Appeal provisions are set out in part 5 of the Health Practitioners Competence Assurance Act 2003.
Rights of appeal to the District Court
A person may appeal to a District Court against any decision or direction of an authority for –
- Declined Registration
- Declined application for change to the existing scope of practice.
- Declined Annual Practising Certificate application.
- Suspension of a practitioner’s practising certificate or registration
- Cancellation of registration
- Inclusion of conditions in a person’s scope of practice or person’s proposed scope of practice.
- Variation of any conditions in a person’s scope of practice.
Rights of appeal to the High Court
This appeal avenue is against a decision of the Health Practitioners Disciplinary Tribunal.
A party may appeal against any determination of law arising in the appeal. If the appeal is from the District Court it must be to the High Court; if it is from the High Court it must be made to the Court of Appeal.
Practitioners will be notified of their appeal rights as appropriate.
An appeal must be brought to the appropriate court by way of notice of appeal in accordance with the rules of the court and must be lodged within 20 working days after the notice of the authority decision or order is communicated to the appellant.
It is normal for a practitioner seeking to exercise a right of appeal to seek the advice and services of a lawyer to act on their behalf.
The Board has a Reconsideration of Decisions Policy that covers other appeals that may include, but are not limited to:
- accreditation decisions for New Zealand optometrists or dispensing optician education programmes.
- eligibility to undertake an Optometrists and Dispensing Opticians assessment
- other decisions that have the potential to have a significant impact on a person’s or an entity’s reputation, or ability to conduct business, or a person’s progress towards registration.
To view the Board’s Reconsideration of Decisions Policy click here.
To view the Board’s Reconsideration of Decisions Process click here.