5 Dec 2023
MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE [2023] NZCA 621
- Citation
- [2023] NZCA 621
- Court
- Court of Appeal
Some orthoses are 'similar devices' within the meaning of s 4(b) of the Artificial Limb Service Act 2018 because the statutory definition and context (text, purpose, legislative and clinical history) allow a device to qualify by similarity of form and/or function to an artificial limb; accordingly the Service may lawfully supply some orthoses and orthotic services, but not all orthoses automatically fall within the definition; the Court declined to grant the broad declaratory relief sought because the proposed declarations were impracticable, would introduce undefined concepts not in the Act,…