A Hawke's Bay doctor who had been allowed to work while facing charges of stupefying and indecently touching patients has been ordered to stop working.

The doctor, who has name suppression, has pleaded not guilty to 13 charges relating to four patients. Five charges were for stupefying and eight were for indecent assault.

The Medical Council suspended the doctor's practising certificate late last year but he appealed this and continued working with a different employer from the one with whom his offending is alleged to have happened.

The doctor's application was dismissed by the District Court in February but he then lodged an appeal in the High Court.


In a judgement released this week, Justice Toogood dismissed the application, stating the doctor's practising certificate would expire on April 11 at 8am. This would give him and his employer time to make arrangements for the care of his patients.

Justice Toogood said the proposed grounds for appeal did not raise questions of law that were of general or public importance, and there was no risk of miscarriage of justice.

Justice Toogood's judgement

states a police investigation was launched after a young man came forward with an allegation in 2014.

The offending is alleged to have happened in a darkened surgical room, treatment and toilet cubicles.

The Medical Council of New Zealand was notified and the doctor agreed to always have a chaperone present and to refrain from using conscious sedation during consultations.

Another three complainants subsequently came forward with allegations.

Section 69 of the Health Practitioners Competence Assurance Act 2003 allows the council to either suspend or impose conditions on a doctor when there are pending criminal or disciplinary proceedings, and when the doctor is alleged to have engaged in conduct that "casts doubt on the appropriateness of the doctor's conduct or his or her professional capacity".

A Medical Council of New Zealand spokesman said the doctor's certificate came up for renewal when the court was still allowing him to work under certain conditions and the council were also bound to comply with that decision.

The doctor has elected trial by jury.

Justice Toogood's judgment states the District Court trial was "unlikely" to take place until the end of this year and possibly not until the start of next year.