If Southern District Health Board chief executive Brian Rousseau decides to appoint two neurosurgeons, the Director-general of Health Stephen McKernan does not have the statutory power to stop him.
Mr McKernan advised the Otago Daily Times yesterday that while he had requested that Mr Rousseau not make permanent neurosurgery appointments at this stage, he agreed the chief executive was the employer with the power to make decisions over appointments.
As the employer he would be expected to make decisions that were in the best interest locally, regionally and nationally.
Mr McKernan this week announced he was calling together an expert panel to advise him on the impasse affecting plans for a regional neurosurgical service in the South.
The Southern and Canterbury boards cannot agree on the shape of the service; Southern wanting two neurosurgeons resident in Dunedin, and Canterbury wanting all six living there.
In response to questions, Mr McKernan said it was his view it made no sense to appoint any permanent neurosurgical clinical staff until this matter had been decided and a transition plan developed.
In the meantime, patient needs would continue to be met by the existing services.
"Ensuring a service that is safe, effective and sustainable - both clinically and financially - is the most important consideration and that will ultimately assist in employing staff in future."
A month ago, Mr Rousseau wrote to Mr McKernan advising he had two neurosurgeons "literally on standby" to accept positions in Dunedin, and he had decided he must act immediately to appoint them or risk losing them.
Mr McKernan's email statement did not address specific questions about advice he may have issued to Mr Rousseau in the month before his public announcement on the panel this week.
He also did not indicate whether Mr Rousseau had advised him of what he intended to do on the employment issue.
Nothing in the statement referred to a question asking if the Southern board could offer a better service by having the two neurosurgeons appointed now.
Southern has been making do with locum neurosurgery cover since the beginning of last year and had delayed making appointments because of the uncertainty over the setup of the service, which was supposed to have been resolved by March.
Others involved in the issue are also being tight-lipped.
Mr Rousseau and Mr Millar are not prepared to comment on anything because of the agreed protocol with the South Island district health boards which has appointed Chris Fleming (South Canterbury) as spokesman on the issue.
Mr Fleming was not prepared to comment on the issue of Mr Rousseau's situation regarding possible appointments.
A district health board chief executive's power to make appointments comes under the New Zealand Public Health and Disability Act.
While he/she is obliged to consult the director-general on collective agreements before confirming them, he/she is empowered to make individual appointments without any interference from the board or the director-general.
