20 Nov 2017
JOHNS v THE DIRECTOR OF PROCEEDINGS [2017] NZHC 2843
- Citation
- [2017] NZHC 2843
- Court
- High Court
The High Court held the Tribunal correctly found Dr Johns guilty of professional misconduct: expert evidence and facts demonstrated serial, basic and serious failures from 9:20pm that fell well short of acceptable standards and met the threshold for disciplinary sanction; environmental factors (fatigue, staffing, late call, midwifery lapses) were considered but did not excuse the conduct. The Court allowed the Director's cross-appeal on name suppression: the Tribunal gave excessive weight to the practitioner's private interests (and impermissibly relied on risk of job loss) and understated th…
- Professional misconduct
- Name suppression
- Public interest vs private interest
- Standard of review on appeal
- Penalty and rehabilitation