New Zealand Case Law: Decisions & Judgments

Topic

Registration cancellation

Legal area

Court

5 Apr 2023

SUBRAMANI v A PROFESSIONAL CONDUCT COMMITTEE APPOINTED BY THE DENTAL COUNCIL OF NEW ZEALAND [2023] NZHC 757

Citation

[2023] NZHC 757
Court

High Court

Leave to appeal was granted because the issues were of sufficient importance and there were arguable errors of fact and law; however a prolonged stay until the substantive High Court hearing would not be in the public interest given the Tribunal's findings and evidence that the practitioner was operating at a junior level even when supervised; by a fine margin an interim stay of the cancellation was granted until the appeal hearing subject to conditions including urgency application to the Court of Appeal and continued supervision by an approved supervisor.
14 Feb 2023

SUBRAMANI v A PROFESSIONAL CONDUCT COMMITTEE APPOINTED BY THE DENTAL COUNCIL OF NEW ZEALAND [2023] NZHC 189

Citation

[2023] NZHC 189
Court

High Court

The Court refused a stay because the Tribunal's detailed findings established a significant risk to the public (appellant assessed as practising at junior student standard with unlikely rehabilitation), supervision did not adequately mitigate that risk, and the balance of convenience and public interest favoured refusing the stay; there was no basis to stay payment of the fine.
9 Feb 2023

EDWARDS v A PROFESSIONAL CONDUCT COMMITTEE [2023] NZHC 148

Citation

[2023] NZHC 148
Court

High Court

Cancellation of registration was excessive because all established particulars related to podiatric surgery; respondent must be prohibited from practising podiatric surgery but may be permitted to practise non‑surgical podiatry with conditions to protect the public. Accordingly the Tribunal's cancellation order is set aside, replaced with a restriction excluding podiatric surgery for up to three years. The costs award is reduced by a further five per cent to reflect appellant's limited success on appeal on several particulars, resulting in a final costs award of $172,000.
21 Jun 2022

SHOUSHA v A PROFESSIONAL CONDUCT COMMITTEE [2022] NZHC 1457

Citation

[2022] NZHC 1457
Court

High Court

Appeal allowed in part: Tribunal's cancellation of registration quashed because it failed adequately to justify that cancellation was the only appropriate and proportionate means of protecting the public given appellant's admissions, remorse, cooperation, and demonstrated willingness to undertake remedial steps; substituted penalty of suspension for nine months from 14 October 2021 with specified conditions was imposed as the least restrictive proportionate outcome; Tribunal's costs contribution reduced from 35% ($37,363) to 30% ($32,025.60) having regard to appellant's means and comparators.
12 Aug 2021

RACHELLE v TEACHERS DISCIPLINARY TRIBUNAL [2021] NZCA 376

Citation

[2021] NZCA 376
Court

Court of Appeal

Extension of time was granted because the respondent did not oppose it, but leave to appeal was declined because the proposed appeal raised only factual disputes and no question of law; the District Court made no legal error in upholding the Tribunal's finding that proximate repeat convictions for driving with excess blood alcohol, combined with failure to disclose and lack of insight, justified censure and cancellation of registration.
27 Feb 2007

PROFESSIONAL CONDUCT COMMITTEE V MARTIN HC WN CIV-2006-485-1461

Citation

openlaw-231a4e24_7a14_4160_b219_201e3b69da5e.pdf
Court

High Court

The Tribunal was clearly wrong to impose the particular conditions under s101 instead of ordering cancellation; given the respondent's conviction for attempted murder, lack of remorse and stated willingness to repeat the conduct, cancellation of registration under s101(1)(a) was necessary to protect the public and maintain professional standards.

New Zealand Case Law

SUBRAMANI v A PROFESSIONAL CONDUCT COMMITTEE APPOINTED BY THE DENTAL COUNCIL OF NEW ZEALAND [2023] NZHC 757

SUBRAMANI v A PROFESSIONAL CONDUCT COMMITTEE APPOINTED BY THE DENTAL COUNCIL OF NEW ZEALAND [2023] NZHC 189

EDWARDS v A PROFESSIONAL CONDUCT COMMITTEE [2023] NZHC 148

SHOUSHA v A PROFESSIONAL CONDUCT COMMITTEE [2022] NZHC 1457

RACHELLE v TEACHERS DISCIPLINARY TRIBUNAL [2021] NZCA 376

PROFESSIONAL CONDUCT COMMITTEE V MARTIN HC WN CIV-2006-485-1461