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Publication date:

The Government is appealing a High Court judgment involving the New Zealand College of Midwives.

In a judgment made public today, the High Court has found a 2018 Settlement Agreement with the New Zealand College of Midwives imposed substantive obligations on the Ministry of Health.

The latest court decision follows a series of legal actions and negotiations between the Ministry of Health and lead maternity carer (LMC) midwives that began in 2015.

The claim was brought by the College and two representative plaintiffs against the Attorney-General on behalf of 1,473 LMC midwives.

The claim was heard in the High Court over a six-week period in August and September 2024.

The Government considers that the High Court has erred in a number of its findings, including of non-compliance with the New Zealand Bill of Rights Act 1990, and in relation to the status of the 2018 Settlement agreement. A decision has been made to appeal the judgment. 

The Ministry of Health is unable to comment further while court processes are still underway.

The judgment can be found at: The NZ College of Midwives v Attorney-General - [2026] NZHC 405

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