Media release from Auckland Region's DHBs

The Supreme Court today dismissed DML's application for leave to appeal stating that it was not persuaded that there was any arguable question of public or general importance which was likely to be determinative of the proposed appeal.

The Supreme Court considered that each aspect of the case ultimately turned on its own facts, and that the Court of Appeal had made no obvious error in its factual assessment. Accordingly, the criteria for leave had not been met.

The decision brings the legal uncertainty of the past few years to an end and allows the Auckland Region District Health Boards (ARDHBs) to focus on completing a smooth transition process between DML and Labtests for community laboratory testing.

The ARDHBs priority has always been to ensure that continuity and consistency of service is maintained and that patients within the Greater Auckland region continue to have access to professional, equitable and reliable community laboratory testing.

Since the Court of Appeal ruled on September 25 that Labtests' contract be reinstated, the ARDHBs have had constructive discussions with both Labtests and DML about the transition process. These discussions are to ensure the continuity of this service for both patients and the medical community and a seamless handover for patients.

The ARDHBs will be seeking full cooperation from DML until the transition is complete, which is a requirement of the interim contract the ARDHBs have with the organisation.

The Waitemata, Auckland and Counties Manukau district health boards are committed to ensuring delivery of a service of the highest quality to patients within the Greater Auckland region and look forward to working with Labtests to roll-out this service.