Heslop v Building Practitioners Board [2018] NZDC 21096

Published 17 May 2019

Appeal — negligence — legal standing — residential building — Collie v Nursing Council of New Zealand [2001] NZAR 74. The appellant sought an appeal of a decision of the Building Practitioners Board that resulted in his censure, costs of $1000, and a record of the action being lodged in the Register of Licensed Building Practitioners. The appellant had been found to be negligent in measuring a room while building a house, which led to the disciplinary proceeding. The Judge, having first addressed process issues with the legal standing and Court filing by the parties, held that the Board applied too strict a test in determining negligence in this case. The builder had made a mistake, but negligence in a disciplinary process is a more restrictive concept and would require a more serious error to justify that finding. The Judge quashed the censure, the $1000 in costs, and the reporting of the action in the Register of Licensed Building Practitioners. Judgment Date: 11 October 2018.