How does the operation of PHARMAC's 'Community Exceptional ...

services to members of the public provided by their members (PB/109w NZ
Charter of Health Practitioners Inc., 2000).
The Ministry of Health advised that no change to the Bill was necessary
because the Minister had set up a Ministerial Advisory Committee on
Complementary and Alternative Healthcare. The work of the committee
combined with the functions of the National Health Committee will provide
information on the benefits of alternative therapies. It would also be expected
that the knowledge and experience of PHARMAC in completing cost-benefit
analyses of complementary medicines will be utilised in this process (PB/MOH
8 Ministry of Health, 2000).
The Select Committee Report-Back on the Submissions
The submissions which the Health Select Committee received on the Bill
relating to PHARMAC (not all other parts of the Bill) have been outlined and
discussed. In relation to PHARMAC, the Select Committee recommended
several matters which were of a technical nature but did not alter PHARMAC’s
exemption from Clause II of the Commerce Act. The Committee did not
recommend any detraction from the original purpose of the Bill, as far as the
establishment of PHARMAC or any of its functions were concerned. The
Committee did recommend major changes to the Bill in relation to references to
the Treaty of Waitangi, the structure and functions of DHBs, the matters relating
to transferring the ownership of PHARMAC from the DHBs to the Crown.
These changes were reported back in early December 2000 and Parliament
passed the NZPHDA 2000, which came into law by Royal Assent 43 on the 14 th
of December 2000.
Section 2: Walsh v. PHARMAC
The following section is written from Justice Gendall’s decision in the Court of
Appeal of New Zealand in the case Walsh v. PHARMAC (BC200860616).
Much of this text is taken in paraphrase or quotation from Justice Gendall’s
written judgment. Where sections of the judgment have been quoted in the
43 A constitutional tradition requires the New Zealand Governor General to provide Royal Assent to legislation passed by
Parliament.
128