  
11. Results of Disciplinary Hearings
Andrew Daniel Louie (E 14643)
A complaint was lodged against Mr. Andrew Daniel Louie, an electrician from Miramar, Wellington by a homeowner.
It was alleged that Mr. Louie:
- Was not the holder of a current practicing license while carrying out prescribed electrical work for reward; and
- Failed to issue a certificate of compliance.
The Board considered the complaint and found Mr. Louie guilty of disciplinary offences in that he:
- Contravened section 95 of the Electricity Act by not holding a current practicing license when he carried out prescribed electrical work for reward; and
- Contravened regulation 39 of the Electricity Regulations 1997 in that he failed to furnish a certificate of compliance for work completed.
Mr. Louie’s electrician registration was suspended until he passes the electricians level Electrical Wiring Regulations exam, in light of the seriousness of the offence and because
Mr. Louie had previously been censured for offences of a similar nature. Mr Louie was ordered to pay costs of $500.00.
Ian Phillip Sansom (E 8761)
A complaint was lodged against Mr Ian Phillip Sansom, an electrician from New Plymouth, by a Government Department for prescribed electrical work undertaken on a switchboard at New Plymouth, which resulted in severe injuries to Mr Sansom and damage to the switchboard.
Mr Sansom had decided to work on the switchboard live, when provision had been made for the switchboard to be disconnected. The complainant alleged that the work was undertaken in a negligent and incompetent manner.
The Board considered the complaint and found Mr Sansom guilty of disciplinary offences in that he:
- Failed to take all practicable steps to ensure his safety while carrying out prescribed electrical work, in contravention of regulation 36 of the Electricity Regulations 1997; and
- Was not the holder of a current practising license while carrying out prescribed electrical work, in contravention of section 95 of the Electricity Act 1992; and
- Created a risk to the life and limbs of him and others, while under a duty of care to take all practicable steps to ensure the safety of him and others.
The Board restricted Mr Sansom’s registration for a period of six months with the condition that Mr Sansom is limited to work only in the employ of an approved employer. Mr Sansom was also ordered pay costs of $500.
Comment: It is very important that the electrical worker takes all appropriate measures to ensure both personal safety and the safety of others.
Electrician
A complaint was lodged against an electrician who is a manager of a large electrical company by a homeowner at Dannemora.
It was alleged that the electrician left a live unterminated cable. He had allegedly installed a supply cable for an electric cooking hob. However, the hob was never installed and the cable was never terminated.
The Complaints Assessment Committee determined that the electrician had not personally carried out or tested the work, however he had certified it. The Committee considered that this resulted in a false certificate of compliance.
The Board considered the complaint and found the electrician guilty of a disciplinary offence in that he furnished a false certificate of compliance because although he had signed the certificate of compliance he failed to personally undertake the tests required for certification in contravened regulation 39(6).
The electrician was censured by the Board and ordered to pay costs of $1,250.00. The Board directed that the electrician’s name not be published.
Comment: It should be noted that when an electrician carries out work as described in this complaint the electrician must ensure the work is tested. That testing may be done by another suitably authorised person. However, it is a requirement, that when prescribed electrical work that requires certification is tested, that work must be certified by the person who tested it.
Ian Carter (E 6388)
A complaint was lodged against Mr Ian Carter by the president of a social club at New Plymouth. The complaint alleged that Mr Carter had undertaken prescribed electrical work that was not satisfactory. Specifically, the complaint alleged that Mr Carter was responsible for dangerous wiring, which included the use of unprotected strip connectors as junction boxes.
The Board considered the complaint and found that Mr Carter was not guilty a disciplinary offence, because while the use of strip connectors in lieu of junction boxes was unsatisfactory in the circumstances, it was not unsatisfactory to the extent that it required discipline.
No further action was taken against Mr Carter in relation to
the complaint.
Electrician
A complaint was lodged against an electrician by a homeowner at Whangaparaoa. The complaint alleged that the electrician undertook prescribed electrical work that was unsatisfactory and that the electrician failed to furnish a certificate of compliance upon completion of the work
in question.
The Board considered the complaint and found the electrician guilty of a disciplinary offence in that he failed to furnish a certificate of compliance in contravention of Regulation 39 of the Electricity Regulations.
In view of the circumstances in this case, the Board ordered that no action be taken. The electrician was ordered to pay costs of $1,250.
Electrician
A complaint was lodged against an electrician by a homeowner at Auckland. The complaint alleged that the electrician left wires exposed in a main bedroom wall, installed sockets that were not operational, did not complete the job in question, did not provide a certificate of compliance, and was not the holder of a current practicing license when the work in question was carried out.
The Board considered the complaint and found the electrician guilty of disciplinary offences in that he:
- Was not the holder of a current practising license while carrying out prescribed electrical work, in contravention of section 95 of the Electricity Act 1992; and
- Failed to adequately identify conductors contrary to regulation 70(1); and
- Carried out prescribed electrical work in an unsatisfactory manner;
The Board restricted the electricians registration for a period of nine months with the provision that when a certificate of compliance is required for work undertaken, the electrician must furnish a copy of the certificate to the Registrar for potential audit. The electrician was ordered to pay costs of $500. The Board directed that the electrician’s name not be published.
Electrician
A complaint was lodged against an electrician by a Government department, as a consequence of the audit of the electrician’s certificates of compliance. The complaint alleged that the electrician carried out prescribed electrical work contrary to the regulations and had issued a false certificate of compliance.
The Board considered the complaint and found the electrician guilty of a disciplinary offence in that he furnished a false certificate of compliance in contravention of regulation 40(1).
In the circumstances, the Board ordered that no action be taken. The electrician was not required to pay costs.
Zhi Ming (Martin) Qian (E 17065)
A complaint was lodged against Mr Qian by a Government department. The complaint related to prescribed electrical work undertaken at eight properties in Brown’s Bay and Buckland’s Beach, Auckland and contained numerous allegations including:
- Stainless steel sinks in steel cabinets in laundries had no earth bonding;
- Green and black insulated conductors were used for phase wiring;
- Spa bath pumps were not fitted with isolators, connection outlets had exposed primary insulation and pumps were “built in” with no access for maintenance;
- Wiring in ceiling space was not protected;
- Cables entering switchboards were not adequately protected where they passed through cut-outs in a cabinet;
- Certificates of compliance were issued before the installations were complete. At the time of certificate issue there were unterminated wires, and a building site foreman discovered many circuits not working and obviously untested when the power was eventually connected;
- Testing was inadequate;
- Inadequate supervision or use of non-qualified electrical workers;
- No attempt made to segregate the low voltage and the extra low voltage conductors;
- One power outlet had earth and neutral transposed;
- Two sub circuits did not operate.
The Board considered the complaint and found Mr Qian guilty of disciplinary offences in that he:
- Certified work before its completion in contravention of regulations 39(5),(6) and (7);
- Issued false returns. Mr Qian signed
certificates of compliance prior to the
completion of the work certified
- Failed to visually test the work carried out by his trainee in contravention of regulation 37.
- Failed to take proper care when supervising his trainee in contravention of section 2(1) of the Act;
- Carried out prescribed electrical work in an unsatisfactory manner and in a manner contrary to regulation 87(3). Assisted by his trainee, Mr Qian terminated cables at fittings so that primary insulation was exposed and such terminations failed to make proper use of the strain relief clamps provided by the manufacturer on the fittings;
- Carried out prescribed electrical work in an unsatisfactory manner and manner contrary to regulations 69, 70, 71 and 87(1)(b). Green or unsleeved black conductors used as phase conductors are conductors that are not adequately identified and are deemed to be not electrically safe;
- Carried out prescribed electrical work in an unsatisfactory manner and manner contrary to regulation 69, by virtue of regulation 87(1)(h). Mr Qian failed to secure to a surface the socket outlet he installed for the spa bath;
- Carried out work in an unsatisfactory manner and manner contrary to regulations 69 (by virtue of 87(1)(f)), and 70. Mr Qian, assisted by his trainee, ran cables in the ceiling space across joists and did not secure the cables to surfaces when located near access hatches;
- Carried out prescribed electrical work in a manner contrary to regulation 69 by virtue of regulation 87(1)(f). Mr Qian did not ensure the cable entry hole to a metal cased switchboard was bushed. Cables protected by only primary insulation passed through this entry hole;
- Carried out prescribed electrical work in an unsatisfactory manner and a manner contrary to regulation 70 and NZECP 7. Mr Qian did not segregate low voltage and extra low voltage wiring systems at three of the residences in question.
The Board, in consideration of the serious nature of the offences, particularly the offence of issuing certificates of compliance prior to the completion of the work and suspended Mr Qian’s registration until he passes the Electrician’s Level Stage One, Two and Three Practical Assessments; Mr Qian is also required to attend a regulations tuition course; and pass the Electrician’s Level regulations examination.
The Board also fined Mr Qian $1500, and ordered Mr Qian to pay costs of $1500.
Keith John Fenton (E 7013)
A complaint was lodged against Mr Fenton an electrician from Palmerston North by an employee of a district health board. The complaint alleged that Mr Fenton carried out a significant amount of inspection work in the patient areas of a hospital, while not being the holder of an electrical inspector’s registration and had certified this work using the registration numbers of others.
The Board considered the seriousness of the complaint and found Mr Fenton guilty of disciplinary offences:
- Under 118(1)(a) of the Electricity Act 1992 in that he Inspected and certified patient care areas of a hospital while not being the holder of an electrical inspector’s registration nor authorised under an employee license, contravening the requirements of regulation 41(1);
- Under 118(1)(d) in that he furnished a false certificate of compliance by using another practitioner’s registration number on that certificate of compliance;
- Under 118(1)(f) in that he carried out work that he was not authorised to do by virtue of his registration as an electrician, in carrying out inspections in patient care areas of hospitals.
In considering the severity of the offences committed by
Mr Fenton, the Board removed Mr Fenton’s name from the register of persons registered under the Act. The Board fixed, in accordance with section 132 of the Act, 11 September 2013 as the time after which Mr Fenton may apply to have his name restored to the register.
Comment: The Board considered it to be a very serious offence for Mr Fenton to claim a status that he was not entitled to, and to furthermore purport to be a person entitled to that status. The Board also took into consideration the fact that the complaint related to patient care areas in a hospital.
Ivor Alex Newson (E 223)
A complaint was lodged against Mr Ivor Newson, an electrician from Wellington, by an electrical inspector contracted by a power company. The complaint alleged that Mr Newson carried out prescribed electrical work on a revenue meter, and that:
- The meter terminal seal was missing;
- The meter disc was turning backwards;
The Board considered the complaint and found Mr Newson guilty of disciplinary offences in that he:
- Carried out work in an unsatisfactory and incompetent manner by installing a revenue meter so that it operated in reverse, (i.e. the line and load conductors were transposed); and
- Carried out electrical work on a switchboard in a manner contrary to regulation 69A (1). A revenue meter that operates in reverse has not been installed in accordance with the manufacturer’s instructions and its characteristics have been impaired in the process of installation; and
- Neglected to furnish a certificate of compliance prior to livening of the installation.
Mr Newson was ordered to pay a fine of $750 and costs of $1000.
|
Return
to Top