Midwives Class Action Expected To Finish On Friday

A class action taken against the Government is due to finish this Friday 16 September at the High Court in Wellington.

The case, which started on Monday August 5th, has seen the College of Midwives allege breach of contract and discrimination, the latter under the Bill of Rights.

It is expected Hon. Justice Cheryl Gwyn will reserve her decision until next year.

Alison Eddy, College Chief Executive, says taking the legal route was not the preferred option but it’s good to know there will finally be a decision in the not-too-distant future.

“I’d like to thank midwives and others from across the country who have shown their support over the last six weeks, and the College team who have worked hard on the case for many months,” she says.

Local midwives and supporters have attended the court when they could, and a number are expected to be in Wellington for the legal closings this week (Thursday and Friday).

References for background:

Aug 5, 2024: Click here Midwives take govt to court after long fight for better support

Aug 5, 2024: Click here Midwives launch class action against the Government at the High Court

Aug 31, 2022: Click here Midwives taking Ministry of Health to court over pay, support | RNZ News

The public statement that was annexed to the December 2018 Settlement Agreement (released by Health in January 2019) https://www.tewhatuora.govt.nz/for-health-professionals/health-workforce-development/maternity/sector-updates#2019-updates select ‘January’

Ref: Updates on work with the maternity services sector – Health New Zealand | Te Whatu Ora

The text, which is a government apology to the College, reads:

“In May 2017 the Ministry of Health (Ministry) and the New Zealand College of Midwives (the College) reached an agreement to settle the College’s application for judicial review alleging discrimination against midwives based on gender. As part of the agreement reached in May 2017, the Ministry and the College agreed to a process for the co-design of a new model for the funding and contracting of community Lead Maternity Carer midwives. The Ministry also agreed to prepare a bid for the 2018 Budget that reflected the findings of the Co-design report and job evaluation process.

While the Co-design process proceeded as agreed, the Ministry did not prepare a Budget bid that reflected the findings of the Co-design process. Accordingly, the Ministry acknowledges that it breached the May 2017 agreement that it had reached with the College.

Representatives of the Ministry and the College met in mediation on 14 December 2018. As a result of that mediation, the Ministry and the College have reached further agreement. Some, but not all, of the matters agreed are recorded in this statement.

The Ministry apologises to the College and its members for breaching the May 2017 Settlement Agreement. Having expressly and formally agreed to do so, the Ministry did not prepare a Budget bid reflecting Co-design. The Ministry acknowledges that its breach was through no fault of the College.

The Ministry has reaffirmed its commitment to the Co-design principles, including a Blended Payment Model for LMC midwives. The Ministry has also reiterated its support for the continuity of midwifery model of care as central to maternity services in New Zealand.

The Ministry has agreed to a process to ensure a ‘fair and reasonable’ service price for LMC midwives. The College and the Ministry will work on this together throughout 2019.

The Ministry and the College have agreed to work together in early 2019 on structural changes to the way LMC midwives are funded and contracted.

The Director-General of Health, Dr Ashley Bloomfield, reiterates that strengthening and stabilising maternity services is a priority for the Ministry. The Ministry and the College have renewed their commitment to work together in good faith.”

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