A medical expert believes another baby in a similar condition to one Health NZ is trying to seek guardianship for would've been treated by now.
The baby in questions needs heart surgery and a blood transfusion, but their parents want the blood to come from donors who have not had the COVID-19 vaccine.
Health NZ is seeking guardianship of the baby and appeared in court on Wednesday, along with their parents for a preliminary hearing.
Judge Justice Harvey said the next appearance date will be Tuesday at 10am.
Paul White, lawyer for Te Whatu Ora, said the "baby is in unchartered territory" before adding the earlier we can get on with this matter the better.
White told the hearing a medical expert had told him by this stage, several weeks ago, a child with this condition would have been treated.
The baby's mother disputed the comments made by Health NZ's lawyer.
"He is stable at the moment, he's doing well, he needs an urgent operation. That's how things are at the moment," the mother said outside the court.
Earlier, protesters gathered outside the High Court in Auckland on Wednesday morning ahead of the court case.
A Newshub reporter at the scene said there were around 100 protesters outside the court at 10am.
People outside the court can be seen holding signs, with one saying, "freedom to choose" while another said "we will be heard".
Another sign said, "how will history judge you".
People outside the court can be seen holding signs, with one saying, "freedom to choose" while another says "we will be heard".
Another sign says, "how will history judge you".
The baby's mother arrived at the court just after 10am. A Newshub reporter said the parents brought the baby to court.
Steve Oliver, a friend of the family, talked to the crowd and said the case is ultimately about the right to choose.
"Here we are again, it's just a so big political thing. It's the freedom to choose. These parents want what's best for their kids. They love their kids dearly," Oliver said.
"They want the surgery it's not like they don't want the surgery desperately but they're just asking if they can have their own donors donate and go ahead with the surgery."
Te Whatu Ora Health New Zealand said in a statement the decision to make a court application is always made with the best interests of the child in mind and following extensive conversations with the whānau.
"We know that it can be worrying when parents have a child who is unwell, and are making decisions about their care," Te Whatu Ora Te Toka Tumai Auckland’s interim director, Dr Mike Shepherd said.
