The Code of Ethics and Professional Conduct is issued under the provisions of clause 23 of the Constitution of the New Zealand Computer Society Incorporated and is binding on all members of the Society.

The Code of Ethics and Professional Conduct is issued under the provisions of clause 23 of the Constitution of the New Zealand Computer Society Incorporated and is binding on all members in all grades of the Society, including the Society itself.

The respect which society accords the technology professions is earned and maintained by its members demonstrating a strong and consistent commitment to ethical values. These commitments are additional to the obligations, which every member of society is required to observe, such as obeying the law, and reflect the additional responsibility expected of all professionals.

Therefore the Society must maintain an appropriate Code of Ethics, to publish it for the information of the public and to enforce it impartially. This Code must be responsive to the changing expectations of both the public and the profession and the global standards to which the New Zealand Computer Society subscribes. 

This code is based upon the principles of:

• Interests of the community
• Respect for the individual
• Interests of the client

and supported by the values of:

• Competence
• Truth
• Social justice and
• Ethical behaviour

Eight ethical tenets form the basis of the Code to guide members in achieving the high ideals of professional life. To assist in the interpretation of the Code, guidelines are set out below to support these tenets.

1. Members' responsibility for the welfare and rights of the community shall come before their responsibility to their profession, sectional or private interests or to other members;
2. Members shall act in the execution of their profession with integrity, dignity and honour to merit the trust of the community and the profession, and apply honesty, skill, judgement and initiative to contribute positively to the well-being of society;
3. Members shall treat people with dignity, good faith and equity; without discrimination; and have consideration for the values and cultural sensitivities of all groups within the community affected by their work;
4. Members shall follow recognised professional practice, and provide services and advice carefully and diligently only within their areas of competence;
5. Members shall develop their knowledge, skills and expertise continuously through their careers, contribute to the collective wisdom of the profession, and actively encourage their associates to do likewise;
6. Members shall apply their skills and knowledge in the interests of their clients or employers for whom they will act without compromising any other of these tenets;
7. Members shall take reasonable steps to inform themselves, their clients or employers of the economic, social, environmental or legal consequences which may arise from their actions; and
8. Members shall inform their clients or employers of any interest which may be, or may be perceived as being, in conflict with the interests of their clients or employers, or which may affect the quality of service or impartial judgement;

The tenets of the Code of Ethics have been written in broad terms. This section explains the philosophy of the Code. It should not be taken as part of the Code. It is neither inclusive nor exhaustive. A breach of the Code of Ethics occurs when a member is judged in the particular circumstances of the matter in question. An ethical dilemma occurs when one tenet of the Code cannot be honoured without apparent breach of another.

The Community

"Community", in the context of the Code, refers to all groups in society including members' own workplaces. The first three tenets of the Code refer to the Community and may be considered to include:

• Acting and working in a way such that the health, safety and well-being of employees and colleagues are not endangered;
• Ensuring that work undertaken meets community expectations by adopting the norms of recognised professional practice; or communicating any attendant risks or limitations, and their effect, in any work undertaken which does not accord with convention;
• Being vigilant in 'duty of care' toward members of the community;
• Communicating the results of work undertaken in a clear and unambiguous way;
• Raising real or perceived conflicts of interest, or issues which may not be in the community interest, at an early stage of involvement;
• Commitment to the principles of sustainable development of the planet’s resources and seeking to minimise adverse environmental impacts of their work or applications of technology for both present and future generations;
• Not being involved in any activity which is known to be fraudulent, dishonest or not in the interests of the community (as described); and
• Not accepting reward or compensation from any more than one party, without the clear understanding and acceptance of all parties.

In summary, these tenets of the Code require members to be mindful of more than their technical and professional responsibilities and their immediate employer or client. Many of the requirements demand no more than sound management practices such as Occupational Health and Safety Plans and care of colleagues and staff. The Code goes further in its obligation for members to be aware of the consequences of all of their actions in the practice of their professions. The essence of "professionalism" is in remaining aware of these obligations and in making sound and informed decisions when faced with any conflict of responsibilities which may, and likely will, arise.

Qualifications and Competence

Qualifications denote the foundation of knowledge that a member has achieved through formal education, experience, post graduate learning or a combination from all of these sources.
 
Competence is demonstrated by application of knowledge and skills to provide service, advice or opinion to clients or employers.

The tenets of the Code which relate to these themes may be considered to include an expectation of members to:

• not misrepresent the qualifications and competences of themselves or those in their employ or under their supervision;
• not undertake any assignment which is outside their competence; and if requested to do so, to bring to their client's or employer's attention to the need to access further expertise;
• seek expert assistance on encountering any professional issue or problem outside the range of experience or competence;
• not expect their employees to undertake work for which the employees have little or no demonstrated competence, other than in a supervised capacity; and
• keep themselves competent and informed by continuous professional development.

By carefully limiting the professional work undertaken within the limits of their qualifications and competence, members protect the interests of the community, clients, employers and themselves.

A mistake or error of judgement that a member might make within the limits of competence and qualification, even though it may be judged as negligence, will not be considered as unethical behaviour.

Clients and Employers

Members have a duty to provide loyal and competent service to their clients and employers. "Loyalty" implies looking out for their interests, giving fearless advice, providing strict confidentiality.

A client is the recipient of professional service, advice or opinion. Members are encouraged to be always mindful of the question "who is the client?" In some circumstances it may also be the employer. An employee of a private company has dual duties to employer and client. A professor employed by a University has students as clients. When a member is serving both an employer and a client, there is potential for competing and conflicting interests.

The tenets of the Code which relate to these themes include an expectation of members to:

• not disclose or use any confidential information gained in the course of their employment without permission, unless disclosure is a legal requirement or withholding the information would be to the detriment of the community;
• be truthful, factual and free from exaggeration in advertising or promoting their services to potential clients, either by advertisement or direct approach;
• keep clients and employers informed of any known or potential conflict of interest;
• not accept payment for particular service or information from more than one source without disclosure to all parties, unless it is apparent that the service or information is intended for multiple use;
• not undertake assignments under conditions which may compromise their ability to satisfy client or employer needs in a professional manner;
• advise clients and employers of the level of risk, or any possible adverse consequences, of any instruction given which is outside the norms of conventional practice;
• not attempt to supplant others who are already engaged by a client; nor to damage in any way the reputation of competitors by way of comparison or denigration;
• when acting as an expert witness to a court or tribunal, be mindful of their primary obligation as an expert witness to the court or the hearing, and not to the engaging party.

Ethical Dilemmas

In any professional career, ethical challenges or dilemmas will arise. Teachers may be caught between the demands of their employers and the needs of their students; employees may be caught between the performance targets of their employers and the expectations of their clients; consultants may be caught between the expectations of their clients and the interests of the community; public service professionals may be caught between the directives of superiors and the well being of staff.

Resolution of ethical dilemmas is ultimately a matter of personal responsibility, taking into account the principles which lie behind the tenets of the Code. Members of the Society are encouraged to share their ethical dilemmas with a trusted colleague, or to seek counsel from the Society’s National Council.

The role of the New Zealand Computer Society is:

• to provide rigorous and fair processes for dealing with complaints and charges made against members; and
• to provide counsel and support to members confronting ethical dilemmas or any other difficulties in relation to their own or others' ethical behaviour.

All alleged breaches of the Code of Ethics will be referred to the NZCS Council for investigation as outlined in Schedule 4 of the NZCS Bylaws, supported by Clause 9 of the NZCS Constitution.

The processes undertaken in the consideration of complaints or the resolution of disputes will be in strict accord with Rules determined by the New Zealand Computer Society’s National Council. The rules of natural justice will be paramount in all processes. The rules of natural justice include the right for a respondent to know the details of a complaint and the supporting evidence; the right to provide evidence in defence; and the right for an unbiased determination made by those who hear all the evidence.