Whānau Ora v Whānau Ora: Commissioning Agency seeks damages from health care provider using similar name

Whānau Ora Commissioning Agency chairwoman Merepeka Raukawa-Tait says it is frustrating to see the term 'whānau ora' being used by the community clinic. Photo / Andrew Warner

Stephen Forbes, Local Democracy reporter

The Whānau Ora Commissioning Agency is seeking damages and an injunction against a South Auckland-based primary health care provider which it says has been "playing off" its name.

The Whānau Ora Community Clinic, which has practices in Auckland, Northland and Christchurch, was served with a cease and desist order on August 4.

The agency gave the clinic 21 working days to stop using the name, or face further legal action.

Former Counties Manukau DHB member and Vision New Zealand candidate George Ngatai is the director of the Whānau Ora Community Clinic, which has a head office in Takanini.

In June the Destiny Church member confirmed the organisation didn't receive Whānau Ora funding and wasn't part of the national Māori health and social service scheme.

But Ngatai said it wouldn't be changing its name any time soon.

After the clinic failed to obey the order, the Whānau Ora Commissioning Agency filed papers in the High Court on Wednesday seeking an injunction.

Whānau Ora Commissioning Agency chairwoman Merepeka Raukawa-Tait said she first became aware of the primary health provider using the brand in April 2020.

"It was frustrating to see the term 'whānau ora' being used by the community clinic. Mr Ngatai had not at that stage approached the Whānau Ora Commissioning Agency to become an accredited Whānau Ora provider."

But because the country was in the grips of Covid-19, the agency decided against legal action at the time.

Former Counties Manukau DHB member and Vision New Zealand candidate George Ngatai is the director of the Whānau Ora Community Clinic, which is based in Wiri. Photo / Lisa Castle-Tauroa

Raukawa-Tait said taking legal action was an unfortunate, but important, next step to resolve the issue and the community needed to know that the Whānau Ora Community Clinic was not an accredited Whānau Ora provider.

"We want to ensure Whānau Ora is associated with providing the best services for Māori and we are trying to protect the Whānau Ora brand," she said.

She said the Whānau Ora Community Clinic was given the chance to join the scheme as a registered provider last year, but it would have had to provide its audited accounts for the last three years and meet other expected standards.

"But obviously when George Ngatai heard he would have to meet stringent criteria, we didn't hear back," Raukawa-Tait said.

"So we are now seeking damages. When you use the Whānau Ora brand and you continue to do that, even though you've been asked to cease and desist, you need to be aware it will cost you."

In a statement, Ngatai declined to comment as the matter was before the court.

"I will not be commenting further until I review the papers and take legal advice."

Whānau Ora Commissioning Agency chief executive John Tamihere said the estimated cost of preparing the case and filing the papers in the High Court would be about $15,000.

But he said protecting the brand was "priceless".