15 Jun 2023
NEW ZEALAND INDEPENDENT COMMUNITY PHARMACY GROUP v TE WHATU ORA [2023] NZHC 1486
- Citation
- [2023] NZHC 1486
- Court
- High Court
The Court held that (1) the DHBs' decisions to enter ICPSAs were essentially commercial contracting decisions subject to a narrow scope of judicial review and, on the evidence, the ICPG's challenges to HVDHB and Hauora Tairāwhiti failed on sufficiency, rationality and Treaty grounds; expert evidence on merits was inadmissible; (2) however, the Ministry's grant of pharmacy licences to RX8 under Medicines Act s55D was unlawful because the Licensing Authority applied an incorrect "negative control" interpretation of "effective control" — effective control requires pharmacists to have determinati…