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

The Waitangi Tribunal’s Report on the Disestablishment of Te Aka Whai Ora: A Call for Revisiting Māori Health Authority

In February, New Zealand’s government introduced the Pae Ora (Disestablishment of Māori Health Authority) Amendment Bill, just two days before the Waitangi Tribunal’s hearing on the issue was due to start. The bill aimed to disestablish Te Aka Whai Ora, a Māori health authority established in 2019 as part of the government’s commitment to improving Māori health outcomes.

The Disestablishment Process

The Waitangi Tribunal inquired into claims about the disestablishment process and its impacts. The tribunal’s report has now been released, addressing concerns regarding the Crown’s reasoning for disestablishing Te Aka Whai Ora and the effects of that decision on Māori communities.

According to lead claimant Lady Tureiti Moxon, Te Aka Whai Ora was a courageous decision by the government of the time to set up a partnership with Māori. The authority initially came out of the Waitangi Tribunal’s Health Services and Outcomes Report and was designed to address Māori health inequities in their communities.

Moxon emphasized 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 highlights the need for a stand-alone Māori health authority, citing extensive consultation with Māori in the development of any alternative plans. The tribunal recommends that the Crown commit to revisiting the option of a stand-alone Māori health authority.

The Government’s Response

Health Minister Dr Shane Reti initially stated that the bill was part of the government’s 100-day commitment and was well canvassed throughout the National Party’s campaign. However, the decision to scrap Te Aka Whai Ora generated fierce backlash from claimants and doctors, with over 700 signing an open letter demanding more detail on what would replace it.

In mid-November, the tribunal took the rare step of directing the government to release eight unredacted documents showing its reasoning for disestablishing Te Aka Whai Ora. The report released today addresses claims concerning the process the Crown followed in disestablishing Te Aka Whai Ora and the impacts of that decision.

The Way Forward

The second part of the tribunal’s inquiry into Māori health will likely focus on the Crown’s alternative plans for addressing Māori health inequities. According to Lady Tureiti Moxon, a plan to address these inequities is still desperately needed.

“The promises of ‘we’ll do something better’, but then there’s nothing better,” Moxon said. “The government hasn’t got anything better and they never had anything better when decided to disestablish Te Aka Whai Ora.”

In conclusion, the Waitangi Tribunal’s report on the disestablishment of Te Aka Whai Ora highlights the need for a stand-alone Māori health authority and extensive consultation with Māori in the development of alternative plans. The government must now consider the tribunal’s recommendations and work towards addressing the inequities that Te Aka Whai Ora was established to address.

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