Health

We have a comprehensive understanding of the diverse issues affecting the health sector.  Our work with a wide range of public and private health sector clients, and our focus on providing pragmatic advice and effective representation to them, makes us genuine health law specialists.

Overview

We have a leading health law team with specialist lawyers who have spent many years working with, and in, the health sector.  Our expertise in this sector is unmatched by any other major firm. 

We are committed to supporting health sector organisations to manage the vast array of legal issues that they face.  Our thorough understanding of our clients' legal obligations, the structure of the health sector, and the pressures and constraints facing our clients, means that our advice is relevant, practical, cost-effective, strategic and timely.

The health sector in New Zealand is currently undergoing significant reform, starting with the Pae Ora (Healthy Futures) Act 2022 (the Act) that came into force on 1 July 2022.  The Act has made significant changes to the health sector in New Zealand, with the establishment of Te Whatu Ora - Health New Zealand, and Te Aka Whai Ora - Māori Health Authority.  Separately, Whaikaha/the Ministry of Disabled People had been established, incorporating the Disability Services functions of the Ministry of Health.  We are fortunate to be working with Te Whatu Ora - Health New Zealand (and before that with both the Transition Unit within the Department of Prime Minister and Cabinet and interim Health New Zealand) on a wide range of establishment matters and its ongoing work programme. 

The Act also disestablished the 20 District Health Boards (DHBs), the Health Promotion Agency, and various DHB shared service agencies, which are now part of Te Whatu Ora - Health New Zealand.  Many of these entities have been clients of Buddle Findlay for a number of years, and we continue to provide advice and support, and look forward to working with them on future challenges and opportunities as the health reforms bed in.

Health sector reforms 2022 - download pdf

Our broad range of health sector clients includes:

  • Te Whatu Ora - Health New Zealand, the Ministry of Health, the New Zealand Blood and Organ Service, the Health Quality and Safety Commission, Pharmac and Primary Health Organisations
  • Private providers such as aged care providers, community care providers, and private hospitals
  • Registration authorities such as the Medical Council and professional colleges such as the Royal College of General Practitioners
  • Non-government organisations, including charities providing health services.

We regularly advise on matters relating to:

  • The provision of health services including the management of patient complaints, adverse events, and investigations or inquiries, and issues relating to competence, consent, and refusal (including assisting with court applications for treatment or other personal orders)
  • The regulation, management and governance of health services (including the Pae Ora (Healthy Futures) Act and establishment of Te Whatu Ora - Health New Zealand and Te Aka Whai Ora - Māori Health Authority), funding contracts and procurement, and public law issues (including ensuring robust decision-making)
  • Health information management, including the collection, use and disclosure of information, privacy complaints, and compliance obligations relevant to new technologies and systems.

Within our employment, property, commercial and competition teams, we have experts who work extensively with our health sector clients.

 



Work highlights

Advising Te Whatu Ora - Health New Zealand, and before that the Transition Unit in DPMC and interim Health New Zealand

on a wide range of matters relating to the health reforms and the establishment of Te Whatu Ora through the Pae Ora (Healthy Futures) Act 2022

Representing Hawke's Bay District Health Board

before the Government Inquiry into Havelock North Drinking Water

Advising Adamantem Capital

on its acquisition of retirement village and aged care operator Heritage Lifecare

Appearing for a range of health sector and other clients in coronial inquiries

including the high-profile Carterton Balloon Inquest

Assisting a District Health Board

in responding to provisional breach findings issued by the Health and Disability Commissioner, and successfully advocating for a final finding of no breach

Advising District Health Boards and now Te Whatu Ora - Health New Zealand

on the commissioning and funding of primary care (GP) services, pharmacy services, aged-care services, and adolescent dental services, including by advising on and drafting the national contracts between Te Whatu Ora and providers of those services


Our team

Alastair Hercus

Partner, Wellington

Alastair specialises in public and commercial law. He advises clients on legislative design, decision-making by statutory bodies…

  • DDI +64 4 498 7318
  • M +64 21 449 993

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Allan Yeoman

Partner, Auckland

Allan is a partner in Buddle Findlay's Technology, Media and Telecommunications (TMT) team. He specialises in providing transactional,…

  • DDI +64 9 363 1029
  • M +64 21 766 312

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David Thomson

Partner, Auckland

David specialises in corporate and commercial law with considerable experience in mergers and acquisitions, joint ventures, governance,…

  • DDI +64 9 363 0750
  • M +64 21 668 593

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Grant Dunn

Partner, Auckland

Grant specialises in corporate and commercial law and has over 20 years experience. He previously spent six years with the London…

  • DDI +64 9 363 0636
  • M +64 21 888 812

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Hamish Kynaston

Partner, Wellington

Hamish specialises in employment relations, litigation, health law, health and safety, and education…

  • DDI +64 4 462 0439
  • M +64 21 279 2147

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Lisette Hood

Partner, Auckland

Lisette specialises in corporate and commercial law, with particular emphasis on commercial contracting, corporate governance and merge…

  • DDI +64 9 358 7037
  • M +64 27 220 5123

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Mere King

Partner, Auckland

Mere specialises in employment, industrial relations, health and safety, employee privacy matters, as well dispute resolution and litig…

  • DDI +64 9 363 1348
  • M +64 21 575 609

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Peter Chemis

Partner, Wellington

Peter specialises in employment law, industrial relations and related areas, and leads Buddle Findlay’s national employment team…

  • DDI +64 4 498 7339
  • M +64 27 444 6619

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Susie Kilty

Partner, Wellington

Susie specialises in competition, fair trading, overseas investment consents and economic regulation, particularly of infrastructure in…

  • DDI +64 4 498 7356
  • M +64 21 792 134

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