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New Zealand Legislation: Regulations

Regulations are laws made under Acts

Reprint as at 1 January 2006

Chartered Professional Engineers of New Zealand Rules (No 2) 2002

(SR 2002/389)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by the Institution of Professional Engineers of New Zealand Incorporated.

Pursuant to section 40 of the Chartered Professional Engineers of New Zealand Act 2002, the Institution of Professional Engineers New Zealand Incorporated makes the following rules (which, in the case of the rules containing CPEng standards, have been prepared, and approved by the Chartered Professional Engineers Council, in accordance with section 41 of that Act).

Contents

3 Interpretation

Part 1
Title of chartered professional engineer

4 Title of chartered professional engineer

5 Use of title of chartered professional engineer in representing overseas qualifications

Part 2
Registration of chartered professional engineers

Subpart 1—Assessment for initial registration

Minimum standard for registration

6 Minimum standard for registration as chartered professional engineer

7 Definitions for purpose of minimum standard for registration

Applications for registration

8 How to apply for registration

9 Information that must be provided to support application

9A Information missing from application

Way in which application for registration must be evaluated and decisions made and implemented

10 Assessment panel must evaluate application

11 Way in which assessment panel must evaluate application

12 Competency Assessment Board must make decision on application

13 Competency Assessment Board must give applicant opportunity to respond

14 Competency Assessment Board must meet additional requirements if rejecting or varying recommendation

15 Registration Authority must notify and implement decision

Subpart 2—Registration certificates

16 How to apply for registration certificates

17 Issue of registration certificates

18 Term for which registration certificates issued

19 Registration Authority may require cancelled or suspended registration certificates to be returned or destroyed

Subpart 3—Assessment for continued registration

Minimum standard for continued registration

20 Minimum standard for continued registration as chartered professional engineer

Minimum frequency of assessments of continued registration

21 Minimum frequency of assessment of continued registration

Commencement of assessment

22 Registration Authority must notify chartered professional engineers of assessment

23 Information that must be provided to demonstrate current competence

Way in which continued registration must be evaluated and decisions made and implemented

24 Assessment panel must evaluate continued registration

25 Way in which assessment panel must evaluate continued registration

26 Competency Assessment Board must make decision on continued registration

27 Competency Assessment Board must give candidate opportunity to respond

28 Competency Assessment Board must meet additional requirements if rejecting or varying recommendation

29 Registration Authority must notify and implement decision

30 Complaints arising from assessment of continued registration

Subpart 4—Review of registration assessment procedures

31 Request for review of assessment procedures

32 Competency assessment reviewer must carry out review of assessment procedures

33 Registration Authority must notify and implement decision

34 Subpart does not limit statutory rights of appeal

Subpart 5—Suspensions, removals, or abeyances of registration for other non-disciplinary reasons

Way in which suspensions, removals, and abeyances for other non-disciplinary reasons must be decided on and implemented

35 Registration Authority must give person opportunity to respond

36 Registration Authority must notify decision

Voluntary abeyances

37 How to voluntarily place registration into abeyance

38 Minimum and maximum periods of voluntary abeyances

Subpart 6—Register

39 Additional matters to be shown in register

40 Form of register

41 Amendment of register

Subpart 7—Miscellaneous

42 Retention of assessment information

Part 3
Code of ethical conduct

General obligations to society

43 Take reasonable steps to safeguard health and safety

44 Have regard to effects on environment

45 Act with honesty, objectivity, and integrity

General professional obligations

46 Not misrepresent competence

47 Not misrepresent chartered professional engineer status

48 Inform others of consequences of not following advice

49 Not promise, give, or accept inducements

Obligations to employers and clients

50 Not disclose confidential information

51 Not misuse confidential information for personal benefit

52 Disclose conflicts of interest

Obligations owed to other engineers

53 Not review other engineers' work without taking reasonable steps to inform them and investigate

Part 4
Disciplining of chartered professional engineers

Complaints and inquiries

54 How to complain about chartered professional engineers

55 Registration Authority may inquire into matters on own motion

Initial investigation of complaint

56 Registration Authority must refer complaint to investigating committee unless grounds for not doing so

57 Grounds for not referring complaint to investigating committee

58 Way in which decision on whether or not to refer complaint to investigating committee must be made

59 Registration Authority must notify and implement decision

Investigation of complaint or inquiry by investigating committee

60 Investigating committee must determine whether or not to refer complaint or inquiry to disciplinary committee

61 Powers of investigating committee

62 Investigating committee may explore alternative dispute resolution for complaints

63 Investigating committee must give person complained about opportunity to respond

64 Way in which investigating committee's decision must be made

65 Registration Authority must notify and implement decision

Disciplinary committee

66 Disciplinary committee must determine complaint or inquiry

67 Powers of disciplinary committee

68 Way in which disciplinary committee must consider disciplinary matter

69 Way in which disciplinary committee's decision must be made

70 Registration Authority must notify and implement decision

Part 5
Persons carrying out delegated functions and powers under rules

General provisions

71 Persons carrying out delegated functions and powers under rules

72 General provisions about procedures of persons carrying out decision-making functions

73 Rules do not limit Registration Authority's power to carry out delegated functions and powers

74 General provisions about appointments, revocations of appointments, and resignations under this Part

Persons with delegated functions relating to registration

75 Assessment panels and assessors

76 Procedures of assessment panel

77 Competency Assessment Board

78 Chairperson of Competency Assessment Board

79 Meetings and procedures of Competency Assessment Board

80 Competency assessment reviewer

Persons with delegated functions relating to disciplinary matters

81 Complaints research officers

82 Registration Authority must keep list of persons who may be members of committees

83 Chairpersons and alternate chairpersons of investigating and disciplinary committees

84 Investigating committee

85 Disciplinary committee

Part 6
Rule-making procedure

86 Procedure for making, amending, or revoking rules

87 Exception for cases of urgency

Part 7
Miscellaneous

88 Revocation of Chartered Professional Engineers of New Zealand Rules 2002

Schedule 1
Information that must be contained in form for assessments

Schedule 2
Charges

Gazette information

Chartered Professional Engineers of New Zealand Amendment Rules 2004

Rules