15 May 2020
NEW ZEALAND HEALTH TRUST & ANOR v ATTORNEY-GENERAL [2020] NZCA 166
- Citation
- [2020] NZCA 166
- Court
- Court of Appeal
Leave to appeal was declined because on the material before the Court the applicants did not establish a strong case; there was prima facie evidence that Arthrem is sold for therapeutic purposes and thus likely a "medicine" under the Medicines Act; Medsafe followed established processes, including expert committee advice and adverse reaction reports, and there was sufficient evidence to justify a precautionary response given potential liver toxicity risk; on balance of convenience the public health risk outweighed the private commercial loss of the applicants.