Health and Aged Care

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Facilitating healthy practices

As populations across the western world age, the health and aged care sectors are playing a more significant role in the economy and in people’s lives. New Zealand is no exception. But as these sectors grow, so too does legal and public scrutiny of their activities.

Clients need legal advisers who can assist them across every aspect of the health and aged care sectors; advisers who understand both the commercial and public aspects of the sectors. Specialists across our practice act for national and international organisations and groups within the wider health sector; providing timely, industry specific advice.

We have assisted organisations as diverse as the Human Rights Commission, Pfizer and numerous other health and aged care providers.


We work across a wide range of areas and issues, including health policy and regulation, district health board governance, planning and environment regulation, competition issues, government health contracts, Ministry of Health decision making, access to medicines and the human rights and privacy dimensions of health care and policy.

Our experience includes advising:

  • A large home-based support services provider in challenging a District Health Board's funding and tender process in the High Court.
  • On the management of conflicts of interest at Board-level for Government agencies within the wider health sector.
  • On the development of a new national chain of pharmacies.
  • A large hearing services company in respect of consultation with ACC on the overall service provision of hearing services.
  • On a challenge to a District Health Board Request for Proposal process, and seeking an Auditor-General's public inquiry into the matter.
  • Idea Services (the provider arm of IHC NZ Inc) in challenging the Ministry of Health's decision to cease funding day services for the over 65s (successful before the Human Rights Review Tribunal and High Court) and the Ministry's funding of behaviour support services.
  • Lab Tests Auckland in the challenge to the Auckland DHBs' pathology services tender case regarding a conflict of interest at Board level.
  • A number of health and aged care sector clients on the Proposed Auckland Unitary Plan.

Aged care

Aged care is a rapidly growing industry in New Zealand. Developing and managing facilities presents a variety of legal challenges to service providers, including property issues, competition issues and addressing human rights concerns.

Managing new regulatory structures and government relations are also high priorities for businesses in this space and we deliver meaningful solutions for our clients throughout all aspects of the sector.

Our experience includes advising:

  • Retirement Villages New Zealand on the sell down of a 37% shareholding in Metlifecare Limited to Infratil Limited and Guardians of New Zealand Superannuation.
  • Oceania Healthcare on obtaining resource consents for a number of new retirement village developments, including the Green Gables, Lady Allum and Maureen Plowman villages in Auckland.
  • BeGroup New Zealand Limited on obtaining resource consents for its Rawhiti Retirement Village.
  • Retirement Care New Zealand (RCNZ) shareholder funding at portfolio level.
  • Elmwood Retirement Village on a dispute over a former resident's termination payment.
  • Retirement Village Investments (as PLC shareholder) and Retirement Villages New Zealand Limited (as guarantor) on the sale of 1.00% of the shares in PLC to MET, in exchange for the issue of 30,500,000 shares in MET.
  • Oceania Healthcare with a $60 million material damage and business interruption insurance claim under a policy issued by Zurich Australia Insurance Ltd which was brokered by Marsh Limited.
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