30 Aug 2021
A PROFESSIONAL CONDUCT COMMITTEE v HEALTH PRACTITIONERS DISCIPLINARY TRIBUNAL [2021] NZHC 2249
- Citation
- [2021] NZHC 2249
- Court
- High Court
The High Court held the Tribunal erred in law by treating s76(7) as an absolute bar to using voluntary statements made at a PCC interview as evidence before the Tribunal and by concluding the practitioner retained a privilege against self-incrimination in the circumstances; the Tribunal also failed to apply the required proportionality assessment under the Evidence Act and sch 1 cl 6. The decision excluding the transcript was quashed and the Court affirmed the PCC has rights of appeal under s106(3).