27 Feb 2023
P v NEW ZEALAND PSYCHOLOGISTS BOARD [2023] NZHC 316
- Citation
- [2023] NZHC 316
- Court
- High Court
The Court held the Board did not have power to direct the PCC to reopen its s 80(1) decision because the Board did not demonstrate a clear and fundamental error in the PCC's application of the correct legal test for professional misconduct; the PCC's conclusions could not be shown to have applied the wrong threshold on the record, and the redirection letter was unlawful/improper as it effectively required the PCC to alter its decision (amounting to dictation). The Board's direction was quashed and the Board was ordered to reconsider whether to accept or reject the PCC's competence-review reco…