Breaking: Legal Threats Made to Gender-Affirming Health Professionals
A letter puts recipients “on notice” that they may one day face “legal action” for offering gender affirming care.
Hi,
Webworm can report that various health professionals involved in gender affirming care in New Zealand have received a threatening legal letter from Wellington law firm Franks Ogilvie.
Franks Ogilvie is the law firm of former ACT list MP Stephen Franks.
The letter was sent on behalf of Inflection Point NZ, an anti-trans lobby group that boasts speakers including Destiny church’s Brian Tamaki, Family First’s Bob McCroskie, and former National MP Simon O’Connor.
The letter puts recipients “on notice” that they may one day face “legal action” in relation to prescribing puberty blockers and other gender affirming care.
This is all scaremongering horseshit, but healthcare workers Webworm spoke to understandably felt “scared” by the language used.
The threats remind me of the anti-lockdown protests in Wellington in 2022 — where protestors claimed Jacinda Ardern and other politicians would be tried for treason and hung.
Health New Zealand is backing the healthcare workers, sending a letter to staff.
Webworm has obtained a copy of the letter and has reprinted it in its entirety below.
Letter from law firm representing Inflection Point NZ
In the last few days some of you may have received a letter from the legal firm Franks Ogilvie on behalf of their client, Inflection Point NZ.
The letter states that Inflection Point NZ is an association that “seeks to limit the harm to New Zealanders, especially minors, from gender-related indoctrination and medicalisation.”
This letter has been sent very widely to healthcare professionals who the authors consider may be involved in providing gender affirming care. It is a generic letter which claims to be putting clinicians “on notice” that they may at some point in the future be liable for legal action in relation to prescribing puberty blockers and other genderaffirming care.
The tone of the letter is threatening and appears to be designed to discourage clinicians from providing gender-affirming care.
A similar letter has been sent to the Professional Association for Transgender Health Aotearoa (“PATHA”) and to many providers of these services in the community.
It is clear from the letter that Inflection Point NZ does not currently have a cognisable basis for any actual legal claims, nor do they have standing to issue legal proceedings or make a complaint to the Health and Disability Commissioner. Indeed, the letter acknowledges that Franks Ogilvie have not attempted to assess the prospects of litigation by any particular individual who has received gender affirming care.
We do not consider that the letter from Franks Ogilvie warrants a response and Health New Zealand (“Health NZ”) does not intend to engage with them. Health NZ’s position is that you should continue to use your best clinical judgement in providing gender-affirming care to patients. If you have any concerns, we encourage you to reach out to your local clinical leadership for advice and support.
We acknowledge that receiving a letter like this can be very distressing and that it is challenging delivering healthcare in areas where there is an increased level of public attention or scrutiny.
We have identified additional support services available to our kaimahi working in the area of gender affirming care in the way of wellbeing, health and safety and personal security resources. These can be accessed by contacting your line manager for an individual conversation to address any specific concerns you may have.
Access to confidential counselling and support is also available through the Health NZ Employee Assistance Programme.
Please be assured that, if any complaints were to be received or legal action taken in respect of gender affirming care provided by health professionals employed by Health New Zealand, the organisation and its legal team would support you and take the lead in responding to any complaints or legal proceedings issued in relation to that care. You would also have access to individual legal support from your own professional indemnity insurer.
You are welcome to seek advice or reach out to your professional indemnity insurer or professional body (and to send them the letter from Franks Ogilvie) if you wish to do so.
We are grateful for your ongoing work in supporting this complex patient group in these challenging and stressful circumstances.
I’m glad Health New Zealand is standing behind its people. This especially:
Please be assured that, if any complaints were to be received or legal action taken in respect of gender affirming care provided by health professionals employed by Health New Zealand, the organisation and its legal team would support you and take the lead in responding to any complaints or legal proceedings issued in relation to that care.
I find it both annoying and depressing that these games from America’s playbook are well and truly alive in Aotearoa.
I hate bullies and I hate legal firms being used to scare people. Especially ones just doing their job.
A job that is valid and needed.
David.
If you have any information you want to share with Webworm, you can always reach me in confidence at: davidfarrier@protonmail.com.
Also on Webworm today:
The Rot of NZ's Biggest Churches
I am posting any feedback that comes in from these churches at the top of the comments thread below. See you there.
I should be appalled, I suppose. But it's hard to be surprised by the actions of these groups anymore. Of course, they were going to threaten health professionals with imaginary legal action... it's their modus operandi. Masking their bigotry behind a patina of legal probity.
I mean, a snake is always going to slither.
What I am encouraged by is Te Whatu Ora's response. They have shown us all what authentic leadership looks like in an environment and time where compassionate leadership is sorely lacking.
Thank you, Te Whatu Ora, for showing others the way, and thank you, David, for bringing it into the open
oh this is revolting, abusive, intimidating behaviour and it doesn't belong here, in NZ. All credit to Te Whatu Ora/Health NZ for standing behind the health professionals being threatened in such an unprofessional, bullying manner.