Code of Ethics

Within the Rules of the Institute there is a Code of Ethics to guide the professional behaviour of members.

                                                     LIST of NZIS Members at December 2006

Conduct of NZIS Members

When you engage a member of the New Zealand Institute of Surveyors (NZIS Inc.) to carry out surveying work, you are entitled to expect the work will be carried out to the highest possible standards. A paper:  (click here to view) on how to avoid problems between surveyors and clients was published in Survey Quarterly 28, Dec 2001.

Ethics

Every member of the NZIS Inc. is required to conduct themselves having regard to the highest ideals of professionalism, courtesy, personal integrity and public service.

 NZIS members engaged in Public Practice are required to use good business practices at all times and ensure their actions reflect only credit upon the surveying profession.  Good business practice includes:

Conditions of Engagement

Every engagement is required to be properly constituted and acknowledged, preferably in writing, prior to commencement.  The acknowledgement should contain the details of the instructions received, the date of the commencement, the basis of the payment of fees and any other matter that may be appropriate to the circumstances.  Any variation to the conditions as may be agreed to from time to time during the term of the engagement is to be confirmed in writing.

Communication

Clients are to be kept fully informed and advised on a regular basis concerning the progress of the engagement, of any action required of either the client or the client's other advisers, including any further instructions or variation of instructions which may be appropriate under the circumstances. 

Conflict of Interest

Members are not to accept or proceed with any engagement before fully declaring to the client the existence of any conflicting business or other interests which could be deemed to be prejudicial to the interest of the client. 

Fees

Fees may be charged on the basis of time plus materials plus disbursements or may be derived from lump sums or quotations or tenders as agreed with the client.  In all cases the fees charged are to be fair and equitable and should reflect the extent and the circumstances of the work. 

Completion of Unfinished Work

Members are not allowed to review or undertake to complete the work of a fellow member or a member of any other profession for the same client without the knowledge of the member and unless it has been ascertained that the connection of the member with the work has been properly terminated in writing and:

• All fees due to the member have been paid; or
• Arrangements, which are suitable to both parties, have been made to pay all fees;or
• Written notice has been received by the member from the client that the extent or the competence of the work or the fees are in dispute.

Complaints

 There are a number of courses of action which you can take, if you are dissatisfied with the work of a surveyor you have engaged.

Fees Disputes

If you feel the amount of fees you have been charged is unreasonable or excessive the first thing to do is to sit down and talk with the surveyor.  Often disagreements can be sorted out satisfactorily by a face to face discussion.  This avoids lengthy and expensive legal battles.

 If however, you still find you are unable to reach agreement one of the possible avenues for resolving the matter is through the Disputes Tribunal of the Department of Courts.

Disputes Tribunals are not like formal courts and are informal, inexpensive, quick and private.  There are no lawyers or judges.  Disputes are heard by a referee who has been carefully selected and trained.  A referee is someone who will either help you to come to your own solution or will determine your dispute.  Any ruling they make is binding and will, if necessary, be enforced by the Courts.The Tribunal will consider cases, if all the parties involved agree, of amounts up to $12,000.

For full details on how to bring your dispute to the Disputes Tribunal see  www.courts.govt.nz/tribunals/disputes_tribunals.html

Complaints about Unprofessional Conduct

Complaints relating to ethics and professional conduct of members of the Institute should be addressed to the National Office of the Institute.  The complaints are required to be in writing and be accompanied by any relevant supporting documents.

The complaint is referred to a special Complaints Sub-Committee of the NZIS Council for consideration.   Following the receipt of the complaint, the sub-committee will seek a written explanation from the member who is the subject of the complaint.  The member has 20 working days in which to lodge the explanation.  A preliminary investigation is then conducted by the Complaints Sub-Committee to determine whether the complaint has been substantiated. If the complaint is found to be substantive a recommendation may be made to Council that a formal  reprimand be issued or an enquiry held.  If the member is found, by the enquiry, to be guilty of malpractice or improper or unprofessional conduct, or is in the opinion of Council, guilty of a breach of any of the Membership Rules a range of penalties may be imposed including suspension of the member from privileges of membership or a fine not exceeding $2,000. 

Complaints about unprofessional conduct should be made to:

            The National Manager
            New Zealand Institute of Surveyors
            PO Box 831
            Wellington 
            Tel.04-471-1774
            Fax:04-471-1907
            Email: nzis@surveyors.org.nz

Complaints of Professional Misconduct by Licensed Cadastral Surveyor

Complaints about the professional misconduct of surveyors who are licensed with the Cadastral Surveyors Licensing Board of New Zealand should be made to the Cadastral Surveyors Licensing Board of New Zealand.  The Cadastral Surveyors Licensing Board is the government body responsible for the licensing of cadastral surveyors. 

The Board may receive complaints alleging:

• a licensed cadastral surveyor has been guilty of professional misconduct;
• a licensed cadastral surveyor is not entitled to be a licensed cadastral surveyor

Details of what constitutes professional misconduct are set out in Schedule 2 of the Cadastral Survey Act 2002 and include the following:

1. to have been negligent in the conduct of, or failure to conduct, any cadastral survey:

2. to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having personally carried out or directed the cadastral survey and the related field operations:

3. to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having carried out sufficient checks to ensure the accuracy of the entries in any field book and the accuracy of all calculations, working plans, and other cadastral survey records that may have been made by any person employed by him or her in relation to the cadastral survey:

4. to have certified to the accuracy of any cadastral survey carried out by the cadastral surveyor or under his or her personal direction if the operation of pegging and ground marking, and all other requirements of the cadastral survey, have not been carried out in accordance with standards set under Part 5:

5. to have certified to the accuracy of any cadastral survey or cadastral survey dataset, knowing it to be defective:

6. to have made any entry in any field book or other record that purports to have been derived from actual observation or measurement in the field, if in fact it has not been so derived:

7. to have supplied to the Surveyor-General any erroneous information in relation to any cadastral survey, cadastral survey mark, or boundary, knowing the information to be erroneous in any material particular:

  Complaints about professional misconduct should be addressed to:

The Secretary
Cadastral Surveyors Licensing Board of New Zealand
P O Box 12241
Wellington 

Tel: 04 473 2020

Fax: 04 474 8933
email: secretary@cslb.org.nz

Website: www.cslb.org.nz