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)
16.018