News Video | Policy | GPs | Hospitals | Medical | Mental Health | Welfare | Search


Care Providers Win Judicial Review against DHBs

8 December 2007

Aged Care Providers Win Judicial Review against DHBs

The High Court in Wellington has agreed with providers of quality aged care
in New Zealand that District Health Boards are acting unlawfully by
inserting collective agreement clauses into service agreements.

Justice McGechan yesterday ruled in favour of aged care providers who took
judicial review proceedings against DHBs for inserting collective agreement
and passing-on clauses in service agreements.

The chief executive of HealthCare Providers NZ, Martin Taylor, said today
that DHBs had been working secretly with unions to orchestrate a rise in the
number of collective agreements. The judgment declared that DHBs acted
unlawfully in deciding to include clauses A4 and A5 in aged care providers'
service contracts.

"A major part of this case was about how and when a Minister can direct
government agencies to do things they don't agree with. The High Court
agrees with HealthCare Providers that the Minister overstepped his
boundaries and acted improperly", Mr Taylor said.

This case was not about whether care providers were passing on funding
targeted for caregivers and cleaners, as unions claimed during the hearings.

The case was about playing fair and meeting consultation obligations. The
court believed DHBs did neither of these two things, he said.

The full judgment can be found at under
'important papers'


© Scoop Media

Culture Headlines | Health Headlines | Education Headlines


Howard Davis: Emerald Fennell's Promising Young Woman'

The Guardian needed not one, but three reviews to do justice to Fennell's unsettling approach, which indicates exactly how ambiguous and controversial its message really is. More>>

Howard Davis: Jill Trevelyan's Rita Angus

Although Angus has become one of Aotearoa’s best-loved painters, the story of her life remained little known and poorly understood before Jill Trevelyan's acclaimed and revelatory biography, which won the Non Fiction Award at the Montana New Zealand Book Awards in 2009, and has now been republished by Te Papa press. More>>

Howard Davis: The Back of the Painting

Painting conservators are the forensic pathologists of the art world. While they cannot bring their subjects back to life, they do provide fascinating insights into the precise circumstances of a painting's creation, its material authenticity, and constructive methodology. More>>

Howard Davis: Black Panthers on the Prowl

A passionate and gripping political drama from Shaka King, this is an informative and instructive tale of human frailty that centers around the charismatic Chicago Black Panther leader Fred Hampton, who was murdered at the age of twenty-one during a police raid. More>>

Howard Davis: Controlling the High Ground

Stephen Johnson's raw and angry film not only poses important questions with scrupulous authenticity, but also provides a timely reminder of the genocidal consequences of casual bigotry and xenophobia. More>>

Howard Davis: Dryzabone - Robert Conolly's The Dry

After the terrible devastation caused by last year’s bushfires, which prompted hundreds of Australians to shelter in the ocean to escape incineration and destroyed uncountable amounts of wildlife, The Dry has been released during a totally different kind of dry spell. More>>

Howard Davis: Hit the Road, Jack - Chloé Zhao's Nomadland

Nomadland is perhaps the ultimately 'road' movie as it follows a group of dispossessed and disenfranchised vagabonds who find a form of communal refuge in camp sites and trailer parks after the economic contraction of 2008. More>>



  • Wellington
  • Christchurch
  • Auckland