There has been significant fallout from the episode, which is understood to have involved a request by a Pākehā patient undergoing surgery at North Shore Hospital.

The request was granted and resulted in Asian staff who would otherwise have been involved in the surgery being replaced.

The Herald has been told that there was no suggestion that the order was to protect the staff involved from potential violence or verbal abuse. Approval of the request angered and distressed some hospital staff.

Health NZ declined to comment on those details, and said publishing them would be irresponsible.

“We strongly suggest not publishing this information to avoid breaching the privacy of this individual. Unique clinical situations can make patients easily identifiable, and this particular patient may be able to self-identify which could impact future care,” a spokeswoman said.

“We have an obligation to provide care to all New Zealanders under the Code of Health and Disability Services Consumers’ Rights.”

In an earlier comment, Health NZ said that it has “robust escalation protocols in place for staff to raise any concerns they may have about their safety”.

“We regularly manage patients who have varied and complex needs and have processes in place to ensure our staff are safe and patients get the care they need. This includes developing, executing, and monitoring individual behaviour management plans for some patients.

“Our kaimahi [staff] deserve to be able to come to work and to do their jobs safely, without fear of aggression, violence, or racism. We are committed to ensuring that we provide an environment where our people feel safe, valued, and respected.”

Sarah Dalton, executive director of the Association of Salaried Medical Specialists (ASMS), previously told the Herald that the doctors union had been contacted by members about the situation.

“From what I have seen, the way the hospital chose to manage it was unsupportive of staff, and not culturally safe. I don’t believe Te Whatu Ora acted as a good employer in the way it chose to manage this issue,” Dalton said.

“And based on what has happened since, we don’t believe management responded well. And it would also seem they have tried to prevent our members from talking to us about the issue, and that’s a massive concern to us.”

Dalton didn’t want to comment on details involving the patient, but was critical of Health NZ for not having any apparent protocols or procedures in place for responding to such a request.

The code of consumers’ rights states that: “Every consumer has the right to express a preference as to who will provide services and have that preference met where practicable”.

However, any situation that involved someone asking not to be treated by staff based only on their ethnicity was clearly not practicable nor appropriate, Dalton said.

A spokeswoman for Health Minister Dr Shane Reti confirmed he was aware of the incident, and that he “acknowledges, as always, the commitment and hard work of frontline health staff”.

“He also acknowledges Health New Zealand’s obligation to provide care to all New Zealanders under the Code of Health and Disability Services Consumers’ Rights.”

The NZ Nurses Organisation (NZNO) has also criticised Health NZ over the incident, saying it must “do more to address systemic racism in the health sector”.

“We recognise the importance of patient rights. These should not come at the expense of the rights and dignity of our health care workforce,” said Kerri Nuku, the union’s Kaiwhakahaere.

“Regrettably, the response from Te Whatu Ora has been inadequate, demonstrating another failure to tackle racism and systemic issues.”

Mat Danaher, the E tū union director responsible for hospitals and care, said, if true, the incident would be very disappointing.

“We believe Te Whatu Ora has a responsibility to provide a safe working environment for its staff, and that pandering to racism cannot play a part in that.

“Instead the organisation needs to educate patients on the important role all staff, irrespective of origin, play in delivering care.”

Nicholas Jones is an investigative reporter at the Herald. He was a finalist for Reporter of the Year at the 2024 Voyager Media Awards, and has won numerous national media awards for his reporting and feature writing.