Auckland Area Health Board v Attorney General - [1993] 1 NZLR 235

Medicine, pharmacy and related professions — Medical practitioners — Patient on ventilatory-support system — Patient surviving in a "living death" - Whether ventilatory-support system a "necessary of life" in the circumstances — Whether "lawful excuse" to withdraw support when treatment lacks any therapeutic or medical justification — Whether withdrawal legal cause of death — Whether "bodily injury" if doctor acting in accordance with good medical practice — Whether doctor following good medical practice liable to criminal prosecution — Crimes Act 1961, ss 151(1) and 164.

Medicine, pharmacy and related professions — Medical practitioners — Elements of good medical practice — Whether good medical practice imposes duty to prolong life or to defer death by continuing life-support system — Observations as to purpose of medical science and technology.

Practice and procedure — Jurisdiction — Declaration — Whether declaration available where criminal jurisdiction exists — Whether declaration necessary to establish lawfulness of doctors' proposed withdrawal of life-support system — Exercise of Court's discretion under Declaratory Judgments Act 1908.

Practice and procedure — Parties — Medical practice — Withdrawal of life-support system — Need to consider important factual and legal questions — Prosecutorial discretion and prerogative powers of Crown — Whether Attorney-General should be a party — Whether Attorney-General should appear as an amicus curiae or as an intervenor.