Architectural designer Matt Biddle gets building licence back, faces fresh complaint

Architectural designer Matt Biddle regained his licence to design houses on the same day another complaint was lodged against him. Photo / Google

An architectural designer convicted for forgery and working while unlicensed has successfully had his license renewed, but there is already another complaint against him.

Despite being licensed again, Matthew John Biddle’s history of fines, suspensions and cancellations is not listed on the Licensed Building Practitioners register, prompting concern from a woman who previously hired him.

Biddle has a history of complaints and disciplinary action at the Licensed Building Practitioners Board and has also fallen foul of the Employment Relations Authority when he was ordered to pay a former employer more than $100,000.

Last year, he was convicted in the Tauranga District Court after he forged the signature of a licensed building practitioner (LBP) to hide his own license suspension.

The 51-year-old Mt Maunganui man was convicted of two charges of holding himself out as an LBP and one of carrying out restricted building work. Last April he was sentenced to home detention.

The same month, the Registrar of Licensed Building Practitioners declined Biddle’s application to renew his license, which was appealed to the LBP Board.

In a decision by the board published in August last year, it referred the matter back to the Registrar on condition a thorough investigation was undertaken into Biddle’s work.

In his appeal last April, Biddle said he would accept a category one design licence for single household designs with low to medium risk, lower than what he was previously allowed to design.

As part of his evidence, Biddle supplied plans of two houses he had designed, but they were not consented drawings and did not include engineering details or building specifications.

The decision noted that of the three referees Biddle put forward, two were strongly opposed to him being relicensed.

Biddle told the board his design process for one of the clients was “seamless”, and he highlighted his ability to save the owners’ costs and improve on the work of other professionals.

He said the plans “clearly showed his ability as a designer”, and the only reason he had not been licensed was that his application was not supported by two referees, but that he now had the support of referees.

“As such, he considered that a license should be granted.”

The board heard from chartered building surveyor Roger Charnock, who carried out the licensing assessment Biddle was appealing.

The introduction of the Licensed Building Practitioner [LBP] regime was aimed at improving the skills and knowledge of those involved in residential construction. Photo / Jason Oxenham

Charnock said Biddle did not meet three of the five competencies required for LBP registration and the reason he did not meet competencies 2, 3, and 4 - related to design work - was because he was unable to provide sufficient positive references about that work.

“In my view, it is a fundamental requirement that an applicant be able to provide positive references to verify that he is competent,” Charnock told the hearing.

“In the absence of positive references, I was not satisfied that Mr Biddle had demonstrated the relevant competencies. The application was too reliant on Mr Biddle’s own assertions as to his competence.”

He said of the three referees Biddle provided, one commented positively, one refused to comment and held negative views, and the third said Biddle was not a suitable candidate to hold an LBP registration.

Charnock said, in his experience, it was very unusual for referees put forward by an applicant to not support an application.

Biddle said he had learned a lot since his licence was cancelled and had accepted the consequences and those of the criminal convictions.

He believed he had developed and was ready to be an LBP again.

Counsel for the Registrar said finding new positive referees would not necessarily be sufficient to approve Biddle’s application and that it was common sense an assessor should be able to verify an applicant’s competence by “means beyond the assertions and evidence provided by the applicant”.

The board said Biddle had not met the performance indicators to be granted a licence, but noted if it declined the appeal it would be open to Biddle to “simply make a fresh application”.

“Given the appellant’s licensing history and the board’s previous findings of incompetence, the board is of the view that a more robust and thorough assessment is required,” the decision said.

It referred the application back to the Registrar to review the entire application and issued conditions including that a new, experienced assessor be appointed, and that all details of the two plans Biddle previously submitted as evidence of competency be assessed again, including interviews with other professionals involved.

The Ministry of Business, Innovation, and Employment [MBIE] national manager of occupation regulation, Duncan Connor, confirmed the Registrar granted Biddle a Design class 1 licence on March 15, the same day a complaint was laid against him.

“The complaint was laid to allow the Building Practitioners Board to consider Mr Biddle’s history in accordance with Section 317 of the Building Act 2004.

“No decisions have been made in regard to this complaint and there should be a hearing in the near future.”

Meanwhile, one ex-client, who made a complaint against Biddle after she paid him for drawings he failed to lodge with Tauranga City Council, said she was concerned Biddle had his license back and that his history was not flagged on the LBP register.

Laura Faulconer and her husband checked the register before hiring Biddle in March 2018 but there were no warnings about his history.

“If they’re not going to make the systems that they have put in place to protect people, work to protect people, then they need to have a fund set aside to compensate his victims.”

Biddle did not answer questions about his referees, whether he had paid back the two homeowners, or whether he should have regained his license.

Timeline of events

May 22, 2012: Matt Biddle first licensed as Licensed Building Practitioner [LBP] in Design class 2.

August 10, 2016: Complaint made against Biddle to LBP Board.

March 15, 2017: Board hears complaint about Biddle, who does not engage in process. Board finds Biddle negligent.

April 28, 2017: Board decides to suspend Biddle, but Biddle submits this would be detrimental to his business and children.

June 6, 2017: Biddle narrowly avoids six-month suspension and is instead fined $3500 and ordered to pay costs of $2000.

November 2017: Biddle fails to pay up and is suspended.

January 2018: Biddle’s licence is reactivated when he works out payment plan.

February 2018: Biddle’s company Residential Designs goes into liquidation owing $263,500.

May 15, 2018: Another complaint is made to the board.

June 1, 2018: Board notifies Biddle in writing he is suspended again for not continuing to pay fine and costs.

October 31, 2018: Board hears second complaint and determines Biddle is incompetent.

November 22, 2018: Biddle’s licence cancelled for 18 months and he is ordered to pay costs of $3000.

September 2021: Biddle is sacked from Auckland design company for dishonesty.

November 16, 2021: Biddle submits application to become LBP again.

July 2022: Biddle ordered by Employment Relations Authority to pay former employer more than $100,000 in damages, penalties, and costs for taking home files and deliberating deleting others.

February 22, 2022: Biddle convicted on charges brought by MBIE in Tauranga District Court relating to forging another LBP’s signature and working while he didn’t have a licence.

April 2022: Biddle is sentenced to home detention and ordered to pay back two homeowners $7564. The same month the LBP Registrar declines Biddle’s application from November 2021. A few days later Biddle appeals decision to board.

August 4, 2022: Hearing to determine whether Biddle’s appeal should be allowed. Board sends case back to Registrar, stating conditions that must be met for assessment of Biddle’s application. Biddle provides additional information in accordance with the conditions imposed by the board to support his application.

March 15, 2023: Biddle gets his licence back in Design class 1. The same day a complaint is lodged with the board against Biddle.

Natalie Akoorie is the Open Justice deputy editor, based in Waikato and covering crime and justice nationally. Natalie first joined the Herald in 2011 and has been a journalist in New Zealand and overseas for 27 years covering health, social issues, local government and the regions.