19 Apr 2021
NATIONAL STANDARDS COMMITTEE (NO 1) OF THE NEW ZEALAND LAW SOCIETY v X [2021] NZHC 821
- Citation
- [2021] NZHC 821
- Court
- High Court
Given the maker of the hearsay was available and the hearsay statements were the pivotal evidence lacking sufficient detail and reliability, admission would contravene the natural justice right to test and challenge the accuser; applying Nursing Council the Tribunal correctly required Evidence Act admissibility as a threshold and properly exercised its discretion to exclude the hearsay to avoid unacceptable prejudice to the practitioner, so the High Court dismissed the appeal and upheld the exclusion.