High Court Wellington
CIV-2020-485-176; [2020] NZHC 1356
25, 26 May; 16 June 2020
Mallon J
CIV-2020-485-176; [2020] NZHC 1356
25, 26 May; 16 June 2020
Mallon J
Statutes — Interpretation — End of Life Choice Act 2019 — Whether rights of hospices and other organisations limited by End of Life Choice Act 2019 — Relationship between mandatory obligations on health practitioners and other duties and obligations as health practitioners — Right to freedom of conscience — Whether Act excludes operation of Code of Health and Disability Services Consumers’ Rights — Competence of health practitioner to provide assisted dying services — Organisations’ funding decisions must be lawful — Code of Health and Disability Services Consumers’ Rights cl 5.
Human rights — New Zealand Bill of Rights Act 1990 — Whether End Life Choice Act 2019 consistent with right to freedom of conscience — Application to hospices as corporate bodies — New Zealand Bill of Rights Act 1990 ss 13, 29.
Practice and procedure — Declarations — Jurisdiction of Declaratory Judgments Act 1908 — Discretion to make declarations in respect of any statute in anticipation of any act or event — (CTH) Jurisdiction of Declaratory Judgments Act 1908 ss 2, 3, 9.
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