Medical Practitioners Act 1995


1 Short Title and commencement

I: Preliminary Provisions
2 Interpretation
3 Principal purpose
4 Approved medical schools and universities
5 Council to review approvals
6 Provisions relating to requirements, approvals, and agreements
7 Exercise of powers in relation to multiple registration
8 Act binds the Crown

II: Restrictions on Practice of Medicine
9 Practice of medicine
10 Misleading descriptions
11 Duty of practitioners in respect of family planning

III: Registration

General Provisions
12 Types of registration
13 Fitness for registration

Probationary Registration
14 Qualifications for probationary registration
15 Holders of probationary registration to practise only with approved persons
16 Supervision of practitioners holding probationary registration
17 Effect of probationary registration
18 Cancellation of probationary registration

General Registration
19 Qualifications for general registration
20 Effect of general registration

Vocational Registration
21 Recognised branches and sub-branches of medicine
22 Qualifications for vocational registration
23 Effect of vocational registration

Temporary Registration
24 Qualifications for temporary registration
25 Effect of temporary registration
26 Amendment of temporary registration
27 Cancellation of temporary registration

Interim Registration
28 Qualifications for interim registration
29 Granting of interim registration
30 Effect of interim registration
31 Extension of interim registration
32 Cancellation of interim registration

Procedure for Registration
33 Applications for registration
34 Procedure for considering applications
35 Applications for re-registration
36 Decisions of Council on registration

Register of Medical Practitioners
37 Register
38 Certificates relating to registration
39 Entry of additional qualifications in register
40 Practitioner to notify change of name or address
41 Correction of register
42 Revision of register
43 Notification of death of medical practitioner
44 Removal from register on request
45 Removal from register on Council's order
46 Removal of qualifications or overseas registration
47 Effect of suspension of registration
48 Surrender of certificate of registration
49 Publication and inspection of register
50 Notice of conditions imposed on registration or practising certificate

IV: Practising Certificates
51 Applications for annual practising certificate
52 Restrictions on issue of annual practising certificate
53 Procedure for considering applications
54 Decisions of Council as to practising certificates
55 Currency of annual practising certificate
56 Council may make rules prescribing when annual practising certificates in force
57 Interim practising certificate
58 Endorsements on practising certificates
59 Surrender of practising certificate

V: Competence
60 Review of practitioner's competence
61 Procedure on review of competence
62 Competence programmes
63 Recertification programmes
64 Unsatisfactory results of competence programme or recertification programme
65 Confidentiality of information

VI: Quality Assurance Activities
66 Interpretation
67 Purpose of this Part
68 Minister may declare activity to be quality assurance activity
69 Duration of declaration
70 Confidentiality of information
71 Exceptions to prohibition on disclosure
72 Minister may authorise disclosure of information
73 Exclusion of liability
74 Notices deemed to be regulations
75 Review of operation of this Part

VII: Condition Affecting Fitness to Practise Medicine
76 Notification of condition affecting fitness to practise medicine
77 Power to seek medical advice
78 Duty of Registrar
79 Interim suspension of registration in cases of suspected condition affecting fitness to practise
80 Power to order medical examination
81 Restrictions may be imposed on practice on account of condition affecting fitness to practise
82 Revocation of suspension or conditions

VIII: Discipline

Complaints against Medical Practitioners
83 Complaints against practitioners
84 Notification of complaint made to Health and Disability Commissioner
85 Notification of convictions
86 Suspension of action while matter under investigation by Health and Disability Commissioner
87 Referral of complaints and notices of conviction to complaints assessment committee

Complaints Assessment Committee
88 Complaints assessment committee
89 Complaints assessment committee to regulate own procedure
90 Information to be given to practitioner and complainant
91 Requests for changes to membership of complaints assessment committee
92 Determination of complaint by complaints assessment committee
93 Procedure after complaints assessment committee makes determination
94 Settlement of complaint by conciliation
95 Complaints assessment committee may recommend exercise of powers under section 104

Medical Practitioners Disciplinary Tribunal
96 Medical Practitioners Disciplinary Tribunal
97 Functions of Tribunal
98 Membership of Tribunal
99 Panel
100 Hearings by Tribunal
101 Further provisions relating to Tribunal in First Schedule

Procedure and Decisions of Tribunal
102 Laying of charge before Tribunal
103 Notice of disciplinary proceedings to be given to practitioner
104 Interim suspension of registration or imposition of conditions of practice in disciplinary matters
105 Practitioner may apply for revocation of order
106 Hearings of Tribunal to be in public
107 Special protections for complainants
108 Application for revocation of order made under section 106
109 Grounds on which medical practitioner may be disciplined
110 Penalties
111 Powers of Tribunal in relation to restoration to register
112 Orders of Tribunal

Miscellaneous Provisions
113 Funding of Tribunal and disciplinary proceedings
114 Recovery of fines and costs

IX: Appeals
115 Notice of right to appeal
116 Rights of appeal
117 Orders to have effect pending determination of appeal
118 Procedure on appeal
119 District Court may refer appeals back for reconsideration
120 Orders as to costs and publication of names, etc.
121 Appeal on question of law

X: Medical Council of New Zealand
122 Medical Council of New Zealand
123 Functions of Council
124 Membership of Council
125 Council to make rules relating to elections
126 Council may set fees
127 Disciplinary levy
128 Further provisions relating to fees and levy
129 Application of fees and other money
130 Annual report
131 Statistical information
132 Further provisions relating to Council in Second Schedule

XI: Miscellaneous Provisions

133 Certificate of Registrar or Secretary to be evidence
134 Council may withhold information in certain circumstances
135 Exclusion of liability
136 Proceedings not invalid on account of defect in appointment
137 Notice and service of documents
138 Publication of orders
139 Reference to medical practitioners in other Acts

140 Regulations

Offences and Penalties
141 False declarations and representations
142 Failure to comply with Act

Consequential Amendments, Repeals, and Revocations
143 Consequential amendments, repeals, and revocations

Transitional Provisions
144 Specialists and general practitioners
145 Registered medical practitioners
146 Persons conditionally registered
147 Persons holding provisional certificates or probationary or temporary registration
148 Transitional provisions relating to persons whose registration is suspended
149 Registrar to give effect to transitional provisions
150 Transitional provisions relating to membership of Council
151 Auckland and Otago medical schools deemed to be approved institutions
152 Hospitals and other institutions approved under section 16 of Medical Practitioners Act 1968
153 Transitional provisions relating to existing proceedings
154 Disciplinary offences committed before commencement of this Act


1 FIRST SCHEDULE: Provisions Applying in Respect of the Medical Practitioners Disciplinary Tribunal
2 SECOND SCHEDULE: Provisions Applying in Respect of Medical Council of New Zealand
3 THIRD SCHEDULE: Enactments Amended
4 FOURTH SCHEDULE: Enactments Repealed
5 FIFTH SCHEDULE: Regulations and Orders Revoked