In rare move, Waitangi Tribunal orders release of Māori Health Authority documents

Wednesday, 13 November 2024

The Ministry of Health's top Māori executive John Whaanga says its research consistently shows Māori aren't getting the same treatment or access to services resulting in different health outcomes. First published 2019.

The Government has been given just 48 hours to release documents showing the reasoning and advice it received for disestablishing Te Aka Whai Ora, the Māori Health Authority.

Judge Damian Stone directed the Government to release eight documents, without redactions, which show the advice it received and the process it took to close Te Aka Whai Ora. Stone made the order as the presiding officer of the Waitangi Tribunal, hearing a claim about Māori health inequities.

Treaty lawyers said it was an extraordinary move for the Tribunal to order for specific documents to be released, without redactions.

A spokesperson for Health Minister Shane Reti indicated the Government would abide by the Tribunal’s order. That meant the documents could be released in a matter of hours.

Read this story in te reo Māori and English here. / Pānuitia tēnei i te reo Māori me te reo Pākehā ki konei.

The Tribunal wrote to the Government on Tuesday, saying it expected the documents to be released by 5pm on Thursday.

Roimata Smail, a barrister working for claimants who launched the Māori health inquiry, said she had never before seen the Tribunal use this power.

“In the 20 years I’ve been in the jurisdiction, I can’t recall this happening,” she said.

“Like any other decision maker, it is important the Tribunal has all the information it needs to do its job. As a commission of inquiry it has the power to direct that relevant information is provided,” she added.

Roimata Smail is a Treaty expert and lawyer who has represented claimants at the Waitangi Tribunal for 20 years.

The Waitangi Tribunal Act gave presiding members of the Tribunal the power to “issue directions”.

That act has a range of powers the Tribunal can use, but it has historically been reluctant to use the full force of the law to compel the Government and ministers.

In April, it took the rare step of issuing a summons to Children’s Minister Karen Chhour to explain her decision to repeal Treaty obligations for the Oranga Tamariki Act. But Chhour fought the summons through Crown Law, which successful argued against the summons.

Health Minsiter Shane Reti said the Government would respect the Tribunal’s process.

In this case, Reti’s office said they would respect the Tribunal’s process.

“The Crown respects the work of the Tribunal and will continue to support inquiry process. Any further questions on procedural matters are best directed to the Ministry of Health as the lead agency for this inquiry,” the spokesperson said.

The coalition Government sought to dismantle Te Aka Whai, at pace. It passed law under urgency to close the authority in February. The authority officially closed in April.

It had only been operating for about 18 months and was tasked, by the previous Labour Government, to focus on closing the life expectancy gap between Māori and non-Māori. Currently, a Māori pēpi born today is expected to die 7.5 years before a non-Māori peer.