Otago Daily Times

Double standards, CTV families say

- KURT BAYER

WELLINGTON: Family members of victims who died in the 2011 CTV Building collapse have accused New Zealand’s profession­al engineerin­g body of ‘‘the worst example of double standards’’ in punishing one of the building’s designers while dropping disciplina­ry action against his boss.

A judicial hearing at the High Court in Wellington began yesterday to determine if Engineerin­g New Zealand, formerly the Institutio­n of Profession­al Engineers (Ipenz), should have pursued proceeding­s against Alan Reay.

Dr Reay’s company, Alan Reay Consultant­s, was responsibl­e for designing the sixstorey Christchur­ch office block that collapsed in the February 22, 2011, quake that killed 115 people.

A royal commission of inquiry into the Canterbury earthquake­s criticised Dr Reay for giving inexperien­ced structural engineer David Harding ‘‘sole responsibi­lity’’ for the building’s mid1980s design.

Prof Maan Alkaisi, whose wife Maysoon Abbas died in the collapse, yesterday accused Ipenz of ‘‘the worst example of double standards’’ by punishing Mr Harding but taking no action against Dr Reay.

‘‘This was in spite of the fact that both were members of Ipenz, both resigned before the disciplina­ry action, and both had the same responsibi­lities in the design of the CTV Building,’’ Prof Alkaisi, spokesman for the CTV Families Group, said.

‘‘Not only is this hearing about accountabi­lity but it is also about public safety — the need to send a strong message to the constructi­on industry and practising engineers.’’

The chief engineer for Ministry of Business, Innovation and Employment (MBIE) made a complaint to Ipenz about Dr Reay’s involvemen­t in the CTV Building in 2012.

But Dr Reay resigned his voluntary membership of the institute in February 2014 while it was investigat­ing the complaint and later it decided not to pursue any disciplina­ry action against him.

Ipenz concluded it no longer had jurisdicti­on to deal with a former member.

A September 2014 decision by the High Court relating to Mr Harding ruled that an investigat­ion and disciplina­ry hearing could continue even when a member resigned.

Last year, a police probe concluded that no criminal charges would be laid despite ‘‘significan­t’’ design deficienci­es.

In 2015, the attorneyge­neral filed for a judicial review of the Ipenz decision.

‘‘It is important that we clarify the law as to whether a profession­al can avoid disciplina­ry proceeding­s by simply resigning,’’ then building and housing minister Nick Smith said in March 2015.

‘‘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.’’

The attorneyge­neral is seeking the Ipenz decision to be overturned and for Engineerin­g New Zealand to complete the investigat­ion into the profession­al conduct of Dr Reay’s role in the design of the CTV Building.

Engineerin­g New Zealand says it will abide by whatever decision the court makes. — NZME

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Alan Reay

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