A rare judicial review application by the Govt

Normally private sector bodies take judicial reviews against the Govt, but in a rare move the Government is seeking a judicial review against the  Institute of Professional Engineers of New Zealand (IPENZ).

Stuff reports:

The Government has lodged a legal challenge against a decision not to investigate the Christchurch engineer involved in the failed CTV building design.

The Government has applied before the High Court to seek a judicial review of the decision by the Institute of Professional Engineers of New Zealand (IPENZ) to drop its investigation into Alan Reay’s role in the design of the CTV building.

Building and housing minister Nick Smith said the decision to drop the investigation into Reay after he resigned from IPENZ was flawed. 

“We want the decision overturned and IPENZ to complete the investigation into the professional conduct of Dr Reay’s role in the design of the CTV building.”

“We owe it to the memory of those who lost their lives to hold those responsible to account for the building’s flawed design, and to ensure every possible lesson is learnt by the engineering profession to minimise the future risk.”   …

“It is important that we clarify the law as to whether a professional can avoid disciplinary proceedings by simply resigning. Completing the IPENZ investigation will also be important in clarifying the professional standards expected of a senior engineer supervising the work of a more junior engineer,” Smith said.

Resigning to escape a disciplinary hearing is a cop out, especially when the issue at hand was the collapse of a building killing scores.

Good to see the Government taking action on this.