Scrapping Māori Health Authority to be heard by Waitangi Tribunal

Lady Tureiti Moxon is the National Urban Māori Authority chairwoman. Photo / NZME

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The Government will be told tomorrow that its plans to scrap the Māori Health Authority will be formally investigated by the Waitangi Tribunal.

After adjourning submissions from claimants and the Crown on Wai 3307 - the Te Aka Whai Ora urgent application - the tribunal has issued a clear direction confirming it will inquire into the claim.

The hearing, which the Government opposed, will be held at the Waitangi Tribunal offices in Wellington on Thursday and Friday next week, February 29 and March 1. The Government is expected to put forward legislation to scrap Te Aka Whai Ora - the Māori Health Authority - by March 8.

“We are very happy to be granted an urgent claim and strengthened in our resolve, thanks to three other claimants and 28 interested parties filing in support,” said one of the lead claimants, Lady Tureiti Moxon, the managing director of Te Kōhao Health and chair of the National Urban Māori Authority.

Janice Kuka is the managing director of Nga Mataapuna Oranga. Photo / Andrew Warner

“We also acknowledge the tautoko [support] from the Hauora Iwi Leaders Group, a subcommittee of the National Iwi Chairs Forum. Clearly, this is obviously an issue for every one of us involved in Māori health in the community.”

The tribunal’s focus will be specifically focused on “whether the disestablishment is in breach of the principles of Te Tiriti”.

“Te Aka Whai Ora was the closest tino rangatiratanga-compliant model we’ve ever had historically,” said co-claimant Janice Kuka, the managing director of Māori primary health organisation (PHO) Ngā Mataapuna Oranga and the chair of Turuki Healthcare.

Health Minister Shane Reti wants to scrap the Māori Health Authority. Photo / Tania Whyte

“It promised us a pathway through Te Aka Whai Ora to equitable health outcomes for our people. Now we will lose that ability.”

Kuka has been approached by a cross-section of both Māori and non-Māori clinicians and kaimahi (staff) in the health sector actively endorsing her and Moxon’s claim.

The tribunal also acknowledged in its memorandum the lead claimants were “correct” in their opposition to the Crown’s “non-interference principle” argument that the tribunal should just wait and see what the Crown came up with to replace Te Aka Whai Ora.

The Crown, armed with case law authorities, tried challenging the tribunal’s jurisdiction but lost when it was set straight on the law under section 6(1)(c) of the Treaty of Waitangi Act 1975.

“This is a common argument by the Crown. Our jurisdiction remains up and until the introduction of a bill,” said Judge Damian Stone.

Joseph Los’e is an award-winning journalist and joined NZME in 2022 as kaupapa Māori editor. Los’e was a chief reporter, news director at the Sunday News newspaper covering crime, justice and sport. He was also editor of the NZ Truth and before joining NZME worked for 12 years for Te Whānau o Waipareira.