New Zealand Case Law: Decisions & Judgments

Topic

Scope of statutory functions

Legal area

Court

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,…
11 Jul 2022

MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE [2022] NZHC 1629

Citation

[2022] NZHC 1629
Court

High Court

The applicant failed to obtain the declarations sought because the Court rejected its narrow statutory interpretation and made no finding that the Service acted unlawfully; accordingly the respondent was the successful party and was entitled to costs on a 2B basis totaling $27,506.49.
27 Apr 2022

MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE (NO 2) [2022] NZHC 839

Citation

[2022] NZHC 839
Court

High Court

While the court accepted that 'similar device' can include orthotic devices that support a limb and promote mobility (and may include devices that reduce an appreciable risk of amputation), it refused to grant the broad declaratory relief sought because the proposed formulations were insufficiently specific, risked generating further litigation, and the evidence and submissions were case‑specific; accordingly the principal judgment stands but no formal declaration is made.
28 Mar 2022

MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE [2022] NZHC 577 [28 March 2022]

Citation

[2022] NZHC 577
Court

High Court

The Court held that some orthoses fall within the definition of "similar device" in s 4 of the Artificial Limb Service Act 2018 because the statutory wording, purpose, legislative history and clinical context show Parliament intended a functional/character-based meaning; orthoses that support, restore or promote mobility in missing, partly missing or deficient limbs are "similar devices" to prostheses. However, not all orthoses are necessarily similar devices. The applicant's broad declarations as sought were refused as drafted; the Court invited focused submissions on a practical declaratory…

New Zealand Case Law

MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE [2023] NZCA 621

MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE [2022] NZHC 1629

MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE (NO 2) [2022] NZHC 839

MOVEME HEALTH LIMITED v NEW ZEALAND ARTIFICIAL LIMB SERVICE [2022] NZHC 577 [28 March 2022]