Reay Hearing: Opening Statement

"Tēnā koutou, good morning everyone and welcome to the hearing.

This is a disciplinary hearing of the Institution of Professional Engineers New Zealand, also known as Engineering New Zealand. The hearing is held under the rules of the institution to determine a complaint made by the Ministry of Building, Innovation and Employment about the professional conduct of Dr Alan Reay.

My name is Andrew McMenamin and I am the chair of this disciplinary committee.

I'll start with a karakia:

Tūtawa mai i runga

Tūtawa mai i raro

Tūtawa mai i roto

Tūtawa mai i waho

Kia tau ai te mauri tū

Te mauri ora ki te katoa

Hāumi e, hui e, taiki e!

At 12.51 pm on the 22nd of February 2011, a severe earthquake struck Christchurch. Tragically, that earthquake triggered the collapse of the CTV Building on the corner of Cashel and Madras Streets, killing 115 people. We do have members of the CTV Families’ group with us today, and I want to acknowledge their presence in particular.

In acknowledgement of that tragedy, I would ask you all to join the Committee in a minute’s silence to reflect and remember those who lost their lives that day, and those whose lives were changed forever.

Thank you everyone.

The complaint before this Disciplinary Committee is as follows:

Dr Reay’s company provided the structural design for the CTV building, which collapsed in the February 2011 Canterbury earthquake, killing 115 people. The Canterbury Earthquakes Royal Commission found that the structural design of the building was seriously deficient in multiple ways. The employee engaged by Dr Reay to perform the design work (Mr David Harding) lacked the necessary experience to design buildings of this type. Dr Reay knew this, but failed to adequately supervise Mr Harding.

The committee seated beside me has been appointed by Engineering New Zealand’s Governing Board. Our role is to determine the complaint in accordance with the IPENZ Rules 2010, the IPENZ Disciplinary Regulations 2012, and the Code of Ethical Conduct 1986.

Before I ask the other members of the Committee to introduce themselves, I want to touch on our role. This is a professional disciplinary hearing to test whether Dr Reay adhered to the professional conduct expected of him at the time the CTV Building was designed. As a professional disciplinary committee, our role is to decide if the complaint should be upheld or dismissed. We do this using an inquisitorial approach.

How does this relate to this hearing? The CTV Building was constructed in 1986 and the complaint before us relates to the standard of engineering practice in the 1980s. Over the next few days you will hear us attempt to understand what were the expected professional standard at the time and – based on those standards – whether Dr Reay failed to adequately supervise Mr Harding.

The hearing is scheduled to conclude on Wednesday, and we will then deliberate in private before releasing our decision. We’re all aware that it has taken a long time for this complaint to move through our disciplinary process and arrive at a point where it can be assessed. It is critical for everyone to get a fair hearing and that we consider all the evidence and submissions and provided to us. As a result, it may take some time before our findings are released.

I’ll now ask the members of the committee to introduce themselves, then the committee's supporting counsel and finally Dr Reay's legal representatives. 

Thank you.

I note that the complainant, MBIE, has an observer present but will not take an active role in our proceedings; and I acknowledge the presence of Dr Richard Templer, the chief executive of Engineering New Zealand and other members of his staff who are here to support the hearing.

I also welcome the public and members of the engineering profession who are here today. We are aware that there is significant public interest in this complaint. I would like to remind everyone that only parties to the hearing and those who have been invited to speak may do so.

Members of the media are present and have been given permission to make video of the opening and closing, and all may make audio recordings of the proceedings. Engineering New Zealand is recording the hearing to assist with making its decision, and that recording will be made available to the parties to this hearing. Dr Maan Alkaisi, the CTV Families’ Group Representative, will be attending via video link, but otherwise everyone attending the hearing will be in this room.

Our agenda today is as follows:

• Firstly, we will hear a recorded statement on behalf of the CTV Families' group.
• Next, Dr Wayne Stewart, who chaired Engineering New Zealand's investigating committee will present that committee's report. Then there will be questioning on behalf of Dr Reay and by the committee members.
• We will then adjourn the hearing for the day.

Tomorrow from 9.00am, we will hear an expert witness for the committee, and Dr Reay’s response to the complaint. On Wednesday from 12.00 we will hear Dr Reay’s responses to questions from the committee and closing statements.

At the moment our break times today are tentatively 10.30 – 10.45am, 12.15 – 1pm and 2.45 – 3pm.

I would like to now request that all cameras be turned off. Media may continue to make audio recordings."