The Director of Proceedings laid a charge of professional misconduct against Ms Y, a midwife (the Midwife).
The charge alleged that the Midwife:
- entered into and carried on a sexual or intimate relationship with the partner of her then Mother/Client (the Mother) when she was providing midwifery services to the Mother as a Lead Maternity Carer (LMC); and
- failed to terminate her professional relationship as LMC to the Mother while carrying on her relationship with the partner.
The hearing proceeded on the basis of an Agreed Summary of Facts. The Charge was admitted by the Midwife and she admitted it was of sufficient severity to warrant disciplinary sanction. The Tribunal was obliged under the Act to reach its own conclusion in relation to liability and it found the charge was established and that her conduct constituted professional misconduct.
The Tribunal ordered the Midwife:
- be censured;
- be permitted to practise as a midwife under various conditions relating to:
- not providing midwifery care to friends and family;
- ongoing mentoring;
- ongoing couselling:
- maximum workload; and
- pay costs of $11,400.00
The Tribunal directed publication of its decision and a summary.
The Midwife appealed the Tribunal's decision on a finding of fact and on the Tribunal's decision not to grant her permanent name suppression. The High Court allowed the appeal and overturned the finding of fact and granted the midwife permanent name suppression. (Ms Y v Director of Proceedings,  NZHC 2054). It directed the Tribunal to reconsider it decision. The Tribunal produced an amended decision.