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This page contains information about HPDT cases involving Doctors. The page is broken up into three subsections:
Findings
This section shows the final outcome of charges laid before the Tribunal and any appeals following the Tribunal's decision.
Charge Characteristics
This section shows the breakdown of charges into the particular areas of conduct where the doctor is alleged to have erred and indicates whether or not the allegation has been established.
Additional Orders
This section shows all orders (interlocutory orders) made by the Tribunal prior to the substantive hearing of the charge. Please note that rarely, the Tribunal makes an order after the substantive and penalty decisions have been issued. For the sake of completeness we have also included those rare orders under this section.
In each of these sections you can click on the file number link at the left of the page to take you into an information page (Precis Page) that gives all current details relevant to that specific charge.
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FindingsCharge CharacteristicsAdditional Orders
| File Number |
Professional Misconduct |
| Med04/01D |
Guilty |
| Med04/03P |
Guilty |
| Med05/08P |
Guilty |
| Med05/11D |
Guilty
The practitioner appealed the Tribunal's Decision in relation to penalty and name suppression to the High Court.
High Court granted interim name suppression until the appeal was heard.
The High Court allowed the appeal in relation to conditions of practice. In all other respects the appeal was dismissed. (J v Director of Proceedings, (High Court Auckland, CIV-2006-404-2188, 17 October 2006, Baragwanath J)) |
| Med05/15D |
Guilty
The practitioner appealed to the High Court, part of the finding and the penalty awarded by the Tribunal.
The High Court dismissed the appeal on the substantive finding of professional misconduct, but modified the penalty order and reduced the fine (Martin v Director of Proceedings (High Court, Auckland, CIV-2006-404-005706, 2 July 2008, Courtney J)) |
| Med05/27D |
Guilty |
| Med06/28D |
Guilty |
| Med06/29P |
Guilty |
| Med06/32D |
Guilty |
| Med06/33D |
Guilty |
| Med06/36D |
Guilty |
| Med06/37D |
Guilty
The practitioner has appealed the Tribunal's substantive decision to the High Court.
The High Court dismissed the appeal but varied the order for fine. (John Edgar Harman v Director of Proceedings, High Court Auckland, CIV 2007-404-003732, 12 March 2009, Wild J)).
Practitioner applied to appeal to the Court of Appeal.
Practitioner filed a notice of discontinuance of the appeal. |
| Med06/39D |
Guilty |
| Med06/44P |
Guilty
The practitioner appealed the Tribunal's Decision to the High Court. The High Court dismissed the appeal (Cullen v PCC (High Court, Auckland, CIV 2008-404-6786, Heath J, 14 November 2008)).
The practitioner applied to the High Court to stay publication of the Tribunal's Decision. The High Court dismissed the application (Cullen v PCC (High Court, Auckland, CIV 2007-404-00676, 15 February 2008, Venning J)). |
| Med06/46D |
Guilty
The practitioner appealed the Tribunal's substantive decision to the High Court. The High Court dismissed the appeal and discharged its order granting interim name suppression. (A v Director of Proceedings, CIV 2007-441-631 (High Court, Napier, 16 October 2007, Allan J)) |
| Med06/48P |
Guilty |
| Med07/60P |
Guilty |
| Med07/61P |
Guilty |
| Med07/65D |
Not guilty |
| Med07/72D |
Not guilty |
| Med07/76D |
Guilty
The practitioner appealed the Tribunal's substantive decision to the High Court. The High Court upheld the Tribunal's overall finding of professional misconduct, but quashed the Tribunal finding in relation to the fourth particular. The High Court reduced the fine of $5,000, but upheld the other penalty orders. (Dr E v The Director of Proceedings and Anor (High Court, Wellington, CIV-2007-485-2735, 11 June 2008, Young J)). |
| Med07/80P |
Guilty
The practitioner appealed part of the Tribunal's Penalty Decision to the High Court.
The High Court allowed the practitioner's appeal in part. The suspension order was quashed and the condition requiring urine testing was varied. All other penalties were upheld (Dr A v PCC (High Court, Auckland, CIV 2008-404-002927, 5 September 2008, Keane J)) |
| Med08/87P |
Guilty
The practitioner appealed the Tribunal's Penalty Order to the High Court but did not pursue this part of the appeal at the hearing (Dr Anderson v Professional Conduct Committee (High Court, Wellington CIV-2008-485-1646, 14 November 2008, Gendall J)) |
| Med08/96P |
Guilty
The practitioner appealed the Tribunal's Substantive and Penalty Decision's to the High Court. The High Court dismissed the appeal. (Vatsyayann v PCC (High Court, Wellington, CIV 2009-485-259, Simon France J, 14 August 2009)). The Practitioner applied for leave to appeal to the Court of Appeal. The application for leave was dismissed by the High Court (Vatsyayann v PCC (High Court, Wellington, CIV 2009-485-259, Simon France J, 9 December 2009)).
The Practitioner applied for special leave to appeal to the Court of Appeal the High Court decision dismissing the Practitioner's appeal. The application for special leave was dismissed by the Court of Appeal, Dr Vatsyayann v Professional Conduct Committee [2010] NZCA 153. |
| Med08/100D |
Guilty
The practitioner appealed the Tribunal's Substantive and Penalty Decision's to the High Court. The Court upheld the appeal and the practitioner was found not guilty. The Court also granted permanent name suppression to the practitioner (DP v Dr G (High Court, Auckland, CIV-2009-404-000951, Duffy J, 5 March 2010)). |
| Med08/102P |
Guilty
The practitioner appealed the Tribunal's penalty decision to the High Court.
The High Court upheld parts of the appeal by varying the conditions placed on the practitioner's practice (Dr McDonald v PCC (High Court, Auckland, CIV 2009-404-1516, 10 July 2009, Lang J)). |
| Med08/107D |
Not guilty |
| Med09/113D |
Guilty |
| Med09/120P |
Guilty
The practitioner appealed the Tribunal's Substantive Decision to the High Court in particular the cancellation of the practitioner's registration. The High Court dismissed the appeal (Dr N v PCC (High Court, Wellington, CIV 2009-485-2347, Ronald Young J, 19 March 2010)). |
| Med09/129P |
Guilty |
| Med10/145P |
Guilty |
| Med10/151P |
Guilty |
| Med10/152P |
Guilty
The practitioner has appealed the Tribunal's decision to the High Court. The High Court upheld the Tribunal's findings of disciplinary grounds but quashed the order of cancellation of registration and payment of costs referring the matter of penalty back to the Tribunal for rehearing (Vatsyayann v Professional Conduct Committee (HC Hamilton [2012] NZHC1138, 25 May 2012, Priestley J))
The Tribunal ordered cancellation of registration, censure and reduced the amount of costs awarded against Dr Vatsyayann. |
| Med10/153P |
Guilty |
| Med10/154P |
Guilty |
| Med10/157P |
Guilty |
| Med10/161P |
Guilty
The Practitioner has appealed the Tribunal's decision to the High Court.
The High Court set aside the penalty and costs decision of the Tribunal (337/Med10/161P) and directed that the appropriate penalty and any costs order be reconsidered by a new HPDT Tribunal (Ranchhod v PCC (High Court, Auckland, CIV2010-404-008009, 14 June 2011, Wylie J)). The Tribunal has reconsidered the penalty decision. |
| Med10/170D |
Guilty
The Director of Proceedings has appealed part of the Tribunal's decision to the High Court. |
| Med11/172P |
Guilty
The Practitioner appealed part of the Tribunal's penalty decision in regard to the order for costs. The appeal was resolved by way of orders by consent. (Paltridge v PCC (High Court, Auckland, CIV-2011-404-003658, 27 October 2011, Ellis J)) |
| Med11/197P |
Guilty |
| Med11/200P |
Guilty |
| Med11/201P |
Guilty |
| Med12/215P |
Guilty. The practitioner has appealed against the Tribunal's decision to the High Court. The practitioner withdrew the appeal. |
| File Number |
Conviction |
| Med08/89P |
Guilty
Section 135 Crimes Act 1961 |
| Med09/133P |
Guilty
Section 229A(b) Crimes Act 1961
Section 228(b) Crimes Act 1961 |
| Med09/140P |
Guilty
Section 133(1)(A) Crimes Act 1961 |
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Med10/149P |
Guilty
Sections 131A(1) and (2) Films Videos and Publications Classification Act 1993
Sections 124(1) and (2) Films Videos and Publications Classification Act 1993 |
| Med10/155P |
Guilty
Sections 256(1) and 257(1)(a) of the Crimes Act 1961 |
| Med11/175P |
Guilty
Sections 131A(1) Films Videos and Publications Classification Act 1993 |
| Med11/181P |
Guilty
Section 228(b) of the Crimes Act 1963 |
| Med12/228P |
Guilty
Section 131A(1) of the Films, Videos & Publishing Classification Act 1993
The practitioner has appealed the Tribunal's decision to the High Court. the High Court has ordered a stay of the Tribunal's penalty decision pending the outcome of the appeal. |
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File Number |
Stayed/Struckout |
| Med07/65D |
Application for stay of Hearing declined. The practitioner appealed the Tribunal Decision. The High Court upheld the Tribunal's decision (YZ v the Director of Proceedings, (High Court, Wellington, CIV-2007-485-2631, 3 October 2008, Dobson J)) |
| Med11/181P |
Charge stayed by agreement at the hearing |
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Please Note: If there is more than one particular in a charge covering the same topic and it is established in one of the particulars but not in the other, we have concluded it is established for the purposes of the following work.
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File Number |
Inappropriate and/or inadequate consultations |
| Med04/03P |
Established. |
| Med06/28D |
Established. |
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File Number |
Sexual misconduct and/or indecent assault and/or sexual relationship with a patient or former patient and/or inappropriate touching |
| Med04/03P |
Established. |
| Med06/36D |
Established. |
| Med07/65D |
Established and amounted to malpractice and the bringing of discredit to the profession but in this case the Tribunal was not satisfied that disciplinary sanctions were warranted. |
| Med08/89P |
Established following a conviction in the High Court. |
| Med08/100D |
Established. Overturned on appeal. |
| Med08/102P |
Established. |
| Med09/120P |
Established. |
| Med09/140P |
Established. |
| Med10/157P |
Established. |
| Med12/215P |
Established. |
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| File Number |
Name Suppression to Doctor |
| Med04/01D |
Granted provisional name suppression
Granted interim name suppression
Declined permanent name suppression
The Practitioner appealed the Tribunal's decision to decline permanent name suppression. The High Court denied the appeal (Dr A v DP (High Court, Christchurch, CIV 2005-409-002244, 21 February 2006, Panckhurst J)).
The High Court dismissed the practitioner's application for Leave to Appeal (Dr A v Director of Proceedings, (High Court, Christchurch, CIV-2005-409-002244, 30 July 2007, Panckhurst J)). The practitioner applied to the Court of Appeal to seek leave to appeal, but discontinued the application. |
| Med04/03P |
Declined interim name suppression |
| Med05/08P |
Granted interim name suppression
Declined permanent name suppression |
| Med05/11D |
Granted interim name suppression
The practitioner appealed the Tribunal's decision to decline permanent name suppression
The High Court dismissed the name suppression appeal. (J v Director of Proceedings, (High Court Auckland, CIV-2006-404-2188, 17 October 2006, Baragwanath J)) |
| Med05/15D |
Granted interim name suppression
Declined permanent name suppression |
| Med05/27D |
Declined interim name suppression |
| Med06/28D |
Granted interim name suppression
Granted permanent name suppression |
| Med06/29P |
Granted interim name suppression
Declined permanent name suppression |
| Med06/37D |
Granted interim name suppression
Declined permanent name suppression
The practitioner has appealed the Tribunal's decision to decline permanent name suppression.
The High Court dismissed the name suppression appeal (John Edgar Harman v Director of Proceedings, (High Court Auckland, CIV 2007-404-003732, 12 March 2009, Wild J)).
Practitioner applied to appeal to the Court of Appeal.
Practitioner filed a notice of discontinuance of the appeal. |
| Med06/39D |
Granted interim name suppression
Declined permanent name suppression |
| Med06/41D |
Granted interim name suppression
Granted permanent name suppression |
| Med06/44P |
Declined interim name suppression |
| Med06/46D |
Granted interim name suppression
Declined permanent name suppression
The practitioner appealed the Tribunal's decision to decline permanent name suppression to the High Court. The High Court granted interim name suppression pending the appeal hearing (A v Director of Proceedings, CIV 2007-441-631 (High Court, Napier, 9 August 2007, Heath J)). The High Court dismissed the appeal and discharged its order granting interim name suppression. (A v Director of Proceedings, CIV 2007-441-631 (High Court, Napier, 16 October 2007, Allan J)) |
| Med06/48P |
Granted interim name suppression
Declined permanent name suppression |
| Med07/60P |
Declined interim name suppression.
The practitioner appealed the Tribunal's Decision declining interim name suppression. The Tribunal's decision was upheld (Gilgen v PCC, High Court Wellington, CIV 2007-485-001710, 5 December 2007, Mallon J). |
| Med07/61P |
Declined interim name suppression
The practitioner appealed the Tribunal's Decision declining interim name suppression. The Tribunal's decision was upheld (Gilgen v PCC, High Court Wellington, CIV 2007-485-001710, 5 December 2007, Mallon J). |
| Med07/65D |
Granted interim name suppression
Granted permanent name suppression |
| Med07/72D |
Granted interim name suppression
Granted permanent name suppression |
| Med07/76D |
Granted interim name suppression by order of consent
Granted permanent name suppression |
| Med08/87P |
Granted interim name suppression
Declined permanent name suppression
The practitioner appealed the Tribunal's decision to decline permanent name suppression to the High Court. The High Court upheld the Tribunal decision not to grant the practitioner permanent name suppression (Dr Anderson v Professional Conduct Committee (High Court, Wellington CIV-2008-485-1646, 14 November 2008, Gendall J)). |
| Med08/100D |
Granted interim name suppression by order of consent
Declined permanent name suppression
The practitioner appealed the Tribunal's Substantive and Penalty Decision's to the High Court. The Court upheld the appeal and the practitioner was found not guilty. The Court also granted permanent name suppression to the practitioner (DP v Dr G (High Court, Auckland, CIV-2009-404-000951, Duffy J, 5 March 2010)). |
| Med08/102P |
Granted interim name suppression
Declined permanent name suppression
The practitioner appealed the Tribunal's decision to the High Court. The High Court upheld the Tribunal's decision not to grant permanent name suppression to the practitioner (Dr McDonald v PCC (High Court, Auckland, CIV 2009-404-1516, 10 July 2009, Lang J)). |
| Med09/113D |
Granted interm suppression of name and specialty
Declined permanent suppression of name and specialty |
| Med09/120P |
Granted interim name suppression
Granted permanent name suppression |
| Med09/133P |
Granted interim name suppression by order of consent |
| Med10/149P |
Granted interim name suppression by order of consent
Granted permanent name suppression |
| Med10/154P |
Granted interim name suppression by order of consent
Declined permanent name suppression |
| Med10/155P |
Granted interim name suppression by order of consent
Granted permanent name suppression |
| Med10/157P |
Granted interim name suppression
Granted permanent suppression of name and identifying details |
| Med10/161P |
Granted interim name suppression by order of consent
Declined permanent name suppression |
| Med10/165P |
Granted interim name suppression
Granted permanent name suppression |
| Med11/172P |
Granted interim name suppression by order of consent
Declined permanent name suppression |
| Med11/197P |
Granted interim name suppression by order of consent
Granted permanent name suppression |
| Med11/200P |
Granted interim name suppression by order of consent
Practitioner did not seek permanent name suppression |
| Med11/201P |
Granted interim name suppression
Declined permanent name suppression |
| Med12/215P |
Granted interim name suppression by order of consent
Granted permanent suppression of name and identifying details |
| Med12/224P |
Granted interim name suppression by order of consent |
| Med12/225D |
Granted interim name suppression by order of consent |
| Med12/230P |
Granted permanent suppression of name and identifying details by order of consent |
| Med13/237P |
Granted interim name suppression by order of consent |
| Med13/243D |
Granted interim name suppression by order of consent |
| File Number |
Name Suppression to Complainant and/or Patient |
| Med04/01D |
Two complainant/patients granted interim name suppression |
| Med04/03P |
Complainant and children granted permanent name suppression |
| Med05/11D |
Complainant and family granted permanent name suppression |
| Med05/27D |
Granted permanent name suppression |
| Med06/28D |
Granted permanent name suppression |
| Med06/32D |
Granted permanent name suppression |
| Med06/36D |
Granted permanent name suppression |
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Med06/37D |
Granted permanent name suppression |
| Med06/41D |
Granted permanent name suppression |
| Med06/48P |
Patients granted permanent name suppression |
| Med07/60P |
All patients granted permanent name suppression |
| Med07/61P |
All patients granted permanent name suppression |
| Med07/65D |
Complainant and patient granted permanent name suppression |
| Med07/72D |
Complainant granted permanent name suppression by order of consent |
| Med07/76D |
Complainant granted interim name suppression by order of consent
Granted permanent name suppression |
| Med08/89P |
Complainants granted permanent name suppression by order of consent |
| Med08/100D |
Patient granted permanent name suppression by order of consent |
| Med09/113D |
Patient and patient's partner granted permanent name suppression
Complainants granted permanent name suppression |
| Med09/120P |
Complainant granted interim name suppression
Complainant granted permanent name suppression |
| Med10/145P |
Patient granted interim name suppression
All patients granted permanent suppression of name and identifying details |
| Med10/151P |
Complainant granted permanent name suppression at hearing |
| Med10/154P |
Complainant granted permanent name suppression by order of consent |
| Med10/157P |
Complainant and partner granted permanent suppression of name and identifying details |
| Med10/170D |
Name or any identifying details of patient/family member granted permanent suppression |
| Med11/197P |
Patients granted permanent name suppression at hearing |
| Med11/200P |
Patients granted permanent name suppression at hearing |
| Med11/201P |
Patient granted permanent name suppression of name and identifying details |
| Med12/215P |
Complainants and patient granted interim name suppression by order of consent
Granted permanent name suppression |
| Med12/223D |
Patient granted permanent suppression of name and identifying details by order of consent |
| Med12/225D |
Patient and complainant granted interim suppression of name and identifying details by order of consent |
| Med12/230P |
Patient granted permanent suppression of name and identifying details by order of consent |
| Med13/237P |
Complainant granted permanent name suppression |
| Med13/243D |
Complainant and family granted permanent name suppression by order of consent |
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File Number |
Name Suppression to Witness/s and/or Family of parties |
| Med04/01D |
Witnesses granted interim name suppression |
| Med06/36D |
Family of patient and complainant granted permanent name suppression |
| Med06/41D |
Family of complainant granted permanent name suppression |
| Med07/65D |
Witness for practitioner granted interim name suppression
Witness for practitioner granted permanent name suppression
Witnesses for HDC granted permanent name suppression by order of consent |
| Med07/76D |
Immediate family of complainant granted permanent name suppression |
| Med07/80P |
Name or any identifying details of any of the patients involved permanently suppressed |
| Med08/87P |
Witnesses and other people who did not appear at the hearing including family members granted permanent name suppression |
| Med09/120P |
Family of practitioner granted interim name suppression
Family of practitioner granted permanent name suppression |
| Med10/145P |
Witnesses granted permanent name suppression |
| Med10/152P |
Witness granted permanent name suppression |
| Med10/201P |
Details of family of practitioner granted permanent suppression at the hearing |
| Med12/215P |
Practitioner's partner granted interim name suppression by order of consent
Granted permanent name suppression |
| Med12/224P |
Witness granted permanent name suppression by order of consent |
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File Number |
Suspension of Registration/Revocation of Suspension of Registration |
| Med06/44P |
Ex parte application for Suspension of Registration granted
Application for Revocation of Suspension of Registration declined
The practitioner appealed the Tribunal's decision regarding interim suspension to the High Court. The High Court dismissed the practitioner's appeal (Cullen v HPDT, (High Court, Auckland, CIV-2007-485-1133, 31 August 2007, Baragwanath J) ) |
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File Number |
Jurisdiction |
| Med04/01D |
Practitioner challenged Tribunal's jurisdiction - Tribunal ruled it did have jurisdiction |
| Med04/03P |
Application from Complainant to give evidence behind a screen - Tribunal ruled it did have jurisdiction to Order a Screen |
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File Number |
Private Hearing |
| Med07/65D |
Declined private hearing |
| Med07/60P |
Declined private hearing. The practitioner appealed the Tribunal's Decision declining a private hearing. The Tribunal's decision was upheld (Gilgen v PCC, High Court Wellington, CIV 2007-485-001710, 5 December 2007, Mallon J). |
| Med07/61P |
Declined private hearing. The practitioner appealed the Tribunal's Decision declining a private hearing. The Tribunal's decision was upheld (Gilgen v PCC, High Court Wellington, CIV 2007-485-001710, 5 December 2007, Mallon J). |
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File Number |
Other Orders |
| Med04/01D |
Practitioner's application for severance declined
Setting of substantive Hearing Date |
| Med05/08P |
Application for disclosure of medical notes granted |
| Med06/36D |
Application to suppress name of Health Centre where practitioner worked granted |
| Med06/44P |
Application by practitioner to stay/strike out charge declined
The practitioner applied to the High Court to stay publication of the Tribunal's Decision. The High Court dismissed the application (Cullen v PCC (High Court, Auckland, CIV 2007-404-00676, 15 February 2008, Venning J)) |
| Med07/65D |
Application to prohibit the publication of the whole or any part of any documents or exhibits produced at the hearing until further order of the Tribunal granted
Application to stay proceedings declined
Application to remove certain items of evidence granted in part |
| Med08/102P |
Application for video conference granted
Witness granted interim suppression of documents
Employer and staff/work colleagues and the nature of their work activities granted interim name suppression
Patient's partner granted permanent name suppression |
| Med09/113D |
Practitioner's place of work and procedure involved in the charge granted interim name suppression
Practioner's place of work and procedure involved in the charge declined permanent name suppression
Medical and nursing staff at Wakefield Hospital granted permanent name suppression |
| Med09/120P |
Specific medical details involved in the charge granted permanent suppression |
| Med10/152P |
Application for admissibility declined |
| Med11/172P |
Suppression of names and identifying details of persons referenced before Tribunal |
| Med11/197P |
Practitioner's place of practice and identifying details granted permanent name suppression
Colleagues granted permanent name suppression |
| Med11/200P |
Health details of practitioners wife granted permanent suppression at hearing |
| Med12/224P |
Nurse and place of employment granted interim name suppression by order of consent |
| Med12/228P |
Practitioner's flatmate granted permanent name suppression by order of consent. |
| Med13/237P |
Complainant granted the right to give evidence in private |
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