Wellington District Court. Photo: RNZ / Alexander Robertson
A Wellington District Court Judge has upheld an appeal of the Medical Council's suspension of a GP over conduct relating to Covid-19.
During the pandemic Dr Allison Goodwin posted videos online and signed an open letter challenging the effectiveness of the vaccine and contradicting Ministry of Health messages of its safety.
Goodwin's practising certificate was suspended by the Medical Council in 2021.
Judge K D Kelly said he did not accept Goodwin's submission that her views were presented in a balanced manner.
"Standing back, and looking objectively at these communications, I am satisfied that they were intended to do exactly what the MCNZ said in its letter of 29 October 2022, namely to contradict the public health advice and directions issued by the Ministry of Health," Judge Kelly said
But Judge Kelly found the suspension was a disproportionate measure to ensure that Goodwin did not speak of her views in her capacity as a medical practitioner.
"The impairment caused by the sanction was greater than was reasonably necessary to achieve the objective that Dr Goodwin not challenge the Covid-19 response," he said
Judge Kelly said the Medical Council failed to consider whether other 'less draconian' options may have been available.
He allowed the appeal, reversing the Medical Council's suspension of Goodwin.
Goodwin's practising certificate expired during the suspension and has since been renewed.