The situation is complex. Photo / Warren Buckland
The man in charge of Hawke's Bay Hospital says staff caught in the middle of a standoff over a newborn baby have been blamed for something they had "no authority over".
District Health Board chief executive Kevin Snee has said "misinformation" spread about the hospital's role in the standoff last month had been "deeply disturbing" for staff.
However, DHB board member Jacoby Poulain, who was not at the board meeting that Snee made his comments at, said she stood by her call for an independent investigation.
Poulain also stood by her comments that she felt the care provided to the mum by the Hawke's Bay hospital could have been a breach of her rights.
The May 7 incident brought Oranga Tamariki's justifications for taking newborn babies from their mothers into the national spotlight.
Police spent that night, and the early hours of the next morning at Hawke's Bay Hospital because of a standoff between Maori midwives, lawyers, whānau and Oranga Tamariki over the baby.
Negotiations ended with the mother and baby staying together, with conditions.
The case prompted iwi Ngati Kahungunu to proclaim that "not one more baby will be taken".
In the aftermath, Poulain wrote in Hawke's Bay Today that she felt the care provided to the mum by the hospital could have been a breach of her rights.
She said she stood by those comments, "in the context in which they were given, assuming reports made by media were true, but subject to an investigation".
She added that "many other voices in the community have not been officially heard in this matter and some of these voices are key and critical health care professionals that were involved in this incident".
"That is why I have asked for a formal, independent investigation into the matter.
"Because it's only after a formal independent investigation, can the facts actually be ascertained and such a process gives room to all voices being heard in a balanced manner."
Snee said the DHB's role was focused on the patient, not about whether or not they resist the uplift.
"When a Custody Orders is executed the DHB must maintain its patient care but it is unable to override, and neither would it be appropriate, the powers conferred by Sections 104(2) and 104 (3) of the Oranga Tamariki Act 1989," he said.
"In this recent case the DHB did not prevent the mother or the child's midwife from entering our buildings – it had to follow the instruction of Oranga Tamariki and Police exercising their powers under the legally binding Custody Order.
"The DHBs social workers were not involved in this incident. Despite trying we were not able to get the support of Oranga Tamariki and police to let the mother's midwife or other whānau into the hospital," Snee said.
He hoped new legislation coming into effect from July 1, will "minimise similar situations from occurring".
"We need to continue to work together with whānau, iwi and all other organisations to support better parenting."
Poulain said she agreed that "situations regarding child welfare and potential uplifts of children are complex.
"Therefore, in my view, that heightens the need that everybody associated gets that right. I feel that Hawke's Bay DHB and the entire health sector in New Zealand has far more responsibility for children and families in these situations."
Snee says the statistics in Hawke's Bay for babies being taken into care by Oranga Tamariki are "dreadful" and "not something that can be resolved overnight but as a community, it is something we all need to change".
"We are continuing to work in partnership with iwi, whānau and many local and national organisations to ensure a culturally responsive approach will be adopted so better solutions can be found."