred to a Select Committee for review and to seek public feedback on the impacts of the proposals.
