The Nursing Council of New Zealand ("the council"), in
a decision dated 2 November 2005, found Brian Stabb, registered nurse, guilty of two charges of professional misconduct.
The council ordered, pursuant to sections 42(2)(a), 42(3) and 48A of the Nurses Act 1977, that Brian Stabb's name be removed from the Register, but that he may apply for reinstatement after one year.
Had Brian Stabb not been legally aided, the council would have ordered that he pay 50% of the actual costs and expenses of and incidental to the inquiry by the preliminary proceedings committee and the council, however it did order that he pay $50.00, the amount of his contribution to the Legal Services Agency.
The council also ordered that a notice stating the effect
of the orders be published in the New Zealand Gazette, Kai Tiaki: Nursing New Zealand and the council's newsletter.
Appeal
Brian Stabb appealed to the High Court against both the council's finding in respect of Charge 1 and penalty in respect of both charges, pursuant to section 49 of the Nurses Act 1977.
In a High Court decision dated 2 October 2006, Justice Wild dismissed Brian Stabb's appeal.
The decision of the Nursing Council of New Zealand stands in all respects.
MARION CLARK, Registrar