Chartered Professional Engineers of New Zealand Act 2002

1: Title
This Act is the Chartered Professional Engineers of New Zealand Act 2002.
1: Preliminary provisions
2: Commencement
Except as provided in sections 73 to 77
3: Purpose of Act
The purpose of this Act is to reform the law relating to the registration of engineers and to establish the title of chartered professional engineer as a mark of quality; and, to those ends, this Act—
a: establishes a registration system for chartered professional engineers, under which persons who wish to be chartered professional engineers must meet minimum standards to be, and continue to be, registered:
b: requires a code of ethics and a complaints and disciplinary process to apply to chartered professional engineers:
c: requires a professional body to carry out the functions relating to the registration system, the code of ethics, and the complaints and disciplinary process, and establishes a statutory body to oversee aspects of those functions:
d: repeals the Engineers Registration Act 1924.
4: Interpretation
In this Act, unless the context otherwise requires,— board chartered professional engineer section 6 commencement date section 66 Council section 44 CPEng standards section 40 decision decision authority
a: the Registration Authority:
b: the Council disciplinary matter Engineers Registration Board section 3 of the Engineers Registration Act 1924 establishment period section 66 financial year section 61 member Minister registered section 8 Registration Authority rules section 40 section 41 transitional period section 66
5: Act to bind the Crown
This Act binds the Crown.
2: Chartered professional engineers
Title of chartered professional engineer and its protection
6: Title of chartered professional engineer
A person is a chartered professional engineer
a: is registered; and
b: holds a current registration certificate.
7: Protection of title of chartered professional engineer
1: No person, other than a chartered professional engineer, may use in connection with his or her business, trade, employment, calling, or profession—
a: the title chartered professional engineer
b: any words, initials, or abbreviations of that title that are intended to cause, or that may reasonably cause, any person to believe that the person using those words, initials, or abbreviations is a chartered professional engineer.
2: Despite subsection (1), a person may use that title (or words, initials, or abbreviations of that title) in representing qualifications or titles awarded by overseas agencies in accordance with the rules.
3: A person who contravenes subsection (1) commits an offence, and is liable on Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Registration of chartered professional engineers
8: Requirements for initial registration as chartered professional engineer
The Registration Authority must register a person if he or she—
a: applies to the Registration Authority, and pays the applicable charge, in accordance with the rules; and
b: satisfies the Registration Authority that he or she meets the minimum standards for registration contained in the rules; and
c: agrees to be bound by the rules as amended from time to time.
9: Issue and term of registration certificate
1: The Registration Authority must issue a registration certificate to a person on his or her registration.
2: The Registration Authority must issue each subsequent registration certificate to a person if he or she—
a: is currently registered; and
b: applies to the Registration Authority, and pays the applicable charge, in accordance with the rules.
3: A registration certificate is in force for the year or years (or part of them) for which it is issued.
4: However, a person's registration certificate is immediately cancelled if the person's registration is removed.
5: If a person does not hold a current registration certificate for more than 12 months, his or her registration may be removed, unless—
a: in that period the person has applied for a certificate, and paid the applicable charge, in accordance with the rules; or
b: his or her registration has been placed in abeyance because he or she required it to be.
10: Registration charges
1: The Registration Authority may decline to register a person or to issue a registration certificate if the applicable charge is not paid.
2: If a charge payable by a person for registration or a registration certificate remains unpaid for 90 days or more, the Registration Authority may place the person's registration in abeyance until the person pays the charge and, if he or she does not do so within 12 months, remove his or her registration.
11: Chartered professional engineer to meet minimum standards for continued registration
1: The Registration Authority must assess at the frequency required by the rules, and may assess at any other time, whether or not a registered person meets the minimum standards for continued registration contained in the rules.
2: If the Registration Authority determines that the person does not meet those minimum standards, it must—
a: remove the person's registration; or
b: suspend the person's registration until the person satisfies the Authority that he or she meets those minimum standards and, if he or she does not do so within 12 months, remove his or her registration.
12: Removal from register
1: The Registration Authority may remove a person's registration only—
a: if the person dies; or
b: if the person, by written notice, requires the Registration Authority to remove his or her registration; or
c: in accordance with section 9
d: in accordance with section 10
e: in accordance with section 11
f: in accordance with section 22
g: in accordance with section 23
2: The Registration Authority must comply with the applicable procedures under section 25
13: Suspension from register
1: The Registration Authority may suspend a person's registration only in accordance with—
a: section 11
b: section 22
c: section 23
2: The Registration Authority must comply with the applicable procedures under section 25
14: Placing registration in abeyance
1: The Registration Authority may place a person's registration in abeyance only—
a: if the person, by written notice, requires it (and then for the period required, subject to the rules); or
b: in accordance with section 10
2: The Registration Authority must comply with the applicable procedures under section 25
15: Effect of suspension or abeyance of registration
1: A person is not a chartered professional engineer for the purposes of this Act, and accordingly must not use that title, for the period for which his or her registration is suspended or placed in abeyance.
2: At the end of the period of suspension or abeyance, the person's registration is immediately revived (unless it has been removed) and, if the person's registration certificate has expired, the Registration Authority may issue a registration certificate to him or her under section 9(2) Register of chartered professional engineers
16: Registration Authority to keep register of chartered professional engineers
1: The Registration Authority must keep and maintain a register of chartered professional engineers in accordance with this Act and the rules.
2: The purpose of the register is—
a: to enable members of the public to—
i: know who is a chartered professional engineer and what is the status and relevant history of the person's registration; and
ii: select a suitable engineer from a list of chartered professional engineers; and
iii: (if the chartered professional engineer has consented) know how to contact a chartered professional engineer; and
iv: know which chartered professional engineers have been disciplined within the last 3 years; and
b: to facilitate the administrative, disciplinary, and other functions of the Registration Authority under this Act.
17: Form of register
The register may be kept in the manner that the Registration Authority thinks fit, including, either wholly or partly, by means of a device or facility that—
a: records or shares information electronically or by other means; and
b: permits the information recorded to be readily inspected or reproduced in a usable form; and
c: permits the information recorded to be accessed by electronic means, including (without limitation) by means of remote log-on access.
18: Matters to be shown in register
1: The register must contain the following information for each registered person:
a: the name of the person; and
b: if the person consents, address details (including the electronic address if applicable) of the person; and
c: the following matters on the status and history of the person's registration:
i: the date on which the person was registered; and
ii: the period for which the most recent registration certificate was issued; and
iii: any order made on a disciplinary matter in the last 3 years; and
iv: any other current suspension or placing of registration in abeyance, the ground under this Act for the suspension or abeyance (eg, whether for non-payment of registration charges, required by the registered person, or on another ground), its period, and any conditions for its termination; and
d: any other information that the Registration Authority considers necessary or desirable for the purpose of the register.
2: The Registration Authority may publicly notify in the register an order made on a disciplinary matter, a suspension, or an abeyance (other than an abeyance required by the registered person) only if the person has not exercised his or her rights of appeal under sections 35 38
19: Register to be public
The Registration Authority must—
a: keep the register open for public inspection, without fee, during reasonable hours at the head office of the Registration Authority and at any other place that the Registration Authority determines to be necessary or appropriate; and
b: supply to a person copies of all or part of the register on request and on payment of a reasonable charge for the production of the copy. Disciplining of chartered professional engineers
20: Complaints on chartered professional engineers
1: Any person may complain to the Registration Authority about the conduct of a chartered professional engineer in accordance with the rules.
2: The Registration Authority must, as soon as practicable after receiving a complaint, investigate the complaint and determine whether or not to proceed with it.
2A: If the Registration Authority determines not to proceed with a complaint because the matter relates to a building practitioner who is licensed under the Building Act 2004
3: A complaint or inquiry, and any decision on the complaint or inquiry, may relate to a person who is no longer a chartered professional engineer, but who was a chartered professional engineer at the time of the relevant conduct. Section 20(2A) inserted 31 March 2005 section 414 Building Act 2004
21: Grounds for discipline of chartered professional engineers
1: The Registration Authority may (in relation to a matter raised by a complaint or by its own inquiries) make an order referred to in section 22
a: has been convicted, whether before or after he or she became registered, by any court in New Zealand or elsewhere of any offence punishable by imprisonment for a term of 6 months or more if, in the Authority's opinion, the commission of the offence reflects adversely on the person's fitness to practise engineering; or
b: has breached the code of ethics contained in the rules; or
c: has performed engineering services in a negligent or incompetent manner; or
d: has, for the purpose of obtaining registration or a registration certificate (either for himself or herself or for any other person),—
i: either orally or in writing, made any declaration or representation knowing it to be false or misleading in a material particular; or
ii: produced to the Authority or made use of any document knowing it to contain a declaration or representation referred to in subparagraph (i); or
iii: produced to the Authority or made use of any document knowing that it was not genuine.
2: The Registration Authority may make the order whether or not the person is still a chartered professional engineer.
3: The Registration Authority must comply with the applicable procedures under section 25
22: Disciplinary penalties
1: In any case to which section 21
a: the person's registration be removed, and that the person may not apply for re-registration before the expiry of a specified period:
b: the person's registration be suspended for a period of no more than 12 months or until the person meets specified conditions relating to the registration (but, in any case, not for a period of more than 12 months):
c: the person be censured:
d: the person must pay a fine not exceeding $5,000.
2: The Registration Authority may make only 1 type of order in subsection (1) in relation to a case, except that it may impose a fine under subsection (1)﻿(d) in addition to an order under subsection (1)﻿(b) or subsection (1)﻿(c).
3: No fine may be imposed under subsection (1)﻿(d) in relation to an act or omission that constitutes an offence for which the person has been convicted by a court.
4: In any case to which section 21
5: In addition to notifying the order in the register, the Registration Authority—
a: must notify the Registrar of Licensed Building Practitioners appointed under the Building Act 2004
b: may publicly notify the order in any other way that it thinks fit.
6: Subsection (5) applies only if—
a: the person has not exercised his or her rights of appeal under sections 35 38
b: has unsuccessfully exhausted his or her rights of appeal under those sections. Section 22(5) substituted 31 March 2005 section 414 Building Act 2004 Section 22(6) added 31 March 2005 section 414 Building Act 2004
23: Non-payment of fines or costs
If money payable by a person under section 22(1)﻿(d) or section 22(4)
a: remove the person's registration; or
b: suspend the person's registration until the person pays the fine and, if he or she does not do so within 12 months, remove his or her registration. Decision-making functions and general procedure of decision authorities under this Part
24: Decision-making functions of Registration Authority and Council under this Part
1: Under this Part,—
a: the Registration Authority makes decisions relating to the registration of chartered professional engineers, the register, the complaints and disciplinary process for chartered professional engineers, and related matters:
b: the Council hears appeals on those decisions.
2: Subsection (1) is a guide only to the general scheme and effect of the different decision-making functions of the Registration Authority and Council under this Part.
25: Specified procedure for making decisions
In the performance and exercise of its decision-making functions and powers under this Part, a decision authority must—
a: give written notice of, and reasons for, its decision to any person to whom the decision relates; and
b: observe the rules of natural justice; and
c: in the case of the Registration Authority, comply with any applicable procedures under the rules; and
d: in the case of the Council, comply with any regulations made under section 65
26: Other procedure for making decisions
Except as otherwise provided in this Act, a decision authority may regulate its own procedure for making decisions under this Part. Powers and procedure of decision authorities on disciplinary matters
27: Registration Authority and Council may hear evidence for disciplinary matters
1: In relation to a disciplinary matter, a decision authority may—
a: receive evidence on oath (and for that purpose a member of the governing body of the decision authority or an employee of the decision authority may administer an oath):
b: permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath, statutory declaration, or otherwise.
2: A hearing before a decision authority on a disciplinary matter is a judicial proceeding for the purposes of sections 108 109
28: District Court may authorise Registration Authority or Council to summon witnesses on disciplinary matters
1: A District Court Judge may, on the application of a decision authority or the person to whom the proceedings relate, give a certificate authorising the decision authority to issue a summons under section 29
2: A District Court Judge must not give a certificate under subsection (1) unless satisfied that—
a: the evidence of the witness is or may be material to the hearing of a disciplinary matter by the decision authority; and
b: it is necessary or desirable that the summons be issued to compel the attendance of the witness at the hearing.
29: Issuing of summons by Registration Authority or Council
1: A decision authority must, on production of a certificate referred to in section 28
a: give evidence:
b: give evidence under oath:
c: produce documents, things, or information, or any specified documents, things, or information, in the possession or control of that person that are relevant to the hearing.
2: The summons must be in writing, be signed by a member of the governing body of the decision authority, and state—
a: the date and time when, and the place where, the person must attend; and
b: the documents, things, or information that the person is required to bring and produce to the decision authority; and
c: the entitlement to be tendered or paid a sum in respect of witnesses' fees, allowances, and expenses; and
d: the penalty for failing to attend.
3: A decision authority may require that any documents, things, or information produced under this section be verified by oath, statutory declaration, or otherwise.
30: Serving of summons
1: A summons may be served—
a: by delivering it personally to the person summoned; or
b: by posting it to the person summoned at that person's usual place of residence.
2: A summons must,—
a: if it is to be served under subsection (1)﻿(a), be served at least 48 hours before the attendance of the witness is required:
b: if it is to be served under subsection (1)﻿(b), be served at least 10 days before the attendance of the witness is required.
3: A summons that is posted is treated as having been served when it would have been delivered in the ordinary course of post.
31: Witnesses' fees, allowances, and expenses
1: A witness appearing before a decision authority under a summons is entitled to be paid witnesses' fees, allowances, and expenses in accordance with the scales prescribed for the time being by regulations under the Criminal Procedure Act 2011
2: The person requiring attendance of the witness must pay or tender to the witness the fees, allowances, and expenses at the time the summons is served or at some other reasonable time before the hearing. Section 31(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
32: Failure to comply with summons
1: A person summoned under section 29
a: fails to attend in accordance with the summons; or
b: does not give evidence when required to do so; or
c: does not give evidence under oath when required to do so; or
d: does not answer any question that is lawfully asked by a decision authority; or
e: does not provide any documents, things, or information that the summons requires the person to provide.
2: A person who commits an offence against this section is liable on
3: A person must not be convicted of an offence under this section if witnesses' fees, allowances, and expenses to which the person is entitled under section 31 Section 32(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
33: Protection for members of decision authorities and others for disciplinary matters
1: Neither a decision authority nor any committee, member, or employee of a decision authority is liable for any act or omission done, in good faith, in the pursuance or intended pursuance of their functions or duties or exercise of their powers under this Act or the rules in relation to disciplinary matters.
2: Every person who does the following things has the same privileges as witnesses have in a court:
a: provides documents, things, or information to a decision authority in relation to a disciplinary matter; or
b: gives evidence or answers questions at a hearing of a decision authority in relation to a disciplinary matter.
3: Every counsel appearing before a decision authority in relation to a disciplinary matter has the same privileges and immunities as counsel in a court.
34: Enforcement of orders
If a decision authority, acting in accordance with this Act and the rules in relation to a disciplinary matter, makes an order or otherwise exercises any power in respect of a person who is or was a chartered professional engineer, that order or other exercise of any power has effect whether or not that person remains a chartered professional engineer. Appeal of decisions
35: Right of appeal
1: The person to whom the decision relates or, if it is a disciplinary matter, the complainant may appeal to the Council against a decision of the Registration Authority under this Part.
2: The Registration Authority, the person to whom the decision relates, or, if it is a disciplinary matter, the complainant may appeal to the District Court
3: The appeal of a decision must be made by written notice to the Council or District Court (as the case may be) within—
a: 28 days after the person receives notice of the decision from the decision authority; or
b: any further time that the Council or District Court (as the case may be) allows on application made to it before the expiry of the 28-day period. Section 35(2) amended 1 March 2017 section 261 District Court Act 2016
36: Decisions to have effect until appeal
Subject to the order of the Council or District Court (as the case may be), every decision of the decision authority against which an appeal is lodged continues in effect according to its terms until the determination of the appeal.
37: Hearing and determination of appeal
1: Every appeal under section 35
2: An appeal to the Council is a rehearing and must be conducted in accordance with any regulations made under section 65
3: Unless the Council otherwise directs, on the rehearing, the record of the evidence adduced at the hearing before the Registration Authority must be placed before the Council, and it is not permissible to recall witnesses who gave evidence before the Registration Authority or to call other witnesses.
4: An appeal to the District Court is a rehearing and must be conducted in accordance with the District Court Rules made under section 228
5: The Council or District Court, as the case may be, may—
a: confirm, vary, or reverse the decision, or part of decision, to which the appeal relates:
b: refer the matter back to the decision authority for it to reconsider, either generally or in relation to specific matters, the whole or any part of the decision (together with any direction on that whole or part that the Council or District Court, as the case may be, thinks fit):
c: make any decision that could have been made by the decision authority:
d: make any order as to the payment of the costs of the appeal that it thinks fit.
6: Nothing in this Part gives the Council or District Court the power to review any part of the decision other than the part to which the appeal relates.
7: In reconsidering a decision referred back to it with a direction under this section, the decision authority must take account of the reasons for the direction and give effect to the direction. Section 37(4) replaced 1 March 2017 section 261 District Court Act 2016
38: Appeal to High Court on questions of law
1: If, in respect of any appeal to the District Court
2: Subject to subsection (3), every appeal under this section must be heard and determined by the High Court in accordance with rules of court.
3: Subpart 8 Section 38(1) amended 1 March 2017 section 261 District Court Act 2016 Section 38(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
3: Registration Authority and Chartered Professional Engineers Council
Registration Authority
39: Functions of Registration Authority
The functions of the Registration Authority under this Act are to—
a: make, and always have, rules relating to chartered professional engineers that are prepared and approved in accordance with this Part:
b: register persons, issue registration certificates, assess continued registration, and carry out the other functions relating to registration in accordance with Part 2
c: keep and maintain the register and carry out the other functions relating to the register in accordance with Part 2
d: receive, investigate, and hear complaints about, inquire into the conduct of, and discipline, chartered professional engineers in accordance with Part 2
40: Rules relating to chartered professional engineers
1: The Registration Authority must make, and always have, rules containing the following minimum standards ( CPEng standards section 41
a: minimum standards of competence (including standards relating to knowledge and skills) in professional engineering that must be met for each class of
b: minimum standards for demonstrating current competence in professional engineering that must be met for continued registration in each class
c: a code of minimum standards of ethical conduct for chartered professional engineers.
2: The Registration Authority must also make, and always have, rules that govern all of the following matters: Title of chartered professional engineer
a: the form of words, initials, and abbreviations that may be used to represent a person as a chartered professional engineer (without limiting any others that may be used consistently with this Act):
b: the form of words, initials, and abbreviations that must be used if the title chartered professional engineer section 7(1)﻿(b) Classes of registration of chartered professional engineers
ba: classes of registration of chartered professional engineers under this Act: Registration of chartered professional engineers
c: the information that must be provided by applicants for registration and registration certificates, and the way in which this information must be evaluated and decisions on the information must be made and implemented:
d: the period for which registration certificates are to be issued:
e: the information that must be provided by registered persons to demonstrate their current competence, and the way in which this information must be evaluated and decisions on the information must be made and implemented:
f: the way in which a proposed removal or suspension of registration (that does not relate to a disciplinary matter) or the placing of registration into abeyance is to be considered, decided on, and implemented, and any minimum and maximum periods for abeyances:
g: any additional matters that may be recorded on the register and the amendment of the register:
h: the charges payable in relation to registration and the issue of a registration certificate, which charges must be reasonable and for the purposes only of recovering the costs of the performance of the functions of the Registration Authority and the Council under this Act: Disciplining of chartered professional engineers
i: the information that must be provided by complainants, and the way in which this information must be evaluated and decisions on whether or not to proceed with the complaint must be made and implemented:
j: an investigating committee to investigate complaints about, and inquire into the conduct of, chartered professional engineers and former chartered professional engineers, and the powers and procedures of that committee under this Act:
k: a disciplinary committee to hear complaints and matters referred to it by the investigating committee, and the powers and procedures of that committee under this Act:
l: the way in which a disciplinary matter must be considered and decided on, and the way in which decisions on that matter must be implemented: Rule-making procedures
m: the making, amendment, and revocation of rules, including the requirements for consultation with persons affected by the rules in the preparation of those proposed rules, amendments, or revocations.
3: In addition, the Registration Authority may also make any other rules that—
a: are necessary or desirable to govern the practice and procedure of the Registration Authority's functions under this Act; or
b: the Registration Authority considers to be desirable in the interests of natural justice.
4: The rules must be consistent with this Act.
5: The rules are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 40(1)﻿(a) amended 31 March 2005 section 414 Building Act 2004 Section 40(1)﻿(b) amended 31 March 2005 section 414 Building Act 2004 Section 40(2)﻿(ba) heading inserted 31 March 2005 section 414 Building Act 2004 Section 40(2)﻿(ba) inserted 31 March 2005 section 414 Building Act 2004 Section 40(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
41: Particular requirements for preparation and approval of rules containing CPEng standards
1: In preparing a rule containing a CPEng standard, the Registration Authority must—
a: ensure that the proposed rule is consistent with the purposes of this Act; and
b: consult with engineers and any persons that it reasonably considers to be representative of other persons or classes of persons affected by the proposed rule; and
c: take into account international best practice and New Zealand's international obligations.
2: The Registration Authority must not make a rule containing a CPEng standard unless the proposed rule is first approved by the Council under this section.
3: The Council must—
a: determine whether or not it approves a proposed rule as soon as practicable after the Registration Authority provides it to the Council; and
b: approve the proposed rule if it has reasonable grounds to be satisfied that the Registration Authority has complied with subsection (1).
4: The requirements of this section that apply to making a rule containing a CPEng standard apply also to any amendment or revocation of that rule.
42: Application of Legislation Act 2012 to rules
Section 42 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
43: Registration Authority may delegate functions
1: The Registration Authority may delegate any of its functions or powers under the Act or the rules to any person or persons.
2: The delegate—
a: may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the Registration Authority; and
b: may delegate the function or power if the delegation permits.
3: A delegate who purports to perform a function or exercise a power under a delegation is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.
4: A delegation under this section—
a: may be revoked at will by the Registration Authority; and
b: does not prevent the Registration Authority from performing the function or exercising the power. Chartered Professional Engineers Council
44: Establishment of Chartered Professional Engineers Council
An organisation called the Chartered Professional Engineers Council is established.
45: Functions of Council
The functions of the Council are to—
a: review and, if the proposed rules meet the applicable requirements, approve proposed rules containing CPEng standards in accordance with section 41
b: hear appeals from decisions of the Registration Authority in accordance with Part 2
c: review and report to the Minister on the performance and exercise of the Registration Authority's and the Council's respective functions and powers under this Act in accordance with this Part.
46: Body corporate status and powers
1: The Council is a body corporate with perpetual succession.
2: Subject to this Act and any other enactment, the Council has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
47: Powers to be exercised for purpose of functions
The Council must exercise its powers only for the purpose of performing its functions.
48: Members and their role
1: All decisions relating to the operation of the Council must be made by or under the authority of the board of the Council.
2: The board of the Council has all the powers necessary for carrying out its role under subsection (1).
49: Composition of board
The Council's board must have at least 6, but no more than 8, members appointed by the Section 49 amended 24 October 2019 section 16 Statutes Amendment Act 2019
50: Criteria for appointment
1: The Minister must appoint
a: 3 persons nominated by the Institution of Professional Engineers of New Zealand Incorporated; and
b: 1 person nominated by the Association of Consulting Engineers of New Zealand; and
c: 1 person
d: 1 to 3 other persons
2: The Minister—
a: must only appoint as a member of the Council a person who, in the Minister’s opinion, is qualified for appointment,—
i: having regard to the functions, duties, and powers of the Council; and
ii: because of that person’s knowledge, experience, or expertise; and
iii: having regard to the aim that the members collectively represent the range of engineering practices and disciplines; and
b: must not appoint a person who is a member of the governing body of the Registration Authority or an employee of the Registration Authority. Section 50(1) amended 24 October 2019 section 17(1) Statutes Amendment Act 2019 Section 50(1)﻿(c) amended 24 October 2019 section 17(2) Statutes Amendment Act 2019 Section 50(1)﻿(d) amended 24 October 2019 section 17(2) Statutes Amendment Act 2019 Section 50(2) replaced 24 October 2019 section 17(3) Statutes Amendment Act 2019
51: Further provisions as to Council and its board in Schedule 1
Schedule 1 Reporting by Registration Authority and Council
52: Registration Authority to provide annual performance report to Council
1: The Registration Authority must, no later than 31 March each year, give to the Council a report on the operations of the Registration Authority and the register during the 12 months ending on the preceding 31 December.
2: The report must include the following information:
a: the number of chartered professional engineers at the end of the 12-month period; and
b: the number of persons whom the Registration Authority registered and the number of persons whom the Registration Authority declined to register during the 12-month period; and
c: the number of persons whose registration was removed, suspended, or placed in abeyance during the 12-month period; and
d: the number of persons against whom the Registration Authority made a disciplinary order during the 12-month period; and
e: the amount of the charge or charges payable in relation to registration or the issue of a registration certificate during the 12-month period; and
f: any other information that the Council reasonably requires.
53: Council to provide annual performance reports on Registration Authority to Minister
1: The Council must, as soon as practicable after a report is provided to it under section 52
2: The Council's report must include an assessment of the Registration Authority's performance and exercise of its functions and powers under this Act during that 12-month period.
54: Obligation for Council to prepare own annual report
1: The Council must prepare an annual report on its operations for each financial year as soon as practicable after the end of that financial year.
2: The report must contain the following information and reports in respect of the financial year to which it relates:
a: a report on its operations, including the information that is necessary to enable an informed assessment to be made of the Council's performance and exercise of its functions and powers under this Act during the financial year; and
b: section 55
c: the auditor's report in accordance with section 56
3: The annual report must be dated and signed on behalf of the Council's board by 2 members. Section 54(2)﻿(b) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
55: Financial
1: The Council must ensure that, within 3 months after the end of the financial year, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Council and that financial year; and
b: dated and signed on behalf of the Council by 2 members of the Council.
2: The financial statements must contain, in relation to each financial statement, budgeted figures for the financial year.
2A: In this Act,— financial statements section 6 generally accepted accounting practice section 8
3: The statement of responsibility for the financial statements must—
a: contain a statement of the board's responsibility for the preparation of the
b: contain a statement of the board's responsibility for establishing and maintaining a system of internal control that is designed to provide reasonable assurance as to the integrity and reliability of financial reporting. Section 55 heading amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(1) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(2) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(2A) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 55(3)﻿(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
56: Audit
1: The Council must, within 3 months section 54(2)﻿(a) and (b)
2: The Auditor-General must audit those documents, and provide an audit report on them to the Council, within 30 days after receiving them. Section 56(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
57: Obligation for Council to provide own annual report to Minister
The Council must provide the annual report to the Minister as soon as practicable after receiving the audit report.
58: Council to publish reports
As soon as practicable after giving a report to the Minister under section 53 57 Section 58 replaced 24 October 2019 section 18 Statutes Amendment Act 2019
59: Annual reports to be presented to House of Representatives
The Minister must present a copy of each report given to him or her under sections 53 57
60: Power of Minister to require information relating to affairs of Council
1: The Council must supply to the Minister any information relating to the affairs of the Council that the Minister requests.
2: However, a request may be refused if—
a: withholding the information is necessary to protect the privacy of any person (whether or not a natural person or a deceased natural person) and there would, under the Official Information Act 1982
i: the request had been made under section 12
ii: section 9(2)﻿(a)
iii: the need to protect the privacy of any person is not outweighed by the Minister's need to have the information in order to discharge the Minister's ministerial duties; or
b: the information relates to a particular matter in respect of which the Council or any person appointed or employed by the Council is required to act judicially.
61: Financial year of Council
The financial year of the Council ends on 30 June or on any other date determined by the Minister.
4: Miscellaneous provisions
Miscellaneous
62: Certificate of Registration Authority or Council to be conclusive evidence
1: A certificate as to any of the following matters given in writing by any person authorised by the Registration Authority in writing to provide such certificates is conclusive evidence of that matter, in the absence of proof to the contrary:
a: as to whether or not a person is registered at any time:
b: as to whether or not a person holds a current registration certificate at any time:
c: as to any entry in the register:
d: as to any act or proceeding of the Registration Authority or of any committee of the Registration Authority.
2: A certificate given in writing by a member of the Council as to any act or proceeding of the Council or of any committee of the Council is conclusive evidence of that matter, in the absence of proof to the contrary.
63: Payment and application of charges, fines, and other money
1: All charges, fines, and other money payable by a person under this Act (other than the levy payable under section 64
a: are payable to the Registration Authority:
b: are recoverable as a debt due to the Registration Authority from that person, whether or not he or she remains a chartered professional engineer:
c: may be applied by the Registration Authority as it considers appropriate in the performance of its functions and duties and the exercise of its powers under this Act.
2: For the purposes of this section, fine
64: Annual levy to be paid by Registration Authority to Council
1: The Registration Authority must pay to the Council, in each financial year to which the regulations apply, a levy of the amount stated in, or calculated in accordance with, regulations made under section 65
2: The Minister must, before recommending the making of regulations,—
a: consult with the Registration Authority and the Council; and
b: calculate the amount of levy to be paid so as to ensure that the estimated costs of performing those functions may be met out of the levy.
3: The regulations may specify the financial year or part financial year to which the levy applies, and the regulations may apply the levy to that financial year or part financial year and each subsequent financial year until revoked or replaced.
4: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Council.
65: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister given after consultation with the Council, make regulations for all or any of the following purposes:
a: providing for the levy under section 64
b: prescribing rules for the conduct of appeals under this Act by the Council:
c: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 65(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional and consequential provisions—Outline
66: Outline of transitional and consequential provisions
1: The general scheme and effect of the transitional and consequential provisions is as follows:
a: the Council is established on 1 July 2002 (the commencement date
b: during the period on and from the commencement date until 31 December 2002 (the establishment period
c: during the establishment period, registrations of registered engineers under the Engineers Registration Act 1924 continue, but at the end of that period they must cease and registrations of chartered professional engineers may start:
d: for the period on and from the commencement date until 31 December 2003 (the transitional period
e: at the end of the transitional period, the title of registered engineer ceases, and other consequential amendments and repeals are made.
2: This section is a guide only to the general scheme and effect of these provisions. Transitional and consequential provisions relating to establishment of Council
67: Members of Engineers Registration Board to be members of Council on commencement date
1: The persons holding office, immediately before the commencement date, as members of the Engineers Registration Board are to be treated as if they were also appointed on the commencement date as members of the Council.
2: A member holds office under subsection (1) until—
a: a member is appointed under Schedule 1
b: the person resigns as a member under Schedule 1
c: the person is removed from office under Schedule 1
d: in any other case, the date on which the Engineers Registration Board is dissolved under section 74
68: Engineers Registration Board to pay start-up amount to Council
The Engineers Registration Board must pay to the Council an amount of $65,000 as soon as practicable after the commencement date.
69: Related amendments to other Acts
Amendment(s) incorporated in the Act(s). Transitional and consequential provisions relating to establishment of register of chartered professional engineers
70: Rules must be made and provided to Council before 1 November 2002
The Registration Authority must, in accordance with Part 3 section 40(2) section 41
71: Registration Authority not to register persons for 6-month establishment period
Despite the rest of this Act, the Registration Authority must not register any person under the rules or issue any registration certificate (but may take all other preliminary steps) until the end of the establishment period.
72: Related amendment to Privacy Act 1993 at end of establishment period
Amendment(s) incorporated in the Act(s) Transitional and consequential provisions relating to ending of title of registered engineer
73: Engineers Registration Board to cease new registrations from end of establishment period
On and from the end of the establishment period, the Engineers Registration Board must not register any person as an engineer under the Engineers Registration Act 1924.
74: Dissolution of Engineers Registration Board at end of transitional period
On the end of the transitional period,—
a: the Engineers Registration Board is dissolved; and
b: all property of any nature belonging to the Engineers Registration Board is vested in the Council, subject to all liabilities, charges, obligations, or trusts affecting the property; and
c: all money payable to the Engineers Registration Board is payable to the Council; and
d: all liabilities and obligations of any nature (other than under contracts of employment), and all rights and authorities of any nature, of the Engineers Registration Board are the liabilities, obligations, rights, and authorities of the Council.
75: Repeal of Engineers Registration Act 1924 at end of transitional period
1: On the end of the transitional period, the Engineers Registration Act 1924 (1924 No 16) is repealed.
2: On the end of the transitional period, the Engineers Registration Regulations 1999 (SR 1999/129) are revoked.
(3), (4): Amendment(s) incorporated in the Act(s).
5: Despite subsection (1), the Engineers Registration Act 1924 continues to apply in respect of any court action commenced under it before it is repealed under this section.
76: Other enactments amended at end of transitional period
On the end of the transitional period, the enactments specified in Schedule 2
77: Prohibition on use of title of registered engineer from end of transitional period
1: On and from the end of the transitional period, no person may use in connection with his or her business, trade, employment, calling, or profession—
a: the title registered engineer
b: any written words, titles, initials, or abbreviations of words, titles, or initials that are intended to cause, or that may reasonably cause, any other person to believe that he or she is registered under the Engineers Registration Act 1924
2: A person who contravenes subsection (1) commits an offence, and is liable on Section 77(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011