I tētāhi whakatau kāhore i tino kite, ka whakahau te Taraipiunara mō te tuku i ngā tuhinga mō Te Aka Whai Ora

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.

Ka tukua te Kāwanatanga ngā hāora e 48 noa iho hei whakaputa i ngā tuhinga e whakaatu ana i ngā whakaaro me ngā tohutohu i whakawhiwhia e rātou mō te whakakore i Te Aka Whai Ora.

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.

Ka whakahau te Kaiwhakawā a Damian Stone i te Kāwanatanga kia tuku i ngā tuhinga e waru, he kore muku, e whakaatu ana i ngā tohutohu i whakawhiwhia e rātou me te tukanga i whaia ki te whakakore i Te Aka Whai Ora. I tuku taua whakahau a Stone hei āpiha kaiārahi o Te Rōpū Whakamana i te Tiriti o Waitangi e rāngona ana he kerēme mō ngā manarite-kore hauora e pā ana i te Māori.

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.

Read this story in English here.

Ka kīia e ngā rōia Tiriti he mahi whakaharahara mō te Taraipiunara kia whakahau mō te tuku tuhinga i tautuhia ai, he kore muku.

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

Hei tā tētahi māngai mō te Minita Hauora a Shane Reti, ka whakaae te Kāwanatanga ki tā te Taraipiunara whakahau. Nā tērā, ka whakaputangia pea ngā tuhinga i ngā hāora tata e kainamu mai nei.

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.

I roto i tētahi tuhinga ki te Kāwanatanga i te Tūrei, ka kīia e te Taraipiunara e kawatau ana a ia i te whakaputa i ngā tuhinga i mua i te 5pm i te Tāite.

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

Hei tā Roimata Smail, he rōia e mahi ana mō ngā kaikerēme i whakarewa i te whakatewhatewha hauora Māori, kāhore anō i kitea tā te Taraipiunara whakatakoto i tēnei mana whakahaere.

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

“I roto i ngā tau e 20 i whakapaua i tēnei wāhanga ture, kāhore e taea te maumahara ki tēnei āhuatanga,” ka kī a ia.

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

“He pēnei ki ētahi atu kaiwhakatau, he hirahira tā te Taraipiunara whiwhi i ngā mōhiotanga katoa hei whakatutuki i tāna mahi. Hei kōmihana uiuinga he mana tōna kia whakahaua mō te tuku katoa i ngā mōhiotanga e tika ana,” hei tāpiri.

“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.

Ka tuku te Ture Taraipiunara Waitangi i te mana hei “tuku tohutohu” ki ngā mema e kaiārahi ana o te Taraipiunara.

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

Ko tā te ture he mana maha e taea ai e te Taraipiunara te whakatakoto, engari i horokukū a ia kia whakamahi katoa te kaha o te ture kia āia te Kāwanatanga me ngā minita.

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.

I te Āperira, i tētahi āhuatanga kāhore i tino kite, ka karangatia te Minita mō ngā Tamariki a Karen Chour kia whakamahuki i tāna whakatau ki te muku i ngā herenga Tiriti i te Ture Oranga Tamariki. Engari i kakari a Chour i taua karanga mā Te Tari Ture o te Karauna, nā rātou i angitu i tā rātou tautohe ki te karanga.

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.

I tēnei kēhi, hei tā Reti tari, ka whakaute rātou i tā te Taraipiunara tukanga.

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.

“Ka whakaute te Karauna i te mahi a te Taraipiunara, ā, ka tautoko tonu mātou i te tukanga. Me tuku ētahi pātai tū atu i ēnei ki te Manatū Hauora hei umanga kaiārahi mō tēnei uiuinga,” ka kī te māngai.

“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.

I hiahiatia e te Kāwanatanga Haumi te tere turaki i Te Aka Whai Ora. I whakature hohoro rātou kia kati i te umanga i te Pēpuere. Ka katia te umanga i te Āperira.

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

I mahia e te umanga mō ngā marama e 18 noa iho, nā te Kāwanatanga o mua a Reipa i tohutohu mō te aro pū ki te mahi e muku ai te āputa mō te roanga o te oranga i waenga i te Māori me te tauiwi. I tēnei wā e kawatau ana te mate wawe e 7.5 tau te roa o te pēpi Māori i mua i tōna hoa tauiwi.

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.

– This story was translated by Stuff kaiwhakamāori Joel Maxwell.

This is a Public Interest Journalism-funded translation through NZ On Air