Judge Ian Thomas yesterday challenged a High Court decision to overturn his ruling that the name Green Pharmasy and its owner Janice Priest did not breach the Pharmaceutical Act.
Judge Thomas, in the Tauranga District Court, said that despite the High Court ruling, "this court is still firmly of the view that no offence has been committed."
The saga began in January when the Pharmaceutical Society took Ms Priest to court for calling her Cameron Rd natural health centre The Green Pharmasy.
The society considered the name pharmacy, however spelled, was its property and took Ms Priest to court alleging she had breached the act.
The society lost the first round in the Tauranga District Court in January, when Judge Thomas said the use of the word on the sign outside Ms Priest's business would be unlikely to mislead a member of the public into believing it was a chemist's shop.
The society appealed against his decision in the High Court, where Justice Rod Hansen overturned the decision in July, saying Judge Thomas had misapplied legal precedents that involved the word accountant.
The matter was referred back to the Tauranga District Court for sentencing, where Judge Thomas had the last word yesterday, saying the word accountant and accountancy featured in the legal discussion about the Pharmasy case because there was case law, but the use of the word accountant was legally more strictly proscribed than pharmacist.
He said that in reaching its decision the High Court did not refer to the criminal standard of proof required - that of beyond reasonable doubt.
He granted leave for the application to be withdrawn and made no order for costs.
The former Green Pharmasy is now called Healthy Options Therapy Centre.
- NZPA
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