Māori health providers seek High Court action against Crown over Te Aka Whai Ora
Wednesday, 15 May 2024
Māori health providers have filed for a High Court action against the Crown over the way the Māori Health Authority was disestablished.
They are seeking a judicial review for breaches against the Bill of Rights and a declaration of inconsistency against Te Tiriti o Waitangi.
Meanwhile, in a move reserved for “exceptional” cases, the Waitangi Tribunal has granted a priority inquiry into the Government’s plans for Māori health.
With a High Court action filed and a Waitangi Tribunal priority inquiry scheduled, scrutiny into the Government’s decision to scrap Te Aka Whai Ora - the Māori Health Authority is expected to intensify.
Māori health providers are seeking High Court action against the Crown, challenging the manner in which the Māori Health Authority was disestablished.
On February 28, the Government passed a bill under urgency to disestablish Te Aka Whai Ora. The Waitangi Tribunal had earlier scheduled an urgent hearing into the matter that same week, but it could not proceed once the issue was before Parliament.
The plaintiffs are Te Puna Ora o Mataatua, Te Kōhao Health, Ngāti Hine Health Trust, and Papakura Marae, with support from Pou Tangata, National Iwi Chairs Forum.
Dr Chris Tooley, Te Puna Ora o Mataatua chief executive, said Te Aka Whai Ora was key to addressing systematic health inequities experienced by Māori.
Yet it was axed without a taskforce, working group or inquiry, without any policy to consult on and without an alternative blueprint to consider, he said.
“Te Aka Whai Ora was not perfect. It was a living expression of partnership and rangatiratanga and has been forged out of 40 years of struggle.”
Alongside a judicial review and breaches against the Bill of Rights, the plaintiffs are seeking a declaration of inconsistency against Te Tiriti o Waitangi.
There are fundamental obligations that do not change with political shifts and electoral cycles, Tooley said. Te Tiriti was no different and key obligations under Te Tiriti, such as partnership, are permanent and cannot be taken away.
“Te Tiriti is the foundation of our nation. For hundreds of years, tikanga was the first law of this land. It remains part of our law in Aotearoa New Zealand. Our Supreme Court has ruled accordingly,” he said.
“As Treaty partners, Māori have rights to make decisions over their own affairs. This includes the design and implementation of our own healthcare models.”
The action comes hard on the heels of the Waitangi Tribunal granting a “priority inquiry” into the axing of the authority and the Government’s plans for Māori health.
Lead claimants Lady Tureiti Moxon and Janice Kuka say the axing of the Māori Health Authority was a breach of Te Tiriti o Waitangi and Māori will suffer significant and irreversible prejudice as a result.
The Government didn’t appear to have an alternative plan, said Kuka, Turuki Health Care chair and managing director of Ngā Mataapuna Oranga.
“The knock-on effect is, we're still in the dark about what the plan is for Māori health. I feel there is widespread confusion.
“What we have is a health system that is floundering because it has no sense of direction at both a national and regional level.”
She said the new inquiry, scheduled for October, signalled that “the matter is not over”.
It will be heard as part of the existing Wai 2575 Health Services & Outcomes Kaupapa Inquiry timetabling.
In a memorandum, the Waitangi Tribunal detailed the scope of the priority inquiry which will investigate, “the Crown’s alternative proposals to improve Māori health in lieu of a Māori Health Authority”.
The Crown opposed both an urgent inquiry and a priority inquiry and has not filed evidence about what the alternative plans are.
In January submissions to the Waitangi Tribunal on the matter, the Crown said, “it was premature for it to articulate the full detail of these plans when these have not yet been worked through by Cabinet”.
“The Crown intends to proactively release these Cabinet decisions once an amendment Bill is introduced.”
The Tribunal has directed Crown counsel to file a memorandum with an update on this matter by 5pm, Monday, May 27.