Fake LBP brought to justice

Prosecution of unlicensed builder fined for posing as LBP ‘first of its kind’ for MBIE

MBIE’s Occupational Licensing Team has successfully prosecuted an unlicensed North Shore builder for misrepresenting himself as a person licensed to carry out or supervise building work or building inspection work, while not being licensed.

Thirty-two-year-old Bin Zhang, also known as Aaron Zhang, was convicted and fined $3,000 in the North Shore District Court for charges brought under the Building Act 2004.

Zhang, who has never been a Licensed Building Practitioner (LBP), undertook a bathroom renovation at a North Shore home and stated he was qualified for the job, completing and signing a Record of Building Work for Restricted Building Work, and provided a fake LBP licence number. The contract with the homeowner was terminated a month later due to concerns about the quality of Zhang’s work.

He was also trading as XR Builds and Renovation Limited, which is not registered as a limited liability company on the Companies Register.

Investigations team leader Simon Thomas says this prosecution is the first of its kind that MBIE has brought against an individual.

“The Building Practitioners Board, which oversees the LBP scheme, can take action against LBPs; however, the investigation of non-LBPs is undertaken by MBIE, as the government’s building regulator,” says Thomas.

“We hope this recent prosecution sends a clear message to builders that they can only sign off on restricted building work if they are an LBP – the same goes for carrying out or supervising restricted building work.

“Where MBIE has evidence of anyone operating outside of the law, they can expect to be caught and prosecuted accordingly.”