Crown failed to follow process in Māori Health Authority disestablishment: Waitangi Tribunal

NZ Herald: Waitangi Tribunal Report on Disestablishment of Te Aka Whai Ora Māori Health Authority

The Waitangi Tribunal has released its report on the disestablishment of Te Aka Whai Ora, a Māori health authority that was abolished by the government in March. The report, which was submitted to Parliament last week, concludes that the Crown’s decision to dismantle the authority was unlawful and had significant impacts on Māori communities.

The Tribunal found that the government failed to consult extensively with Māori in the development of its alternative plans for Māori health, despite claims that it did so. It also found that the Crown undertook inadequate regulatory impact analysis before disestablishing Te Aka Whai Ora.

Lady Tureiti Moxon, a lead claimant in the inquiry, said that Te Aka Whai Ora was about Māori rights, not race. “This is not about race, it was never about race, it was about rights. Our right to live as Māori, be Māori and do for ourselves in our own way.”

The report also found that the government’s decision to disestablish Te Aka Whai Ora served no purpose other than to advance its own agenda. “It doesn’t address Māori health… it is a policy that had other agendas,” said lead claimant Hine Ngata.

The Tribunal recommends that the Crown commit to revisiting the option of a stand-alone Māori health authority, consult extensively with Māori in the development of any alternative plans, and undertake proper regulatory impact analysis in matters that affect Māri health.

Government Minister for Māori Health, Dr Shane Reti, said in 2023 that the Pae Ora (Disestablishment of Māori Health Authority) Amendment Bill was part of the government’s 100-day commitment. He also stated that the bill was well canvassed throughout the National Party’s campaign.

The decision to scrap Te Aka Whai Ora generated fierce backlash from claimants and doctors, more than 700 of whom signed an open letter demanding more detail on what would replace it. In mid-November last year, the tribunal took the rare step of directing the government to release eight unredacted documents showing its reasoning for disestablishing Te Aka Whai Ora.

A plan to address Māori health inequities is still desperately needed, according to Lady Tureiti Moxon. “The promises of ‘we’ll do something better’, but then there’s nothing better… The Crown hasn’t got anything better and they never had anything better when decided to disestablish Te Aka Whai Ora.”

The second part of the report, which is expected to be released in 2025, will inquire into the Crown’s alternative plans for Māori health.

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