Law in New Zealand (for Engineers)

What is law?

A set of enforceable rules created by legitimate authority to regulate behaviour in society

Why must engineers understand law?

To ensure compliance, protect the public, manage contracts, avoid negligence, and uphold ethical and professional obligations

What are the two main branches of law in New Zealand>

1. Public law - regulates relationships between individuals and the state (e.g criminal, constitutional, administrative).

   1. Private law - regulates relationships between individuals or organisations (e.g contract, tort, property)

What are the three main sources of NZ law?

1. Statute law (Acts of Parliament)

2. Common law (judge-made precedent)

   1. Regulations / delegated legislation (rules made under Acts).

Who creates NZ law?

Parliament (through bills that pass three readings and recieve Royal Assent). Courts interpret and apply those laws

What is the role of the courts

To interpret statutes, apply precedents, and ensure justice though impartial decisions

What are the main NZ court levels?

District Court → High Court → Court of Appeal → Supreme Court

What is a contract?

A legally binding agreement between two or more parties creating obligations enforceable by law

What are the essential elements of a valid contract?

• Offer

• Acceptance

• Consideration

• Intention to create legal relations

• Capacity of parties

• Genuine consent

• Legality of purpose

What happens if one party breaches a contract?

The other may seek remedies such as damages, specific performance, or cancellation

What does consideration mean in a contract?

Something of value exchanged between the parties (payment for a service)

What is privity of contract

Only parties to a contract can enforce or be bound by it

What is negligence?

Failure to take reasonable care where a duty exists, causimg loss or harm to another

What case established the modern law of negligence

Donoghue v Stevenson (1932) - the snail in the bottle case

What are the four key elements of negligence

1. Duty of care owed

2. Breach of that duty

3. Damage caused by the breach

4. The damage was reasonably foreseeable

How is dury of care relevant to engineers?

Engineers ower a duty to clients, colleagues, and the public to act with skill, dilligence, and care - failure may result in liability for damages

Give an example of engineering negligence

Failing to check a bridge design’s load capacity leading to structural failure and injury

What is vicarious liability

When an employer is held liable for the negligent acts of an employee done in the course of employment

What Act regulates professional engineers in NZ

Chartered Professional Engineers of New Zealand Act 2002

What are the professional duties of a CPEng engineer

Competence, integrity, public safety, and compliance with laws and the Engineering New Zealand Code of Ethics

What does the Engineering NZ Xode of Ethics require?

Engineers must prioritise public safety, act competently, respect others, and maintain sustainable, responsible practices

What is tort law?

Civil wrongs (like negligence or nuisance) that cuase harm or loss, independent of contract

What is criminal law

Law defining offences against the state; aims to punish wrongdoing (e.g. fraud, bribery, corruption)

What is statutory liability insurance for engineers?

Covers legal costs and fines for unintentional breaches of statutes such as the Health and Safety at Work Act 2015

Why is legal literacy essential for engineers in management roles?

To manage contracts, mitigate risk, protect IP, ensure compliance, and lead ethically within NZ’s legal framework