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good may be served by <strong>the</strong>ir not receiving treatment for <strong>the</strong>ir condition for which<br />

<strong>the</strong> benefit is uncertain or indeed unlikely.<br />

<strong>How</strong>ever, if this action was taken to put pressure on <strong>the</strong> DHB (and ultimately <strong>the</strong><br />

government) to increase <strong>the</strong> wages <strong>of</strong> <strong>the</strong> doctors involved, this reason would<br />

fail Rawls’ fairness test. The reason it would fail <strong>the</strong> test is that any decision to<br />

ration treatment based on pressure to increase salaries <strong>does</strong> not avoid bias,<br />

take note <strong>of</strong> <strong>the</strong> interests and concerns <strong>of</strong> o<strong>the</strong>rs, or avoid <strong>the</strong> influence <strong>of</strong><br />

vested interests or <strong>the</strong> personal priorities <strong>of</strong> <strong>the</strong> doctors.<br />

Oncologists with more than 4 years experience can expect to earn up to<br />

$240,000 annually and oncologists with more than 10 years experience average<br />

up to $310,000 per year. 17 The least well <strong>of</strong>f in society may feel it an unfair<br />

decision to refuse <strong>the</strong>m treatment, if <strong>the</strong> refusal was based on a campaign to<br />

increase salaries beyond <strong>the</strong>se salary ranges. These questions were never put<br />

to <strong>the</strong> patients during <strong>the</strong> decision making process, so <strong>the</strong> range <strong>of</strong> answers<br />

from <strong>the</strong>m will never be known.<br />

Question 2: Was this decision to deny some people chemo<strong>the</strong>rapy treatment<br />

arranged so that it is attached to positions and <strong>of</strong>fices which are<br />

open and accountable to all?<br />

The OIA request demonstrated that <strong>the</strong> decision was made by people within <strong>the</strong><br />

DHB who did not consult <strong>the</strong> public before making <strong>the</strong> decision. Nei<strong>the</strong>r did <strong>the</strong><br />

doctors consider any documentary evidence, published journal articles, peer<br />

reviewed research papers or public policy material to guide <strong>the</strong>ir decision. The<br />

OIA request information stated that <strong>the</strong> doctors based <strong>the</strong> decision on <strong>the</strong>ir<br />

clinical experience.<br />

The Chief Science Advisor, Pr<strong>of</strong>essor Peter Gluckman advises against <strong>the</strong><br />

approach <strong>of</strong> making policy decisions without <strong>the</strong> benefit <strong>of</strong> evidence or without<br />

putting in place a monitoring system to gauge <strong>the</strong> effectiveness <strong>of</strong> <strong>the</strong> policy.<br />

Pr<strong>of</strong>essor Gluckman (2011) commented that “many policies developed in<br />

isolation from <strong>the</strong> available evidence, or initiated and continued in <strong>the</strong> absence<br />

<strong>of</strong> monitoring and formal evaluation <strong>of</strong> impact and effectiveness may well be<br />

ineffective in meeting <strong>the</strong>ir primary or secondary policy objectives” (Gluckman,<br />

2011).<br />

17 See http://currentcancer.com/oncologists-salary-range.html for salary ranges <strong>of</strong> a New Zealand Oncologist.<br />

77

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