Legal showdown over pharmacy licensing set for this month

The long-awaited judicial review of DHB contracting decisions between independent pharmacists and Te Whatu Ora is set to start on 21 November.

The case involves the Independent Community Pharmacy Group (ICPG) seeking a judicial review of decisions made by the former Hutt Valley and Tairāwhiti DHBs to grant new pharmacy contracts to Countdown.

The case is set down for three days and will be heard in the High Court at Wellington.

The ICPG will also test whether the Ministry of Health has been following the Medicines Act correctly to determine if Countdown Pharmacy’s corporate structure ensures that pharmacist shareholders have “effective control” of each Countdown Pharmacy company.

When contacted in early October, ICPG spokesperson and Wainuiomata pharmacy owner Clive Cannons says the group was responding to the evidence put forward by Te Whatu Ora and this paperwork was due to be completed in the week starting 17 October.

“It’s not an exciting time, but it will be soon,” Mr Cannons says.

The ICPG, which now has over 100 anonymous members, has also started a new role in advocating for members to Te Whatu Ora and the ministry.

Mr Cannons says the work involves “holding DHBs [now Te Whatu Ora] to account for the outcomes of some of their decisions” by bringing to their attention instances where the group believes discount pharmacies are failing to meet their contractual obligations.

“Hopefully that will just make the DHBs [Te Whatu Ora] realise that someone is watching them,” Mr Cannons says.

“What we’ve realised is, we don’t think our responsibilities will finish with the court case and once the case is finished we will be going to the membership and asking them where to from here. But there is a definite call for us to continue lobbying Te Whatu Ora.”

Both Countdown and the Pharmacy Guild are interested parties in the case, a role which is not part of either the plaintiff’s or respondent’s camp, but which provides information to the court.

Mr Cannons says the group is still on the lookout for more members, and any interested owners can join even after the court case has started. Membership costs $1000. Go to the ICPG website www.icpg.nz for more.

Mr Cannons does not know how long it will take the high court to reach a judgement but says the outcome is unlikely to be known before next year.