Change is on the way…
The Ministry of Business, Innovation and Enterprise (MBIE) are proposing legislation to regulate the engineering profession. If this comes as a surprise, then read on!
This stems from the inability of the Government or Engineering New Zealand to hold any individuals to account over the CTV Building disaster during the Canterbury earthquakes of 2010 and 2011, using the CPEng Act. As well as replacing the CPEng Act, this will encompass the entire engineering profession.
Consultation process
Initial consultation has taken place, and the process through select committees and further consultation will likely see it passed into law in mid-2023. Currently it has cross party support.
“Engineering is a highly skilled profession and our regulations need to reflect this,” says Amy Moorhead, Manager Building Policy, MBIE. “We want to ensure that all practising engineers are highly trained, skilled and experienced in the work they do and that they are able to be held to account.”
“The bill will require all engineers to be registered, and for those in higher-risk disciplines to be licensed in order to practise. While a large number of engineers are highly professional, there are too many that are practising with no checks on their professionalism or competence and there are few means to hold them to account if their standards slip.”
A two-tiered scheme
The scheme will comprise two tiers: registration and licencing. In order to be registered under the new regime, engineers will need to have a minimum qualification (likely to be a Washington Accord BE(Hons) or demonstrated equivalence) and be subject to a code of ethics and continuing professional development requirements.
To be licensed for higher-risk work (such as structures, elevated platforms and vehicles), engineers will need to meet stricter competency criteria and reapply for their licence to be renewed periodically. This will ensure that only competent practitioners with relevant expertise and appropriate skills could provide certain engineering services. That’s similar to CPEng but an engineer will need to declare their area of competency. So no more getting geotechnical engineers to sign off building structures.
Q&A
How will ‘engineering’ be defined?
MBIE’s working definition is ‘Any act of planning, designing, composing, evaluating, advising, reporting, directing, supervising, or managing that requires the application of engineering principles and judgement and concerns the safeguarding of life, health, property, economic interest, the public welfare or the environment.’ This definition will be further refined as legislation is drafted.
If a New Zealand company is using offshore engineering design services for work performed in New Zealand, will they be exempt? No. All engineers working on New Zealand projects will need to be registered. Further details on this process are pending, including a possible temporary registration provision.
Will engineers have a protected title?
Yes. The suggested title is ‘registered engineer’, but this hasn’t been confirmed yet. A title of ‘licensed engineer’ is also expected to be introduced. Misuse of the protected titles (“masquerading as an engineer”) will be an offence and is expected to carry a fine in the order of $150,000.
What’s the difference between licensing and registration?
Registration is to ensure all engineers are part of a system that upholds standards and continuous learning. Licensing is to ensure specific competency, particularly in areas that pose greater risk to public safety. All practising engineers will need to be registered but only engineers working in high-risk areas, identified in regulations, will need to be licensed.
How will the sign-off of PS1, PS2 and PS4s work under the new system?
Producer statements are not embedded in legislation or regulation. Currently New Zealand’s consenting system is under review. If producer statements continue to be used in the future, MBIE will work with Councils and government on who will sign these off. It may be that there are licensing classes tailored to the sign-off of engineering design and construction monitoring work.
Engineering is a rapidly evolving discipline. Historically, large occupational registration services are slow to move. How will the roles keep up with what is actually required in the real world? The new system is intended to be flexible, with the framework being set by the Act and the detail to follow in regulations and rules. Licensing, for example, would be established through regulations with the Registration Authority Board setting eligibility criteria through rules. Developing regulations and rules is faster than amending an Act but is still a robust process that allows for public consultation.
Stay tuned for further developments. Having already submitted in the first round of consultation, I’m on the mailing list for future rounds of consultation and announcements. In the meantime, you can be assured that all of Caliber’s engineering design team will meet the requirements to be registered as engineers.