Pornography maker Steve Crow is talking to private health providers after Health Minister Annette King banned him filming a woman giving birth in a public hospital.
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.
Ms King said yesterday that no public health facility would ever be used for such a purpose.
Crow told National Radio this morning he had now talked to private health providers in Waikato.
He was optimistic a deal could be reached.
"Our first option is obviously to go to a private facility, depending on ensuring that Nikki's health and that of the baby are not affected."
He would not say which private provider he was talking to, as negotiations were incomplete.
Ms King said she had decided to exercise her "moral judgment".
She used a little-known part of the law that stops the filming of any birth at any public hospital, if not 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.
Her 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 it said was "unlawful purposes".
A High Court judge on Friday allowed filming of the birth if Crow gave an undertaking 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.
Nikki has been in Waikato Hospital since last Tuesday with pregnancy complications.
It was not an option to move her at the moment, Crow said.
Nikki wanted to make the movie, and was annoyed by the intervention of Ms King.
"She thought the legal system here had made a clear ruling last week that she has the right to do this, now we have a politician stepping in to the ring," he said.
"This is her right, this is what she has chosen to do, and the law of the land has said she is allowed to do it.
"We seem to be getting people that are putting their own personal opinions ahead of the law of the land. I think that is wrong fundamentally."
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," she said.
- NZPA
Porn film maker intends to shoot birth in private hospital
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