Waitangi Tribunal claim filed against move to disestablish Māori Health Authority

Thursday, 14 December 2023

An urgent claim has been made to the Waitangi Tribunal, concerning the Government's intention to disestablish Te Aka Whai Ora – the Māori Health Authority.

This is the second urgent application made in less than a week, with many Māori organisations mounting opposition to Government policies impacting Māori.

Māori-Crown Relations Minister Tama Potaka played down the two claims, saying claims were lodged “on a regular basis” against the Government. Earlier this week, Ngāi Te Rangi launched an urgent Tribunal claim protesting the Government’s plans to reduce the amount of reo Māori used in the public service.

Lady Tureiti Moxon and Janice Kuka filed the latest claim, Wai 3307, on behalf of the Māori-owned primary health organisations and Māori providers with general practitioner clinics.

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 Manatū Hauora Ministry of Health.

Moxon, managing director of Hamilton’s Te Kohao Health and National Urban Māori Authority chair, told Stuff the move was a breach of Te Tiriti o Waitangi.

Because the Government said it would disestablish the authority within 100 days, the urgent claim was filed, and the Crown and interested parties have until December 18 to respond.

“Te Aka Whai Ora was one of the recommendations that was made by the Waitangi Tribunal as part of the solution towards transformational change that gave effect to Māori mana motuhake and by Māori for Māori,” she said.

“Given the number of premature deaths from preventative diseases, this was an empowered solution to address the inequities of the health system and adverse outcomes for Māori in Aotearoa.”

Moxon was one of the lead claimants in the tribunal’s Health Services and Outcomes Kaupapa Inquiry.

The tribunal released its comprehensive stage one report from the inquiry in 2019. It found multiple Treaty breaches and serious failings by the Crown to fix Māori health inequities.

A key recommendation was establishing a Māori health authority, which was opened by the Labour Government in July 2022.

Moxon confirmed that High Court action was also being considered.

“Te Aka Whai Ora has been labelled as being ‘race-based’ despite it being created to address what the previous ‘one health system for all’ has failed to do for decades as evidenced in the 16,000 pages of evidence submitted in the Wai 2575 Stage One Health Services & Outcomes Kaupapa Inquiry,” she said.

“By Māori for Māori solutions to addressing these issues for ourselves is what is needed. It’s important that the Government upholds the Treaty partnership and its obligations, otherwise this is another breach of our rights to participate in our own health and wellbeing.”

Te Pāti Māori co-leader Rawiri Waititi said the quick succession of Waitangi Tribunal claims was due to the Government “losing touch”. He said the Government should support Te Aka Whai Ora, to close the gap between Māori and non-Māori life expectancy.

“I think they have to do a little bit of soul-searching and make sure they're in touch with their own people,” co-leader Debbie Ngarewa-Packer said.

Potaka said he was aware of the claims but had received no advice about them.

Labour Māori development spokesperson Willie Jackson said the Government needed to front up to Māori.

“Will they get into proper consultation and kōrero with our people at Waitangi? We’re not even sure if the prime minister will front,” he said.

Green co-leader Marama Davidson said she supported the health claim.

“My message to Dr Shane Reti now is, ‘Where are his ears for the community now? Where are his taringa?”

Physicians across Aotearoa and Australia are also urging the new Government to retain Te Aka Whai Ora.

The Royal Australasian College of Physicians president Dr Stephen Inns supported the creation of Te Aka Whai Ora as a step towards transformative change in the health system.

'We recognise our shared responsibility to close the gap in health outcomes for Māori in Aotearoa New Zealand and strongly support a by Māori for Māori approach at every level in healthcare,” he said.

'A commitment to Te Tiriti principles of tino rangatiratanga, active protection, partnership, options and equity in healthcare has been long overdue, and Te Aka Whai Ora is an opportunity for this to occur.'

The Ngai Te Rangi Settlement Trust says the National-ACT-NZ First coalition is breaching Article 2 of the Treaty by failing to protect te reo Māori.

Trust chairperson Charlie Tawhiao said the breaches included the Government taking advice on how to stop paying extra to any more public servants who are fluent in te reo, and instructing departments to use their English rather than Māori names.

The Waitangi Tribunal has given the Crown until December 22 to respond to the claim.