NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • Herald NOW
    • All Herald NOW
    • Ryan Bridge TODAY
    • Herald NOW Business
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Herald NOW Business
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • Deloitte Fast 50
    • Generate wealth weekly
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Gisborne
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / New Zealand

Health and Disability Commissioner finds baby who died while nurse was on break should have been checked

Jeremy Wilkinson
Jeremy Wilkinson
Open Justice multimedia journalist, Palmerston North·NZ Herald·
23 Feb, 2026 01:00 AM5 mins to read
‌

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
The baby was born late pre-term and died less than three days later. Photo / 123rf

The baby was born late pre-term and died less than three days later. Photo / 123rf

A 50-hour-old baby who was born pre-term died while the nurse in charge of his care went on an hour-long break in the middle of the night.

When she came back from her break, the baby had vomited and was pale and despite intense efforts to resuscitate the boy, he couldn’t be saved.

Now, the Health and Disability Commissioner has found that the baby should have been checked during that crucial hour and that not doing so was a failure on the part of Health New Zealand Te Whatu Ora.

According to the facts of the investigation, the baby was born by caesarean section before he and his mother were transferred to the Maternal Complex Care area at Auckland City Hospital, because he was born late pre-term.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The baby had feeding problems and vomiting, an episode of respiratory distress thought to be due to nasal obstruction, a risk of neonatal abstinence syndrome (a condition that affects newborns who were exposed to opioids or addictive substances through the placenta during pregnancy) and jaundice.

A tube was inserted on the second day to deliver three-hourly feeds and other than vomiting after these feeds, a neurologist found that he was otherwise in normal condition.

During his first night, the baby was noted to have trouble feeding and breathing. Staff at the hospital removed the tube and his condition improved.

Two days post-birth, the baby’s condition continued to improve overall, according to the medical notes left by hospital staff. However, later that same evening, feeding issues resumed and a tube was reinserted.

Advertisement
Advertise with NZME.

At 12.15am on the morning of the third day, the registered nurse in charge of the baby went on a break and said she handed care over to two registered midwives and asked for the infant to be checked.

The midwives claimed that while the nurse told them she was going on break, she didn’t say anything about asking them to check on the baby.

The nurse checked on the baby when she returned from her break between 1.15am and 1.30am and found he was pale and had vomited, with the feeding tube sticking out of his mouth.

The nurse cleared his mouth, but he wasn’t breathing and couldn’t be resuscitated, despite the staff trying to revive him for 25 minutes.

‘… I am critical that Baby A was not checked for over an hour…’

Health NZ told the Health and Disability Commissioner (HDC) that neither midwife was at fault as the nurse hadn’t asked them to check on the baby while she was on her break.

Advertisement
Advertise with NZME.

Health NZ also said that it didn’t accept that the baby needed hourly checks because the clinical notes didn’t indicate any cause for concern and that letting babies sleep between checks was standard.

“Rounding is about popping in at regular intervals to see if mothers and babies need anything and if they are sleeping as expected, and are not due for assessments or feeds, they are not disturbed,” it said in response to the HDC’s investigation.

In addition, Health NZ said that if the nurse had any concerns about the baby, she would have checked on it immediately after taking her break.

“This would be normal practice on a postnatal ward and (for a normal-length break) any requirement for more regular monitoring would have elicited escalation for higher level neonatal care.”

The nurse was an experienced neonatal and maternity nurse and had worked at the hospital for a number of years, and Health NZ said that looking after a pre-term baby was well within her scope of expertise.

Advertisement
Advertise with NZME.

However, a nurse adviser to the HDC said that the baby should have been checked at least once during the hour-long break as he was in an incubator under lights, he had an orogastric tube, he was premature, he was being observed for opioid withdrawal and his mother was sleeping heavily.

Deputy Health and Disability Commissioner Rose Wall. Photo / Lance Lawson
Deputy Health and Disability Commissioner Rose Wall. Photo / Lance Lawson

Deputy Health and Disability Commissioner Rose Wall said the investigation highlighted the complex needs pre-term infants have postnatally and that it was a failure not to check on the baby for over an hour.

“While I accept that the policies in place at the time may not have required a baby on the ward to be checked hourly, Baby A was unsupervised for a period of longer than one hour, and irrespective of whether or not [the nurse] communicated the need for Baby A to be checked, by her own account, she thought that Baby A required a check while she was on her break,” Wall said.

“Accordingly, in these circumstances, I am critical that Baby A was not checked for over an hour while [the nurse] was on her break.”

Wall directed Health NZ to make an apology to the baby’s parents.

Health NZ said it now has a designated transitional care unit for pre-term babies, safety briefings are held at the beginning of each shift and there is a now a clinical midwife manager supervising every shift.

Neither the baby’s parents nor the attending nurse wanted to make any comments to the HDC.

Jeremy Wilkinson is an Open Justice reporter based in Manawatū, covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.

Save
    Share this article

Latest from New Zealand

New Zealand

'Profound betrayal': Couple lose $165k in 'callous' business-share scam by trusted friend

02 May 05:00 PM
Premium
New Zealand

How a DHL receptionist was busted helping Killer Beez in 265kg NZ drug plot

02 May 05:00 PM
New Zealand

A 'callous' betrayal of trust

Watch
02 May 05:00 PM

Sponsored

Endangered bird gets another chance

21 Apr 02:30 AM
Advertisement
Advertise with NZME.

Latest from New Zealand

'Profound betrayal': Couple lose $165k in 'callous' business-share scam by trusted friend
New Zealand

'Profound betrayal': Couple lose $165k in 'callous' business-share scam by trusted friend

The immigrant couple said they took their friend at her word, and lost their life savings.

02 May 05:00 PM
Premium
Premium
How a DHL receptionist was busted helping Killer Beez in 265kg NZ drug plot
New Zealand

How a DHL receptionist was busted helping Killer Beez in 265kg NZ drug plot

02 May 05:00 PM
A 'callous' betrayal of trust
New Zealand

A 'callous' betrayal of trust

Watch
02 May 05:00 PM


Endangered bird gets another chance
Sponsored

Endangered bird gets another chance

21 Apr 02:30 AM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • NZME Digital Performance Marketing
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2026 NZME Publishing Limited
TOP