New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Professional standards

Legal area

Court

3 Nov 2021

RAGG v LEGAL COMPLAINTS REVIEW OFFICER [2021] NZCA 579

Citation

[2021] NZCA 579
Court

Court of Appeal

Although the appellant's release of e-dealing instruments before receipt of cleared funds departed from standard conveyancing practice, the Review Officer erred by failing to consider exercising statutory powers to take no further action under s152(2)(c) and by unjustifiably referring the matter to the Registrar-General of Land under s159; those errors were material and invalidated the Review Officer's decision, which was set aside.
2 Dec 2010

HALLAGAN AND ANOR V MEDICAL COUNCIL OF NZ HC WN CIV-2010-485-222

Citation

openlaw-246089a2_b10c_46a7_9b1e_114d4355cb86.pdf
Court

High Court

A doctor consulted under s32(1) who has a conscientious objection has two lawful options: (a) decline to arrange for the case to be considered and give the s174(2) information (this statutory duty is a maximum and cannot be expanded by professional standards), or (b) if conscience allows, arrange for the case to be referred and comply with professional standards; s46 does not by itself exempt a doctor from s32(1) responsibilities but s174 permits a conscientious practitioner to refuse arranging and instead give information; a doctor who undertakes the statutory task of consideration cannot pa…