The prejudice arising from Māori unable to have tino rangatiratanga over their health due to the move by the Government to remove Te Aka Whai Ora will now be formally investigated.

The Waitangi Tribunal after adjourning to receive submissions from claimants and the Crown on Wai 3307 - the Te Aka Whai Ora urgent application has issued a clear direction confirming it will inquire into the claim.

The hearing is to be at the Tribunal offices in Wellington from 29 February to 1 March 2024 with a report issued ahead of the coalition Government’s plans to introduce a Bill by 8 March 2024.

“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, Managing Director of Te Kōhao Health, and Chair of the National Urban Māori Authority.

“We also acknowledge the tautoko from the Hauora Iwi Leaders Group a sub-committee 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 focussed 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, Managing Director of Māori PHO, Ngā Mataapuna Oranga and Chair of Turuki Healthcare.

“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 in the health sector actively endorsing her and Lady Tureiti’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 it straight on the law pursuant to 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,” His Honour Judge D Stone said.

1.Memorandum-Directions of Judge D Stone dated 16 February 2024

2. Para 9-18 Memorandum responding to Crown submissions of urgency dated 2 February 2024

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