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

Reprint as at 1 December 2020

Coat of Arms of New Zealand

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

(SR 2002/389)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Institution of Professional Engineers 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

1Title
2Commencement
3Interpretation
3ATransitional, savings, and related provisions
Part 1
Title of chartered professional engineer
4Title of chartered professional engineer
5Use 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
6Minimum standard for registration as chartered professional engineer
7Definitions for purpose of minimum standard for registration
Applications for registration
8How to apply for registration
9Information that must be provided to support application
9AInformation missing from application
Way in which application for registration must be evaluated and decisions made and implemented
10Assessment panel must evaluate application
11Way in which assessment panel must evaluate application
12Competency Assessment Board must make decision on application
13Competency Assessment Board must give applicant opportunity to respond
14Competency Assessment Board must meet additional requirements if rejecting or varying recommendation
15Registration Authority must notify and implement decision
Subpart 2—Registration certificates
16How to apply for registration certificates
17Issue of registration certificates
18Term for which registration certificates issued
19Registration Authority may require cancelled or suspended registration certificates to be returned or destroyed
Subpart 3—Assessment for continued registration
Minimum standard for continued registration
20Minimum standard for continued registration as chartered professional engineer
Minimum frequency of assessments of continued registration
21Minimum frequency of assessment of continued registration
Commencement of assessment
22Registration Authority must notify chartered professional engineers of assessment
23Information that must be provided to demonstrate current competence
Way in which continued registration must be evaluated and decisions made and implemented
24Assessment panel must evaluate continued registration
25Way in which assessment panel must evaluate continued registration
26Competency Assessment Board must make decision on continued registration
27Competency Assessment Board must give candidate opportunity to respond
28Competency Assessment Board must meet additional requirements if rejecting or varying recommendation
29Registration Authority must notify and implement decision
30Complaints arising from assessment of continued registration
Subpart 4—Review of registration assessment procedures
31Request for review of assessment procedures
32Competency assessment reviewer must carry out review of assessment procedures
33Registration Authority must notify and implement decision
34Subpart 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
35Registration Authority must give person opportunity to respond
36Registration Authority must notify decision
Voluntary abeyances
37How to voluntarily place registration into abeyance
38Minimum and maximum periods of voluntary abeyances
Subpart 6—Register
39Additional matters to be shown in register
40Form of register
41Amendment of register
Subpart 7—Miscellaneous
42Retention of assessment information
Part 3
Code of ethical conduct
42AInterpretation
Obligations in public interest
42BTake reasonable steps to safeguard health and safety
42CHave regard to effects on environment
42DReport adverse consequences
Obligations relating to personal conduct
42EAct competently
42FBehave appropriately
42GInform others of consequences of not following advice
42HMaintain confidentiality
42IReport breach of code
General obligations to society
[Revoked]
43Take reasonable steps to safeguard health and safety [Revoked]
44Have regard to effects on environment [Revoked]
45Act with honesty, objectivity, and integrity [Revoked]
General professional obligations
[Revoked]
46Not misrepresent competence [Revoked]
47Not misrepresent chartered professional engineer status [Revoked]
48Inform others of consequences of not following advice [Revoked]
49Not promise, give, or accept inducements [Revoked]
Obligations to employers and clients
[Revoked]
50Not disclose confidential information [Revoked]
51Not misuse confidential information for personal benefit [Revoked]
52Disclose conflicts of interest [Revoked]
Obligations owed to other engineers
[Revoked]
53Not review other engineers’ work without taking reasonable steps to inform them and investigate [Revoked]
Part 4
Disciplining of chartered professional engineers
Complaints and inquiries
54How to complain about chartered professional engineers
55Registration Authority may inquire into matters on own motion
Initial investigation of complaint
56Registration Authority must refer complaint to investigating committee unless grounds for not doing so
57Grounds for not referring complaint to investigating committee
58Way in which decision on whether or not to refer complaint to investigating committee must be made
59Registration Authority must notify and implement decision
Investigation of complaint or inquiry by investigating committee
60Investigating committee must determine whether or not to refer complaint or inquiry to disciplinary committee
61Powers of investigating committee
62Investigating committee may explore alternative dispute resolution for complaints
63Investigating committee must give person complained about opportunity to respond
64Way in which investigating committee’s decision must be made
65Registration Authority must notify and implement decision
Disciplinary committee
66Disciplinary committee must determine complaint or inquiry
67Powers of disciplinary committee
68Way in which disciplinary committee must consider disciplinary matter
69Way in which disciplinary committee’s decision must be made
70Registration Authority must notify and implement decision
Part 5
Persons carrying out delegated functions and powers under rules
General provisions
71Persons carrying out delegated functions and powers under rules
72General provisions about procedures of persons carrying out decision-making functions
73Rules do not limit Registration Authority’s power to carry out delegated functions and powers
74General provisions about appointments, revocations of appointments, and resignations under this Part
Persons with delegated functions relating to registration
75Assessment panels and assessors
76Procedures of assessment panel
77Competency Assessment Board
78Chairperson of Competency Assessment Board
79Meetings and procedures of Competency Assessment Board
80Competency assessment reviewer
Persons with delegated functions relating to disciplinary matters
81Complaints research officers
82Registration Authority must keep list of persons who may be members of committees
83Chairpersons and alternate chairpersons of investigating and disciplinary committees
84Investigating committee
85Disciplinary committee
Part 6
Rule-making procedure
86Procedure for making, amending, or revoking rules
87Exception for cases of urgency
Part 7
Miscellaneous
88Revocation of Chartered Professional Engineers of New Zealand Rules 2002
Schedule 1AA
Transitional, savings, and related provisions
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
Chartered Professional Engineers of New Zealand Amendment Rules 2011
Reprint notes