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…