Lecture 5: Intro To Pharmacy Law

Question 0

What is international law.

Answer 0

Laws between the states e.g. Treaties.

Question 1

What are the three divisions of law?

Answer 1

International, public law, and private law

Question 2

What is public law?

Answer 2

Law between the state and the individual

E.g. Constitutional law, criminal law, administrative law and tax or revenue law

Question 3

What is private law?

Answer 3

Things like contracts, torts, family, land (all part of the common law) trusts, succession (equity)

Question 4

What laws to the government impose?

Answer 4

States and individual

Question 5

What is torts?.

Answer 5

Negligence

Question 6

What are the sources of law?

Answer 6

Statute law - e.g, accident compensation law
Case law - e.g, Donoghue v Stevenson
Customary law
Treaty of waitingi

Question 7

What is a statute?

Answer 7

Law which is passed through the government and abided

Question 8

What is case law?.

Answer 8

Beginning of modern law of negligence. E.g. Fair trading act

Question 9

Why is the ToW important in law?

Answer 9

It is a contract signed in 1949 which has been incorporated into legislations in many cases

We must regard principles listed in treaty today

We shall take into account the principles of the ToW

Question 10

How is a statute law made?

Answer 10

Introduction of bill- includes explanatory note setting it policy it seeks to achieve

First reading dense after ensuring it is not inconsistent with NZ bill of rights

Referral to select committee for submissions and consideration. Report is prepared

Second reading - main debate occurs

Sent to committee of the Whole House

Third reading

Assent –> Act

Question 11

What process do proposals for change of law have to go through?

Answer 11

The statute law process:

Intro of bill, first readings referral to select committee, second readings sent to committee of whole house, third reading, before assent to become an act

Question 12

What are two case studies of bills and why were they significant?

Answer 12

Canterbury earthquake response and recovery bill: purpose was to ensure that the Govt has adequate statutory power to assist with response to Canterbury earthquake so this bill was under time pressure to assent.
Introduced on 14/09/2010 and royal assent on same day!

Copyright infringing file sharing amendment bill
Purpose of the bill was to provide new enforcement measures against the unauthorised sharing of copyright material via the Internet,
First introduced 23/02/2010 and royal assent on 12/04/2011

Question 13

What are the different types of bills?

Answer 13

Government bills
Members bills
Local bills
Private bills

Question 14

What is an example of a government bill?

Answer 14

Copyright (file sharing) amendment bill

Question 15

What are members bills?

Answer 15

Bills introduced by members who are not ministers

E.g. Mondayising the holidays is a proposed members bill.

Question 16

What do local bills seek to address?

Answer 16

E.g, of the Wanganui District Council prohibition of gang insignia bill. Seeks to address the increasing problems created by violent confrontations between rival gangs in the Wanganui district,

This was passed on 09 May 2009

Question 17

What is the purpose of a private bill?

Answer 17

E.g. Of Christ’s College (Canterbury)
The purpose if the bill is to amend the Christ’s college act 1910 to remove difficulties in administering property vested in the college

Question 18

What is a case study of a current bill?

Answer 18

Criminal procedure (reform and modernisation)

Question 19

What does the accident compensation act 2001 state?

Answer 19

S317(1) you cannot sue for compensation if someone’s negligence drives into you

S319(1) if you mess up as a pharmacist you can’t be sued for that personal injury

But in other states, you can be sued

Question 20

By S26 (1) , what does personal injury mean?

Answer 20

(a) the death of a person; or
(b) physical injuries suffered by a person, including a strain or a sprain; or
(c) mental injury suffered by a person BECAUSE of physical injuries suffered by a person; or
(d) mental injury suffered by a person in the circumstances described in section 21; or
[(da) work related mental injury that is suffered by a person in the circumstances described in section 21B ; or ]

Question 21

In what circumstance is mental injury not considered a personal injury?

Answer 21

When it is not attached to a physical injury and is not a circumstance described in section 21

Question 22

What are some acts that will affect pharmacists?

Answer 22

Health practitioners competence assurance act 2003
Health and disability commissioner act 1994
Health and safety employment act 1992
Health and disability services (safety) act 2001
Accident compensation act 2001
Health act 1956
Privacy act 1993

Question 23

Why does the privacy act 1994 affect us?

Answer 23

Health information is under the privacy code. We must be careful to protect the privacy of our patients

Question 24

What are regulations?

Answer 24

Delegated legislations

• regulations are power delegated by statute to some other body to make law- central to the way government functions
• regulations often contain a lot of detail better left to bodies other than parliament

Question 25

What is an example of a regulation?

Answer 25

Code of Health and Disability Services Consumer’s rights.

This is a regulation made under the Health and Disability Commissioner’s Act

It’s official name is “Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996”

Question 26

When did the HDSCR regulation become a law? What is its significance?

Answer 26

1 July 1996,

It grants a number of rights to all consumers of health and disability services in NZ and places corresponding obligation on providers of those services,

Question 27

What does clause 2 of the code of health and disability services consumers’ rights state?

Answer 27

Clause 2 provides 10 rights of the patient
The right to be treated with respect
Right from to freedom from discrimination, coercion, harassment and exploitation

The right to dignity and independence
The right to services of an appropriate standard
The right to effective communication
The right to be fully informed,
The right to make an informed choice and give informed consent
The right to support,
Rights in respect of teaching or research
The right to complain

Question 28

What des clause 3 state..

Answer 28

It sets out the provider compliance requirements

Question 29

What are some other regulations that may affect pharmacists?

Answer 29

Health ( needles and syringes) regulations 1998
Health (retention of health information) regulations 1996
Health and safety in employment regulations 1995
Privacy regulations 1993
Health practitioners competence assurance (election of members of medical council of NZ) regulations 2009

Question 30

What does case law rely on? And what does this mean?

Answer 30

Case law relies on the Doctrine of Precedent

So a court of law is bound by earlier decisions of courts higher up the hierarchy of courts

This provides for some certainty of the law

And allows for changing perceptions of community balues

Question 31

List the hierarchy of the courts

Answer 31

(From highest) Supreme Court > court of appeal > high courts > district court and administrative tribunals

Question 32

What are common law- torts?

Answer 32

Negligence
Defamation
Assault, battery, false imprisonment (trespass to the person) 
Trespass to land, nuisance, 
Privacy

Question 33

Describe how the tort of privacy came to be

Answer 33

No tort of privacy in NZ until 2005

Privacy is recognised in international instruments which NZ signed ( such as the universal declaration of human rights)
Act12: no one should be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks on his honour or reputation

And the international convenant on civil and political rights

Question 34

What is privacy? What types of privacy are there..

Answer 34

The right to be left alone

Spatial privacy: the right to private space
Informational privacy: the right to your information

Question 35

What is privacy in NZ recognised by.

Answer 35

1985 white paper for NZ bill of rights act 1990
Broadcasting act 1989
Privacy act 1993 and health information privacy code
The harassment act 1997
The health and disability commissioner act 1996
The common law tort

Question 36

Which was the first case to mention the possibility of a privacy tort?

Answer 36

The Tucker vs. News media ownership LTD 1985

Judge: a person who lives in an ordinary private life has a right to be left alone and to live the private aspects of his life without bring subjected to unwarranted or undesired publicity or public disclosure

Public facts may become private over time

One who goes to the public may give up some privacy rights

(The news paper found out about Tuckers previous criminal history )

Question 37

What was the significance of the Bradley vs. Wingnut Films 1992 HC case?

Answer 37

The move exposed tombstone of Bradley family
Resulting in a disclosure of private facts that was a public disclosure

In order for this to be an issue, the fact must be private facts and not public ones
The disclosure must be highly offensive to a reasonable person or ordinary sensibilities
The public interest might be a defence
There can scarcely be anything less private than a tombstone in a public cemetery

Question 38

What are the two fundamental requirements for a successful claim for interference with privacy.

Answer 38

1. The existence of facts in respect of which there is a reasonable expectation of privacy
2. Publicity given to those private facts that would be considered highly offensive to an objective reasonable person