Bill to disestablish Māori Health Authority to be tabled by March 8

Monday, 5 February 2024

The Government has signalled it will present a bill in the coming months that would disestablish the Māori Health Authority, however it refuses to elaborate on alternative plans.

The detail was laid out in a Memorandum of Counsel for the Crown seen by Stuff in response to an urgent claim made to the tribunal, against the disestablishment of the Authority.

If Parliament passes the Bill, Te Aka Whai Ora will be formally disestablished by June 30, however Crown Counsel says this could also happen sooner.

National, ACT and New Zealand First formed a coalition government with all three parties agreeing to abolish the authority.

National criticised Te Aka Whai Ora during the election campaign for creating more bureaucracy, and promised to replace it with a Māori health directorate inside the Ministry of Health.

The Waitangi Tribunal earlier directed the Crown to explain how it intends to engage with Māori on alternative plans, as well as what said plans are.

In response, Crown Counsel said it would be inappropriate to release the full detail of the Coalition Government’s plans when these details have not yet been worked through by Cabinet.

“As indicated by the Coalition Government’s 100-day plan, there is a clear proposal to legislate,“ the Memorandum said.

Crown law said they were legislating on the non-interference principle, asking the Tribunal to wait until a Bill is passed before deciding on whether to accept the urgent claim.

Under The Treaty of Waitangi Act 1975 section 6 (1) a-d the Waitangi Tribunal has explicit jurisdiction that no other court has to consider claims.

Specifically, when “the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission, was or is inconsistent with the principles of the Treaty”.

Co-claimant Lady Tureiti Moxon said asking the Tribunal to wait to accept an urgent hearing was ‘disrespectful’ to the treaty.

“What we do know is that the Crown is not prepared to wait for the guidance of the Tribunal which is extraordinary yet not unexpected. It is also going further by telling the Tribunal it shouldn't use its own jurisdiction to hear the case,” she said.

“Dismissive unilateral actions like this are disrespectful to Te Tiriti o Waitangi and alarming given the legal status of the Tribunal, especially given the overwhelming tested evidence about disproportionate Māori health outcomes that formed the basis of the Hauora Report leading to the creation of the Māori Health Authority.”