Auckland Area Health Board v Attorney-General

[1993] LS Law Med 239

HIGH COURT OF NEW ZEALAND

and Mr Justice THOMAS

Medical treatment — Withdrawal — Guillian — Barre syndrome — Patient on artificial ventilation support system — Whether artificial ventilation support system “necessary of life” — Whether it was “lawful excuse” to withdraw support when treatment lacked therapeutic or medical benefit — Whether “bodily injury” committed when system was withdrawn if doctor acted in accordance with good medical practice — Whether adherence to good medical practice gave rise to criminal prosecution — Homicide — New Zealand Crimes Act 1961, sections 151(1) and 164 — Hospital — Guillian — Barre syndrome — Declaration — Withdrawal of ventilatory life support system — Practice — Jurisdiction — Declaration — Whether court had jurisdiction to make declaration where criminal sanction existed — Whether declaration required to establish lawfulness of doctors' proposed disconnection of life support system — Exercise of court's discretion — New Zealand Declaratory Judgments Act 1908