New Zealand Case Law: Decisions & Judgments

Topic

Disciplinary jurisdiction

Legal area

Court

2 Oct 2019

ALAN MICHAEL REAY v ATTORNEY-GENERAL & ANOR [2019] NZCA 475

Citation

[2019] NZCA 475
Court

Court of Appeal

The Court held that, on proper contractual and purposive interpretation of the IPENZ Rules (notably r 2.1(b), r 4 and r 11), the term "Member" in r 11 may include a person who was a member when the complaint was made but resigned before disciplinary proceedings concluded; IPENZ erred in law by dismissing the complaint on the basis that resignation terminated jurisdiction, and declarations were appropriately granted to allow IPENZ to reconsider whether to proceed.
18 May 2017

HIRRON FERNANDO v PROFESSIONAL CONDUCT COMMITTEE [2017] NZHC 1028

Citation

[2017] NZHC 1028
Court

High Court

The Tribunal had jurisdiction because the appellant was a registered New Zealand health practitioner and the relevant misconduct occurred at least partly in New Zealand; the HPCA Act's protective disciplinary purpose and absence of an express territorial limit permit the Tribunal to adjudicate conduct linked to New Zealand even if the practitioner resides overseas, therefore the appeal on jurisdictional grounds is dismissed.
27 Oct 2016

REAY v THE ATTORNEY-GENERAL [2016] NZCA 519

Citation

[2016] NZAR 1672
Court

Court of Appeal

The Court of Appeal allowed the appeal, holding the High Court erred by striking out substantial parts of Dr Reay's defence; the correct course was to require focused re-pleading because the contested matters could be relevant to the court's discretion on relief and to standing and jurisdiction issues; pleadings must be concise and confined to material facts, and amendment rather than strike-out is ordinarily preferred.

New Zealand Case Law

ALAN MICHAEL REAY v ATTORNEY-GENERAL & ANOR [2019] NZCA 475

HIRRON FERNANDO v PROFESSIONAL CONDUCT COMMITTEE [2017] NZHC 1028

REAY v THE ATTORNEY-GENERAL [2016] NZCA 519