Tweet Z v Dental Complaints Assessment Commission [2008] NZSC 55 is the subject of this post, as well as of this one and this one.  Set out in this post is the entirety of the three sets of reasons’ discussion of the appropriate standard of proof in disciplinary prosecutions, starting with those of the plurality [...]

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Tweet In Z v Dental Complaints Assessment Committee [2008] NZSC 55, which I wr0te about in my last post, the Chief Justice of New Zealand, Dame Sian Elias, argued in a powerful dissent that the standard of proof required in disciplinary proceedings should be the criminal standard, as it is in England.  This is her [...]

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Tweet Z v Dental Complaints Assessment Committee [2008] NZSC 55 is an important case which considers in depth just how quasi-criminal professional discipline proceedings should be.  It is a decision of New Zealand’s Supreme Court, their equivalent of our High Court, now 6 years old.  It considers the disciplinary prosecution of a dentist, acquitted of [...]

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Tweet Quis Custodiet Ipsos Custodes has a useful post today about two matters of interest to this blog: how the rules of evidence apply in tribunals which are not bound by them, and the reminder in Briginshaw v Briginshaw (1938) 60 CLR 336 that the more serious the allegations, the more positively persuaded of them [...]

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