Judicial Committee Findings

The findings of the Judicial Committee since the inception of the Veterinarians Act 1994 and the subsequent Veterinarians Act 2005 are listed below. Names and identifying details have been removed.
 

NumberDateOutcomeAppeal
VCNZ 272010Charges of professional misconduct dismissed on technical grounds. Judicial Committee did not view the original letter to the Complaints Assessment Committee as a letter of complaint and as such considered that the subsequent investigation and laying of charges were undertaken without the requisite statutory authority. Click here for the Judicial Committee decision
 
VCNZ 262008Judicial Committee decision issued
Found guilty of professional conduct in that he signed a certificate which he knew or ought to have known was untrue, misleading and/or inaccurate. Penalty – censure
Found guilty of professional misconduct in failing to ensure urine sample was kept secure, betting on dogs when officiating and failing to properly secure and deliver post race drug testing urine sample on one of these dogs. Penalty – registration cancelled and name removed from the Register of Veterinarians.
Costs of $15,000 to Judicial Committee and $15,000 to CAC together with disbursements
Click here for Judicial Committee decision
Appeal to District Court
Judicial Committee decision appealed to the District Court. In his judgement of 19 April 2010 Judge Tuohy dismissed the appeal against the decision to remove the veterinarian from the Register of Veterinarians and referred the matter of costs back to the Judicial Committee for reconsideration
Click here for District Court decision.
VCNZ 252007Found guilty of professional misconduct in that the veterinarian failed to maintain proper records
Penalty – censure. Costs of $7,000 towards Judicial costs and $3000 towards CAC costs.
Veterinarian filed application for a judicial review of Council and Judicial Committee process in the High Court.
In his decision of 25 May 2009 Justice Clifford overturned the Judicial Committee’s decision on three procedural bases. The substantive reason was a technical point about delegation – that the referral of the veterinarian to the CAC under s39 of the Act by the Registrar was unlawful (in that at the time under the provisions of the newly enacted 2005 legislation the referral had to be made by the Council. The referral took place 16 days after the advent of the new Act and would have been lawful under the previous legislation.
VCNZ 242006Found guilty of two charges of misconduct, the first arising from the treatment of a horse, the second arising from treatment of a dog. In both cases, CAC misled.
Penalty: Suspension until medical reports and supervisory programme provided; medical reports; development of supervisory programme; two fines, one for $1,500, the other for $3500; 50% of costs and expenses to maximum of $6,000. Publication but suppression of name, medical details and identifying details
Appeal to District Court, by veterinarian challenging actions of Complaints Assessment Committee, appeal lost.
VCNZ 232005Fitness to practise hearing following conviction for selling of an unregistered agricultural compound.
No penalty. 15% of costs of hearing. Publication in Newsbrief
 
VCNZ JUD 222005Fitness to practise hearing following conviction for selling of an unregistered agricultural compound.
No penalty. 15% of costs of hearing. Publication in Newsbrief.
 
VCNZ JUD 212005Found guilty of professional misconduct in regards to treatment of cat, placing it in makeshift oxygen tent with no outlets, allowed it to be taken home.
Penalty: Required to work in practice environment in which total number of hours could be controlled and case decisions reviewed; parts of clinical examination sat and passed; 40% of costs of investigation and hearing
 
VCNZ JUD 202005Fitness to practise hearing, following conviction on two charges – common assault and being in possession of firearm when not licensed.
Penalty: No further disciplinary action; name suppression; summary of decision in Newsbrief
 
VCNZ JUD 192005Found guilty of supplying PAR without consultation.
Penalty: Fine of $4000. Costs of 25% of investigation and hearing. Conditions on practice (3 audits over 3 years - paid for by veterinarian). Name suppression granted
 
VCNZ JUD 182000Found guilty of stealing from employer to value of $25,648.
Penalty: Censure; Fine $4,000; 50% of costs of hearing; conditions of practice imposed requiring rehabilitation, quarterly reports from employer and progress of rehabilitation
 
VCNZ JUD 172000Fitness to practise hearing following criminal conviction for sale of veterinary anabolic steroids for human use.
Penalty: Censure; removal of name from Register without right of reinstatement for five years; Repayment of 50% of costs of hearing
 
VCNZ JUD 161999Found guilty of supplying prescription animal remedy without consultation.
Penalty: Censure; fine $3,000; 25% of costs $1,936; Retraining on procedures for prescribing and dispensing PARs
 
VCNZ JUD 151999Supplying prescription animal remedy without consultation.
Not guilty
 
VCNZ JUD 141999Found guilty of professional misconductAppealed to High Court, Council decision overturned
VCNZ JUD 131998Charged with administering class 1 prescription animal remedies without consultation.
Not Guilty
 
VCNZ JUD 121998Found guilty of issuing certificate of vaccination against bovine leptospirosis which was misleading.
Penalty: Censure, Fine $2,500. Costs $7,683. Publication of name of client or particulars of clients is suppressed
 
VCNZ JUD 111998Charged with alleged sale of Class 1 Prescription animal remedy without conducting veterinary consultation.
Not Guilty
 
VCNZ JUD 101997Found guilty of administering sodium bicarbonate mixture to horse on race day.
Penalty: Censure; costs of $2,500; name suppression.
 
VCNZ JUD 81997Found guilty of unauthorised retrieval and removal of information of a veterinary nature.
Penalty: Censure; Costs $7,500; retraining and re-education of veterinary ethics; payment to clinic for locum and nursing expenses
 
VCNZ JUD 71997Found guilty of failure to prepare and promptly provide a comprehensive written equine report following examination.
Penalty: Censure; Fine $6,000; Costs $1,000
 
VCNZ JUD 61996Found guilty of administering sodium bicarbonate mixture to horse on race day.
Penalty: Censure; Costs $5,000
 Appealed. Council decision upheld but suppression of names upheld
VCNZ JUD 51996Found guilty of administering sodium bicarbonate mixture to horse on race day.
Penalty: Censure; Costs $5,000
Appealed. Council decision upheld but suppression of names upheld
VCNZ 1-4Heard under previous legislation