Appeal Ruling #45: 13 December 2016


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Appeal Description

The Chartered Professional Engineers Council received two notices of appeal relating to the findings of the Disciplinary Committee (DC).

While the parties are appealing differing aspects of the DC's decision, the Council handled them contemporaneously.

The first appeal by Mr A was on the penalty imposed in the decision of the DC.

The second appeal (cross appeal) by Mr B was against the decision of the DC, that he had breached the code of ethics as a Chartered Professional Engineer. 

Appeal Finding

The panel declined the first appeal. It found no reason to change the Orders of the DC with respect to the fine.

The panel upheld the second appeal. Whilst there are grounds for discipline under section 21(1)(c) of the Act, there are no grounds for disciplining Mr B under section 21(1)(b) of the Act.