3 Dec 2012
THE ATTORNEY-GENERAL ON BEHALF OF THE MINISTRY OF HEALTH V IDEA SERVICES LIMITED (IN STATUTORY MANAGEMENT) HC WN CIV 2011-485-1562
- Citation
- openlaw-6bd31f35_81f0_4ed5_9425_b9284a7c901d.pdf
- Court
- High Court
The SMT decision to cease new referrals for day services for people exiting MSD-funded vocational services on turning 65 constituted differential treatment based on age and thereby limited the right to be free from age discrimination; although the decision fell within the MOH's statutory funding discretion (thus having legal authority), it was not a reasonable limit under NZBORA s5 because it was not shown to be minimally impairing or proportionate given the lack of considered investigation, absence of explored non-discriminatory alternatives and inadequate balancing of human rights and fisca…