Results of prosecutions

Results of prosecutions - Electron Issue 69

Recent investigations undertaken in relation to non registered people working in contravention of the Electricity Act 1992 have resulted in a number of prosecutions.

The following is a summary of recent prosecutions:

Prosecution 40

Mr Johnny Schuster pleaded guilty in the Wellington District Court on 16 July 2013 to one a charge relating to the connecting an oven in the course of his work as a delivery driver for an appliance company.

Mr Schuster had had some training towards becoming a qualified electrical worker, but was not registered or licensed. He was convicted and fined $3,000, after a discount for his guilty plea and financial circumstances. Solicitor’s costs of $226 were also imposed.

Prosecution 41

Mr Roeland Koridon pleaded guilty in the Whangarei District Court on 15 July 2013 to two charges relating to the wiring of a bus/motorhome, when he was not registered or licensed to perform prescribed electrical work. He also faced a charge of failing to ensure the resulting installation was electrically safe as the bus/motorhome was not earthed properly, and had several other faults.

Mr Koridon was convicted and fined $5,000, after a discount for his guilty plea and the fact he had already been ordered by the Disputes Tribunal to pay several thousand dollars to the complainant. Reparation of $842.41 was ordered for the complainant. Solicitor’s costs of $226 were also imposed.

Prosecution 42

Mr Roger Clark pleaded guilty in the Porirua District Court on 23 July 2013 to four charges. One of the charges related to doing unauthorised prescribed electrical work and the other three related to holding himself out as a registered electrician.

Although Mr Clark was formerly registered as a radio electronics serviceman, he has held no form of registration or practicing licence since 1993 and has never been a registered electrician.

Notwithstanding that, he was operating a business under the name "Roger Clark Electrical". The charges related to electrical wiring work done in March 2012 on two residential town houses. At the completion of the work, Mr Clark issued a Certificate of Compliance for the work at each property, in which he used a registration number prefaced with the letter E to falsely signify that he was registered electrician. He was also using a business card for Roger Clark Electrical in which he described himself in those terms.

Adopting a global approach to the four charges, the Judge took a starting point of $20,000, from which he gave Mr Clarke a discount of $5000 to reflect his early guilty pleas. Although the Judge considered $15,000 was the appropriate fine for the offending, he then turned to Mr Clarke’s financial circumstance because information had been provided to the Court that demonstrated he was not in a position to pay a substantial fine. On the basis of that information, the Judge found that Mr Clark did not have the capacity to pay a fine of $15,000, and so reduced it to $6,500. He was also ordered to pay $130 court costs and solicitor’s costs of $113.

Prosecution 43

Mr Jacques Kisling pleaded guilty in the Thames District Court on 1 July 2013 to a charge relating to the carrying out of unauthorised prescribed electrical work at a farm in Hikutaia. The work involved the installation of a dairy chiller including the connecting of three-phase conductors.

Mr Kisling was convicted and ordered to pay a fine of $1,500, plus court costs of $132.89 and solicitor’s costs of $226.

Prosecution 44

Mr Rhyan Law pleaded guilty in the Waitakere District Court on 9 August 2013 to two charges, the first of which related to performing unauthorised prescribed electrical work (involving installing air conditioning units, heatpumps and “cool rooms”) at eighteen commercial properties in the Auckland area, over the course of around a year. Mr Law was employed by a company and paid a salary for his work.

The second charge related to Mr Law completing fifteen Certificates of Compliance using a registered electrical worker’s registration number.

Mr Law was fined $5,000, plus Court and solicitor’s costs and reparation of $3,165.

Prosecution 45

In the Christchurch District Court on 21 August 2013 Mr James Smalley was convicted in his absence on the basis of affidavit evidence from the Investigator and Mr Smalley’s former employer.

Mr Smalley was fined $8,000 plus court costs and solicitors costs of $226 for a charge of doing unauthorised prescribed electrical work, and $3,500 plus court costs for a charge of holding himself out as a registered electrician.

Results of prosecutions - Electron Issue 68

Recent investigations undertaken in relation to non registered people working in contravention of the Electricity Act 1992 have resulted in a number of prosecutions.

The following is a summary of recent prosecutions:

Prosecutions 34

Varcoe Refrigeration Ltd pleaded guilty to a charge under the Electricity Act 1992, and was sentenced in the Manukau District Court on 21 December 2011.

The charge related to an apprentice who had installed and connected two heat pumps on behalf of the company.

The company was fined $4,000, and ordered to pay Court costs and a solicitor’s fee of $260.

Prosecution 35

Following a defended hearing, Mr Stuart Adams was found guilty of three charges of performing unauthorised prescribed electrical work, and was sentenced in the Wellington District Court on 26 April 2012.

The charges related to electrical work performed as part of the defendant’s home renovation business, and involved two separate properties.

Mr Adams was fined $5,500, with Court costs of $132.89 and a solicitor’s fee of $1,130.

Prosecution 36

Jack Homes Ltd pleaded guilty to a charge of unauthorised prescribed electrical work.

The work involved disconnecting and refitting seven down lights, as part of remedial building work following the Christchurch earthquake.

The company was sentenced in the Christchurch District Court on 5 July 2012. It was fined $1,500, plus Court costs of $132.89 and solicitor’s costs of $226.

Prosecution 37

Graham Strang pleaded guilty to one charge of performing unauthorised prescribed electrical work, and was sentenced in the Porirua District Court on 28 August 2012. The electrical work performed included disconnecting a wall oven and disconnecting, preparing and installing ten new down lights.

Mr Strang’s electrical work was found to be faulty and potentially dangerous in several areas, and remedial work was necessary.

Mr Strang was fined $6,400, and was ordered to pay Court costs of $132.89 and a solicitor’s fee of $226.

Prosecution 38

Mr James Subritzky pleaded guilty on 29 October 2012 in the North Shore District Court to one charge of performing unauthorised prescribed electrical work.

The work occurred while Mr Subritzky was carrying out bathroom renovations on a residential property in Campbells Bay, Auckland.

Taking into account Mr Subritzky’s guilty plea, and his financial circumstances at the time of sentencing, a fine of $4,000 was imposed, together with court costs of $132.98 and solicitor’s costs of $226.

Prosecution 39

Mr Glen Whittle pleaded guilty in the Auckland District Court on 30 October 2012 to one charge of performing unauthorised prescribed electrical work.

The work involved a circuit breaker board being added to an existing switchboard, and the replacing of fuses.

The standard of workmanship was poor and in places unsafe.

Mr Whittle was registered as an electrician in 1986. However he was suspended by the Board in 1996 and ordered to complete specified tuition, examination and a practical assessment.

Mr Whittle remains unregistered.

Following his guilty plea Mr Whittle was fined $5,000, and ordered to pay court costs of $132.89 and a solicitor’s fee of $226.

For earlier prosecution results please refer to back issues of the Electron newsletter.