Appeal Ruling #74: 1 December 2023

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The Appellant in Appeal 06/23 sought a stay of the Competency Assessment Board’s  (“CAB”) decision to decline registration pending a decision on Appeal 06/23. The Panel considered whether section 36 of the Chartered Professional Engineers of New Zealand Act 2002 empowered CPEC to order a stay of the CAB’s decision pending the outcome of the Appeal. The Panel decided it is empowered to order a stay.

 

The Panel also considered the decision making framework for considering an application for a stay. After applying the framework to the application for a stay, the Panel declined to order the stay.