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Court Judgement vindicates Ministry of Health tender process

Hon Peter Dunne
Associate Minister of Health

16 December 2016
Media Statement

Court Judgement vindicates Ministry of Health tender process

Associate Health Minister Peter Dunne has welcomed today’s Court of Appeal’s decision, dismissing the Problem Gambling Foundation’s challenge to the Ministry of Health’s procurement process for problem gambling services.

The High Court had, in July last year, set aside the Ministry’s decision to award the contracts for problem gambling services to new providers which effectively prevented the Ministry from delivering its preferred mix of services in accordance with its six year strategic plan.

Today’s decision emphasised that judicial review of procurement (contracting) decisions is usually available on a very narrow basis, given that such decisions are ordinarily of a commercial nature and do not raise issues relevant to the public interest.

Alternative avenues such as the Ombudsman’s office and the Auditor-General are available to ensure that the discharge of public powers and duties is taken with integrity and competence.

“I said at the time that I thought that the Ministry had undertaken a robust, independent, peer reviewed process and the Court of Appeal’s decision affirms this”, says Mr Dunne.

“Frankly, a lot of time and resources have been wasted through the judicial review process initiated by the Problem Gambling Foundation, which could have otherwise been far more effectively utilised. It is particularly pleasing to see that the hard work that was put in from the outset by Ministry of Health officials has been vindicated.”

The Court of Appeal’s decision will not impact on current contracts as the Ministry has extended its original contracts with all providers, including the Problem Gambling Foundation, until June next year. Help remains available to people experiencing gambling harm”, Mr Dunne said.

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