Aged care funding case to go to High Court

Business NZ welcomes the judicial review proceedings now under way to test the lawfulness of disputed terms of contract facing the residential aged care industry. All 21 district health boards are cited (CIV 2007-485-1814).



EMA Legal, the employment law service of Business NZ regional associations EMA Northern and EMA Central, is acting for HealthCare Providers NZ Inc. and the NZ Association of Residential Care Homes Inc.



The issue is whether the conditions that aged care homes must comply with in order to gain DHB funding increases are lawful.



In setting the matter down for hearing in late October or mid November, Chief Judge Randerson said: “…the Court recognises that this is a case which has substantial public interest elements and which warrants priority to be given to it...…it affects not only a large number of providers of residential care facilities throughout the country but also their staff and the patients who are cared for in those facilities.”