Medical Practitioners Disciplinary Tribunal

Additional Orders

Name Suppression to Doctor
Name Suppression to Complainant and/or Patient
Interim Suspension of Registration
Hearing in Private
Other Orders

NAME SUPPRESSION TO DOCTOR
97/1C	Granted permanent name suppression order	97/2C	Granted name suppression order (effectively permanent name suppression order as the complaint was withdrawn)
97/3C	Granted interim name suppression order Denied permanent name suppression order	97/5C	Granted interim name suppression order Granted further interim name suppression order (effectively permanent name suppression order as this was granted pending the determination of an appeal to the District Court which was discontinued)
97/7C	Granted interim name suppression order Denied permanent name suppression order	97/8C	Granted permanent name suppression order
97/9C	Granted permanent name suppression order	97/11C	Granted interim name suppression order Granted permanent name suppression order
97/12C	Granted permanent name suppression order	97/14C	Granted permanent name suppression order
97/17D	Granted interim name suppression order Interim name suppression order discontinued	98/18D	Granted interim name suppression order Interim name suppression order revoked after an application from the Director of Proceedings as a result of further information
98/19D	Granted interim name suppression order Denied permanent name suppression order	98/20C	Granted interim name suppression order (majority decision) Interim name suppression order vacated
98/22D	Denied interim name suppression order	98/24C	Granted interim name suppression order Denied permanent suppression order
98/25C	Granted interim name suppression order Interim name suppression order vacated	98/29C	Denied permanent name suppression order
98/30C	Denied interim name suppression order (majority decision)	98/32C	Denied interim name suppression order. Decision upheld by the District Court - M & ANOR v CAC (Wellington District Court, MA 106/99, Ongley DCJ)
98/33C	Granted interim name suppression order (majority decision) Granted permanent name suppression order	98/34C	Denied interim name suppression order
98/36C	Denied permanent name suppression order	98/37C	Denied interim name suppression order
98/38C	Denied permanent name suppression order	99/40C	Granted permanent name suppression by order of the District Court
99/41C	Granted interim name suppression order High Court granted name suppression E v MPDT (Wellington High Court, CP 190/99, 12 April 2001, Goddard J)	99/44D	Granted interim name suppression order. Granted permanent name suppression order
99/48D	Granted interim name suppression order Granted permanent name suppression order	99/49D	Granted interim name suppression order Denied permanent name suppression order
99/50C	Granted interim name suppression order Interim name suppression order vacated	99/52D	Denied interim name suppression order
99/54C	Denied interim name suppression order	99/55C	Denied interim name suppression order Decision upheld Fahey v MPDT et al (High Court, Wellington, CP 274/99, 11 February 2000, McGechan J)
00/56C	Granted interim name suppression order (majority decision) Denied permanent name suppression order	00/57D	Granted interim name suppression order Granted permanent name suppression order
00/58D	Granted interim name suppression order Denied permanent name suppression order. Decision upheld by the District Court John Edgar Harman v MPDT (District Court, Auckland, NP No. 4275/00, Doogue DCJ, Judgment 3 May 2002)	00/61C	Granted interim name suppression order and then on receipt of further application the interim name suppression order was denied. Decision upheld Ford v CAC et al (District Court, Wellington, NP 95/00, 8 September 2000)
00/62D	Granted interim name suppression order in relation to an application for suspension (majority decision) Interim name suppression order in relation to an application for suspension set aside	00/63C	Granted interim name suppression order Granted permanent name suppression order
00/64C	Denied interim name suppression order Decision upheld Fahey v MPDT et al (High Court, Wellington, CP 274/99, 11 February 2000, McGechan J)	00/65D	Granted interim name suppression order Granted further interim name suppression order Name suppression order discontinued (DP v Dr Wiles (District Court, Wellington, MA 69/01, 29 May 2002, Lee DCJ))
00/66D	Granted interim name suppression order Granted permanent name suppression order	00/67C	Denied interim name suppression order
00/69C	Granted interim name suppression order Interim name suppression order discharged in a further order	01/73D	Denied interim name suppression order
01/78C	Granted permanent name suppression order	01/79C	Denied interim name suppression order
01/80C	Denied interim name suppression order	01/81C	Denied interim name suppression order
01/83C	Denied interim name suppression order Decision overturned Dr H v MPDT (District Court, Auckland, NP No. 3154/01, 11 October 2001). Denied permanent name suppression by Tribunal Decision. Granted interim name suppression by the District Court pending the appeal of the Tribunal's Decision Dr H v MPDT (District Court, Auckland, Joyce DCJ, NP 881/02, 11 April 2002). Doctor granted permanent name suppression F v MPDT (District Court, Auckland, Hubble DCJ, NP 881/02, 3 September 2002)	01/86D	Denied interim name suppression order. Denied interim name suppression after a re-consideration by the Tribunal of the Tribunal's initial Order.
01/87D	Denied interim name suppression order Decision by Tribunal not to grant interim name suppression overturned by the District Court: DP v Dr xx & MPDT (District Court, Wellington, Tuohy DCJ, 15 March 2002) Doctor granted permanent name suppression by Tribunal Decision.	02/92C	Denied interim name suppression order
02/95C	Granted interim name suppression order Granted permanent name suppression order CAC appealed decision to District Court. Appeal upheld CAC v DR C (District Court, Christchurch, CIV-2010-009-003018, Doherty DCJ 13 May 2011) Doctor appealed the District Court Decision to the High Court. Appeal upheld. The Doctor has permanent name suppression. ABC v CAC [2012] NZHC 1901	02/96C	Granted interim name suppression order Granted further interim name suppression order Denied permanent name suppression order District Court granted an order suppressing doctor's name pending appeal to the District Court District Court denied permanent name suppression (R W Robertson v CAC, (District Court Christchurch, CIV-2004-009-1784, 28 November 2005, Moran J))
02/97C	Granted interim name suppression order (majority decision) Granted permanent name suppression order	03/99D	Granted interim name suppression order (majority decision) District Court upheld the Decision (DP v MPDT and ANOR (District Court, Wellington, CIV-203-085-879, 21 August 2003, Ongley DCJ))
03/100D	Granted interim name suppression order Denied permanent name suppression order District Court granted permanent name suppression Dr X v Director of Proceedings (District Court, Wellington, CIV 2003-085-1181, 8 December 2004, Kelly DCJ)	03/101D	Denied interim name suppression order
03/102D	Granted interim name suppression order	03/104D	Granted interim name suppression order Granted permanent name suppression order
03/105C	Granted permanent name suppression order	03/106C	Granted permanent name suppression order
03/107C	Granted permanent name suppression order	03/108D	Denied interim name suppression order District Court upheld an appeal. Doctor granted interim name suppression (Dr xx v MPDT and DP (District Court, Wellington, CIV-2003-085-1262, Lovegrove DCJ, 2 October 2003)) High Court denied appeal - (Doctor's interim name suppression upheld) (DP v I and MPDT, (High Court, Auckland, CIV-2003-485-2180, Frater J, 20 February 2004)) Denied permanent name suppression order by Tribunal Decision. Granted interim name suppression by District Court pending the appeal of the Tribunal's Decision. Granted permanent name suppression (Dr I v Director of Proceedings (District Court, Napier, DIV 2004-041-206, 15 September 2004, Rea DCJ))
03/114C	Denied interim name suppression order	03/115C	Granted interim name suppression order Granted permanent name suppression by District Court. (Doctor T v CAC (District Court Wellington, CIV-2005-085-355, & Broadmore DCJ, 6 October 2008))
03/116D	Granted interim name suppression order District Court granted an order suppressing publication of the doctor's name and any details that might identify him. District Court granted Doctor further interim name suppression (Dr xx v Director of Proceedings (District Court, Auckland, CIV-2004-004-1631, Joyce QC DCJ, 23 July 2004)) The District Court upheld the Doctor's appeal. The orders relating to name suppression were made permanent. (Dr X v Director of Proceedings (District Court, Auckland, CIV-2004-004-1613, Hubble DCJ, 23 Feb 2007))	03/117C	Granted interim name suppression order
04/118D	Granted interim name suppression order Granted permanent name suppression order	04/119C	Granted interim name suppression order Denied permanent name suppression order District Court granted Doctor interim name suppression pending appeal to the District Court. District Court granted Doctor permanent name suppression. (Dr C v CAC (District Court, Wellington, CIV 2004-085-1577, Thomas J, 2 September 2005))
04/120C	Granted interim name suppression order Granted permanent name suppression order	04/121C	Denied interim name suppression order
04/122C	Denied interim name suppression order Granted permanent name suppression order	04/124C	Granted interim name suppression order Granted permanent name suppression order
05/127C	Granted interim name suppression order Declined permanent name suppression order	05/128C	Granted interim name suppression order Doctor declined permanent name suppression Doctor appealed the Tribunal's decision to decline permanent name suppression. The District Court dismissed the appeal relating to name suppression. (K v CAC, District Court Wellington, CIV 2005-085-1272, Walker J, 29 June 2006). The Doctor appealed the District Court Decision regarding name suppression to the High Court. The Doctor abandoned the appeal. The High Court dismissed the appeal due to the abandonment (Laubscher v CAC, High Court Wellington, CIV-2006-485-1632, SC Le'aupepe, Deputy Registrar, 8 June 2007)

INTERIM SUSPENSION OF REGISTRATION
97/15C	Application granted	97/16D	Application denied (Doctor gave a written undertaking to the Tribunal not to return to practice until the complaint had been dealt with by the Tribunal)
98/21C	Application granted (majority decision)	99/40C	Application granted
99/47C	Ordered on Tribunal's own motion	99/55C	Ordered on Tribunal's own motion
00/62D	Application denied and then on receipt of further information Tribunal suspended on its own motion. Application to revoke suspension was denied.	00/64C	Ordered on Tribunal's own motion
01/88C	Application granted. Application to revoke suspension was denied.	02/92C	Application denied but conditions were placed on the Doctor's practice

HEARING IN PRIVATE
97/1C	Application denied. Decision overturned by the District Court - Dr E v MPDT (District Court, Auckland, AP No. 2154/97, 20 May 1997)	97/2C	Application denied. Decision upheld by the District Court P v MPDT (District Court, Auckland, AP 2490/9, 18 June 1997). Appeal to the High Court struck out - P v MPDT (High Court, Auckland, HC 89/97, 22 July 1997)
97/3C	Application denied	97/5C	Application granted
97/7C	Application denied	97/11C	Application granted
97/12C	Application denied	97/13C	Application denied
97/17D	Application granted (majority decision)	98/19D	Application denied
98/24C	Application denied	98/33C	Application denied (majority decision)
99/54C	Application denied	00/65D	Application granted
00/67C	Application denied	00/69C	Application granted
01/79C	Application granted	01/80C	Application granted
01/81C	Application granted	01/87D	Application denied in part. Complainant able to give evidence in private. Decision overturned by the District Court: DP v Dr xx & MPDT (District Court, Wellington, Tuohy DCJ, 15 March 2002) - whole hearing in private
03/114C	Application denied	03/116D	Application granted
04/124C	Application denied

OTHER ORDERS
97/3C	Tribunal ordered no written statements of evidence to be circulated to any person except the Tribunal, the parties and their counsel, either prior to or in the course of the hearing. This order was vacated at the conclusion of the hearing	97/5C	Application to strike out a particular of the charge granted
98/18D	Application for the discovery of documents from the Health and Disability Commissioner and the Director of Proceedings granted	98/22D	Order of the Tribunal's own motion for the production of a document from the Director of Proceedings Director of Proceedings sought judicial review of the Tribunal's ability to order the production of documents - held s 65(4) of the HDC Act 1994 does not provide outright protection against providing documents - HDC and Anor v MPDT and Anor (High Court, CP 141/98 and CP 177/98, Ellis J, 9 December 1998)
99/41C	Application for production of medical and other records from the practitioner partially granted	99/42D	Application for complainant to give evidence in private granted
99/43C	Application to stay or strike out charge denied Application on issue of Tribunal's jurisdiction denied	99/55C	Hearing of charges stayed pending determination of criminal charges. Interim order that all details of charges suppressed.
00/61C	Application to impose conditions on doctor's practice granted Application to permanently stay charge denied	00/62D	Application to disqualify Tribunal denied
00/67C	Application for an adjournment of the hearing denied	00/69C	Application on issue of jurisdiction denied Decision upheld by the High Court (P v MPDT (High Court, Wellington CP 58/01, 2 August 2001, Ellis J))
01/83C	Application for access to medical records and other documents denied	01/84C	Application to permanently stay three charges denied Application to permanently stay two charges granted
01/88C	Application to amend charges granted Application for Orders of Discovery granted in part	02/91D	Application to grant suppression of the patient's reasons for failing to attend the hearing granted
02/92C	Application to impose conditions on the Doctor's practice granted	02/95C	Application for disclosure of documents that CAC have or had relevant to the hearing granted. Application for the discovery of documents from the Complaints Assessment Committee granted in part. Application for stay of discovery and disclosure orders pending determination of appeal granted (C v MPDT (District Court, Christchurch, CIV No 751/03, Callaghan DCJ, 28 February 2003)) Appeal from Order of the Tribunal to disclose and discover documents upheld. Court directed the Chairperson to reconsider the decision and orders made. (CAC v MPDT and C (District Court, Christchurch, CIV 751/03, Ryan DCJ, 3 June 2003)) CAC appealed to High Court - High Court upheld District Court in that it held the Chairperson of the Tribunal acting alone did not have the power to make the discovery orders. However, High Court held the District Court did have the power to make the necessary discovery decision. High Court ordered discovery of CAC documents. (CAC v MPDT and Dr C (High Court, Christchurch, CIV-2003-75103, Chisholm J, 25 March 2004)). CAC was granted leave to appeal High Court decision to Court of Appeal. (CAC v MPDT and Dr C (High Court, Christchurch, CIV 2003 409 93, Chisholm J, 7 May 2004)) Court of Appeal allowed the Appeal. The order made by the High Court requiring disclosure to Dr C records relating to the complainant was set aside. Dr C's application for disclosure was referred back to the MPDT for a re-hearing (CAC v Dr C, (Court of Appeal, CA 198/04, 19 April 2005, Glazebrook, O'Regan and Chambers JJ)) Counsel for Dr C sought leave to appeal the Court of Appeal decision to the Supreme Court. Counsel for Dr C granted leave to appeal the Court of Appeal decision to the Supreme Court. (Dr C v CAC [2005] NZSC 56 (17 August 2005)). Application for adjournment of the hearing granted. Supreme Court referred back to the Tribunal Dr C's application for access to medical records (Dr C v CAC [2006] NZSC48). Tribunal granted Dr C's application for discovery of medical records. The CAC appealed the Tribunal Decision to the District Court. The District Court held that it had no jurisdiction to entertain the appeal. (CAC v Dr C, District Court, CIV 2007-009-1075, 4 February 2008, Macaskill DCJ)) The District Court ordered costs in favour of Dr C (CAC v Dr C, (District Court, CIV 2007-009-1075, 17 July 2008, Macaskill DCJ)) Application filed on behalf of Dr C to stay or strike out the charge denied. Application filed on behalf of the CAC seeking that the Tribunal recall, amend or reconsider Tribunal discovery decision denied. Application filed on behalf of Dr C for the discovery of documents from the CAC granted. Application filed on behalf of CAC seeking that the Tribunal direct a third party obtain medical records denied. Application filed on behalf of Radio New Zealand for media coverage granted. Interim suppression of medical history of complainant and Dr C's family granted. Interim name suppression to other witnesses and identifying details and features granted. Permanent name suppression to other witnesses and identifying details and features granted. Permanent name suppression to two witnesses granted. Permanent suppression of medical history of complainant and Dr C's family granted.
02/96C	Application to amend the charge granted.	02/97C	Tribunal directed CAC file application to amend charge. Application to amend charge granted.
03/102D	Application for interim suppression of institution and medical staff granted. Application for permanent suppression of institution declined. Application for permanent suppression of medical staff granted.	03/107C	Application to strike out the charge granted
03/109D	Application to adjourn the hearing denied. Director of Proceedings appealed the Tribunal Order which denied an application to adjourn the hearing. Appeal was dismissed by the District Court (Director of Proceedings v MPDT and Dr Fisher (District Court, Wellington, CIV-2003-085-1608, Dalmer DCJ, 12 November 2003))	03/110D	Application to hear witness by video link granted. Further application to hear witness by video link granted. Application to adjourn the hearing granted. Application by Newspaper to take photographs and use a video camera during the hearing denied. Application by TV to use a video camera and take photographs during the hearing denied in part. Application by Radio to audio-record the full hearing granted subject to two conditions. Application to amend the charge granted. Application for name suppression of witness granted.
03/113C	Application to amend the charge granted. Application by doctor to change Chair of the Tribunal granted. Application by the doctor for Expert Witness of the CAC not to give evidence denied. Application by Radio NZ and TV One to record proceedings granted subject to conditions.	03/116D	Application for permanent name suppression of witnesses granted.
03/117C	Application to hear witness by video link granted.	04/119C	Application to amend the charge granted.
04/122C	Application by complainant to give evidence in private granted. Application to give evidence behind a screen deferred until commencement of hearing.	05/127C	Application for adjournment of the hearing granted. Application for permanent name suppression of witness granted.
05/128C	District Court referred back to the Tribunal a condition for reconsideration. (K v CAC, District Court Wellington, CIV 2005-085-1272, Walker J, 29 June 2006). The Tribunal issued a minute altering one condition.

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