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Woman seeking $350k in damages from Taranaki health provider after stillbirth

Published

1 year ago

September 29, 2025

A woman whose baby boy died during pregnancy wants a health agency to pay her $350,000 after it was found the care it provided was inadequate.

The woman, who in 2018 was in her 20s, lived with several conditions, including type 1 diabetes.

During her pregnancy that year, she received care from the midwifery, obstetrics and endocrinology services at Health New Zealand Te Whatu Ora Taranaki.

But when she was eight months pregnant, she felt something was wrong with her baby, and, during a subsequent check-up with the obstetrics team, it was confirmed he had died.

Failures in the woman’s care

Shortly afterwards the woman, who can not be named, raised a complaint with the Health and Disability Commissioner (HDC).

She complained staff at Taranaki Base Hospital did not acknowledge that her pregnancy was “high-risk” and on several occasions when she raised concerns, she felt she was being perceived as “over-anxious”.

The woman also told the HDC no investigations were undertaken in the final three weeks of her pregnancy, despite an escalation in a range of symptoms.

Five years later, the HDC released its findings, with Deputy Commissioner Rose Wall ruling that Te Whatu Ora Taranaki had breached the Code of Health and Disability Services Consumers’ Rights (the Code) in its management of the woman’s diabetes throughout her pregnancy.

Wall, who said her role was not to determine what caused the baby’s death, found Te Whatu Ora Taranaki did not have an established antenatal diabetes multidisciplinary team in place at the time.

As a result, the obstetrics and diabetes teams provided the woman with care from separate clinics, which created a disconnect between the specialities and prevented effective co-ordination of clinical care.

In August 2023, one month after the HDC issued its report, the woman filed a statement of claim with the Human Rights Review Tribunal (HRRT).

She alleged Te Whatu Ora Taranaki breached her rights under the Code in respect of the healthcare she received during her pregnancy.

The woman’s claim stated she became pregnant, was put into the care of the Taranaki Health Board, that the care did not meet the Code, and she gave birth to a stillborn son.

However, according to an HRRT decision on the matter, Te Whatu Ora Taranaki denied the woman’s claim and applied to have it struck out on the grounds it failed “to disclose a reasonable cause of action and is otherwise an abuse of process”.

It stated the claim “went beyond the breach findings made by the HDC” and was therefore outside the tribunal’s jurisdiction to determine.

Following a direction from the HRRT, the woman amended her statement of claim and alleged Te Whatu Ora Taranaki had breached the Human Rights Act.

“I gave birth to my stillborn son at Taranaki Base Hospital. Because of the lack of communication between departments, they failed to give appropriate care,” the amended claim read.

“The consequences of this have left me unable to function normally, that I do not feel safe in hospital and can not cope in stressful situations.”

$350k in damages sought

The woman opposed the health agency’s strike-out application.

Te Whatu Ora submitted that she was only able to bring proceedings in respect of the HDC’s specific breach findings, contending her claim primarily regarded the stillbirth and its impact upon her.

“There is no connection between the stillbirth and the HDC’s breach findings, which it says are limited to the care [the woman] received regarding her diabetes,” the decision stated, referring to Te Whatu Ora’s submission.

“In taking this position, Te Whatu Ora draws an inference from the level of damages [the woman] seeks ($350,000).

“Te Whatu Ora submits that ‘it is not reasonably arguable’ that [she] could have suffered the level of stress required to justify the damages sought because of Te Whatu Ora’s management of her diabetes, and that ‘the only available inference’ is that the damages sought by [her] relate to the stress she suffered because of the stillbirth.”

However, in its recent decision, the tribunal ruled that a strike-out application was not the appropriate way to determine those matters.

Whether damages should be awarded and if so, at what level, should be determined after the collection of evidence and submissions from the parties.

The tribunal found it had jurisdiction to hear the woman’s claim and that the claim was not an abuse of process.

It acknowledged Te Whatu Ora’s concerns regarding the way in which the woman had progressed her claim, accepting she had not met various tribunal directions.

However, it ruled her claim has merit.

Te Whatu Ora’s application to strike out the woman’s claim was dismissed, and the tribunal directed that another hearing be scheduled to progress the case.

This story originally appeared in the New Zealand Herald.

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Latest News

Police say person who fired gun at officers still at large

Published

3 days ago

November 12, 2026

News Staff

Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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Latest News

New Zealand sides named for RLWC finals

Published

4 days ago

November 11, 2026

News Staff

The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Latest News

Parliamentary Service working on extra chairs and offices for increased number of MPs

Published

4 days ago

November 11, 2026

News Staff

The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee. — Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

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