Pursuant to sections 42 (1) (b), 42 (2) (a), 42 (3) and 48A of the Nurses Act 1977, the Nursing Council of New Zealand (“the council”), in a decision dated 16 August 2004, ordered that Ido Funcke, registered comprehensive nurse, have
his name removed from the Register and that he could apply for reinstatement after six months at which time he must provide evidence to the council that he had undertaken professional education in the area of managing mental health clients with challenging behaviours.
It was also ordered that Ido Funcke pay $10,100.00 (being 40%) of the actual costs and expenses of and incidental to the prosecution by the preliminary proceedings committee and inquiry by the council, and that a notice stating the effect of the orders be published in the Nursing Council’s Newsletter, New Zealand Gazette and Kai Tiaki: Nursing New Zealand, and released to accredited members of the media on request.
Due to the seriousness of Ido Funcke’s actions, the council concluded that his name should be known.
It noted there are no special circumstances in this case that might justify ongoing suppression.
No identifying details of other health professionals, institutions or clients are to be published.
Appeal
Pursuant to section 50 (1) of the Nurses Act 1977, Judge Goddard, in a High Court decision dated 21 October 2004, ordered that the penalty of removal from the Register for six months be quashed and Ido Funcke would be censured for his conduct.
In view of the partial success of the appeal, an award of costs in Ido Funcke’s favour was made in the sum of $3,000.00.