Government only partially adheres to Waitangi Tribunal order, as tensions heat up

Friday, 15 November 2024

The Government’s decision to repeal Te Aka Whai Ora, the Māori Health Authority, is under review at the Waitangi Tribunal. Health Minister Shane Reti closed the authority early this year.

The Health Ministry has only partially adhered to a Waitangi Tribunal order for unredacted information regarding the closure of Te Aka Whai Ora, the Māori Health Authority.

The Tribunal made a rare order on Tuesday, giving the Government just 48 hours to release eight documents, without redactions, which show the advice it received and the process it took to close Te Aka Whai Ora.

The order was made as part of the Tribunal’s ongoing Māori health inquiry.

The claimants, led by Lady Tureiti Moxon and Janice Kuka, on Friday told Stuff that the Government missed the Tribunal’s deadline and only supplied some of the documents which had been ordered for release.

A Ministry of Health spokesperson confirmed it released a number of documents on Thursday night, but asked for more for “consultation” before releasing the remaining documents.

Why it matters

Legal experts said they hadn’t seen the Tribunal use this power for at least 20 years, and called an exceptionally rare move.

That move comes at a time when tension between the Tribunal and Government is ratcheting up. Government ministers have been fighting the Tribunal’s attempts to draw information from ministers and their departments.

In April, the Government called in its top lawyer, Solicitor General Una Jagose, to fight in the High Court to stop the Tribunal from summoning Children’s Minister Karen Chhour after she refused to front up and explain her decision to remove Treaty obligations for the Oranga Tamariki Act.

Lady Tureiti Moxon works to improve Māori launch and has launched a Waitangi Tribunal claim against the Government, saying it is failing to support health equity.

Meanwhile, the coalition Government plans to review the act governing the Waitangi Tribunal. On Thursday, Prime Minister Christopher Luxon said there were “genuine” questions about the role of the Tribunal in the future - especially as many historical Treaty claims are settled.

Key players

Health Minister Shane Reti said on Thursday, just hours before the Waitangi Tribunal’s 5pm deadline, that the Government was still considering legal advice about whether it should - or needed to - abide by the Waitangi Tribunal order.

Judge Damian Stone, a presiding officer of the Tribunal, instructed the Government to release the documents using the Treaty of Waitangi Act’s power for the Tribunal to “issue directions”.

Meanwhile, the NZ First coalition agreement includes a promise to review the role, powers and scope of the Tribunal. On Thursday, both Prime Minister Christopher Luxon and Reti said there were questions to be asked about the purpose of the Tribunal. NZ First’s Shane Jones has been particularly vocal with criticism of it.

Prime Minister Christopher Luxon says comments made by David Seymour and Shane Jones aren't appropriate conduct.

At the core of this matter, however, is the health inequities facing Māori - who, on average, are expected to die 7.5 years earlier than non-Māori.

Lady Tureiti Moxon argues the Government has failed in its duty to protect and partner with Māori, in closing Te Aka Whai Ora - which was tasked with improving Māori health. She said it had no mandate from Māori to close the authority.

The breakdown

The claimants said Crown lawyers supplied most of the documents, as the Tribunal requested, at about 8:40pm on Thursday night.

The Crown wrote to the Tribunal, saying it needed more time to provide the remaining information. It asked for another week to prepare the documents.

The documents, seen by Stuff, show the Government moved at pace to disestablish Te Aka Whai Ora following coalition negotiations in November.

A plan was put to Cabinet in January, with legislation passed under urgency in February. The authority officially closed in April, and the documents show that health officials were tasked with finding an alternative method of improving Māori health outcomes - without that department.

Stuff originally reported on Wednesday that it appeared the Government was going to follow the Tribunal's direction, based on a statement from Reti’s office saying it respected and would support the Tribunal.

However, on Thursday, Reti said officials were considering new legal advice. He said they had been working out the best way to respond, and was unable to guarantee - as of 2pm - what would be released.

Reti said it was an “operational” issue for the Ministry of Health.

The ministry said the documents yet to be released included information “which does not relate to the disestablishment of Te Aka Whai Ora”.

“While this process is ongoing the ministry is not in a position to comment further,” the spokesperson said.