Disciplinary developments in New Zealand

Abstract

Background New Zealand's disciplinary regimen has particular significance because victims of personal injury are almost entirely barred from suing for common law damages in civil proceedings. Contents This article examines the New Zealand legal system, and considers how it attempts to maintain the accountability of medical professionals, while preventing the rising tide of litigation seen in other jurisdictions. Generally, New Zealanders do not have recourse to traditional malpractice litigation. One aim of tort litigation is to hold the responsible individuals accountable for their actions. In the absence of malpractice litigation, New Zealand's approach to maintain accountability by health professionals includes a code of consumers' rights, competence assurance legislation, and a disciplinary tribunal. This disciplinary body offers a valuable international comparator because it applies across the health professions. Case studies from select health professions (occupational therapy, osteopathy and physiotherapy) reveal the types of misconduct that qualify for discipline and the corresponding penalties. Conclusions New Zealand's disciplinary regimen functions as a form of preventive law on behalf of health providers and their patients. All therapists need to be aware of the relevant rules and regulations in their own jurisdiction, but it is important to consider those of others.