Wai 3307 applicants Lady Tureiti Moxon and Janice Kuka have satisfied the exceptional circumstances criteria necessary for an urgent inquiry into the disestablishment of Te Aka Whai Ora.
The final decision about timetabling the urgent inquiry has been adjourned pending receipt of the Crown’s memorandum outlining its alternative plan. It is due on January 31.
The Crown had opposed the application for urgency in its submission saying it would make alternative plans but did not know what these were yet.
The Waitangi Tribunal disagreed and said the Crown’s alternative plans to Te Aka Whai Ora should be “properly ascertained and evaluated”.
The Crown also acknowledged there had not been a consultation process with the Treaty partners leading up to the decision to promote policy to disestablish Te Aka Whai Ora.
“Merging Māori back into one system is not going to address inequities,” said Lady Tureiti, chairwoman of the National Urban Māori Authority and managing director of Te Kōhao Health.
“16,000 pages of evidence in the Stage One Health Services and Outcomes Kaupapa Inquiry proved this doesn’t work. All the experts and Crown officials agreed that Māori get lower quality care than other New Zealanders unless they are with a Māori provider. That was why we needed transformational change. Te Aka Whai Ora was starting to raise up our Māori health solutions.”
The Waitangi Tribunal decision in Wai 2575 stressed that Māori should have tino rangatiratanga over their health because the Crown failed under Article 3 to ensure the same outcomes for Māori as other New Zealanders under its obligations of Te Tiriti o Waitangi.
Whereas the present Crown policy was made on the premise that it hasn’t engaged with Māori and believes it knows what’s best for Māori — different to “for Māori by Māori” decision-making.
The Crown has admitted the “first 100 days” intention to promote legislation to unwind the Māori Health Authority is a political decision and is not policy driven. There has been no consultation with tangata whenua.
“The Waitangi Tribunal in its Hauora report based on the merits of the evidence recommended the establishment of a Māori Health Authority because the Crown breached its Treaty of Waitangi obligations,” said Moxon.
Moxon and Kuka were lead claimants in stage one of the Wai 2575 inquiry, which produced the historic report that paved the way for Te Aka Whai Ora and new legislation.
“Our evidence and subsequent Sapere Report findings on primary healthcare underfunding resolutely showed how disadvantaged Māori primary health providers, services providers and ultimately Māori patients were under that old regime that failed to give effect to tino rangatiratanga,” she said.
In a complete u-turn, the incoming coalition government now wishes to restructure the health system and then decide how to engage with Māori on its alternative plan to address poor outcomes.