File Number: Nur19/459P
Practitioner: Milton David McClelland
Hearing Start Date:
Hearing End Date:
Legislation - breach of Customs and Excise Act 1996 (Established)
Legislation – breach of Films Videos and Publications Classifications Act 1993 (Established)
Possession of objectionable material (Established)
Precis of Decision:
The Tribunal considered a charge laid by a Professional Conduct Committee against Mr Milton David McClelland, registered nurse of Palmerston North (the Nurse), relating to a referral of conviction.
The Tribunal charges related to 10 convictions entered on 24 January 2019 in the Palmerston North District Court. These convictions were:
- five convictions for exportation of objectionable publications;
- four convictions for possession of objectionable material; and
- one conviction for the making of an objectionable publication.
The Nurse pleaded guilty to the ten representative charges in the District Court and was sentenced to imprisonment for 10 months two weeks.
The Nurse was convicted of exporting and possessing objectionable child pornography and also of creating videos depicting sexual exploitation of a child.
The hearing proceeded on the basis of an agreed summary of facts.
The Tribunal had no hesitation in concluding that the Nurse’s conduct was a major departure from the legal, professional and ethical standards expected of a nurse and were of such a serious nature to warrant disciplinary sanction.
The Tribunal found that by making images available for others to access there was re‑abuse of the victims. There were also a significant number of images involved as the convictions were for representative charges. The Tribunal considered the Nurse knew that he was in breach of censorship laws and his offending in relation to child sexual material had been identified on his computer devices since 2016.
- cancelled the Nurse’s registration;
- made an order of censure; and
- ordered the Nurse to pay $4,500 in costs.
The Tribunal directed publication of its decision and a summary.