First unlicensed builder sentenced under Crimes Act gets home detention

An unlicensed builder has been sentenced under the Crimes Act 1961 for the first time since the introduction of the Licensed Building Practitioners (LBP) scheme, according to the Ministry of Business, Innovation and Employment (MBIE). 


In a release today, MBIE says Rodney James Day was sentenced to seven months home detention and ordered to complete 150 hours community work.

His sentencing came after Day pleaded guilty in July to 15 charges, including four counts of forgery, under the Crimes Act.

"Day was also charged with 11 offences under the Building Act for undertaking restricted building work while portraying himself to be an LBP, despite never holding a licence. He unlawfully carried out restricted building work on six different properties," MBIE stated in the release.

Restricted building work can only be undertaken by a licensed practitioner or under the supervision of one.

According to MBIE, forgery was involved in two separate instances at Christchurch properties.

"Day told his client that his licence had expired and he would get a licensed practitioner to supervise and sign the work off. After completing the restricted work, he used the name and details of an experienced LBP, without their knowledge and never having met them, to complete the producer statements for the properties.

"In one case, the paperwork went on to be provided to a real estate company for use in the sale of the property."

The judge noted in his sentencing that the offending was clearly pre-meditated and that the level of deception was high, as the defendant had deceived a large number of people who relied on the certification, the MBIE reports.