The Free Speech Union has written to Te Whatu Ora on behalf of a senior healthcare worker over posts made on her personal X/Twitter account saying that the public health agency should refuse to become involved in matters not related to the performance of their employee’s professional duties. 

It comes after a complaint was made to Te Whatu Ora after a connection between the healthcare professional and the anonymous X/Twitter account, MomoStJohn, was made. 

It is understood that the complaint related to two tweets that were perceived they might be considered racist and transphobic. 

The union stepped in after news outlet Stuff contacted the staffer saying they would be running on her social media conduct.

Despite contacting MomoStJohn with a deadline, Stuff is yet to publish a story on the matter. Te Whatu Ora issued a statement confirming that they would be raising concerns directly with the employee as part of their normal organisational processes. 

“Te Whatu Ora has clear expectations around the behaviour of our staff on social media. We note that on this occasion, to the best of our knowledge, the person involved did not reference their place of work.”  

“We recognise people’s rights to state personal opinions but do not support any commentary that that may be perceived as discriminatory against people on the basis of their race or sexual orientation,” it said, in its statement to the Christchurch newspaper last week. 

MomoStJohn issued a statement saying: “as a woman belonging to an ethnic minority in Aotearoa NZ, I am confident that I treat all of my patients with dignity and respect. 

“My tweets often relate to a wide range of topics such as climate change, women’s rights, and social issues and I will often re-tweet the opinions or views of global academics and thought leaders. 

“The purpose of this is to stimulate debate and present a widened and international lens on these subjects no matter how confronting they are. 

The Free Speech Union’s chief executive, Jonathan Ayling, yesterday wrote to Te Whatu Ora’s chief people officer, Andrew Slater, raising concerns about its handling of the matter. 

In his letter, seen by Newstalk ZB Plus, Ayling said Te Whatu Ora should refuse to become involved in any staff member’s opinion unrelated to their work. 

“It is beyond the relationship between the employer and employee, and Te Whatu Ora should have merely noted that is has no business in approving or disapproving of an employee’s opinions on matters not going to the performance of their professional duties.” 

Asked about the letter by Newstalk ZB Plus yesterday afternoon, Te Whatu Ora stated they had no further comment as it was an employment matter. 

Ayling reminded the agency of two sections of the Bill of Rights Act – which related to freedom of thought and freedom of expression – saying employees have those rights. 

Ayling noted in his letter that the matter had been “considered” by health minister Ayesha Verrall’s office. 

However, a spokesperson for Verrall confirmed to Newstalk ZB Plus that the issue had not been raised or considered by the minister or her office.  

In his capacity as a Council Member of the Free Speech Union, lawyer and former ACT MP Stephen Franks published an article on the controversy in which he stated, “this is a very dangerous takeover of state powers. It treats the idea of the tolerant secular state, which drove the NZ Bill of Rights Act protections of freedom of opinion and freedom of speech, as quaint anachronisms – to be ignored.”