5.10pm
Health Minister Annette King has banned the planned filming in a public hospital of a woman giving birth for a porn movie and vowed no public health facility would ever be used for such a purpose.
Auckland porn film maker Steve Crow signed a deal with the Waikato District Health Board allowing the filming of the woman -- known only as Nikki -- in labour and giving birth, provided certain conditions were met.
But Ms King said she had decided to exercise her "moral judgment" and use a little known part of the law to stop the filming of any birth at any public hospital if it wasn't for the use of the family or hospital involved.
"I intend to direct the Waikato District Health Board not to allow video footage to be shot for pornographic purposes," she said.
"I have sought a legal opinion from the Ministry of Health and I am satisfied I have the right to direct district health boards under section 32 of the New Zealand Public Health and Disability Act to say they cannot shoot film of this birth because it is not for home or family or medical purposes."
The directive would be extended to all public hospitals.
The board sent Nikki a letter three weeks ago banning cameras in its delivery suite for what is said was "unlawful purposes".
But a High Court judge on Friday allowed filming of the birth if Mr Crow gave an undertaking that no images of the unborn child in utero, during birth, or immediately after birth be used in the film Ripe or any other pornographic publication.
Mr Crow said he had filed papers with the High Court giving this undertaking.
Ms King said that was not acceptable to her.
"I find it repulsive...I don't think the birth of a baby to be used in a pornographic film has any place in a public hospital in New Zealand."
The law allows the health minister to issue directives to a DHB to meet government policy or ensure it is acting consistently with its objectives under the law. DHBs are required to "exhibit a sense of social responsibility" and "uphold the ethical and quality standards commonly expected".
Ms King said she had wanted to act earlier but needed to ensure lawyers with her ministry and Crown Law agreed she had the power to intervene.
"I am not dealing with the High Court ruling, but I am saying it is not appropriate in a public hospital for the filming of a birth for commercial purposes," Ms King said.
Mr Crow has always said the moment when the baby became visible would not be included in Ripe. Several scenes of the film have already been recorded during Nikki's pregnancy.
Ms King said Nikki was free to film her birth elsewhere, but other documentary makers who wanted to film births for other reasons would have to apply to the DHB and the health minister for permission.
"It has never arisen before and I would be very surprised if it ever arises again. It is quite bizarre."
Nikki has been in Waikato Hospital since last Tuesday with pregnancy complications and she was entitled to health care, Ms King said.
Her ruling would take pressure off staff involved in caring for Nikki and her unborn child, Ms King said.
- NZPA
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