Decision to drop investigation into CTV engineer to be reviewed

Saturday, 17 November 2018

The decision by a professional body to drop an investigation into an engineer whose firm designed the Canterbury Television (CTV) building is set to be legally reviewed.

The CTV building collapsed in the February 2011 earthquake, killing 115 people.

A royal commission found fault by Alan Reay, the principal of the company that designed the building, and David Harding, the engineer who carried out the work. A police investigation ended last year with no charges laid.

The tragedy has been subject to several other inquiries. Engineering body Ipenz had been considering a complaint against Reay and was moving to take it forward when he resigned his membership of the group in February 2014.

After taking legal advice Ipenz dropped the matter that May, citing lack of jurisdiction.

The case was resurrected in 2015 when the attorney-general filed for a judicial review of the decision by Ipenz, now known as Engineering New Zealand, arguing that its investigating committee appointed to consider the Reay complaint had misinterpreted the organisation's rules.

READ MORE:

*** Inquiry into Alan Reay dropped

* CTV building engineer Alan Reay still deeply anguished by collapse tragedy

* Police will not prosecute over CTV collapse

* CTV:115

* CTV building tragedy timeline: How a prosecution became no prosecution**

On Friday, Christchurch engineer Maan Alkaisi announced on behalf of the CTV Families Group that a three-day judicial review hearing between the attorney-general and Engineering New Zealand would begin on Monday.

'MBIE are taking this judicial review because they believe the decision to drop the investigation into Dr Alan Reay after he resigned from Ipenz was flawed,' he said.

'They want the decision overturned and Ipenz to complete the investigation into the professional conduct of Dr Reay's role in the design of the CTV building.'

Engineering New Zealand had been clear that it would abide by whatever decision the court made, Alkaisi said.

'The CTV Families Group endorses MBIE's view that it is important that the High Court address this, and test the mandate of a building sector professional body in disciplining one of their members, regardless if they have resigned.'