Medical Practitioners Act 1995

                   Procedure and Decisions of Tribunal

   102. Laying of charge before Tribunal---(1) A charge against a medical
 practitioner may be laid before the Tribunal by---
   (a) The Director of Proceedings, in any case where---
           (i) After conducting an investigation under Part IV of the
         Health and Disability Commissioner Act 1994, the Health and
         Disability Commissioner is of the opinion that any action
         (within the meaning of that Act) that was the subject-matter of
         the investigation, being the action of that medical
         practitioner, was in breach of the Code of Health and Disability
         Services Consumers' Rights for the time being in force under
         that Act; and
           (ii) The Director of Proceedings decides, pursuant to section
         49 of that Act, that proceedings should be taken under this Part
         of this Act against that medical practitioner; or
   (b) A complaints assessment committee, pursuant to section 93 or
         section 94 of this Act.

   (2) Where, under subsection (1) of this section, a charge is laid
 before the Tribunal, the chairperson of the Tribunal shall, as soon as
 reasonably practicable after the laying of the charge, convene a hearing
 of the Tribunal to consider the charge.

   (3) Every charge laid under subsection (1) of this section shall
 include a statement to the effect that the Director of Proceedings or
 complaints assessment committee, as the case may be, has reason to
 believe that a ground exists entitling the Tribunal to exercise its
 powers under section 109 of this Act.

   (4) Any charge laid under this section shall be prosecuted at the
 hearing,---
   (a) Where the charge is laid by the Director of Proceedings, by the
         Director of Proceedings; or
   (b) Where the charge is laid by a complaints assessment committee, by
         that complaints assessment committee,---
 who for that purpose may be represented by counsel or otherwise.