About the Inquiry

Dr Michael Bottrill, retired pathologist of Gisborne and former owner of the Gisborne Medical Laboratory, was found to be negligent in reading certain cervical smears in an April 1999 judgement following court action brought by a woman (‘Mrs A’) who developed invasive cancer. However, the Accident Compensation Corporation regime barred normal claims of negligence. Mrs A was not awarded exemplary damages by the Court as gross negligence was not found.

Anecdotal accounts of other cases, where mis-reading of smear tests by Dr Bottrill were alleged, were brought to the attention of the HFA shortly after this.

The HFA decided there was sufficient concern to warrant re-reading of all Dr Bottrill’s cervical smear slides which were still kept (from 1990 to 1996, when he retired).

When the first fifth of these slides had been re-read by a Sydney laboratory, it reported that Dr Bottrill had picked up only 15 percent of those found by the Sydney laboratory to have high grade abnormalities.

The Minister of Health announced an Inquiry into the under-reporting of cervical smear abnormalities in the Gisborne region immediately after the HFA’s announcements of the interim results of the re-reading of Dr Botrill’s smear slides.

Frequently asked questions about the Inquiry

Q When will the Inquiry be starting, and where will it be held?
A The first hearing of the Inquiry will be on Monday, 10 April 2000 at 10.00 a.m. The venue for the Inquiry hearings will be at Level 1, South Tower, Quay Point Building, 1 Gladstone Road, Gisborne (access from Reads Quay).

Q How long is the Inquiry expected to be sitting in Gisborne?
A The Inquiry sat in Gisborne from 10 April until 11 May (inclusive). It then took a break and resumed hearings on Monday, 3 July and sat until the 6th of August 2000. It will reconvene again in September 2000. The reason for the break between mid-May and early July is because of the professional commitments of Professor Duggan, the pathologist on the Panel. Also, the HFA analysis of the Gisborne smear re-screening was not  available until July and that was very important evidence for the Panel to hear.

Q What is the Inquiry about?
A Essentially, the Inquiry is to try and find out the reasons for the apparently high under-reporting of abnormal smears in the Tairawhiti region, and to try and find out if there are other areas that may have similar levels of under-reporting. One of the main areas of focus for the Inquiry is to ensure that all of the necessary safeguards are in place for the National Cervical Screening Programme. The Inquiry has a national focus, and is concerned how the National Cervical Screening Programme operates and delivers cervical screening services to women throughout NZ, and how other professional bodies relate to and interact with that Programme.

Q Is there room for the public to attend the hearings of the Inquiry?
A There is public seating for approximately 100-150. The Inquiry will operate very much like a formal Court hearing. The Inquiry Panel members sit at the front of the room (where the Judge would normally sit). There is a Registrar in front, a witness box, and then rows of tables for the lawyers. The public seating, like in a Court room, is a separate area at the back of the hearing room.

Q What about children attending the Inquiry with their mothers or whanau?
A. Like any normal Court sitting, children will be permitted inside the hearing room as long as they sit quietly and do not disrupt the proceedings. It is important that the Inquiry Panel, lawyers and other members of the public are able to hear the evidence being given without disruption.

Q Are there any other facilities available for the children at the hearings?
A. The Minister of Health offered childcare as part of a support package to women affected. Women presenting submissions to the Cervical Screening Inquiry can access the childcare they need by telephoning 0800 367 8473.

Q Can women affected by the mis-reading of smears in Gisborne apply to the Inquiry Panel for funding for transport or childcare to enable them to attend the hearings?
A. The Minister of Health has announced that any woman affected by the misreadings and who is making a submission to the Inquiry may apply for childcare and information on transport options by telephoning 0800 367 8473.

Q Who appeared as witnesses at the Inquiry?
A There was be some evidence from women who have been affected by the cervical smear mis-readings. There were then witnesses from the Ministry of Health, Health Funding Authority, Professor David Skegg (NZ), Dr Euphemia McGoogan (UK), Cancer Society, Women’s Health Information and Resource Trust, Royal College of Pathologists of Australasia, Medical Council of New Zealand, the Association of Community Laboratories, Telarc/IANZ, a representative from the reviewing laboratory in Sydney, Tairawhiti Healthcare Ltd, the Iwi Health Authorities, Medlab Gisborne/Hamilton, Women’s Health Action Trust.

Q Were the media allowed at the Inquiry hearings?
A Whenever the hearings were being heard publicly, there was no restrictions on media attendance at the Inquiry. The Inquiry Panel did, however, reserve the right to limit media presence if it is found to be interrupting  the proper conduct of the proceedings. It was also open for any witness to indicate to the Panel if they require restrictions in respect of the evidence they will be giving. The Panel considered each witnesses' request on an individual basis, but naturally made any rulings required to protect confidential information, such as information that identified women affected who gave evidence.

Q Will the Inquiry Panel be making any media statements during the course of the Inquiry?
A No. The Inquiry Panel will reserve any media statements until after they have provided their report to the Minister of Health. This is expected to be about two months after the conclusion of the Inquiry hearings. Counsel assisting the Inquiry will be the only source of media comment during the course of the Inquiry.

Q What happens after the hearings of the Inquiry have finished?
A The Inquiry Panel will review all of the evidence they have heard throughout the hearings. They will then draft a report which will contain the Panel’s findings and any recommendations. The report is scheduled for release on April 11,2001, and will be posted on this site.

Q Is the Government bound to act on any recommendations made by the Inquiry Panel?
A No. The Government is not bound by any recommendations made by the Inquiry in its final report. However, the Minister of Health set up the Inquiry to find out about any necessary safeguards for the National Cervical Screening Programme in Gisborne and elsewhere so that they could be implemented.

For further information contact Royden Hindle or Hanne Janes, who can be contacted through the Inquiry office on (09) 309 4236.