133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
17 March 2026
 
John Luke
By email: [FYI request #33754 email]
Ref:   H2026078923
Tēnā koe John
Response to your request for official information 
Thank you for your request under the Official Information Act 1982 (the Act) to the Ministry of
Health – Manatū Hauora (the Ministry) on 17 February 2026 for information regarding the
Midwifery Council – Te Tatau o te Whare Kahu. Please find a response to each part of your
request below. 
 
May I ask how you called for public nomination and on what platform you have call for
public nominations e.g. govt.jobs website.
The Ministry advertised these roles on our careers site and the NZ Government jobs website
(www.health.govt.nz/about-us/careers and jobs.govt.nz/).
A copy of your ad and pay rate as well.
A copy of the advertisement is attached as Document 1 and released to you in full. The
Midwifery Council’s Terms of Reference is attached as Document 2 and released in full, with an
excerpt pasted below for your ease of reference:
Fees and Al owances
Members of the Council, and of any committee appointed by the Council, are paid fees for
attendance at meetings. Members of the Council are paid $750 (less tax) per day, or $93.75 per
hour. The Chair and Deputy Chair of the Council are paid $950 (less tax) per day, or $118.75
per hour. Actual and reasonable travel and accommodation expenses are paid by the Council.
Also, how many applications you have received for each of the role from the public and
how many you have received from other nominating agencies such as TPK or Ministry of
women etc for your role.
The Ministry received a total of 27 applications: 21 from health practitioners and six from lay
applicants.

Eleven nominations were also received from nominating agencies, although not all nominees
applied. The 27 applications include individuals who were nominated and subsequently applied.

How many you have shortlisted and how many you have interviewed.

The appointments process has not progressed far enough to have shortlisted or interviewed
candidates.

Also, can I request to view the appointment letter if there is one sent to the appointee.

As stated above, the appointments process is not advanced enough and therefore, at the time
of responding to your request, no appointment letters have been sent.

Further, How many vacancies are you looking to fil  this round?
   
The Ministry can confirm that three health practitioner roles and one lay member role was
advertised in the current round of recruitment.

I trust this information fulfils your request. If you wish to discuss any aspect of your request with
us, including this decision, please feel free to contact the OIA Services Team on:
[email address].
 
Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602. 
 
Please note that this response, with your personal details removed, may be published on the
Ministry website at: www.health.govt.nz/about-ministry/information-releases/responses-official-
information-act-requests.  
 
Nāku noa, nā 
 
 
 

 
Stasha Mason
Manager, Statutory Appointments and Integrity Services
Performance and Governance | Te Pou Tokomanawa
 
 
 
 

Page 2 of 2

Document 1
Vacancies on Midwifery Council – Te Tatu o Te Whare Kahu
The Ministry of Health – Manatū Hauora (the Ministry) is seeking candidates who wish to be
considered for appointment as health practitioner OR lay members of the Midwifery Council –
Te Tatu o Te Whare Kahu (the Council), a responsible authority under the Health Practitioners
Competence Assurance Act 2003 (the HPCA Act).
About the role – Kōrero mō te tūranga
Being a member of the Council is rewarding and chal enging. The purpose of the Council is to
protect the health and safety of members of the public by ensuring that health practitioners are fit
and competent to practice. You will be committed to improving the health of al  New Zealanders,
through contributing to the governance of the Council’s legislative requirements.
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The functions of responsible authorities are set out under section 118 of the HPCA Act. More
information about the Council is available in the terms of reference and the Council’s Website.
ACT
Appointments to the Council are made by the Minister of Health, Hon Simeon Brown, typically for
terms of three years. Members can be reappointed for up to nine consecutive years.
The Ministry recognises that diversity enables our boards and councils to be high-performing and is
committed to ensuring they represent the diversity in New Zealand's population, including gender,
ethnicity, disability, age, and geographic location. The Ministry encourages people from all
backgrounds, especially those who can reflect the needs, values, and beliefs of Māori, have an
understanding of and are committed to meeting the obligations under the Treaty of Waitangi, to
apply for these roles.
INFORMATION
About you – Kōrero mōu
For all applicants, governance and/or regulatory experience is a plus but not required. It is
beneficial if you have the ability to lead strategically, and to balance competing demands.
Preferred skills and attributes for health practitioner and lay member positions include:
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•
a genuine commitment to serving the public
•
strong governance and regulatory experience, including compliance, accountability, and
understanding of professional regulation, focusing on upholding the public interest
•
knowledge of the Council’s work an
THE  d the current midwifery environment, experience in
maternity or/and children’s health would also be beneficial
•
familiarity with relevant legislation and the ability to apply the Treaty of Waitangi principles
within health, regulatory, and governance settings
Health practitioner applicants must be a registered midwife and have a good understanding of
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the scope of practice, standards of competence, and the code of conduct.
Under section 5 of the HPCA Act, lay applicants cannot be qualified or registered as health
practitioners. Lay members bring a distinctive contribution and diverse expertise adding value to
Council deliberations and decision making that serves the community and the public. Preferred
laypeople candidates will:
•
have strong governance experience, including experience in organisational strategy,
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workforce regulation, finance and risk oversight, employment and compliance matters
•
be able to represent broad community, whānau, and consumer interests, ensuring the
public voice is included in decisions of the Council
•
be familiar with, and have an understanding of, current relevant legislation, and lived
experience.
Please note that members of a responsible authority board cannot simultaneously be a member of
the Health Practitioners Disciplinary Tribunal (the Tribunal) given the disciplinary function of the
Tribunal over health practitioners.

Document 1
How to apply – Me pēhea te tono
Applications must be made using the Ministry of Health online Career Centre by close of business
Monday, 16 February 2026 and include:
•
a covering letter, and
•
a current CV.
Due diligence checks will be undertaken for shortlisted applicants. Your personal information will
be handled in accordance with the Privacy Act 2020. The Ministry may also request that the New
Zealand Security Intel igence Service conduct national security screening of you as part of the
appointment process.
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The appointment process can be lengthy, taking up to six months. Your patience and
professionalism as we work through the next steps is appreciated. The outcome of the recruitment
process for the Council wil be confirmed after it has been considered by Cabinet's Appointments
and Honours Committee.
ACT
Who we are – Ko wai mātou
See the Ministry of Health Board appointments webpage for more information.
If you would like to obtain further information or clarification, or if your circumstances change or
should you wish to withdraw your application, please contact the Statutory Appointments and
Integrity Services team by emailing: [email address]
INFORMATION
OFFICIAL
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Document 2
Candidate Information on the Terms and Conditions of
Appointment to the
Midwifery Council
Health Practitioners Competence Assurance Act 2003
Introduction
This document provides information for prospective members of the Midwifery Council. It sets
out the:
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•
role and functions of the Council
•
composition of the Council
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•
terms and conditions of appointment
•
duties and responsibilities of a member.
The Role of Responsible Authorities in Regulating Health Professions
Consumers do not always have enough knowledge to make an informed decision whether
health practitioners are competent to carry out their profession.  This can be a matter of
concern when the action of an incompetent practitioner may impact on the health and safety
INFORMATION
of consumers. Health professional  regulation is one way of providing consumers with
information on a practitioner’s competence.  It ensures that only practitioners who have
demonstrated that they continue to meet the minimum standards for entry to  a health
profession can practise or use particular protected titles.
The Health Practitioners Competence Assurance Act 2003 (the Act) establishes responsible
authorities to protect consumers of the services of a wide range of health and disability
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practitioners.  The Act requires these authorities to establish the competencies required for the
registration of practitioners who demonstrate that they possess the competencies to practise
safely. The Midwifery Council is one such responsible authority.
THE
The Act defines a health practitioner as a person who is, or is deemed to be, registered with a
responsible  authority as a practitioner of a particular health profession. It also defines a
layperson as a person who is neither registered nor qualified to be registered as a health
practitioner.
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Functions of the Midwifery Council
The Midwifery Council is an independent statutory body established under section 114 (3) of
the Act.  As an independent statutory body, the Midwifery Council has an obligation to conduct
its activities in an open and ethical manner.  In addition, the Council has a duty to operate
effectively in a manner consistent with its functions as set out in section 118 of the Act.
In general, it is the func
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in order to protect the public where there is a risk of harm from the practice of the profession.
The specific functions of the Council are set out in section 118 of the Act. The Midwifery
Council is to:
•
prescribe the qualifications required for scopes of practice within the profession, and for
that purpose, to accredit and monitor educational institutions and degrees, courses of
studies and programmes
•
authorise the registration of midwives under this Act, and to maintain registers
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•  consider applications for annual practising certificates
•  review and promote the competence of midwives
•  recognise, accredit and set programmes to ensure the ongoing competence of midwives
•  receive and act on information from midwives, employers and the Health and Disability
Commissioner about the competence of midwives
•  notify employers, Accident Compensation Corporation, the Director-General of Health and
the Health and Disability Commissioner that the practice of a midwife may pose a risk of
harm to the public
•  consider the cases of midwives who may be unable to perform the functions required for
the practice of midwifery
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•  set standards of clinical competence, cultural competence (including competencies that
wil  enable effective and respectful  interaction  with  Māori)  and ethical conduct to be
ACT
observed by midwives
•  liaise with other authorities under this Act about matters of common interest
•  to promote and facilitate inter-disciplinary collaboration and co-operation in the delivery of
health services
•  promote the education and training in the profession
•  promote public awareness of the role and responsibilities of the authority
•  exercise and perform any other functions, powers and duties that are conferred or imposed
INFORMATION
on it by or under the Act or any other enactment.
Composition of the Midwifery Council
There are nine members on the Midwifery Council. The Act states in section 120(2) that the
Council will comprise:
OFFICIAL
•  a majority of members who are health practitioners; and
•  three laypersons, if the authority has at any time nine or more members
THE
Individuals appointed to the Midwifery Council wil  include midwives, other registered health
professionals as appropriate, and three laypersons.  It is expected that members wil  have a
range of experience, from first-time appointees with little experience as a member of such
authorities to members with extensive experience.
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Consumer Constituency
The consumer constituency of the Midwifery Council is those who use midwifery services.
Those who use midwifery services are a cross-section of New Zealanders in terms of ethnicity,
gender, and location.  However, the higher birth rates amongst Māori and Pacific Island women
and the cultural nature of birth practices are noted. Laypersons appointed wil  probably have
recent experience of midwifery services themselves either in the private or public sector, and/or
wil  have wide and r
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Appointment as a Member of the Council
In making yourself available to be considered for appointment, please ensure that:
•  there is no conflict of interest that would preclude your appointment
•  you are available to serve a term of office of up to three years.
As a member of the Council, you wil  be expected to follow the terms and conditions set out
below.
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Terms and Conditions of Appointment
Council members are appointed by the Minister of Health for a term of up to three years, by
notice in the Gazette. Members may be reappointed from time to time but may not be
appointed for more than nine consecutive years.
Members may decide not to continue in office at any time, in which case they must inform the
Minister of Health.
The Act states that a member of the Council is considered to have vacated their office if they
die or are adjudged bankrupt under the Insolvency Act 1967.  Members may at any time be
removed from office by the Minister of Health on the grounds of inability to perform duties of
the office, neglect of duty, or misconduct, proved to the satisfaction of the Minister.
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Duties and Responsibilities of a Member
This section sets out the Minister of Health’s expectations regarding duties and responsibilities
of a person appointed as a member of the Midwifery Council.  The intention is to aid mem
ACT  bers
of the Council to work effectively by providing them with a common set of principles for
appropriate conduct and behaviour and enable the Council to protect itself and its members
from being exposed to legal challenges.
General
•  Council members are accountable to the Minister of Health (and through the Minister of
Health to the public of New Zealand) for ensuring that midwives are competent and
effective in their practice.  The functions of the Council, set out in section 118 of the Act,
provide the parameters within which the Council operates.
INFORMATION
•  Council members attend meetings and undertake Council activities as independent people
responsible to the Council as a whole and do not act in the Council as representatives of
professional organisations or interest groups.    This is especially important because
Council members may be party to decisions which conflict with the views of some of their
constituency.
OFFICIAL
•  Members are free to express their own views within the context of Council meetings but
must publicly support a course of action decided by the Council or, if unable to do that,
must not publicly comment on decis
THE ions.
•  While it is not the role of Council members to represent any group (health profession or
otherwise), all members are expected to contribute equally to achieving the purpose of the
Council; that is, to protect the public and incorporate the perspectives of all members and
sectors of the public and to ensure that decisions are responsive to the cultural diversity
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of New Zealand.
•  There is an expectation that Council members wil  make every effort to attend all Council
meetings and devote sufficient time to become familiar with the affairs of the Council and
the wider environments within which it operates.
•  Council members will be required to serve on one or more council committees or working
groups.  This may require time in addition to that required for attendance at Council
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meetings.
Legislation and Conflicts of Interest
•  It is important that Council members have a common understanding of their role as
members in order that decisions can be reached within the spirit of the governing
legislation, namely, for the purpose of protecting the public interest through the regulation
of midwives.
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•
Council members wil  be expected to become familiar with and operate according to the
Act.  In addition, the Midwifery Council is expected to be familiar with, and operate
according to the:
o principles of natural justice and administrative law
o Health and Disability Commissioner Act 1994
o Health and Disability Services Code of Consumers’ Rights
o Health and Disability Services (Safety) Act 2001
o Trans-Tasman Mutual Recognition Act 1997
o Privacy Act 2020
1982
o Health Information Privacy Code 2020
o Treaty of Waitangi
ACT
o Human Rights Act 1993.
(The Council is also expected to comply with the intent of the Official Information Act
1982.)
•
Council members should perform their functions in good faith, honestly, and impartially
and avoid situations that may compromise their integrity or otherwise lead to conflicts of
interest.  Proper observation of these principles wil  protect them and enable public
confidence to be maintained.
•
The Council has processes for dealing with conflicts of interest. When Council members
INFORMATION
believe that they have a conflict of interest that wil  prevent them from reaching an impartial
decision or undertaking an activity consistent with the Council’s functions,  they must
declare a conflict of interest and withdraw from the discussion and/or activity.
Confidentiality
Meetings, including agenda material and minutes, of the Council are confidential. Council
OFFICIAL
members must ensure that the confidentiality of Council business is maintained.
At no time shall Council members individually divulge details of Council matters or decisions
THE
of the Council to persons who are not Council members. Disclosure of Council business to
anyone outside the Council must be the decision of the Council, or if between meetings, at the
discretion of the Chairpersons of the Committee (if authority has been delegated
Council members must ensure that electronic and paper Council documents are kept secure
to ensure  that  the confidential
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correspondence or papers can only be made with the approval of the Council.
Meetings of the Council
The Council generally meets six-weekly, except for January.  Most meetings are for one day
and are face-to-face, but some meetings may be conducted virtually.
The Council also meets every six weeks to consider ‘fitness to practice’ matters relating to
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individual midwives. These meetings are virtual and typically of 2-3 hours duration.  In addition,
members may be required to participate on subcommittees established to address specific
issues.
At any meeting of the Council the quorum necessary for the transaction of business is five
members, one of whom must be a lay member.
When carrying out its functions the Council must follow the principles of natural justice and
administrative law.  The Council must act lawfully. That is, the Council can only act within the
limits of its powers set out in the Act.  The Council must also act fairly when carrying out its
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Document 2
functions. Decisions of the Council are reviewable by the Courts, and it is also possible for
people to take civil action against the Council or its individual members. However, members
are protected by section 119 of the Act, which provides for exclusion of liability except where
a member has done, or omitted to do, something in bad faith or without reasonable care.
Fees and Al owances
Members of the Council, and of any commit ee appointed by the Council, are paid fees for
attendance at meetings.  Members of the Council are paid $750 (less tax) per day, or $93.75
per hour.  The Chair and Deputy Chair of the Council are paid $950 (less tax) per day, or
$118.75 per hour. Actual and reasonable travel and accommodation expenses are paid by the
Council.
More detailed information can be obtained from:
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Lesley Clarke
Chief Executive
ACT
Midwifery Council (04) 499 5040
[email address]
INFORMATION
OFFICIAL
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Midwifery Council
January 2026

Document Outline

H2026078923 appendix.pdf
- midwifery-council-terms-of-reference-january-2026 (1).pdf
  - Midwifery Council