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Rosemary Rein v The Professional Conduct Committee of Nursing Council of New Zealand [2016] NZDC 3954

Published 31 July 2016

Health Practitioners Competence Assurance Act 2003, s 106 — appeal against suspension from nursing practice — fitness to practice. This s 106 appeal against a decision by the respondent to continue the appellant’s suspension from practicing as a registered nurse was dismissed. There was a lengthy procedural history in which the appellant had attempted to overturn previous decisions relating to the same matter. While the appellant’s exact medical diagnosis was unclear, reports suggested that she had a long psychiatric history possibly reflective of a personality disorder. The appellant’s psychiatric history and inappropriate conduct at and prior to hearings had resulted in the decision that she was unfit to practice. She had been rambling, unfocused, abusive and obfuscating in her conduct during the course of hearings, and it was difficult to see how she could act in the best interests of patients when under stress in a nursing environment. The Judge struggled to see the basis for the appeal but narrowed it down to the appellant’s concerns that: she had been wrongly diagnosed; factual errors had been made in past decisions relating to her; the committee had breached the Human Rights Act 1993 with age-based discriminatory findings; and no regard had been given to her experience and qualifications. The Judge rejected each of these grounds seeing no merit in them singularly or in combination. The Judge saw nothing incorrect with the committee’s decision and further was entirely in agreement with it.

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