Published 22 November 2024
Sentencing — carrying out sanitary plumbing while unregistered — using written words — advertisement for services — Plumbers Gasfitters and Drainlayers Act 2006, s 8(1) & pt 2 — Sentencing Act 2002 — Plumber Gasfitter and Drainlayer Board v Maitland [2019] NZDC 6211. The defendant faced one charge each of doing sanitary work while unregistered, and for using written words in connection with a business which were intended to cause another person to believe he was registered or licenced. The defendant had posted an advertisement in the paper for professional plumbing services. The complainant had contacted him through the advert and the defendant had completed substandard work at her house. The cost of remedial work was $1,784.57. The defendant had initially pleaded not guilty to the charges but after advice from the duty lawyer had entered guilty pleas. There were civil proceedings in the Disputes Tribunal for the cost of remedial work. In assessing the appropriate sentence, the Judge considered a mitigating factor to be that the defendant was from China where he had 40 years' experience in the building industry and had not known the New Zealand laws. However the misleading advert was an aggravating feature. The Judge adopted a global starting point for fine of $5,000, making deductions for previous good character ($500) and guilty pleas ($750), arriving at an end fine of $3,750. The Judge also ordered solicitor's costs and court fees. The Judge declined to make an award of reparation to the complainant as this was for the Disputes Tribunal to determine. Judgment Date: 20 October 2020
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