4 Dec 2019
J v AUCKLAND STANDARDS COMMITTEE 1 [2019] NZCA 614
- Citation
- [2019] NZCA 614
- Court
- Court of Appeal
The Court held the High Court was correct: if the Tribunal properly finds conduct amounts to misconduct under s241(a)/s7(1)(a)(i) there is no requirement to instead select an alternative lesser charge; the categories are mutually exclusive and misconduct, if proved on the facts, excludes a finding of only unsatisfactory conduct or s241(c) negligence. The appeal was dismissed and the question of law answered 'no'.