7 Dec 2007
HEALTHCARE PROVIDERS NZ INC AND ANOR V DHBS HC WN CIV-2007-485-1814
- Citation
- openlaw-11bf4b1a_c271_4e69_98a0_3ba619e3d49a.pdf
- Court
- High Court
The court held that although DHBs had power under s25 to include measures capable of promoting health outcomes (A4 wage pass-through could be within statutory purposes), the inclusion of the collective-agreements clause A5 was implemented in circumstances amounting to an effective ministerial direction and the overall process breached the contractual and procedural fairness requirements of the A21 review; accordingly the DHBs' decision to include clauses A4 and A5 was unlawful and a declaratory remedy was appropriate, with orders to set aside adjourned for practical reasons.