The Wislang Case

IN HER MAJESTY QUEEN ELIZABETH’S PRIVY COUNCIL, LONDON, ENGLAND
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Documents

1. Petition of Appeal

2. Case for Appellant

3. Case for 1st and 3rd Respondents

4a. Submissions of Appellant

Name Page
PREFACE 1
SUBMISSIONS TO COURT OF APPEAL (Dr GDS Taylor) 4
Ground 1: Judicial review of process, or merits 4
Ground 2: Decision where error not appreciated as unlawful 4
Ground 5: Meaning of competence 5
Ground 6: Placing drug companies and pharmacists in "jeopardy" 6
Ground 4: Interim suspension 7
Ground 4(a): Amended charge not "influential" 8
Ground 3: Conditions on practising certificate 8
Ground 7: Discretion including severance and Tribunal decision 9
Chronology 10
Introduction 13
Expanded Submissions: 14
- Ground 1 : Judicial review of process, or merits 14
- Ground 2: Decision where error not appreciated as unlawful 17
- Ground 5: Meaning of competence 18
- Ground 6: Placing drug companies and pharmacists in "jeopardy" 23
- Ground 4: lnterim suspension 26
- Ground 4(a): Amended charge not "influential" 30
- Ground 3: Condition on practising certificate 32
- Ground 7: Discretion including severance and Tribunal decision 35
- - The role of discretion 36
- - Futility 37
- - Alternative remedy 38
- - Severance 41
FURTHER SUBMISSIONS (Dr M R Wislang) 43
AMENDED CHARGE 43
The statutory provisions for charging 43
Prosecuting counsel's opinion on charging 43
Tribunal's proceeding with amended charge 44
Proper staging of consideration and adjudication of charges 46
Error of Court of Appeal concerning amended charge 48
Innominate ground of review 50
SUSPENSIONS OF REGISTRATION 51
COMPETENCE 56
Competence and practising certificate conditions 56
Determinations of competence invalid 61
Multiplication of disciplinary proceedings countermanded 62
Regulations 64
DISCRETION TO GRANT REMEDIES 65
Wislang [1974] 66
Peters v Davison [1999] 67

4b. Appendix to Submissions of Appellant

5a. Record of Proceedings Part1 Pleadings

5b. Record of Proceedings Part2 Exhibits

Number Description Date Page
MRW 1 Curriculum Vitae of Miles Roger Wislang 2000 155
MRW 2 Letter Medical Council of New Zealand to Miles Wislang 16 September 1998 159
MRW 3 Letter Medical Council of New Zealand to Miles Wislang 30 September 1998 161
MRW 4 Letter Complaints Assessment Committee to Miles Wislang 11 November 1998 162
MRW 5 Letter Miles Wislang to Complaints Assessment Committee 22 January 1999 163
MRW 6 Letter Miles Wislang to Health and Disability Commissioner 3 October 1997 166
MRW 7 Letter Health and Disability Commissioner to Miles Wislang 28 November 1997 169
MRW 8 Letter Complaints Assessment Committee to Miles Wislang 29 January 1999 170
MRW 9 Letter Complaints Assessment Committee to Miles Wislang 4 March 1999 171
MRW 10 Letter Miles Wislang to Complaints Assessment Committee 9 March 1999 172
MRW 11 Letter Medical Practitioner Disciplinary Tribunal to Miles Wislang 21 May 1999 174
MRW 12 Notice of Disciplinary Charge by Complaints Assessment Committee against Miles Wislang 13 May 1999 176
MRW 13 Notice of Hearing of Disciplinary Charge by Medical Practitioners Disciplinary Tribunal 21 May 1999 177
MRW 14 Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 11 June 1999 180
MRW 15 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 16 June 1999 181
MRW 16 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 3 August 1999 182
MRW 17 Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 27 August 1999 183
MRW 18 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 30 August 1999 184
MRW 19 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 3 September 1999 185
MRW 20 Notice of Amended Charge by Complaints Assessment Committee 30 August 1999 186
MRW 21 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 9 September 1999 188
MRW 22 Affidavit of Russel Graham Knudsen 5 October 1999 189
MRW 23 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 6 October 1999 192
MRW 24 Affidavit (1) of Stephen Thomas James Gilbert 13 October 1999 193
MRW 25 Letter (1) Miles Wislang to Medical Practitioners Disciplinary Tribunal 6 October 1999 197
MRW 26 Letter (2) Miles Wislang to Medical Practitioners Disciplinary Tribunal 6 October 1999 200
MRW 27 Affidavit of Reginald Bruce Conyngham 21 October 1999 201
MRW 28 Transcript First Hearing by Medical Practitioners Disciplinary Tribunal 7 October 1999 203
MRW 29 First Submissions of Complaints Assessment Committee to Medical Practitioners Disciplinary Tribunal 6 October 1999 232
MRW 30 Affidavit (1) of Stephen Thomas James Gilbert 13 October 1998 238
MRW 31 Affidavit (2) of Stephen Thomas James Gilbert 21 October 1999 242
MRW 32 Letter Miles Wislang to Complaints Assessment Committee 11 October 1999 248
MRW 33 Interim Order of Medical Practitioners Disciplinary Tribunal 8 October 1999 254
MRW 34 Letter and Memorandum of Miles Wislang to Medical Practitioners Disciplinary Tribunal 11 October 1999 260
MRW 34a Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 12 October 1999 264
MRW 34b Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 14 October 1999 266
MRW 34c Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 15 October 1999 268
MRW 35 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 14 October 1999 270
MRW 35a Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 4 Nocember 1999 271
MRW 36 Letter and Memorandum of Miles Wislang to Medical Practitioners Disciplinary Tribunal 11 October 1999 272
MRW 37 Extracts (2) from publications of Medical Council of New Zealand
277
MRW 38 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 20 October 1999 283
MRW 39 Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 22 October 1999 285
MRW 40 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 28 October 1999 286
MRW 41 Affidavit of Paul Alfred Wilson 20 October 1999 287
MRW 42 Second Submissions of Complaints Assessment Committee to Medical Practitioners Disciplinary Tribunal 29 October 1999 289
MRW 43 Letter Miles Wisalng to Medical Practitioners Disciplinary Tribunal 3 November 1999 294
MRW 44 Minute of Medical Practitioners Disciplinary Tribunal 4 November 1999 295
MRW 45 Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 5 November 199 299
MRW 45a Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 8 November 1999 302
MRW 46 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 8 November 1999 304
MRW 47 Letter (1) Medical Practitioners Disciplinary Tribunal to Miles Wislang 9 November 1999 305
MRW 48 Letter (2) Medical Council Practitioners Disciplinary Tribunal to Miles Wislang 9 November 1999 306
MRW 49 Transcript (partial) Second Hearing by Medical Practitioners Disciplinary Tribunal 11 November 1999 308
MRW 50 Transcript Note of Findings of Medical Practitioners Disciplinary Tribunal 11 November 1999 322
MRW 51 Submissions of Complaints Assessment Committee on Penalty 11 November 1999 323
MRW 52 Interim Decision of Medical Practitioners Disciplinary Tribunal on Penalty 16 November 1999 327
MRW 53 Supplementary Decision-Reasons of Medical Practitioners Disciplinary Tribunal 10 December 1999 331
MRW 54 Notice of Appeal by Miles Wislang to District Court against Costs Decisions 9 December 1999 353
MRW 55 Grounds of Appeal by Miles Wislang to District Court againsts Costs Decision 11 April 2000 355
MRW 56 Letter Miles Wisalng to Complaints Assessment Committee Administrator 28 March 2000 359
MRW 57 Letter (1) Counsel Complaints Assessment Committee to Miles Wislang 3 April 2000 360
MRW 58 Letter Miles Wislang to Counsel Complaints Assessment Committee 3 April 2000 361
MRW 59 Letter (2) Counsel Complaints Assessment Committee to Miles Wislang 3 April 2000 362
MRW 60 Letter (2) Miles Wislang to Counsel Complaints Assessment Committee 3 April 2000 363
MRW 61 Letter (3) Counsel Complaints Assessment Committee to Miles Wislang 3 April 2000 364
MRW 62 Letter (3) Miles Wislang to Counsel Complaints Assessment Committee 3 April 2000 365
MRW 63 Letter Miles Wislang to Medical Practitioners Disciplinary Tribunal 4 April 2000 366
MRW 64 Letter Medical Practitioners Disciplinary Tribunal to Miles Wislang 5 April 2000 367
MRW 65 Letter Miles Wislang to Medical Council of New Zealand 5 April 2000 368
MRW 66 Letter Medical Council of New Zealand to Miles Wislang 7 April 2000 369
MRW 67 Letter Miles Wislang to Medical Council of New Zealand 7 April 2000 370
MRW 68 Letter Medical Council of New Zealand to Miles Wislang enclosing Invoice copy 11 April 2000 372
MRW 69 Letter Miles Wislang to Complaints Assessment Committee Administrator 13 April 2000 374
MRW 70 Letter (undated) Medical Council of New Zealand to Miles Wislang enclosing Invoice copies
375
MRW 71 Letter Medical Council of New Zealand to Miles Wislang 26 April 2000 381
MRW 72 Letter Medical Council of New Zealand to Miles Wislang enclosing further Letter Medical Council of New Zealand to Miles Wislang enclosing further Invoice 26 April 2000 383
MRW 73 Erratum of Medical Practitioners Disciplinary Tribunal on Costs Decision 18 May 2000 385
MRW 74 Reserved Judgment of District Court on Appeal against Costs 27 April 2000 388
MRW 75 Letter Medical Council of New Zealand to Miles Wislang 1 September 1999 400
MRW 76 Letter Medical Council of New Zealand to Miles Wislang 28 September 2000 401
MRW 77 Letter Miles Wislang to Medical Council of New Zealand 7 February 2000 402
MRW 78 Letter Medical Council of New Zealand to Miles Wislang 2 March 2000 404
MRW 79 Letter Miles Wislang to Medical Council of New Zealand 29 March 2000 407
MRW 80 Letter Miles Wislang to Medical Council of New Zealand 30 March 2000 412
MRW 81 Letter (1) Miles Wislang to Medical Council of New Zealand 31 March 2000 417
MRW 82 Letter Medical Council of New Zealand to Miles Wislang 31 March 2000 418
MRW 83 Letter (2) Miles Wislang to Medical Coundil of New Zealand 31 March 2000 419
MRW 84 Letter Medical Coundil of New Zealand to Miles Wislang 4 April 2000 421
MRW 85 Extracts from Medical Council Handbook on Medical Practice in New Zealand 1999
424
MRW 86 Letter Miles Wislang to Medical Council of New Zealand 10 April 2000 426
MRW 87 Letter Medical Council of New Zealand to Miles Wislang 13 April 2000 428
MRW 88 Letter Miles Wislang to Medical Council of New Zealand 27 July 2000 429
MRW 89 Submissions of Counsel for Miles Wislang to Medical Council of New Zealand 10 August 2000 430
MRW 90 Letter Medical Coundil of New Zealand to Miles Wislang 20 September 2000 437
TMT 1 Medical Registration Details of Miles Wislang 1 November 1999 440
TMT 2 Minute of Meeting of Medical Coundil of New Zealand of February 2000
442
TMT 3 Registration Item No. 7.0 Medical Council of New Zealand 9 August 2000 442
TMT 4 Miles Wislang Application for Annual Practising Certificate 17 April 2000 445
TMT 5 Supplementary Decision-Reasons of Medical Practitioners Disciplinary Tribunal 13 December 1999 449
TMT 6 Letter Miles Wislang to Medical Council of New Zealand 30 March 2000 471
TMT 7 Letter Medical Council of New Zealand to Miles Wislang 4 April 2000 476
TMT 8 Letter Medical Council of New Zealand to Miles Wislang 13 April 2000 479
TMT 9 Extract Minutes August 2000 Meetings of Medical Council of New Zealand
480
TMT 10 Letter Medical Council of New Zealand to Miles Wislang 20 September 2000 481
TMT 11 Extracts from Medical Council of New Zealand Pamphlets
484
MRW 2.1 Telephone memo note of Medical Council of New Zealand 26 April 1993 498
MW 01 Letter Professor D. Gareth Jones to Miles Wislang 6 March 2002 499
MW 02 Letter Professor Mervyn J. Merrilees to Miles Wislang 19 February 2002 500
MW 03 Extract from Medical Faculty Personnel List for University of Auckland, New Zealand, 2002
502
MW 04 Extract from Medical Faculty Personnel List for University of Otago, New Zealand, 2001
503
MW 05 Faxes Medical Council of New Zealand to Registration bodies and Regulatory agencies 13 December 1999 504
MW 06 Letter Medical Council of New Zealand to Miles Wislang 12 November 2001 506

6. Opinion of Privy Council

7. Queens Order in Council

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