David Harding was a member of IPENZ when he was involved in the design and construction of the CTV building in 1986 which collapsed in the earthquake on 22 February 2011. People lodged complaints with IPENZ about Mr Harding. Mr Harding resigned from IPENZ on 25 June 2014 before the hearing of the complaints took place on 14 August 2014. At the IPENZ hearing Mr Harding argued that because he was no longer a member of IPENZ he could not be subject to the disciplinary process. IPENZ disagreed and continued with the process. Mr Harding then asked the High Court to judicially review the IPENZ position. By a judgment 17 September 2014 Harding v IPENZ [2014] NZHC 2251 the High Court (Mander J) dismissed Mr Harding’s application and essentially decided that a member could not avoid discipline for acts done when he/she was a member of IPENZ by resigning before the disciplinary process.
Auckland
PO Box 137243,
Parnell, 1052
Tel: +64 27 434 5489
grant@grantshand.co.nz