Zhai [2020] EWRB CE22213 Upheld Decision

  • Complaint number: CE22213
  • EWRB number: EW139246
  • Region: Auckland
  • Registration class: Electrical Engineer
  • Decision date: 29 June 2020
  • Penalty: 147M(1)(b)(ii) - Suspension of registration or practising licence (or both) or provisional licence until one or more of the following is completed: specified examination, competence programme, specified period of training or course of instruction 147N - Cost 147Z - Publication in Gazette
  • Disciplinary grounds: Section 143(a)(i) - Carried out PEW in negligent/incompetent manner Section 143(b)(ii) - Intentionally/negligently creating a risk of serious harm in carrying out PEW Section 143(f) - Failed to provide / provided false or misleading return Section 143(a)(ii) - Carried out PEW contrary to enactment - not upheld Section 143(b)(i) - Intentionally/negligently creating a risk of serious harm by using faulty or improper fittings - not upheld
  • Summary: The Board found the Respondent negligently created a risk of serious harm to any person, or risk of significant property damage as well as carried out or caused to be carried out prescribed electrical work in a negligent or incompetent manner.

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The Respondent also provided a false or misleading return. The Board ordered the Respondent’s licence is to be suspended until such time as he

 

  • Completes, all of the year three on job units mandated by Skills,
  • successful completes the Stage 1,2 and 3 Practical Assessment Course and passes the Board’s Stage 1,2 and 3 Practical Assessments
  • complete the Regulations Course and pass the Board’s Regulations Exam.

The Board also ordered costs of $1,000 and publication of the matter in the Electron and through a media release.

The Respondent appealed the decision. The appeal was dismissed by the Auckland District Court.