Complaints Assessment Committee v Medical Practitioners Disciplinary Tribunal - [2005] 3 NZLR 447

Medicine, pharmacy and related professions — Medical practitioners — Doctor accused of disgraceful conduct in professional respect — Application by doctor for access to medical and counselling records of complainant — Whether Court of Appeal had jurisdiction to hear appeal — Whether disclosure application should be referred back to tribunal — Principles to be applied — Whether CAC subject to Health Information Privacy Code 1994 — Whether CAC a “health agency” and a “health professional body” — Evidence Amendment Act (No 2) 1980, ss 32 and 35.

Practice and procedure — Appeals to Court of Appeal — Doctor accused of disgraceful conduct in professional respect — Application by doctor for access to medical and counselling records of complainant — Whether Court of Appeal had jurisdiction to hear appeal — Whether disclosure application should be referred back to tribunal — Principles to be applied — Whether CAC subject to Health Information Privacy Code 1994 — Whether CAC a “health agency” and a “health professional body” — Evidence Amendment Act (No 2) 1980, ss 32 and 35.

Practice and procedure — Discovery, production and inspection — Professional discipline — Doctor accused of disgraceful conduct in professional respect — Application by doctor for access to medical and counselling records of complainant — Whether disclosure application should be referred back to tribunal — Principles to be applied — Whether CAC subject to Health Information Privacy Code 1994 — Whether CAC a “health agency” and a “health professional body” — Evidence Amendment Act (No 2) 1980, ss 32 and 35.