Under sections 130 to 133 of the Health Practitioners Competence Assurance Act 2003, Te Kaunihera Rata o Aotearoa | Medical Council of New Zealand (“Council”) gives notice of an amendment to the notice titled Fees Payable to the Te Kaunihera Rata o Aotearoa | Medical Council of New Zealand from 1 September 2022 (“September notice”) published in the New Zealand Gazette, 8 August 2022, No. 2022-gs3302.

Amendment to September Notice

The September notice is amended by omitting from the opening sentence the expression “payable effective from 12 August 2022” and substituting the expression “payable effective from 1 September 2022”.

Explanatory Note

On 1 June 2022, the Council published a notice of Fees Payable to Te Kaunihera Rata o Aotearoa Medical Council of New Zealand from 1 July 2022 (“July notice”).

The September notice was intended to come into effect on 1 September 2022 and, from that date, to replace the July notice. The July notice was to apply to, and cover, the period 1 July 2022 to 31 August 2022.

The reference to 12 August was an error. The inclusion in the September notice of reference to the date 12 August 2022 was inconsistent with the date of commencement of the September notice (1 September 2022) and amounted in principle to the retrospective imposition of fees. This was not the Council’s intention; the Council fully accepts that the Health Practitioners Competence Assurance Act 2003 does not enable the setting of fees retrospectively.

The September notice is therefore being amended to make clear that the fees in the September notice apply prospectively from 1 September 2022 commencement date, and that the July notice fees applied from 1 July 2022 to 31 August 2022.

Dated at Wellington this 1st day of February 2023.

DAVID DUNBAR, Registrar, Te Kaunihera Rata o Aotearoa | Medical Council of New Zealand.