Media Release

2 June 2006

Insufficient Evidence to Prosecute

The Medical Council made a complaint to the Ministry of Health in February this year about the activities in New Zealand of Dr Philip Nitschke.

Dr Nitschke is an Australian doctor who led voluntary euthanasia information workshops in New Zealand. Dr Nitschke also provides advice and information about voluntary euthanasia via the internet.

The Ministry of Health has reviewed the complaint and other material provided to it by the Medical Council and has decided that there is insufficient evidence to support a prosecution against Dr Nitschke at this time.

Before commencing any prosecution, the Ministry must be satisfied that at least a prima facie case is identified. The relevant statutory provision in Dr Nitschke’s case is section 7 of the Health Practitioners Competence Assurance Act 2003, which provision permits the Ministry to prosecute any person unlawfully practising medicine in New Zealand.

ENDS

Questions and Answers

Why was the Ministry of Health asked to investigate the activities of Dr Philip Nitschke?
Dr Nitschke is registered as a medical doctor in Australia but he has not applied for professional registration in New Zealand. The Medical Council of New Zealand considered that Dr Nitschke was practising medicine when he led workshops on palliative care and provided information about methods of ending one’s life, earlier this year.

On what grounds could a prosecution be laid against Dr Nitschke?
The relevant statutory provision is section 7 of the Health Practitioners Competence Assurance Act 2003. Section 7(2) of the HPCAA provides that an unqualified person must not claim to be qualified to practise as a health practitioner:

“No person may claim to be practising a profession as a health practitioner of a particular kind or state or do anything that is calculated to suggest that the person practises or is willing to practise a profession as a health practitioner of that kind unless the person—

1. is a health practitioner of that kind; and
2. holds a current practising certificate as a health practitioner of that kind.”

The Courts may impose a fine not exceeding $10,000 on any person convicted of an offence under section 7 of the HPCAA. The offence does not carry any term of imprisonment.

Why is the Ministry not taking the matter any further?
When making a decision as to whether or not to commence any prosecution, the Ministry must, amongst other things, ensure that the evidence is sufficiently strong to establish a prima facie case, and to indicate that there is a good prospect of securing a conviction.

On the information available to the Ministry it has come to the view that there is insufficient evidence to support legal action against Dr Nitschke at this time.

For further information contact:
Victoria Evans
Media Advisor
04 4962036