Nursing Council of New Zealand
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Annual Report 2013
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48
These cases representing serious
professional misconduct by nurses are
relatively rare and represent only a tiny
proportion of the 50,060 nurses
currently practising.
Charges of professional misconduct
successfully prosecuted in 2012-2013
Full details about these cases can be
found at www.hpdt.org.nz.
Most nurses who are prosecuted are
required to pay contributions towards
the costs of the PCC investigations and
the HPDT hearings. For succinctness
the costs imposed on nurses are not
reported here.
1. Sexually inappropriate behaviour
A registered nurse was suspended
for three months after being found to
have breached professional boundaries
following incidents in which he behaved
in a sexually inappropriate and
unprofessional manner with two student
nurses who were on placement in the
Mental Health Unit of the Wairarapa
DHB where he worked. When the nurse
resumed practice, he was not to take a
leadership or preceptorship role for three
years. He was also to complete a course
on ethical behaviour and boundaries and
to be supervised for 18 months.
2. Practising while suspended
An Auckland nurse had her registration
cancelled after pleading guilty to
practising while suspended. The Tribunal
found that she had had an opportunity to
rehabilitate herself after being suspended
in June 2011 for six months for forging a
prescription, but that she had chosen not
to do so. When her employer discovered
she was suspended, the nurse resigned
and went on to get another job by
altering the expiry date on her annual
practising certifcate from 2011 to 2012.
Cancellation of registration was deemed
to be the appropriate penalty for
such dishonesty.
3. Inappropriate sexual relationship
A former Dunedin registered nurse was
found guilty of professional misconduct
after forming a sexual relationship with
a patient. He also nursed the woman
on two subsequent occasions when
she was readmitted to hospital, even
though by that stage the couple were
romantically involved. He did not tell
the hospital authorities about their
relationship. The Tribunal found that
forming a sexual relationship with a
patient is regarded with the strongest
condemnation by all health professionals.
It suspended him for three years. This
penalty was successfully appealed in
the High Court.
4. Inappropriate behaviour towards
patients
A former Dunedin registered nurse was
found guilty of professional misconduct
after behaving in an inappropriate and/
or verbally abusive and/or physically
inappropriate manner towards patients
under his care. The Tribunal found the
behaviour completely unacceptable
in a nurse in any environment and his