New Zealand’s largest equal pay challenge will now head to mediation.

The New Zealand College of Midwives (NZCOM) has accepted an eleventh hour Ministry of Health offer to have its case heard in mediation instead of court.

The College filed a statement of claim in the High Court in 2015 against the government’s Ministry of Health, alleging its pay levels breach gender rules under the New Zealand Bill of Rights Act.

In its landmark claim, the College alleged the inadequate remuneration of about 1000 self-employed, community-based Lead Maternity Carer (LMC) midwives was based on gender discrimination.

The College launched the legal battle to ensure midwifery remains an attractive career choice which is financially sustainable, with remuneration reflecting the value of midwifery-provided services.

Despite the move to mediation, the case, which was due to be heard in the Wellington High Court this month, was adjourned instead of being withdrawn, allowing the College to proceed to court if the parties fail to reach an agreement within three months.

NZCOM chief executive Karen Guilliland said it’s the first time the College has received “an unencumbered offer” to discuss and negotiate with executive government decision-makers.

“This new offer is a real breakthrough. We were prepared to go to court because it seemed we had no alternative,” she said.

“We had made numerous attempts to have serious discussions with the Ministry of Health over conditions and pay equity but had got nowhere.”

Ms Guilliland said pay parity will remain at the centre of the negotiations.

Discussions with the Ministry would not have occurred without the College taking its claims action to the High Court, she said.

“We are not a union, we are not litigators, we are midwives caring for women and their babies and we want to be able to continuing doing just that within a safe and sustainable maternity service.”

New Zealand women have a choice of where they give birth. The LMC midwife works with women and provides care in the woman’s choice of birth place.

In 2015, there were 61,036 births up from the 57,242 births registered in 2014. The number of women registering for LMC has increased to 50,878, while the number of women registered with a general practitioner has fallen from 6,902 in 1999 to just 261 last year.

The College, which represents more than 3100 members, claims midwives are being discriminated against on the basis of gender, as their pay and conditions have failed to keep pace with that of traditionally male-dominated professions with similar levels of education and responsibility.

In 2015, the average taxable income of an LMC midwife, after business expenses, stood at $58,239.