College of Midwives Files in Court Against the Ministry of Health

The College of Midwives has filed a class action (representative claim) in the High Court against the Ministry of Health (MoH).

More than 1300 midwives have signed up to be part of the claim alleging a breach of contract, which College Chief Executive, Alison Eddy, says is a last option and something they would rather not have had to do.

“We have simply been left with no choice,” she says. “The issues date back to 2015 and despite two agreements with the Ministry and an apology from the then Director General of the Ministry for an agreement breach, we are no closer to resolving significant issues facing the midwifery in Aotearoa.”

Ms Eddy says a meeting on Monday 15 August with the Minister of Health, Hon Andrew Little, and Associate Minister of Health Hon, Ayesha Verrall, was very positive.

“Perhaps for the first time, we felt the Ministers genuinely understood and wanted to resolve our concerns, and are considering how this can be achieved within the context of the current health system reforms. Unfortunately, they were unable to provide us with absolute certainty that the legal commitments that have been made by the Ministry will be honoured,” says Ms Eddy.

The College of Midwives believes the issues related to fair pay and reasonable working conditions can be mitigated with the right decisions and investment, and the recent meeting with the Ministers certainly provided, for the first time in many years, a sense that the government understands and remains committed to resolving the issues. Unfortunately, due to the number of years these challenges have remained unaddressed, and the experience to date around broken promises with a lack of regard for two legally binding commitments, Alison Eddy says the profession feels it has no choice but to lodge a claim in the courts.

“These proceedings are regarded as a necessary step if only to ensure the legal position negotiated with the Ministry of Health is protected and honoured. Such proceedings are seen as a last resort and the College is taking this action with genuine regret,” says Alison Eddy. “Over the years we have at all times sought to engage constructively with the Government and Ministry of Health, and will continue to do so.”

Ms Eddy has praised the profession saying despite the broken promises and lack of progress over many years, midwives have continued to do their jobs and do them well; working without missing a beat through lockdowns, fighting to keep birthing units for their communities, absorbing growing additional costs that they cannot recoup – just as a few examples.

“Unfortunately though, what goodwill was left has now gone. However, The College remains committed to working constructively with the government to seek a resolution of our members’ concerns and ultimately to maintain the availability and safety of maternity care in Aotearoa,” she says.