18 Sept 2020
A PROFESSIONAL CONDUCT COMMITTEE OF THE NURSING COUNCIL OF NEW ZEALAND v HEALTH PRACTITIONERS DISCIPLINARY TRIBUNAL [2020] NZCA 435
- Citation
- [2020] NZCA 435
- Court
- Court of Appeal
The Tribunal must first assess hearsay admissibility under the Evidence Act (including s 18 and s 8) and consider availability and alternative means of giving evidence; the Tribunal's cl 6(1) discretion to admit otherwise inadmissible material is residual and constrained by the requirement to observe natural justice; the Tribunal erred by failing to apply s 18 and s 8 and by not properly assessing unavailability and alternatives, so the decision is remitted for reconsideration.