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…