Te Kōhao Health managing director Lady Tureiti Moxon Photo: Supplied/Sarah Sparks
A landmark High Court challenge over the disestablishment of Te Aka Whai Ora - taking place in Wellington this week - is about "the ability and the right of Māori to look after ourselves", say the applicants.
Applicants Te Kōhao Health (Lady Tureiti Moxon), Te Puna Ora (Dr Chris Tooley), Papakura Marae and Ngāti Hine Health Trust allege the government breached the Treaty of Waitangi and the New Zealand Bill of Rights Act in disestablishing the Māori Health Authority.
They have asked the High Court in Wellington to consider whether it has jurisdiction to grant declarations of inconsistency under the Treaty and the Bill of Rights.
While a senior court may declare that an Act is inconsistent with rights set out in the Bill of Rights, a declaration of inconsistency against te Tiriti is novel.
"What we're doing hasn't been tested in the High Court previously, and just as they have done with the Bill of Rights what we're looking at is something similar," said Lady Moxon.
Moxon (Ngāti Kahungunu, Ngāti Pāhauwera, Kāi Tahu) said the applicants were challenging the governments decision to disestablish Te Aka Whai Ora on two grounds: that there was no consultation with Māori in its disestablishment, and that nothing has been put in place to address Māori health inequities in its absence.
"[The government] never had anything in place, they were just getting rid of it and basically going back to what they've always done... and doing the same thing over and over again that we know have never worked for Māori.
"This really isn't just about the demise of Te Aka Whai Ora, it is the ability and the right of Māori to look after ourselves in our way."
Te Māori Health Authority was established in 2022 as a signature part of the then Labour government's health system reforms. It was to commission Māori health services, achieve equitable outcomes for Māori and monitor the performance of the publicly funded health system.
However all three parties who went on to form the current government campaigned on disestablishing the authority. In February 2024, the legislation abolishing it passed under urgency.
Chief Executive of Te Puna Ora o Mataatua Dr Chris Tooley Photo: Supplied/Sarah Sparks
Dr Chris Tooley, the chief executive of Whakatāne-based health provider Te Puna Ora o Mataatua said Te Aka Whai Ora was the strongest expression of rangatirantanga Māori have had across the health system to date.
Tooley (Ngāti Kahungunu) said in disestablishing Te Aka Whai Ora the government breached Te Tiriti.
"When the government made their decision their was no policy, there was no engagement... so we thought right it's time to really hold this government to account within the High Court system, not just within the Waitangi Tribunal because there are principles that go beyond the day to day politics of any government."
Tooley said the Waitangi Tribunal has already ruled that the disestablishment of Te Aka Whai Ora breached the principles of the Treaty, but they want to go one step further and ask the High Court to issue a statement of inconsistency against the Treaty.
Lady Moxon said the way the government had treated the Waitangi Tribunal had been "take it or leave it".
"Forever and a day the Waitangi Tribunal is able to make recommendations and the Crown can decided whether or not it takes on those recommendations or doesn't, and in this particular case in relation to the disestablishment of Te Aka Whai Ora the Crown chose not to listen to anything."
The case is set down in the High Court in Wellington from Monday to Friday.
A spokesperson for the Minister of Health Simeon Brown said it would not be appropriate to comment as the matter was before the Courts.
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