Key Takeaways
- A protected disclosure prompted Health New Zealand’s board to commission an independent investigation led by former Solicitor‑General Michael Heron KC into radiology services in Hawke’s Bay Hospital.
- The probe follows a 2021 investigation that found patients had suffered harm for years due to outdated and unsafe radiology technology and processes at the same facility.
- Radiology workforce shortages and fragmented scanning systems have been chronic problems across multiple districts, contributing to staff stress and increased risk of misdiagnosis.
- While the investigation is underway, Health NZ has confirmed that relevant staff are being interviewed but has not committed to publishing the findings.
- The Association of Salaried Medical Specialists (ASMS) is supporting doctors and nurses invited to speak with Heron, emphasizing protections under the Protected Disclosures Act 2022.
- The outcome of the inquiry could influence future national efforts to modernize medical imaging infrastructure and strengthen whistleblower safeguards within the public health system.
Whistleblower Triggers Independent Investigation
A protected disclosure made by a Hawke’s Bay Hospital employee brought to light serious concerns about the quality and safety of radiology services, prompting Health New Zealand’s board to act. Under the Protected Disclosures Act 2022, employees who report suspected wrongdoing in good faith are shielded from retaliation, and the disclosure triggered a formal inquiry. The board confirmed that the matter was sufficiently serious to warrant an external, independent review rather than an internal audit. This step reflects a growing reliance on legal‑led investigations when systemic issues in public health services are alleged, ensuring impartiality and procedural fairness for both whistleblowers and implicated staff.
Appointment of Michael Heron KC as Lead Investigator
The board appointed Michael Heron KC, a former Solicitor‑General with a distinguished record of heading high‑profile government inquiries, to lead the investigation. Heron’s prior work includes reviews of Census data misuse, judicial conduct, and culture assessments for the Law Society, demonstrating his expertise in navigating complex institutional challenges. His involvement signals the seriousness with which Health NZ treats the allegation, as his reputation for thoroughness and independence is intended to lend credibility to the process. Heron is expected to interview clinicians, administrators, and technical staff, and to examine documentation related to radiology equipment, reporting pathways, and patient outcomes.
Historical Failures at Hawke’s Bay Hospital
Three years prior to the current probe, an investigation uncovered that patients at Hawke’s Bay Hospital had endured preventable harm for years because of substandard radiology technology and unsafe imaging processes. The earlier report highlighted faulty equipment, delayed image acquisition, and inadequate communication of critical findings, all of which contributed to diagnostic errors and potential patient injury. Despite repeated warnings from clinicians and internal audits, corrective actions were delayed or insufficient, allowing the problems to persist. The recurrence of similar concerns in the latest protected disclosure suggests that systemic deficiencies were not fully resolved, prompting renewed scrutiny.
Nationwide Technology and Workforce Struggles
Beyond Hawke’s Bay, Health New Zealand has grappled with outdated and fragmented radiology infrastructure across many districts, especially in the central North Island. In 2024, documents obtained by RNZ revealed that hospitals in the region were struggling to replace unstable medical‑scanning systems, with fault rates rising rapidly. Concurrently, radiology departments face chronic workforce shortages, leaving existing staff overburdened and increasing the likelihood of missed or misinterpreted scans. These stressors not only jeopardize patient safety but also contribute to burnout, recruitment difficulties, and retention challenges within the specialty.
Board Response and Confidentiality Commitments
Health New Zealand’s board chairperson Dr Levy and deputy chairperson Dr Connolly issued a statement confirming the independent investigation while emphasizing its confidential nature. They noted that relevant staff were being interviewed as part of Heron’s process but declined to disclose whether the eventual findings would be made public. The board’s caution reflects a balance between transparency and the need to protect the integrity of the investigation, particularly given the sensitivity of personnel matters and potential legal implications. Nevertheless, the statement reiterated the board’s commitment to addressing any identified shortcomings once the inquiry concludes.
Involvement of the Association of Salaried Medical Specialists
The Association of Salaried Medical Specialists (ASMS) has been actively engaged, informing its members that doctors and nurses from Hawke’s Bay Hospital have been invited to speak with Michael Heron KC. ASMS executive director Sarah Dalton said the union is providing advice and support to those participants, ensuring they understand their rights under the Protected Disclosures Act. The union also highlighted an alleged commitment from board chair Lester Levy that the inquiry’s findings would be made public—a promise that, as of the latest updates, has not yet been fulfilled. ASMS’s involvement underscores the importance of professional representation for clinicians navigating investigative processes.
Legal Framework: Protected Disclosures Act 2022
The Protected Disclosures Act 2022 safeguards employees who, in good faith, report serious wrongdoing they reasonably believe is occurring in their workplace. It prohibits retaliation such as dismissal, demotion, or harassment and provides avenues for redress if such actions occur. In the context of the current investigation, the Act ensures that the whistleblower who raised concerns about radiology services cannot be penalized for coming forward. It also obliges the employer to handle the disclosure appropriately, which in this case meant commissioning an independent review rather than attempting to suppress the issue internally.
Outlook and Next Steps
Michael Heron KC is scheduled to visit Hawke’s Bay Hospital later this month to conduct interviews and gather evidence. The investigation’s terms of reference reportedly include a commitment to make the findings public, although Health NZ has not yet confirmed a timeline for release. Stakeholders—including clinicians, patients, and policymakers—await the outcome, which could prompt accelerated upgrades to radiology technology, targeted recruitment and retention strategies for the radiology workforce, and stronger institutional protections for whistleblowers. The inquiry may thus serve as a catalyst for broader reforms aimed at preventing recurrent safety lapses in New Zealand’s public health imaging services.