9 Oct 2015
MEEK v CAPITAL & COAST DISTRICT HEALTH BOARD [2015] NZHC 2485
- Citation
- [2015] NZHC 2485
- Court
- High Court
The Court affirmed the District Court's strike out: rights in the Code are enforced through HDC remedies and do not support a private statutory cause of action; the appellant failed to plead the elements necessary for a novel common law duty of care and did not demonstrate an ability or willingness to amend to plead such a duty, therefore the statement of claim disclosed no reasonably arguable cause of action.