Medical Council of New Zealand
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Table of Contents
Table of Contents
2
Medical Council of New Zealand MOU
3
Introduct on
3
Purpose
3
Effect of th s Memorandum of Understand ng and Best Endeavours
3
Outcomes
3
Schedu es
3
Status of MOU and schedu es
4
Informat on shar ng
4
Commun cat ons and med a
4
D spute reso ut on
4
Costs
4
Cond t ons
4
L a son and coord nat on meet ngs
5
Schedule 1: Information Sharing
7
Introduct on and purpose
7
Mean ng of “ nformat on”
7
Lega bas s
7
Scope – re evant, necessary & proport onate
8
Charg ng
8
Informat on-shar ng channe s
8
Conf dent a ty and ownersh p
8
Inappropr ate access or d ssem nat on of nformat on
8
Schedule 2: Information exchange guidelines
10
Gu d ng pr nc p es
10
Request for Informat on (RFI) process
10
Prov s on of nformat on on a vo untary bas s
10
Lega status of nformat on exchanged
10
Schedule 2: Appendix 1 - Request Template for Medical Council of New Zealand
11
Request form
11
Schedule 2: Appendix 2 - Explanatory notes
13
Schedule 3: Compliance and Investigations
17
Introduct on
17
Purpose
17
MCNZ respons b t es
17
Invest gat ons of nappropr ate conduct of med ca pract t oners
17
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Med ca Counc of New Zea and
Medical Council of New Zealand MOU
24th August 2017
THIS MEMORANDUM OF UNDERSTANDING s made on the 24th day of August 2017
BETWEEN The Med ca Counc of New Zea and
AND The New Zea and Po ce.
Introduction
1. The Med ca Counc of New Zea and (MCNZ) s estab shed under the Hea th Pract t oners Competence Assurance Act
2003 and governed by a Counc appo nted by the M n ster of Hea th. The MCNZ s the agency that reg sters doctors n New
Zea and and carr es respons b t es n the areas of standards, conduct and competence. The MCNZ s ro e s to protect the
hea th and safety of pat ents by ensur ng the competence and f tness of doctors to pract se med c ne.
2. The New Zea and Po ce s estab shed under and regu ated by the Po c ng Act 2008 and Po c ng Regu at ons 2008. New
Zea and Po ce has a v s on to have the trust and conf dence of a . It seeks to do th s by work ng n partnersh p w th c t zens,
commun t es, government and non-government agenc es to prevent cr me and crashes, enhance pub c safety and ma nta n
aw and order. One of the many funct ons of the New Zea and Po ce s ma nta n ng pub c safety and conf dence through the
thorough nvest gat ons of reported cr me and promot ng Prevent on F rst pr nc p es.
Purpose
3. There may be t mes where the part es have mutua nterests, or one party w shes to seek ass stance, cooperat on or
resources from the other.
4. The purpose of th s MOU s to record and prov de a framework for a cont nu ng re at onsh p between the part es, and to
c ar fy the ass stance or support each party may prov de the other, and nformat on that may be prov ded by one party to the
other, n certa n c rcumstances. Deta s of ass stance, cooperat on, support that may be prov ded, and nformat on that may be
shared, n accordance w th th s MOU are deta ed n the schedu es to th s MOU.
5. Noth ng n th s MOU prevents e ther party from prov d ng ass stance, cooperat on or support outs de of the terms of th s
MOU or ts schedu es, where there s agreement between the part es.
Effect of this Memorandum of Understanding and Best Endeavours
6. Th s MOU conf rms the re at onsh p between the part es based on a sp r t of goodw and cooperat on. The part es w app y
best endeavours n the mp ementat on of th s MOU and n work ng together to ach eve des red outcomes.
Outcomes
7. The des red outcomes of th s MOU are to:
. Estab sh an effect ve arrangement between MCNZ and Po ce, wh ch w better enab e the MCNZ and Po ce to exerc se
funct ons n re at on to the assurance and promot on of the hea th and safety of pat ents and the pub c;
. Prevent and m n m se potent a y harmfu act v ty n the commun ty and n the de very of hea th serv ces that ar se, or may
ar se, from the conduct or pract ce of a reg stered med ca pract t oner; and
. Ach eve mutua cooperat on between the part es n operat ona and non-operat ona dut es.
Schedules
8. From t me to t me the part es may deve op schedu es to th s MOU that deta spec f c procedures and act v t es between the
part es. These may nc ude strateg es to share nformat on to enhance commun ty safety. Every schedu e w nom nate a
pos t on n each agency respons b e for the schedu e, and prov de contact deta s for those pos t ons.
9. Schedu es may be s gned or amended by the MCNZ CEO or the MCNZ Reg strar and by the appropr ate Nat ona Manager,
NZ Po ce.
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Status of MOU and schedules
10. The fo ow ng app es to th s MOU and each schedu e (un ess the schedu e concerned spec f ca y states otherw se):
. The effect ve date s the date of the ast s gnature, and w cont nue to be n effect unt term nat on;
. A rev ew s to be mp emented every four years and amendments can be made n wr t ng by mutua agreement of the
part es;
. Term nat on can take p ace at any t me by e ther party g v ng the other three months wr tten not f cat on or not ce that t w
be effect ve mmed ate y;
v. Term nat on of the MOU w term nate a schedu es, but term nat on of a schedu e w on y affect that schedu e;
v. The most recent vers on supersedes and cance s a prev ous vers ons;
v . There s no ntent on to create any ega r ghts, dut es or ob gat ons, and th s MOU s not b nd ng on the part es; and
v . The part es representat ves are pr mar y respons b e for ensur ng that the ntent of th s MOU s fo owed.
Information sharing
11. The Med ca Counc of New Zea and (MCNZ) and the New Zea and Po ce (NZ Po ce) w cont nue to deve op and
mp ement strateg es to share nformat on, subject to eg s at ve requ rements (Off c a Informat on Act 1982 and Pr vacy Act
1993), to mprove cooperat on on a matters of mutua nterest.
Communications and media
12. Where poss b e, part es w consu t each other when prov d ng nformat on or comment to the med a on a matter that s
re evant to the other party or to the content of th s MOU.
13. Any request a party rece ves for nformat on or g nat ng from the other party w be not f ed to, and where appropr ate
transferred to, that other party.
Dispute resolution
14. Any concerns re at ng to th s MOU, operat ona po c es or pract ce w be ra sed through the appropr ate nterna channe s
and not through the med a.
15. Any d sputes between the part es about the nterpretat on or performance of th s MOU w , n the f rst nstance, be
attempted to be reso ved by oca representat ves or managers.
16. When d sputes cannot be reso ved at the oca eve they w be referred to the Reg strar, MCNZ and Nat ona Manager:
Response and Operat ons, NZ Po ce.
17. If d sputes cannot be reso ved between the above nom nated persons w th n 28 days of referra , then the matter w be
referred n wr t ng to the Ch ef Execut ve MCNZ and the Comm ss oner of Po ce, for f na reso ut on.
18. The part es w reso ve any d sputes ar s ng under the MOU by d scuss on and cooperat on and w not refer any d fference
to any th rd party.
Costs
19. The cost of meet ng the comm tments of the MOU sha be met by the party ncurr ng the cost, un ess agreed otherw se.
Conditions
20. Noth ng n th s MOU sha make e ther party ab e for the act ons of the other or const tute any ega re at onsh p between
the part es.
21. The prov s ons of th s MOU are to be read subject to any Ch ef Execut ve or Cab net d rect ves, and any enactment.
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Med ca Counc of New Zea and
22. Where there are changes to Government po cy wh ch may affect the purpose and funct ons of th s MOU, each party
agrees to nform the other of those changes at the ear est poss b e t me thereafter and agrees to meet to re-negot ate f
necessary any aspects of th s MOU.
Liaison and coordination meetings
23. To ensure that the part es cont nue to deve op and mp ement strateg es to share nformat on, to mprove cooperat on on a
matters of mutua nterest, t w be advantageous to estab sh regu ar meet ngs between the CE, MCNZ and the Nat ona
Manager, Response and Operat ons, NZ Po ce or the r de egates. In order to foster and ma nta n th s re at onsh p, the part es
w meet annua y to:
. Br ef each other on the r respect ve ro es, respons b t es and capab t es;
. Rev ew the exchange of nformat on between MCNZ and the NZ Po ce; and
. Exp ore other opportun t es for co aborat on w th n the ntent of the MOU and ts schedu es.
SIGNED at Wellington for and on behalf of the Medical Council of New Zealand and the New Zealand Police
Philip Pigou
M. Bush, MNZM
Ch ef Execut ve
Comm ss oner of Po ce
Med ca Counc of New Zea and
New Zea and Po ce
Dated th s 24th day of August 2017
Dated th s 24th day of August 2017
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Med ca Counc of New Zea and
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Schedule 1: Information Sharing
Introduction and purpose
1. The part es have deve oped th s schedu e to the MOU for the purposes of cooperat ng n mutua nformat on shar ng for
operat ona reasons. The schedu e dent f es the spec f c respons b t es of the part es n contr but ng to the ach evement of
the overa purpose of the MOU n the exchange of nformat on.
Meaning of “information”
2. For the purposes of th s schedu e, “ nformat on” nc udes any commun cat on or representat on of know edge such as facts,
data, and op n ons n any med um or form, e ectron c as we as phys ca . Informat on nc udes any text, any numer ca , graph c,
or cartograph c nformat on, any narrat ve, or any aud o or v sua representat on.
Legal basis
3. The part es may share nformat on that s re evant to the other upon request or proact ve y, as appropr ate. Any nformat on
exchanged between the part es w be n accordance w th the prov s ons of the Off c a Informat on Act 1982 and the Pr vacy
Act 1993, or any other app cab e eg s at on part cu ar y the Hea th Pract t oners Competence Assurance Act 2003.
4. The part es acknow edge that nformat on shar ng w be cons dered on a case-by-case bas s, not automat ca y, and may
be perm tted where:
a. under the Off c a Informat on Act, the pub c nterest n d sc osure outwe ghs any nterests requ r ng protect on (for
examp e, a pr vacy nterest), or
b. under the Pr vacy Act, an except on to non-d sc osure of persona nformat on app es – for examp e, where the party
d sc os ng be eves on reasonab e grounds that d sc osure:
‘Public interest’ reason for disclosure
Privacy
Example
Act
exception
s one of the purposes for wh ch t was obta ned (or d rect y re ated to pr nc p e It has a ready been made pub c that
the purposes)
11(b)
nformat on about re evant offend ng may be
d sc osed.
s author sed by the nd v dua concerned
pr nc p e Consent (preferab y n wr t ng) s prov ded by
11(d)
the doctor.
s necessary to avo d prejud ce to the ma ntenance of the aw by any pr nc p e A comp a nt, charge, nvest gat on or
pub c sector agency, nc ud ng the prevent on, detect on,
11(e)( )
conv ct on about a doctor s behav our wh ch
nvest gat on, prosecut on and pun shment of offences
may be cr m na or affect f tness to pract ce.
s necessary to prevent or essen a ser ous threat (hav ng regard to pr nc p e The doctor s ke y to reoffend or presents a
ke hood, sever ty and t me) to pub c hea th or pub c safety, or the 11(f)
rea r sk to pat ent safety.
fe or hea th of an nd v dua
5. Where nformat on s subject to a suppress on order, the party ho d ng the nformat on w carefu y cons der whether
d sc os ng t to the other wou d amount to pub cat on, resu t ng n a breach of suppress on. The part es acknow edge that the
jud c a approach to the mean ng of pub cat on s f ex b e and depends on the c rcumstances, focus ng on whether the other
party has a genu ne nterest n know ng the nformat on. The part es w cons der whether a doctor s conduct ra ses obv ous
and eg t mate concerns about h s ab ty to do h s job sat sfactor y, or about pat ent hea th or safety.
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Scope – relevant, necessary & proportionate
6. The scope of nformat on requested or d sc osed may nc ude comp a nts or a egat ons of offend ng, act ve nvest gat ons,
cr m na charges or conv ct ons, depend ng on the c rcumstances.
7. Any d sc osure of persona nformat on by the part es w be re evant to the purpose of d sc osure and be m ted to what s
necessary and proport onate to that purpose.
8. NZ Po ce may cons der the fo ow ng examp es of offend ng are re evant to the Med ca Counc :
a. Offences aga nst ch dren or vu nerab e peop e;
b. Sexua offences;
c. V o ent offences;
d. Drug offences;
e. Theft, espec a y of drugs or nvo v ng a ser ous abuse of trust;
f. D shonesty offences, nc ud ng fa se dec arat ons of profess ona qua f cat ons; and
g. Dr nk dr v ng offences where repeated.
9. The Med ca Counc may cons der the fo ow ng examp es of a eged offend ng are re evant to NZ Po ce:
a. Offences aga nst ch dren or vu nerab e peop e;
b. Sexua offences;
c. V o ent offences;
d. Drug offences;
e. Theft, espec a y of drugs or nvo v ng a ser ous abuse of trust;
f. D shonesty offences, nc ud ng fa se dec arat ons of profess ona qua f cat ons; and
g. Dr nk dr v ng offences where repeated.
Charging
10. No charge under the Off c a Informat on Act w ord nar y be made by Po ce for the prov s on of nformat on, except as
may be prov ded for the prov s on of Po ce vett ng serv ces.
Information-sharing channels
11. Each party w be respons b e for ensur ng that the r respect ve staff are aware of, and adhere to, the nformat on shar ng
channe s and requ rements out ned n th s schedu e, wh e ensur ng the secur ty of nformat on.
Confidentiality and ownership
12. In the event a party rece ves a request for nformat on he d by the other, the party rece v ng the request w :
. prompt y not fy the other party of the ex stence of any such request and consu t n re at on to the appropr ate response; and
. f the nformat on s more c ose y connected to the funct ons of the other party, transfer the request.
13. Ownersh p of nformat on w rema n w th the party who prov ded t n response to a request.
Inappropriate access or dissemination of information
14. In the event that a party be eves that nformat on prov ded by the other party has been nappropr ate y accessed or
d ssem nated, they w mmed ate y nform the other party and jo nt y cons der what act ons may be necessary.
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Med ca Counc of New Zea and
SIGNED at Wellington for and on behalf of the Medical Council of New Zealand and the New Zealand Police
David Dunbar
C. Scahill
Reg strar
Nat ona Manager – Response and Operat ons
Med ca Counc of New Zea and
New Zea and Po ce
s9(2)(a)
Dated this 24th day of August 2017
Dated this 24th day of August 2017
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Med ca Counc of New Zea and
Schedule 2: Information exchange guidelines
Guiding principles
1. When e ther party responds to a wr tten or verba request for nformat on, or prov des wr tten or verba nformat on, they
must cons der and observe the requ rements of the Pr vacy Act 1993 and the Off c a Informat on Act 1982 as and when
app cab e.
Request for Information (RFI) process
2. A requests for nformat on (RFIs) must be subm tted n wr t ng us ng the format set out n Append x 1 to th s schedu e and
a responses de vered must use the format set out n Append x 2 to th s schedu e. Ora requests w be accepted and
processed on y on the understand ng that a wr tten request w be subm tted prompt y thereafter. Each request must have a
un que des gnator attached to the request as per the agreed format.
Provision of information on a voluntary basis
3. The prov s on of nformat on on a vo untary bas s must be put n wr t ng us ng the format set out n Append x 2.
Legal status of information exchanged
4. When a party responds to a wr tten RFI, or vo untar y prov des nformat on, they must cons der the ega status and use to
wh ch the nformat on w be put. Th s shou d be done at the po nt of transfer, and each p ece of nformat on must be c ear y
marked to show the exp o tat on opportun t es or constra nts part cu ar to t. Do ng so w reduce the r sk of nappropr ate use
and ead to greater trust and cooperat on between the part es. The RFI response and vo untary nformat on temp ates
attached as Append x 1 and 2 further deta th s process.
5. The nformat on-shar ng act v ty requ res the transact on to be t ed to an off ce or funct on and not to nd v dua s w th n these
ent t es. However, each part c pat ng un t s encouraged to dent fy a pos t on through wh ch a requests for nformat on
shar ng s fac tated.
SIGNED at Wellington for and on behalf of the Medical Council New Zealand and the New Zealand Police
David Dunbar
C. Scahill
Reg strar
Nat ona Manager – Response and Operat ons
Med ca Counc of New Zea and
New Zea and Po ce
s9(2)(a)
Dated this 24th day of August 2017
Dated this 24th day of August 2017
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Schedule 2: Appendix 1 - Request Template for Medical Council of New
Zealand
Request form
Request For Information Form
Request ng Agency:
To:
RFI Reference Number:
Background / S tuat on: Context and cond t ons re at ng to the request
Informat on Requ red:
Rep y by:
Compu sory: State the purpose of the request and state reasons how the re ease of the nformat on s just f ed under the
app cab e eg s at on. P ease be spec f c – e.g., nformat on requ red for an act ve nvest gat on nto.
Pub c nterest cons derat ons support ng d sc osure:
To avo d prejud ce to the ma ntenance of the aw by any pub c sector agency, nc ud ng the prevent on, detect on,
nvest gat on, prosecut on and pun shment of offences; or
For the conduct of proceed ngs before any court or tr buna ; or
That the d sc osure of the nformat on s necessary to prevent or essen a ser ous and mm nent threat to:
Pub c hea th or pub c safety; or
The fe or hea th of the nd v dua concerned or another nd v dua
Request ng Off cer / Person
Te ephone No / Ema
Rank / Pos t on
Off ce / Organ sat on
Requ red by (date)
Date / T me
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Agency approva
S gnature
Date / T me
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Schedule 2: Appendix 2 - Explanatory notes
1. Th s form s used by Po ce to make a request w thout consent for persona nformat on he d by an externa agency.
2. D sc osure of the nformat on requested s vo untary. The nformat on supp ed by Po ce n th s form s ntended to ass st the
agency rece v ng t to understand the purpose of the request and dec de whether they are just f ed n d sc os ng persona
nformat on under the Pr vacy Act 1993.
3. Po ce cannot obta n the nformat on d rect y from the nd v dua concerned (or obta n the r author sat on for ts d sc osure),
because:
t s not reasonab y pract cab e to do so; or
co ect on from the nd v dua concerned wou d prejud ce the purpose of the co ect on of such nformat on; or
co ect on of the nformat on from the nd v dua concerned wou d prejud ce the ma ntenance of the aw.
4. It s not poss b e or appropr ate to obta n a product on order – .e. Po ce cannot meet the cond t ons for obta n ng a
product on order (reasonab e grounds to be eve an offence has been comm tted under a NZ enactment and the documents
sought const tute ev dent a mater a ).
5. A product on order may be sought f further nformat on s requ red.
To
Agency name:
Agency ema :
From
Rank and name:
Ema :
Phone number:
Approver
Rank and name:
Ema :
Phone number:
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Med ca Counc of New Zea and
Additional details
Po ce f e number:
Operat on name:
Pr or ty:
Urgency reason:
Further disclosure
Wou d d sc osure at th s t me of the ex stence of th s request, or any nformat on t
YES (D sc osure wou d prejud ce the
conta ns, to the nd v dua (s) concerned prejud ce ts purpose?
purpose of the request)
NO
Po ce has not sought the author sat on of the nd v dua concerned n mak ng th s request. Po ce adv ses the agency
rece v ng th s request that ts ex stence or any of ts contents shou d not be d sc osed to the subject of the request, or any
person not nvo ved n respond ng to t, w thout consu t ng w th Po ce. D sc osure can create r sks to act ve cr m na
nvest gat ons, potent a court proceed ngs or court orders such as name suppress on, or to another person's safety.
Information (what information is needed)
Informat on Requested:
Purpose (why the information is needed)
Inc dent/Offence(s)Be ng Invest gated:
Purpose:
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Med ca Counc of New Zea and
Legal basis (why Police think disclosing the information is justified)
Wh e you are not ob ged to d sc ose the nformat on requested, Po ce cons ders that the above purpose may prov de
reasonab e grounds for your staff to cons der that d sc osure to ass st Po ce n carry ng out ts funct ons s necessary under
the Pr vacy Act 1993.
Principle 11(e)
To avo d prejud ce to the ma ntenance of the aw by any pub c sector agency, nc ud ng the prevent on, detect on,
nvest gat on, prosecut on, and pun shment of offences; or
For the enforcement of a aw mpos ng a pecun ary pena ty; or
For the protect on of the pub c revenue; or
For the conduct of proceed ngs before any court of Tr buna (be ng proceed ngs that have been commenced or are
reasonab y n contemp at on); or
Principle 11(f)
To prevent or essen a ser ous threat to:
Pub c hea th or pub c safety; or
The fe or hea th of the nd v dua concerned or another nd v dua ; and
hav ng regard to a the matters sted n the def n t on of ‘ser ous threat n sect on 2(1) of the Pr vacy Act 1993, be ng:
(a) the ke hood of the threat be ng rea sed, and
(b) the sever ty of the consequences f the threat s rea sed, and
(c) the t me at wh ch the threat may be rea sed.
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Schedule 3: Compliance and Investigations
Introduction
1. Act v t es that take p ace n the Med ca Counc of New Zea and (MCNZ) env ronment nvo ve the safety and secur ty of
pat ents, and cover the f tness of med ca pract t oners to pract se. In the dea wor d, everyone operat ng n the hea th sector
wou d operate safe y, respons b y, and awfu y. In rea ty, on occas on some form of ntervent on s necessary to ensure that
members of the med ca commun ty take account of the r behav our and the assoc ated r sks.
2. MCNZ funct ons under the Hea th Pract t oners Competence Assurance Act 2003 nc ude promot on of hea th pract t oner
f tness, and the safety, secur ty, and protect on of pat ents n New Zea and. Th s nc udes ensur ng that the hea th sector and
other agenc es are ab e to respond to un awfu behav our and any assoc ated r sks, through t me y shar ng of nformat on that
enab es emp oyers, co eagues and other agenc es or persons w th a awfu nterest to ass st to manage and/or mon tor r sk or
to carry out the r own funct ons w th respect to that behav our.
Purpose
3. The purpose of th s schedu e s to enhance co aborat on between MCNZ and the NZ Po ce n mon tor ng, nvest gat ng and
enforc ng comp ance w th n New Zea and s med ca sector env ronment.
4. The des red outcomes of th s schedu e are to:
. Improve mutua understand ng between MCNZ and NZ Po ce as to the r respect ve ro es, respons b t es and powers n
mon tor ng, nvest gat ng and enforc ng comp ance w th n New Zea and s hea th sector env ronment; and
. Enhance co-operat on between the part es n mon tor ng, nvest gat ng and enforc ng comp ance w th n New Zea and s
hea th sector env ronment.
MCNZ responsibilities
5. Hea th and Safety. The hea th sector works on a base of pat ent trust wh ch makes a focus on hea th and safety part cu ar y
mportant for med ca pract t oners. The MCNZ s concerned about the harmfu effects on nd v dua pat ents and pub c
conf dence that ar ses from a med ca pract t oner s un awfu or nappropr ate conduct or med ca pract ce. In part cu ar, MCNZ
s concerned about pract ces that:
. have caused, or have the potent a to cause harm, to pat ents; or
. may pose a r sk of harm to the hea th and safety of members of the pub c.
Investigations of inappropriate conduct of medical practitioners
6. It s MCNZ pract ce to refer matters re at ng to nappropr ate conduct or unsafe pract ce to profess ona conduct comm ttees
(PCCs) for nvest gat on, where necessary and as perm tted by the Hea th Pract t oners Competence Assurance Act 2003. In
add t on, the MCNZ has opt ons to curta or m t the pract ce of a doctor referred to a PCC or who s fac ng cr m na
proceed ng. That s, where the conduct casts doubt on the appropr ateness of the doctor s conduct, the MCNZ may, after
g v ng not ce to the doctor and a ow ng an opportun ty to be heard and make subm ss ons on a proposa , suspend the doctor s
pract c ng cert f cate or p ace one or more cond t ons on the doctor s scope of pract ce. In th s way, the MCNZ acts to protect
pub c hea th and safety wh e the nvest gat on proceeds.
SIGNED at Wellington for and on behalf of the Medical Council of New Zealand and the New Zealand Police
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Med ca Counc of New Zea and
David Dunbar
C. Scahill
Reg strar
Nat ona Manager – Response and Operat ons
Med ca Counc of New Zea and
New Zea and Po ce
s9(2)(a)
Dated this 24th day of August 2017
Dated this 24th day of August 2017
Pr nted on : 16/06/2021
Pr nted from : https://tenone.po ce.govt.nz/p /med ca -counc -new-zea and
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