LBP has Design licence cancelled

The Builders Practitioners Board (the Board) has cancelled the licence of a Licensed Building Practitioner (LBP) after he was found in breach of the Building Act 2004

Matthew Biddle’s Design Class 1 licence was cancelled after he pleaded guilty to two charges of using forged documents under section 257(1) of the Crimes Act 1961, an offence which carries a maximum penalty of 10 years imprisonment. As a result of his guilty plea at a hearing in Tauranga District Court on 21 February 2022, Biddle was convicted and sentenced to six months home detention and ordered to pay $7,564 to two victims for carrying out work as an LBP while suspended for a previous complaint (details below).

“He submitted several Certificates of Work to the Western Bay of Plenty District Council and Tauranga City Council using the name and details of another LBP designer. This LBP did not supervise his work, had no knowledge of the work undertaken, and did not authorise Biddle to use their details,” stated a news item on the LBP website.

Pattern of behaviour

Biddle originally had his licence cancelled in December 2018 for a period of 18 months, following a complaint that was brought in June 2017. In 2021, he submitted an application to become an LBP. It was initially declined in April 2022, before being granted in March 2023 after a review.

However, following the granting of the licence, a complaint was made by the Ministry of Business, Innovation and Employment (MBIE) because of his conviction by the Tauranga District Court.

“The commission of the offence reflects adversely on his [Biddle’s] fitness to carry out or supervise building work (section 317(1)(a) of the Act),” said a summary of the complaint.

MBIE alleged that Biddle was in breach of section 317(1)(a) of the Act, which relates to a person’s fitness as an LBP, and that he was in breach of section 317(1)(i), which relates to LBPs conducting themselves in a disreputable manner. However, the Board did not pursue the second allegation because the alleged offending did not occur when Biddle was licensed.

Unacceptable risk

Even though the offending took place prior to Biddle re-obtaining a Design Class 1 licence, the Board found that there was an “unacceptable risk of future offending or conduct that would be outside of the LBP Code of Ethics”, as the criminal offence was directly related to the work for which he holds a licence and that he had not taken adequate steps to address the conduct that led to his criminal offence.

Biddle responded to the complaint by arguing it was “vexatious” and driven by a vendetta.

“His submission was based on the […] view that he had been assessed by MBIE, who knew of his conviction, as being competent to hold a Design AoP 1 Licence and that, in the short time that he had been relicensed, he had not had an opportunity to prove his fitness. Consideration of that submission requires a review of the licensing process.”

The Board found the complaint was neither vexatious nor an abuse of process. As a result, Biddle’s licence was cancelled. He may not re-apply for a period of two years.