Faris v Medical Practitioners' Disciplinary Committee - [1993] 1 NZLR 60

Administrative law — Judicial review — Domestic tribunals — Disciplinary proceedings — Medical practitioners — Whether respondent and Preliminary Proceedings Committee both constituted under Medical Practitioners Act had jurisdiction to lay and hear charges of professional misconduct — Whether administrative action — Medical Practitioners Act 1968, ss 42A, 43 and 56.

Judicial review — Jurisdiction — Domestic tribunals — Whether inherent power of High Court to control and protect judicial and quasi-judicial proceedings against abuse of process — Test for stay of proceedings — Whether matters in dispute can be determined in accordance with accepted standards of justice — Whether conduct of initiating authority unacceptable.

Judicial review — Natural justice — Medical disciplinary proceedings — Considerable lapse of time between alleged charges and commencement of proceedings — Whether lapse of time and possible consequent prejudice an abuse of process — Whether personal trauma and stress factors bearing on reasonableness — Whether appropriate to formulate issues of delay, prejudice and consequence in terms of unreasonableness.

Medicine, pharmacy and related professions — Medical practitioners — Disciplinary proceedings — Jurisdiction of Medical Practitioners' Disciplinary Committee and Preliminary Proceedings Committee to hear charges of professional misconduct — Whether charges related to professional misconduct or administrative action — Medical Practitioners Act 1968, ss 42A, 43 and 56.