Removing heat pumps from two houses for non-payment led to Electricity Act convictions and fines for Christchurch pensioner John Brian Kipping.
Where ownership of any retrieved item has already passed to a new owner, ‘self-help’ remedies for non-payment can amount to theft.
Kipping was described as helping a friend when recovering the heat pumps. His friend was annoyed at being left unpaid by a building contractor after it went into liquidation.
The High Court was told Kipping accessed two different Christchurch properties in 2019, in each case turning off the heat pump’s exterior isolator switch, stripping out wiring attached to the exterior unit and carting the unit away.
Kipping was not charged with theft, but was prosecuted by the Electrical Workers Registration Board for doing prescribed electrical work while not registered as an electrician.
The High Court was told Kipping had passed the necessary examination and practical requirements for registration back in 2006, but never registered.
When charged, Kipping said his removal of the heat pump units did not amount to ‘electrical work.’ After turning off the isolator switch, he inserted wire into the switch, making it difficult to turn back on. There was no safety issue, he argued.
Wires formerly attached to the pump were left exposed.
The High Court confirmed a trial judge’s earlier ruling that the pumps removal amounted to ‘electrical work,’ and that the job was left unfinished. The site had not been made safe. Should the isolator switch be turned back on, the exposed wires would become live.
The heat pump had been wired in; it was not like a household appliance plugged into a power outlet.
The High Court confirmed Kipping’s conviction, but reduced the fine imposed by twenty-five per cent, down to $2250.
This reduction reflected inordinate delays in bringing the prosecution to trial, in breach of Bill of Rights entitlement to be tried without undue delay. Kipping’s District Court trial took place four years after the Registration Board first received a complaint about his actions.
Kipping v. Electrical Workers Registration Board – High Court (13.06.24)
24.149