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Cadastral Survey Act 2002 > Part 4 - Discipline > Flashcards

Part 4 - Discipline Flashcards

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1
Q
  1. Complaints of professional misconduct

The CSLB may receive complaints alleging that… (2)

A
  • a licensed cadastral surveyor has been guilty of professional misconduct
  • a licensed cadastral surveyor is not entitled to be licensed
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2
Q
  1. Complaints of professional misconduct

Any person may make a complaint including… (2)

A
  • any member of the CSLB

- any person in the service of the Crown acting in their official capacity

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3
Q
  1. Complaints of professional misconduct

On receipt of a complaint, the CSLB… (2)

A
  • must inform the licensed cadastral surveyor concerned of the complaint
  • may proceed to investigate the complaint
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4
Q
  1. Procedure if CSLB accepts a complaint

If the board accepts a complaint, the board must in the notice to the cadastral surveyor concerned… (3)

A
  • state that the board has reason to believe that 1 or more grounds exist entitling it to exercise its disciplinary powers
  • provide details that will clearly inform the cadastral surveyor of the grounds for the complaint
  • specify a date, being not less than 28 days after the notice, that the matter will be heard

(The notice may also require the cadastral surveyor to notify the board whether or not they intend to appear before the board)

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5
Q
  1. Hearing of complaint

In hearing a complaint against a licensed cadastral surveyor, the board… (2)

A
  • must observe the rules of natural justice

- may receive evidence even though it may not be admissable in a court of law

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6
Q
  1. Hearing of complaint

A member of the board must not act as a member of the board when hearing a complaint if the member… (3)

A
  • made the complaint
  • has a conflict of interest
  • is the surveyor general
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7
Q
  1. Hearing of a complaint
    - the hearing of a complaint is not open to the public unless the board otherwise directs
    - the boards decision on the hearing of the complaint is the decision of the majority of members present at the hearing

(no answer)

A

(no answer)

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8
Q
  1. Hearing of a complaint

Any order of the board made under section 39 must… (4)

A
  • be in writing
  • contain a statement of the reasons on which the order is based
  • contain a clear statement of the cadastral surveyor’s right to appeal and time within the notice of an appeal must be given
  • be signed by the chairperson
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9
Q
  1. Disciplinary powers of the board

This section applies if the board, after conducting a hearing, is satisfied that a licensed cadastral surveyor… (2)

A
  • has been convicted by any court in New Zealand of an offence against any of sections 217 to 281 of the Crimes Act 1961 (or similar provisions overseas)
  • has been guilty of professional misconduct
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10
Q
  1. Disciplinary powers of the board

If a surveyor has been found guilty of professional misconduct or convicted of an offence, the board may do 1 or more of the following… (3)

A
  • order that the cadastral surveyor’s license be cancelled and the name of the cadastral surveyor be removed from the register
  • order that the cadastral surveyor’s license, and his entitlement to obtain a renewal of the license, be suspended for a period not exceeding 3 years
  • order that the cadastral surveyor, for a period not exceeding 3 years, practice but only subject to any conditions (employment, supervision, training, education, or otherwise) that the board may specify
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11
Q
  1. Appeals from decisions of the board

This section applies to a person who is dissatisfied with the whole or any part of… (3)

A
  • any decision of the board relating to the an application by the person for a license
  • any decision by the board under section 35 (compaints of professional misconduct) or 36 (vexatious or trivial complaints) to decline or accept a complaint
  • any order of the board under section 39 (disciplinary powers of the board) relating to him or her
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12
Q
  1. Appeals from decisions of the board

What may a person do to appeal a decision of the board? (timeframe and appeal to who/where)

A
  • the person may, within 28 days after notice of the decision, appeal to the district court against the decision
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13
Q
  1. Appeals from decisions of the board

What must a court do with regard to an appeal a decision of the board? (timeframe and do what)

A
  • the court must, as soon as practicable, hear the appeal, and may confirm, reverse, modify the decision or may refer the matter back to the board
  • this section does not give the court power to review any part of the board’s decision other than the part being appealed
  • the court may order court costs to be paid by the board or the apellant
  • the decision by the district court on an appeal is final
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14
Q
  1. Suspensions and conditions must be entered in the register (2)
A
  • the board must enter in the register any suspension or condition of practice and the terms of the suspension or condition
  • the entry must be removed from the register on the expiry of the suspension
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15
Q
  1. Surrender of licenses (2)

What must a person do if their license is suspended/cancelled, time frame, and fine for failure to do so?

A
  • a person whose license is cancelled/suspended must deliver to the board the current license within 14 days
  • a person who fails to comply with this is liable for a fine not exceeding $1000
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16
Q
  1. Publication of orders

The Board may publish a notice stating the effect of the decision or order in the Gazette and any other publications as the Board thinks fit.

This section applies to… (2)

A
  • a decision or order made by the board in respect of a cadastral surveyor where no appeal has been brought against the decision
  • an order by any court in respect of any appeal by a licensed cadastral surveyor

Cadastral Survey Act 2002 (6 decks)

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