New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Health information privacy code r 11(2)(d)

Legal area

Court

6 Dec 2021

TE POU MATAKANA LIMITED v ATTORNEY-GENERAL [2021] NZHC 3319

Citation

[2021] NZHC 3319
Court

High Court

The Ministry misapplied r 11(2)(d) by effectively reintroducing an imminence requirement and setting the 'necessary' threshold higher than 'needed or required'; it failed to undertake an evidence-based assessment of the anticipated effectiveness of disclosing the requested individual-level data and of identified less privacy-intrusive alternatives; reliance on iwi governance concerns and process amounted to imposing an authorization requirement and the exclusion of applicants from key consultation materially breached natural justice; the Director-General's refusal and exercise of discretion w…
21 Oct 2021

TE POU MATAKANA LIMITED v ATTORNEY-GENERAL [2021] NZHC 2833

Citation

[2021] NZHC 2833
Court

High Court

The Privacy Commissioner was granted leave to intervene because interpretation and application of r 11(2)(d) is central to the judicial review and of wider public importance, and the Commissioner is uniquely qualified to assist the Court; leave was granted subject to conditions limiting scope and timing of submissions to avoid expansion of issues, delay and increased costs.