Ryan v Health and Disability Commissioner

[2021] NZSC 143

NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF THE NAME OR IDENTIFYING PARTICULARS OF THE PATIENT REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 98/2021
 [2021] NZSC 143

BETWEEN	CHRISTOPHER RYAN Applicant
AND	HEALTH AND DISABILITY COMMISSIONER Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	S M O’Sullivan and K M Wills for Applicant V E Casey QC for Respondent
Judgment:	2 November 2021

JUDGMENT OF THE COURT

ALeave to appeal is granted (Ryan v The Health and Disability Commissioner [2021] NZCA 347).

BThe approved question is whether the Court of Appeal was correct to uphold the finding of liability under s 72 of the Health and Disability Commissioner Act 1994.

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REASONS

1. The applicant has indicated that his argument will be limited to the interpretation of the proviso in s 72(4) of the Health and Disability Commissioner Act 1994. 

1. The Court is, however, open to hearing argument addressing the application of s 72 to the Medical Centre more generally.

Solicitors:

Wotton + Kearney, Wellington for Applicant
Crown Law Office, Wellington for Respondent