This file is too large to put on this page so you can download it from here http://www.kti.org.nz/odd_files/KTI_court_documents_final.pdf
The page will show a 404 but it will upload the file into your uploads file.
7 thoughts on “Statement of Claim KTI v Prime Minister and others”
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The link to the statement of claim does not work. Could this be fixed?
It would be interesting to see the arguments that are set forth in the statement of claim, particularly in light of the following:
(A) Section 23(3) of the Medicines Act gives the Minister full discretion to impose any conditions on a provisional consent “as he thinks fit”, which would mean that the Minister is not restricted to making the vaccine only available to a limited number of persons.
(B) Section 32A(1) of the Medicines Act exempts the Crown from any restrictions that may be imposed by s 23(1) if it is the Crown which is importing and distributing the vaccines. That appears to be the case in relation to Cominarty.
(C) The reference in s 23(1) to “a restricted basis for a limited number of patients” refers to a state of mind that the Minister must possess at the time he makes his decision. It does not follow from the literal meaning of this provision that, once the Minister is of the state of mind referred to in s 23(1), he must limit the consent accordingly. Indeed, s23(3) indicates the very opposite: the Minister is free to give consent on whatever terms he thinks fit.
Aha! This appears to be the correct link to the statement of claim: http://www.kti.org.nz/odd_files/KTI_court_documents_final.pdf
Still finding my way around our new website. There will be other affidavits to file. A new letter to the Crown and Judges. A date set for urgent hearing on Wednesday 5 May. Donations going well.
The Hearing is now 12 May, open court.
In the endeavour to keep our members informed, please note the following extract from the Minute of Ellis J., dated 22 April 2021. Please note also that discussions are underway to engage the services of a second barrister. More on that tomorrow.
(a) The Crown parties will file and serve their notice of opposition to that (limited) application by the close of play on 5 May 2021 at the latest. They will use their best endeavours to file and serve it before that date.
(b) The Crown will file and serve its affidavit evidence in support of its opposition by the close of play on 5 May 2021.
(c) Ms Grey will file and serve any affidavit evidence in reply (which may not be required and is not expected to be significant) together with a synopsis of submissions by the close of play on Friday, 7 May 2021.
(d) The application will be heard on Wednesday, 12 May 2021 at 10 am: one day is allocated.
(e) If possible, the Crown will file and serve its synopsis of submissions before the hearing but otherwise may do so at the hearing.
need to sort out your emails, as something didn’t load, sent to webmaster, bounced. made a donation, tried to respond to admin@, bounced. this is not good, makes this looks like a dodgy site.
Still working on this, Jordan.
But getting there.