New Zealand

Electrician loses licence after builder fatally shocked

13:59 pm on 14 November 2024

Stephen Burton had already been sentenced to home detention and ordered to pay $150,000 reparation.

Stephen Graeme Burton has had his licence suspended. Photo: RNZ/Samantha Gee

A Nelson electrician has had his licence suspended for two years for "grossly negligent" work that resulted in the death of a handyman.

Craig Johnston died from a cardiac arrhythmia after he was electrocuted by an incorrectly wired rangehood at a Nelson home in March 2020.

He owned and operated a handyman business under the Hire-a-Hubby franchise and had been employed to build a casing around a rangehood and was later found unresponsive by the homeowner.

Electrician Stephen Burton was sentenced to eight months home detention in Nelson District Court earlier this year on a charge brought by WorkSafe of carrying out electrical work in a manner that was dangerous to life.

He was also ordered to pay $150,000 in reparation to Johnston's family, of which $50,000 has since been paid.

Burton had installed a new rangehood and fan in the kitchen of the home and was found, at a judge-alone trial in November, to have failed to properly test the socket outlet - which would have revealed it was live and not properly earthed.

He has now been suspended for two years by the Electrical Workers Registration Board, or until he completes the board's theory and regulations exams and three practical assessments.

The board launched an investigation into Burton's conduct in April 2020 following a WorkSafe complaint and suspended his licence.

Burton applied in February 2021 to have his suspension revoked and the board agreed, subject to the completion of refresher training on electrical testing and an assessment of competence, pending the consideration of criminal charges being brought by WorkSafe.

A disciplinary hearing was held in September before the Electrical Workers Registration Board.

Burton sought to retain his licence so that he could both pay the remaining $100,000 and support himself and his wife, who works for his business. The board noted he had assets that could be realised to satisfy the remaining amount, but he had chosen not to.

At a judge-alone trial last November, Burton claimed someone else had changed the wiring, and that he had tested his work as required - claims Judge David Ruth called untenable.

Johnston's partner of 35 years, Ruth McAlpine, told the court at sentencing that he had been the cornerstone of their family - a funny, passionate, hard-working, well-loved, and capable man.

She said Burton was responsible for her partner's death and that his failure to check the socket wiring was no accident.

"I feel we are the ones being punished for something that never should have happened," she told the court.

Electrical Workers Registration Board registrar Duncan Connor said Burton's work had been "grossly negligent".

His work included disconnecting and reconnecting conductors to the power supply. The Board found that Burton failed to adequately test the installation to confirm that the work was electrically safe to use and issued a false and misleading Certificate of Compliance.

"In failing to correctly test his installation, Mr Burton made a cardinal mistake that resulted in the unfortunate death of an unsuspecting tradesman."

He said carrying out prescribed electrical work required expertise, training and could be highly dangerous for everyone involved if not done properly.

"The aim of regulating electrical workers is to ensure that those performing prescribed electrical work are properly trained to avoid electrical hazards and to protect the safety of consumers."

Connor said complaints about both licensed and unlicensed electrical workers were taken seriously and investigated by the Electrical Workers Registration Board, who would not hesitate to hold them to account.

Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.