Charge Detail Summary

File Number: Med13/243D
Practitioner: Manilall Maharajh
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Professional boundaries breached   (Established)

Sexual misconduct - sexual relationship with patient or former patient or partner of patient

Prescribing - inappropriate/inadequate

Lied/misled - attempted to involve others to authority

Confidentiality - breach of

Additional Orders:

Name Suppression to Complainant and/or Patient and/or client

Complainant and family granted permanent name suppression by order of consent


Name Suppression to Practitioner

Practitioner granted interim name suppression by order of consent


Name Suppression to Practitioner

Practitioner declined permanent name suppression


Other Suppression Orders

Practitioners wife granted permanent suppression of christian name



Admissibility of Evidence


Appeal Order:


Substantive Decision 571Med13243D.pdf

Penalty Decision

Appeal Decision:

Precis of Decision:


On 12-16 August 2013, the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a charge laid by the Director of Proceedings against Dr Manilall Maharajh (the Doctor), medical practitioner formerly of Tauranga, now of Australia.  The Doctor was the patient's psychiatrist.

The charge alleged the Doctor was guilty of professional misconduct in that he:

  • entered into an inappropriate and/or sexual relationship with a vulnerable patient;
  • prescribed Fluoxetine to the patient without adequate clinical justification;
  • discharged the patient by telephone on 18 August 2008, which was an inadequate discharge given the patient's personality characteristics and vulnerabilities;
  • continued the sexual relationship after the clinical relationship ended;
  • interfered with the legal process by attempting to improperly influence and procure the withdrawal of complaints to the Health and Disability Commissioner.


The Tribunal considered that there was adequate clinical justification to prescribe Fluoxetine but it found all the other elements of the charge established.

The Tribunal was satisfied that there had been multiple and severe breaches of standards over a long period of time which were very significant.  The Tribunal considered the manner in which the Doctor took advantage of a young, vulnerable and sexually inexperienced woman for his own sexual gratification was complete abrogation of his professional responsibliities as a psychiatrist and of the trust inherent in the professional relationship.

The charge of professional misconduct was made out.


The Tribunal ordered that the Doctor's registration be cancelled.

He was censured and ordered to pay costs of $73,000.00.