3 Jul 2018
A v A PROFESSIONAL CONDUCT COMMITTEE [2018] NZHC 1623
- Citation
- [2018] NZHC 1623
- Court
- High Court
The Court held the Tribunal committed important legal errors: it sometimes misapplied the burden of proof by placing a requirement on the practitioner to justify conduct, it at times relied on its independent experience in a way that risked supplementing the evidence, and it failed adequately to give reasons on key first‑stage findings and the cumulative misconduct analysis. Applying correct principles to the record, the Court upheld a finding of inappropriate/negligent prescribing in relation to pethidine for patient P1 (insufficient monitoring, record keeping and management), upheld finding…