Fraudulent engineering documentation

Published on 07 July 2023

EMERGING ISSUE

We have been advised of fraudulent behaviour relating to engineering documentation supporting Building Consents (BCs) and Code of Compliance Certificates (CCCs).

The allegation is that an individual (engineering technologist Jonathan (Jon) Beau Hall, director of Kodiak Consulting Limited) has fraudulently used the names of CPEng Engineers signing off Producer Statements which are used to give councils assurance that new designs will be, or have been, constructed to meet the Building Code and consent requirements when signed by a Chartered Professional Engineer.

We are not publicly disclosing who those engineers are because they are victims here too.

This matter is being investigated by the NZ Police, MBIE, and Engineering NZ. A media release from Engineering NZ has been published today, 7 July 2023 (available at engineeringnz.org and below).

We appreciate this news could be unsettling and we want to provide property owners in our city with certainty about impacted designs as quickly as possible.

An initial review has been conducted to identify where BCs or CCCs use the names of any of the parties disclosed to us and we have identified three possible issues. One has been verified as a legitimate Producer Statement, and two have been deemed as fraudulent.

We have contacted the impacted property owners to let them know about the issue, to provide them with their building packet that contains the documentation in question, and to put them in touch with Engineering NZ and MBIE to work through resolving the issue.

While the media release from Engineering NZ is suggesting Councils provide certainty for owners, we are unable to resolve the issue directly. The matter we can provide certainty on is access to or a copy of the building file information to enable building owners to satisfy themselves if the engineers name/company name on the BC or CCC is one of the names involved in this issue. Impacted property owners will need to contact Engineering NZ and MBIE for guidance and next steps.

While we have identified two fraudulent issues, we cannot be 100% sure that our search has identified all potentially impacted buildings, so we are encouraging concerned building owners to:

• Review your building records to confirm the name and company of those involved. If you don't have these records, come and see us at the HAPAI Service Centre and use the self-service kiosk, or request it by email at askus@uhcc.govt.nz.

• If you have purchased a property in the last seven years that has been renovated or constructed, please contact us. We'll be able to give you more information about who to talk to (or the developer/architect/builder or project manager may be able to tell you directly whether one of the engineers is involved).

• Building owners may also wish to engage building and engineering advisors to assist in their review of their building interests.

If Mr. Hall/Kodiak was involved, we can help building owners work with Engineering NZ and MBIE to resolve this. Any other general queries at this time should be directed to Engineering NZ.

We'll update this page as new information becomes available.

MEDIA RELEASE FROM ENGINEERING NEW ZEALAND

12pm Friday, 7 July 2023

Over 40 councils affected by consenting concerns

Engineering New Zealand says concerns about building consents having been improperly signed off affect over 40 councils, with Chief Executive Dr Richard Templer saying supporting councils is “a clear priority”.

This follows recent allegations that one of its members, engineering technologist Jonathan (Jon) Beau Hall, director of Kodiak Consulting Limited, has completed and signed documents using others’ identities and credentials without their permission. The documents include producer statements, which provide assurance to councils that a design meets Building Code and consenting requirements when signed by a Chartered Professional Engineer.

Templer says, “This is a tough time for councils and their communities, and I feel for the many owners who are anxious to know if their properties are impacted.

“I understand over one thousand properties may be impacted by the alleged misappropriations, and it’s extremely disappointing to see allegations of such scale.”

Templer says many engineers have readily taken on “a huge amount of extra work” to help local councils fully understand the implications for owners. “Exactly how a given property is impacted is likely to be specific, so Engineering New Zealand is also working with councils to develop guidance to classify the likelihood and types of risk to impacted properties,” he says.

“Councils are a first port of call for communities and ultimately accountable for their processes – but this is a significant task and complex situation. Our goal is to help councils provide certainty for owners as soon as we can, although it will likely take some time to work things through,” says Templer.

New Zealand has 69 authorities, including councils, that can issue building consents. In recent years Engineering New Zealand has made its producer statements available online. Benefits for engineers and consenting authorities can include quality assurance, consistency and efficiency, secure signing within that system, and real-time updates when changes are made.

Templer says owners with concerns about their properties should contact their local council first. Additionally, Engineering New Zealand’s website has a public search to check whether members and Chartered Professional Engineers have outstanding notices against them.

“‘Chartered Professional Engineer’ is a protected title and quality mark for engineers who have undergone a competency assessment, and one that councils should be able to trust” says Templer.

“As such, we take the matter of alleged misrepresentation very seriously, and are passing on any relevant information to the Police and relevant authorities,” he says.

Affected councils – current as of 7 July 2023

Auckland Council, Buller District Council, Carterton District Council, Central Hawkes Bay District Council, Central Otago District Council, Christchurch City Council, Far North District Council, Gisborne District Council, Hamilton City Council, Hauraki District Council, Hurunui District Council, Kaipara District Council, Kawerau District Council, Marlborough District Council, Masterton District Council, Matamata-Piako District Council, New Plymouth District Council, Ōpōtiki District Council, Ōtorohanga District Council, Queenstown Lakes District Council, Rangitīkei District Council, Rotorua Lakes Council, Ruapehu District Council, Selwyn District Council, South Taranaki District Council, South Waikato District Council, South Wairarapa District Council, Southland District Council, Taupō District Council, Tauranga City Council, Thames Coromandel District Council, Upper Hutt City Council, Waikato District Council, Waimakariri District Council, Waipā District Council, Wairoa District Council, Waitomo District Council, Western Bay of Plenty District Council, Westland District Council, Whakatāne District Council, Whanganui District Council, Whangārei District Council

Notes to reporters

Further background to this story can be found in our release Consented designs under investigation.

Engineering New Zealand is New Zealand's professional body for engineers, with some 22,000 members. We represent – and regulate – our members. We also act as the Registration Authority for Chartered Professional Engineers.

Our searchable database of members and Chartered Professionals Engineers can be found at www.engineeringnz.org/public-tools/find-engineer

For more information or to arrange an interview, contact Lachlan McKenzie on 021 479 885.