An application for an urgent injunction has been made by District Health Boards across the country to stop doctors from striking on November 23 and 24.
The 20 DHBs made the application to the Employment Court to stop the strike resident doctors had planned in support of safer rosters.
The DHBs have claimed the recently graduated doctors cannot strike because they were not employees at the time they were balloted for strike action, even though they will be employees when the strike takes place.
However, if the injunction is successful, doctors say they will strike at another date.
"All it will do is delay strike action because as soon as the definitive hearing is held the answer to the legal question is determined, and we issue a strike notice again," Dr Deborah Powell, National Secretary of the New Zealand Resident Doctors' Association, told Newshub.
"It doesn't stop strike action, it just delays it."
Dr Powell said the DHBs aren't prepared to negotiate a suitable deal and the attitude is "ludicrous".
"Stop trying to find some reason to justify not settling the collective. The offer is not good enough. We still have bargaining to do to find a compromise between ourselves, and the best place to do that is at the bargaining table."
NZN / Newshub.