#313 Summary - Breach of Section 12 Professional Incompetence of the Surveying & Spatial Information Act 2002
A member of the public lodged a complaint with BOSSI after a Registered Land Surveyor (RLS) made amendments to a registered deposited plan without their consent. The amendments to the “Plan of Easements” altered a previously created “Right of Access”, burdening the complainants’ land and benefiting the adjoining lot owners, who were the client of the RLS.
The Board found that the RLS exhibited a lack of knowledge and judgement befitting of a registered land surveyor in applying to have a registered plan amended without seeking the consent of the affected landowners and that they had a duty of care to the owners of the adjoining land in ensuring that they were made aware of the implications of the Right of Access on their property.
The Board investigation determined that:
- The RLS displayed a lack of knowledge, and skills required by not considering the validity and implications such changes would assert on the registered proprietors of the affected land.
- The RLS failed to adhere to the applicable standard of care.
- The RLS displayed a standard of competence below the expectations of the Board and these actions of the RLS have reduced, or are likely to reduce, public confidence in registered surveyors.
As a result of the investigation the Board determined the surveyor was guilty of professional incompetence with the following disciplinary action put in place:
- Under Section 12(1)(a) of the Act, the surveyor was required to attend a disciplinary meeting with the President of the Board, in the presence of one other Board member.
- Under Section 12(1)(a) of the of the Act, the surveyor must undertake an approved ethics course, following which they must submit a report to BOSSI reflecting on their actions and the importance of ethics in surveying.
