Māori hauora providers filed for High Court action against the Crown on Tuesday, May 14, challenging the manner that Te Aka Whai Ora (Māori Health Authority) was disestablished.
The plaintiffs are Te Puna Ora o Mataatua, Te Kōhao Health, Ngāti Hine Health Trust, and Papakura Marae, with support from Pou Tangata, National Iwi Chairs Forum.
Te Puna Ora o Mataatua Chief Executive Officer Dr Chris Tooley said Te Aka Whai Ora was the most transformative enabler for addressing systematic health inequity experienced by Māori.
Dr Tooley said without a taskforce, working group or inquiry, without any policy to consult on, and without the release of an alternative blueprint to consider, Te Aka Whai Ora was disestablished.
“Te Aka Whai Ora was a living expression of partnership and rangatiratanga and has been forged out of 40 years of struggle. It has been disestablished under a government-wide campaign of structural disempowerment of Māori.”
Alongside seeking a judicial review and breaches against the Bill of Rights, the plaintiffs are seeking a declaration of inconsistency against Te Tiriti o Waitangi.
“Te Tiriti is the foundation of our nation. For hundreds of years, tikanga has been the first law of this land. It remains part of our law in Aotearoa New Zealand to this day. Our Supreme Court has ruled accordingly,” Dr Tooley says.
Across the Human Rights framework, the Bill of Rights or even Free Trade Agreements, there are fundamental obligations that do not change with political shifts and electoral cycles.
Dr Tooley says Te Tiriti is no different. Key obligations under Te Tiriti, such as partnership, are permanent and cannot be contracted out.
“As Treaty partners, Māori have rights to make decisions over their own affairs. This includes the design and implementation of our own healthcare models.”
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