7 Aug 2017
CHAMBERLAIN v MINISTRY OF HEALTH [2017] NZHC 1821
- Citation
- [2017] NZAR 1271
- Court
- High Court
The Court held the Ministry's funding decisions were lawful and within the FFC Policy: 'personal care' and 'household management' as used in the HCSS and FFC policies refer to discrete task-based services (eg showering, dressing, meal preparation, cleaning) measured in hours and do not encompass general supervision or 24/7 oversight; the decisions were not unreasonable, the FFC policy is authorised by pt 4A of the Act and not inconsistent with s3 or human rights provisions on the facts, and no enforceable substantive legitimate expectation to 40 hours arose.