In light of controversy recorded in the judgment of Hon Justice Heath in Re an unborn child (HC Hamilton, 11 October 2002) concerning a woman's attempt to have the birth of her child recorded for purposes that have been acknowledged as including a pornographic film, I regard it as inconsistent with the objectives of a DHB that its facilities be used for any such purpose.
It is the policy of the Government that the resources of DHBs are to be applied in pursuance of their objectives, and in particular, that the facilities of DHBs are not to be used to produce or promote pornography.
Therefore, pursuant to section 32 of the New Zealand Public Health and Disability Act 2000, I direct the Waikato DHB as follows:
1. The DHB must not permit on or within its premises any filming or recording for purposes that it has reason to believe may include a pornographic purpose.
2. The DHB may permit on or within its premises any other filming or recording only in accordance with clause 3 of this direction.
3. Subject to clause 1 of this direction and any other lawful restrictions, the DHB may permit on or within its premises any filming or recording:
(a) for any of the following purposes:
(i) personal and private purposes; or
(ii) clinical or educational purposes; or
(iii) purposes of the news media; and
(b) where the DHB believes it to be necessary or desirable.
4. This direction does not affect any existing power of the Waikato DHB to restrict access to, or to restrict filming or recording on, its premises.
5. For the purposes of this direction, references to "filming or recording" include still photography, sound recording, and visual and sound images.
Dated at Wellington this 17th day of October 2002.
ANNETTE KING, Minister of Health.