20 Mar 2007
DIAGNOSTIC MEDLAB LTD V AUCKLAND DISTRICT HEALTH BOARD, WAITEMATA DISTRICT HEALTH BOARD, COUNTIES-MANUKAU DISTRICT HEALTH BOARD AND ORS HC AK CIV 2006-404-4724
- Citation
- openlaw-d5e4dee6_89fd_4c86_8c75_4ca42849466c.pdf
- Court
- High Court
ARDHBs' decision to award the Auckland community laboratory contract to Lab Tests was procedurally tainted: ADHB member Dr Bierre had undeclared and inadequately managed conflicts and used privileged DHB information to the Consortium's advantage (breach of Crown Entities Act s57 and PHD Act disclosure duties), and the ARDHBs failed adequately to consult PHOs on significant service changes; these procedural errors rendered the decision ultra vires and the contract invalid and of no effect, and declarations setting aside the decision and contract were ordered, subject to the court's remedial di…