This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

(a.)

All offices, institutions, appointments, licenses, regulations, orders, registers, registrations, notices, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

(b.)

All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

2 Interpretation.

1904, No. 31, sec. 2

In this Act, if not inconsistent with the context,—

“Midwife” means a woman registered under this Act:

“Minister” means the Minister of the Crown for the time being in charge of hospitals:

“Prescribed” means prescribed by this Act or by regulations made thereunder:

“Register” means the Register of Midwives:

“Registrar” means the Inspector-General of Hospitals.

3 Register of Midwives.

1904, No. 31, sec. 3

The Registrar shall from time to time cause the names of all duly qualified midwives to be registered in a book to be kept by him at his office, called the “Register of Midwives.”

4 Who entitled to be registered.

Ibid, sec. 4

Every woman is entitled to be registered, on payment of the prescribed fee, who satisfies the Registrar that she holds—

(a.)

A certificate in midwifery from any recognised training school in midwifery, or from the Obstetrical Society in London, or such other certificate as may be approved by the Registrar; or

(b.)

A certificate under this Act or “The Midwives Act, 1904.”

5 Maternity hospitals.

Ibid, sec. 5

There shall be established in New Zealand one or more State Maternity Hospitals, where pupil nurses can, on payment of the prescribed fee, be carefully instructed in all duties required for the welfare of mother and infant during and immediately after childbirth.

6 Instruction to pupil nurses.

Ibid, sec. 6

Instruction shall be given to pupil nurses—

(a.)

By means of lectures and practical teaching in and outside of the hospital; and

(b.)

By a period of midwifery work.

7 Examinations.

Ibid, sec. 7

Examinations of pupil nurses in the prescribed subjects shall be held at the prescribed times and places.

8 Successful pupil nurses entitled to a certificate.

Ibid, sec. 8

Every pupil nurse who satisfies the examiners at any such examination as to her proficiency, and that she has attended lectures at a State Maternity Hospital, or other institution recognised by the Registrar as affording to its nurses sufficient training in midwifery, for a period of six months in the case of a nurse registered under “The Nurses Registration Act, 1908,” or of twelve months in any other case, and has attended the prescribed number of cases of labour, is entitled to a certificate under this Act.

9 Notice of practice as a midwife to be given.

Ibid, sec. 9

Every woman registered under this Act shall, not later than the thirty-first day of January in every year, or before commencing to practise as a midwife in any place, as the case may be, forward to the Registrar notice of her intention to practise or to continue the practice of midwifery, and of her place of abode; and the Registrar shall forthwith send particulars of such notice to the proper District Health Officer.

10 Particulars in notice.

Ibid, sec. 10

Such notice shall contain such particulars as may be prescribed to secure the identification of the person giving it, and, after being recorded by the District Health Officer, be returned by him to the Registrar.

11 District Health Officer to supervise midwives in his district.

Ibid, sec. 11

(1.)

Every District Health Officer shall be the local supervising authority over midwives within his district, and shall have power—

(a.)

To temporarily suspend any midwife from practice, in any case where such suspension appears necessary in order to prevent the spread of infection:

(b.)

To investigate charges of malpractice, negligence, or misconduct on the part of any midwife practising within his district, and in any case where a prima facie case is established to report the same to the Minister.

(2.)

He shall also report at once to the Minister the name of any midwife practising in his district who is convicted of any indictable offence.

12 Minister may remove name from register.

1904, No. 31, sec. 12

The Minister may, by writing under his hand, order to be removed from the register the name of any midwife convicted of any indictable offence, or who is proved to have been guilty of any malpractice or misconduct.

13 Right of appeal.

Ibid, sec. 13

(1.)

Any woman who thinks herself aggrieved by any decision of the Registrar in refusing to enter her name in the register, or of the Minister in removing her name from the register, may within three months after the date of the decision appeal to the Magistrate’s Court in a summary way.

(2.)

The Court may make such order as it thinks just, and such order shall have effect accordingly.

14 Register to be gazetted.

Ibid, sec. 14

(1.)

The Registrar shall in the month of April in every year cause a copy of the register, corrected to the thirty-first day of March then last past, to be published in the Gazette.

Gazette evidence.

(2.)

A copy of the Gazette containing such register shall be evidence that the women therein named are registered under this Act, and the absence of the name of any woman from such copy shall be prima facie evidence that she is not registered under this Act:

Provided that, in the case of a woman whose name does not appear in such copy, a certificate under the hand of the Registrar of the entry of her name in the register shall be evidence that she is registered under this Act.

15 Only registered midwives to practise.

Ibid, sec. 15

Every woman is liable to a fine not exceeding twenty pounds who, not being registered under this Act, practises as a midwife, or takes or uses the name or title of a midwife (either alone or in combination with any other word or words), or any name, title, addition, or description implying that she is registered under this Act or is qualified to practise or is recognised by law as a midwife:

Provided that nothing herein shall apply to any legally qualified medical practitioner, or to any woman rendering assistance in a case of emergency.

16 Offences relating to the register.

Ibid, sec. 16

Every person is liable to twelve months’ imprisonment who—

(a.)

Procures or attempts to procure a certificate under this Act by making or producing, or causing to be made or produced, any false or fraudulent declaration, certificate, or representation, either in writing or otherwise; or

(b.)

Wilfully makes or causes to be made any falsification in any matter relating to the Register of Midwives.

17 Registration not to carry right to medical practise.

Ibid, sec. 17

Registration under this Act shall not confer on any woman any right or title to be registered under any Act relating to medical practitioners, or to assume any name, title, or designation implying that she is by law recognised as a medical practitioner, or that she is authorised to grant any medical certificate or any certificate of death or still-birth, or to undertake the charge of cases of abnormality or disease in connection with parturition.

18 Appointments.

Ibid, sec. 18

The Governor may from time to time appoint fit persons to be—

(a.)

Examiners of pupil nurses under this Act; and

(b.)

Matrons of maternity hospitals established under this Act.

19 Regulations.

1904, No, 31, sec. 1

The Governor may from time to time, by Order in Council gazetted, make regulations—

(a.)

Prescribing the subjects of examinations under this Act:

(b.)

Providing for the regulation of maternity hospitals, and the training therein of pupil nurses:

(c.)

Fixing a scale of fees to be paid by patients who come to maternity hospitals for confinement, or who are attended as patients outside the hospital, by pupil nurses on their admission to any such hospital, and by midwives on registration:

(d.)

Providing for the admission to maternity hospitals of omen who are unable to pay the prescribed fees, and for their treatment and attendance as out-patients:

(e.)

Regulating the use and non-use of any instrument and drug by midwives, and defining what shall be deemed to be malpractices by midwives:

(f.)

Providing for the right of any society or person, on account of the gift or annual subscription of the prescribed amount, to nominate a patient at any maternity hospital free of cost:

(g.)

Generally providing for anything which by this Act is expressed to be prescribed, or which the Governor considers necessary in order to carry out the purposes of this Act.

20 Application of fees.

Ibid, sec. 20

All patients’ fees, fees of pupil nurses, and midwives’ registration fees, and other moneys received under this Act, shall be paid into the Public Account and form part of the Consolidated Fund.

21 Registration of existing institutions.

Ibid, sec. 21

The Registrar may cause any existing public or private hospital (the managers whereof provide to his satisfaction for the instruction of pupil nurses, and comply with all other requirements of this Act and of the regulations made thereunder) to be registered (upon application) as a State Maternity Hospital, and may at any time cancel such registration in the case of any such hospital which fails to continue to comply with such requirements, or any of them.

Schedule Enactments Consolidated

1904, No. 31.—“The Midwives Act, 1904.”

Midwives Act 1908