File Number: Nur22/542P
Practitioner: Milton David McClelland
Hearing Start Date:
Hearing End Date:
Legislation - breach of Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (Established)
Authority - failed to engage / comply (Established)
Precis of Decision:
On 19 May 2022 by audio visual link the Health Practitioner’s Disciplinary Tribunal heard a conviction charge laid by a Professional Conduct Committee appointed by the Nursing Council of New Zealand against Mr Milton David McClelland, registered nurse of Palmerston North (the nurse).
The charge alleged that:
The nurse was convicted in the District Court on 21 May 2019 of an offence of failing to comply with his reporting obligations (namely the requirement to report intended travel away from his registered residential address) under s39(1) of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
On 21 and 24 January 2019, the nurse was convicted of ten convictions under s56 of the Customs and Excise Act 1996, s123, s124(1), s131 and s131A (1) of the Films, Videos and Publications Classifications Act 1993. The nurse was placed on the Child Sex Offender Register. The nurse was sentenced to two months in prison.
After one month, the nurse was released on probation. One of the conditions of his release was that he reside at an identified address and provide details of any travel within New Zealand for more than 48 hours before leaving the address. On 18 March 2019, the nurse left the approved address and did not return to it.
At the time of his conviction in May 2019, the nurse’s registration had not been cancelled by the Tribunal. The offending that was subject to the January 2019 convictions came before the Tribunal on 25 November 2019. The May 2019 conviction was not amongst the matters before the Tribunal on 25 November 2019. The outcome of that Tribunal hearing was cancellation of the nurse’s registration (PCC v McClelland 1059/Nur19/459P).
The Tribunal found the fact of conviction established and that the conviction reflected adversely on the nurse’s fitness to practise and warranted disciplinary sanction.
The nurse’s registration was cancelled by the Tribunal at its hearing on 25 November 2019. The Tribunal recorded in its decision on this matter that the circumstances giving rise to this case, serve to reinforce the decision that was made by the Tribunal in 2019 for cancellation of the nurse’s registration.
The Tribunal ordered that the nurse be:
- Pay 25% of the costs, fixing the sum at $3,000.
The Tribunal directed publication of the decision and a summary.