Settlement by Agreement [Reference s.22A-6]

In October 2016, the Board considered a report by an independent investigator who had been appointed by the Board to conduct a preliminary investigation into a complaint lodged against a licensed surveyor by a member of the public.

The complaint alleged failure by the licensed surveyor to mark some of the lot boundaries on the subject site, in breach of Regulation 9(1) Surveying (Cadastral Surveys) Regulations 2015. The Board considered this to be a professional conduct matter that must be addressed and identified that there is scope under the provisions of s.22A of the Surveying Act 2004 to arrange to settle the matter by agreement between the licensed surveyor and the Board.

Subsequent to acceptance by the licensed surveyor of the opportunity to settle the matter by agreement with the Board, an agreement was executed on 3 February 2017 to the effect that the licensed surveyor agreed to:

alter the way in which he practises as a licensed surveyor by ensuring compliance with the Surveying (Cadastral Surveys) Regulations 2015; and
undertake Further Professional Education or Training in relation to the marking of cadastral boundaries.

Further, the licensed surveyor undertook to comply with the terms of the agreement and acknowledged that breach of the undertaking may result in the Board taking any action that is necessary to implement the agreement or instituting a formal hearing into his professional conduct in accordance with s.22A(3) of the Surveying Act 2004.