09 December 2015

Earthquake: Attorney-General v. IPENZ

The High Court ruled engineer Alan Reay could not argue the merits of his professional disciplinary dispute with IPENZ in the middle of government litigation trying to force the professional engineering body to hear complaints about Dr Reay’s alleged involvement in designing the CTV building which collapsed in the 2011 Christchurch earthquake killing 115 people.
In 2012, two complaints were made to the Institution of Professional Engineers (IPENZ) about Dr Reay’s alleged involvement in the CTV building’s design.  One was a private complaint made on behalf of families affected; the other laid by the Ministry of Business and Employment.  Membership of IPENZ is voluntary.  When Dr Reay resigned as a member, IPENZ decided it no longer had jurisdiction to consider the complaints.  While a subsequent High Court hearing decided IPENZ could still deal with complaints arising from Dr Reay’s professional activities whilst he had been a member, IPENZ decided its job was done and it would not reopen the disciplinary hearing.
Government lawyers have now sued, requesting a court order that IPENZ reconsider the Ministry’s complaint.  This case has yet to be heard.  As part of the litigation, Dr Reay seeks to have the government application dismissed.  He filed papers alleging IPENZ had acted in an unfair and unreasonable manner in its earlier investigation and had breached his rights to natural justice.
Justice Brown ruled Dr Reay could not argue the merits of any IPENZ investigation in the middle of a case narrowly about whether IPENZ should undertake a disciplinary investigation.  These are arguments to be dealt with later, should there be another IPENZ investigation.
Attorney General v. IPENZ – High Court (9.12.15)

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