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Wojciech Klepacki v Institution of Professional Engineers New Zealand [2016] NZDC 26199

Published 21 March 2017

Appeal — Chartered Professional Engineers Council — Chartered Professional Engineers of New Zealand Act 2002, s 37(4) — Code of Ethical Conduct of Engineers, rr 45 & 48 — District Courts Rules, r 18.19. An appeal from a decision of the CPEC was dismissed regarding breaches of rr 45 and 48 and publication of parties' names but allowed in relation to the fine and costs. It was clear from the evidence that the appellant had made it known that geotechnical advice should be obtained in relation to the foundations of the client's cliff side property, however, a Chartered Professional Engineer must inform clients of the "consequences" of not accepting the advice to engage a geotechnical engineer (r 48). Due to the technical nature of the advice and the seriousness of the consequences, such advice was required to be in writing. The fine was reduced to $750 and costs to $10,000 to reflecting that the CPEC had allowed the appeal on s 45. Judgment Date: 22 December 2017.

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