29 Apr 2021
A PROFESSIONAL CONDUCT COMMITTEE OF THE PHARMACY COUNCIL v A [2021] NZHC 949
- Citation
- [2021] NZHC 949
- Court
- High Court
The High Court held the Tribunal correctly applied the established two-stage test: it was entitled to find negligence and conduct likely to bring discredit at stage one but correctly concluded at stage two that the departures were not of sufficient significance to amount to professional misconduct given the modest prescriptions, the patient's diversionary fraud, the short time period and available Part 3 competence remedies; the appeal was dismissed and the Tribunal decision affirmed.