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| Decision No: | 02/95C | |
|---|---|---|
| Practitioner: | Name suppressed | |
| Charge Characteristics: | Sexual
misconduct Misuse of drugs |
|
| Additional Orders: | Doctor granted interim name
suppression: 0295cfindingsnamesupdr Doctor granted permanent name suppression: 0295cdecpenanon Complainant granted permanent name suppression: 0295cfindingsnamesupcomp Doctor's application for adjournment granted: 0295cfindingsadjourn Doctor's application for disclosure of documents granted: 0295cfindingsdiscovery Doctor's application for discovery of documents granted in part: 0295cfindingsdiscovery 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 held Chairperson acting alone did not have power to make the discovery orders. 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 has been granted leave to appeal the Court of Appeal decision to the Supreme Court. (Dr C v CAC [2005] NZSC 56 (17 August 2005)) 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: 0295cfindingsdisclosure 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: 0295cstaydecision Application filed on behalf of the CAC seeking that the Tribunal recall, amend or reconsider Tribunal discovery decision of 15 March 2007 denied: 0295cstaydecision Application filed on behalf of CAC seeking that the Tribunal direct a third party obtain medical records denied: 0295cstaydecision Application filed on behalf of Dr C for the discovery of documents from the CAC granted: 0295corderdiscovery Application filed by Radio New Zealand for media coverage granted: 0295cmediaminute Interim suppression of medical history of complainant and Dr C's family granted: 0295cfindings Permanent suppression of medical history of complainant and Dr C's family granted: 0295cdecpenanon Permanent name suppression to two witnesses granted: 0295cfindings Interim name suppression to other witnesses and identifying details and features granted: 0295cfindings Permanent name suppression to other witnesses and identifying details and features granted: 0295cdecpenanon |
|
| Decision: | 0295cfindings | |
| Penalty Decision: |
0295cdecpenanon CAC appealed the penalty decision of Tribunal and the order for name suppression. District Court granted appeal in regard to name suppression and set aside the Tribunal's order to suppress the Doctor's name. CAC v Dr C (District Court, Christchurch, CIV-2010-009-003018, Doherty DCJ, 13 May 2011). The Doctor appealed to the High Court the District Court decision to lift the name suppression order. The High Court granted the appeal. The Doctor has permanent name suppression. ABC v CAC [2012] NZHC 1901 |
Charge:
Background:
Finding:
Penalty: