‘Administrative error’: Chairman of electricity work watchdog signs off on disciplinary hearing of own staff

The Ministry of Business, Innovation and Employment (MBIE) says the chair of the electrical work regulator made an “administrative error” by approving a disciplinary hearing for an electrician from his own company.

In November, the Electricians Registration Board (EWRB) found an electrician posed a serious safety risk and falsely certified work was safe at a property in Masterton in 2021.

The electrician under investigation was employed by Mackenzie’s Electrical, a company co-owned by EWRB President Russell Keys.

Although there is no evidence Keys attended the hearing, his signature was on the decision to fine the electrician $1,225.

Documents obtained by RNZ under the Official Information Act show Keys declared a conflict of interest at a hearing involving his own staff.

However, the statement did not appear on the official hearing documents he signed.

MBIE national manager Duncan Connor said the ministry was “fully aware” of Keys’ relationship with the electrician under investigation and had not identified any conflict of interest.

“A hearing was held and the decision was prepared by Mr Mel Orange, the deputy chairman of the board.

“I can confirm that Mr Keys did not attend the hearing and did not participate in the disciplinary process.”

RNZ contacted MBIE to understand why Keys signed the decision when he was not present and had a conflict of interest, and Connor explained the signature was added to the decision in error due to an “administrative error”.

“The decision has been removed from the EWRB website and the correct version will be posted shortly,” Connor said.

When RNZ contacted Keys he agreed with MBIE’s response.

“I can reiterate that there was no conflict of interest and that due process was followed,” he said.

However, Peter MacMillan from the New Zealand Electrical Inspectors Association said Keys’ signature could raise questions about the transparency of the hearing.

He noted that the lack of detail in the hearing transcript made it difficult to tell whether the fine was appropriate.

“There should be a chain of events that says what happened, what the causes were and what the consequences were. But there doesn’t seem to be any mention of the consequences… Was anyone in danger? It doesn’t mention that…

“I think it’s unusual to have a hearing when you don’t necessarily know the specific circumstances of how this happened.”

complaint

In 2021, Nathan* hired Mackenzie’s Electrical to carry out work on his property in Masterton.

“After the gas was installed, it was highlighted that I needed rewiring. So I arranged some quotes and found the same company that installed the gas, Mackenzie’s Electrical.”

About two years later, an electrician from Vector came to upgrade Nathan’s internet modem and discovered safety hazards in the switchboard, including exposed live wires.

“When he came in and saw the switchboard he literally said, ‘I can’t touch this’.

“He pointed out the exposed live main wires and said the connection was unsafe, dangerous and could cause a fire.”

After discovering the hazard and noticing the lack of a Certificate of Conformity (CoC) for previously performed work, the electrician contacted Mackenzie’s Electrical.

In the original complaint, obtained by ABC New Zealand, the electrician said the company dismissed his concerns.

“We contacted Mackenzie’s Electrical, the company that had recently completed the rewiring, to ask them why they had no CoC and inspection records of the work completed, and why they had left the power in this state for over 18 months…

“My concerns were dismissed with the argument ‘our electrician wouldn’t do that level of work, someone else must have done it’,” the document reads.

After Vector’s electrician filed a complaint, Mackenzie’s Electrical offered to repair Nathan’s switchboard for free, but MacMillan thought that was unusual.

“However, Mackenzie Electrical has a long-standing relationship with the Wairarapa region and I suspect they may have been willing to do the work for free as a gesture of good faith in order to preserve their good reputation,” Mr McMillan said.

The wider issue

In the past three years, New Zealand Fire and Emergency Services attended 6683 electrical fires.

During the same period, the EWRB received 131 complaints about work by unregistered electricians.

In February this year, an electrician in Nelson was charged with violating Electrocution From unearthed kitchen utensils.

Nason said his family could have been in danger if Vector’s electrician hadn’t noticed the danger and complained.

“You rely on those electricians, you pay them, you expect them to do their job as safely as possible, but they couldn’t do it. We didn’t know any better, we trusted their work.

“It’s really annoying to be honest. You spend so much money and you don’t feel safe at all.”

MBIE investigators rely on paperwork – Inspectors Association

The New Zealand Electricity Workers Board (EWRB) is responsible for registering and certifying electrical workers in New Zealand and investigating complaints.

If a registered electrician commits a disciplinary offence, the committee has the power to decide what penalty to impose.

Nathan* said that after making the complaint, he had no idea what would happen next.

“Nothing happened after I complained. At least my end was not affected as the property was affected.

“Someone from the government called me to confirm some details in the complaint, but that was all I heard. No one came to my house to check the facilities or ask any questions.”

Mr McMillan said MBIE investigators were increasingly relying on paper trails rather than field visits to cut costs.

“In many cases it’s important that someone visits the site, understands what’s going on and speaks to the people who are doing the work.

“Of course, there are cost implications and I suspect that many complaints are investigated simply to reduce the amount of paperwork that is filed to reduce the cost of the investigation.”

Mr Connor said MBIE’s investigation process was rigorous and sometimes provided independent advice.

“For people who make complaints, we require photographs as evidence. Sometimes, as part of our investigation, we may visit the scene if insufficient evidence is provided.

“Witnesses will be contacted, and if investigators find that electricity standards and regulations are not being met, they will recommend that the commission hold a hearing,” Connor said.

“In (Nathan’s case), investigators determined that the evidence presented was sufficient and therefore no field visit was necessary.”

*Names have been changed to protect privacy.