2 Jun 2020
T v A Professional Conduct Committee [2020] NZHC 1179
- Citation
- [2020] NZHC 1179
- Court
- High Court
The Tribunal exceeded the scope of the charge by relying on subsequent conduct rather than focusing on conduct "by entering" the sexual relationship at a single point in time; applying the Collie objective test to the facts as they were at the time of entry (pre-existing friendship, one prior treatment, no evidence of vulnerability or imbalance) the conduct would not have been likely to bring discredit to the chiropractic profession under s100(1)(b); therefore professional misconduct was not established and the Tribunal's finding and penalty were quashed.