"We want the decision overturned and IPENZ to complete the investigation into the professional conduct of Dr Reay's role in the design of the CTV building," he said.
The CTV building collapse was one of New Zealand's worst engineering failures.
"We owe it to the memory of those who lost their lives to hold those responsible to account for the building's flawed design, and to ensure every possible lesson is learnt by the engineering profession to minimise the future risk," Dr Smith said.
In September, the High Court overruled an appeal to block IPENZ disciplinary hearings for the other engineer - David Harding - involved in the CTV building design,
Lawyers for Mr Harding, who helped design the CTV office block in 1986, unsuccessfully argued IPENZ had no jurisdiction to take action over Mr Harding because he had resigned from the industry body in early July. He had been scheduled for two IPENZ' disciplinary hearings later that month.
Today's High Court application sought to set aside the decision by IPENZ to dismiss the original complaint made in 2012 which sparked the organisation's investigation into Dr Reay.
It was separate to another complaint, currently being heard by IPENZ, that Dr Reay had failed to disclose his involvement in the CTV building when he tried to renew his registration as chartered professional engineer in 2012.
"It is important that we clarify the law as to whether a professional can avoid disciplinary proceedings by simply resigning," Dr Smith said.
"Completing the IPENZ investigation will also be important in clarifying the professional standards expected of a senior engineer supervising the work of a more junior engineer," he said.
The Institution of Professional Engineers (IPENZ) has welcomed the initiative by the Ministry of Business, Innovation and Employment to seek the Judicial Review.
IPENZ Chief Executive Susan Freeman-Greene said the MBIE initiative is a desirable step towards clarifying the law around disciplinary action against engineers who are subject to complaints.
"While IPENZ is named in the application by MBIE as a respondent, we regard a Judicial Review as an opportunity to clarify the law at a time when the Government is considering a single regulatory framework to govern all building-related occupations," she said.
"We recognize that the events associated with the Christchurch earthquakes have highlighted areas that need revisiting in a disciplinary process that has evolved over many years.
"We understand and support the widespread desire to have a disciplinary process that achieves accountability, is fair and easily understandable."
Ms Freeman-Greene said IPENZ's decisions on complaints against engineers following the Christchurch earthquake had been based on its interpretation after legal advice of the framework and rules that govern its disciplinary process at that time.
"There is a need for robust disciplinary processes yet IPENZ needs to make decisions on complaints processes within the regulatory framework and the rules that govern the IPENZ disciplinary process.
"The IPENZ Rules have now been amended to put it beyond doubt that members cannot avoid responsibility by resigning."
