Draper v Building Practitioners Board

In Draper v Building Practitioners Board, the plaintiff sought judicial review of a decision by the Building Practitioners Board to terminate the registration of the defendant director of a building company. The decision followed an inquiry into allegations of misconduct arising from a complaint by the plaintiff. The Court was tasked with determining whether the plaintiff was a person affected by the Board’s decision, and if so, whether the reasons provided by the Board for their decision were adequate.

The primary legal issues were whether the plaintiff was a person affected by the Board’s decision, as required under the Administrative Law Act 1978, and whether the reasons provided by the Board were adequate under the same Act and the Building Act 1993. Additionally, the Court considered whether the decision violated the plaintiff’s rights under the Charter of Human Rights and Responsibilities Act 2006, specifically the right to equality and a fair hearing.

The Court held that the plaintiff was indeed a person affected by the Board’s decision as they had a legitimate interest in the Board’s enforcement of building industry regulations. The Court further found that the reasons provided by the Board were inadequate because they did not sufficiently address the plaintiff’s complaint or the evidence presented. The Court concluded that the Board’s failure to provide adequate reasons rendered the decision legally flawed. Consequently, the Court quashed the Board’s decision and ordered it to provide adequate reasons for its decision.