Court: herbal firm spelling unacceptable

Tauranga's Green Pharmasy will have to find a new name and possibly the money for a big fine, following a landmark decision by the High Court.

The decision, released yesterday, overturns a Tauranga District Court finding in January that use of the name by a herbal remedies business did not contravene the Pharmacy Act and would be unlikely to mislead the public.

The Pharmaceutical Society laid the charge, the first of its kind under the Pharmacy Act and acknowledged by the High Court as a test case. The society appealed against District Court Judge Ian Thomas' decision, and this went before the High Court in Rotorua on July 3.

Justice Hansen, in a reserved decision, found that Judge Thomas misapplied legal precedents involving accountancy in the absence of previous cases involving the Pharmacy Act and allowed the appeal, referring the case back to the district court for sentence and a judgment on costs.

Green Pharmasy proprietor Janice Ann Priest conceded yesterday that she had "lost a battle," but was pleased to have lifted the profile of herbal and alternative medicine even if she did have to think of a new name for the business.

But she had not yet seen the High Court judgment, and final decisions would have to wait until the as-yet-unscheduled district court hearing.

Justice Hansen ruled that the name Green Pharmasy was likely to be understood to mean that the respondent, Ms Priest, was qualified to act as a pharmacist and was carrying on business as a pharmacist.

He agreed with Judge Thomas that the spelling and an "s" or a "c" were irrelevant.

"I consider that the word 'pharmacy' is associated exclusively in the minds of the public with a business which is carried on by a person holding the requisite qualifications to dispense conventional medicine."

Pharmaceutical Society chief executive Jim Thompson could not be reached for comment.

- NZPA