Lab Tests Auckland Ltd v Auckland District Health Board - [2009] 1 NZLR 776

Administrative law — Judicial review — Decision by district health boards to enter into contract for provision of services — Availability of judicial review — Standard of judicial review applicable — Scope of procedural obligations on district health boards — Whether obligations in addition to those contained in statute — New Zealand Public Health and Disability Act 2000, ss 22, 23, 25, 27, 41, 50, 51 and 87.

Administrative law — Procedural fairness — Conflict of interest — Whether member of district health board associated with successful tenderer had conflict of interest — Circumstances in which duty to disclose conflict of interest — Whether statutory obligations relating to conflicts of interest complied with — Meaning of “conflict of interest”, “transaction” and “interest in a transaction” — New Zealand Public Health and Disability Act 2000, s 6, Schedule 2, cl 6, Schedule 3, cls 36 and 37.

Administrative law — Procedural fairness — Confidential or inside information — Whether certain “soft” information confidential or inside information — Whether improper use of inside information by tenderer — Crown Entities Act 2004, s 57.

Administrative law — Consultation — Obligation on district health boards to consult — Whether consultation obligation arose from non-statutory documents — Whether statutory obligation to consult triggered — Whether legitimate expectation of consultation — New Zealand Public Health and Disability Act 2000, ss 3, 22, 38, 39 and 40.