The claim is being fronted by Lady Tureiti Moxon and the head of a Māori primary health organisation, Janice Kuka. Photo: Supplied
The Crown has opposed an urgent bid to the Waitangi Tribunal to stop government plans to disestablish Te Aka Whai Ora, the Māori Health Authority.
The Māori Health Authority was set up last year under health reforms, with the aim of giving Māori a greater say in their own healthcare and ending poorer health statistics.
In November the coalition government announced its plans to disestablish the authority as part of its 100-day plan.
Māori health advocates lodged an application for an urgent hearing earlier this month claiming the disestablishment of the authority would prejudicially affect Māori.
The claim, Wai 3307, is being led by Lady Tureiti Moxon and the head of a Māori primary health organisation, Janice Kuka. They said it has been lodged on behalf of the governors, managers, staff, and Māori cared for by Māori-owned primary health organisations and Māori providers with general practitioner clinics.
The Statement of Claim said disestablishing the authority would force Māori health providers to continue operating in an overstretched and underfunded capacity.
Lady Tureiti said the Crown was in breach of Te Tiriti o Waitangi and Te Aka Whai Ora was an empowered solution to addressing inequities across the health system for Māori.
The claimants pointed out historic underfunding by the crown for Māori health providers and primary health organisations (umbrella groups comprising GP practices and other community health services).
Wai 3307 claimants said the Crown was supposed to work with Māori to change that, but had not.
The Crown response acknowledged it had not consulted with its Treaty partner on its decision to disestablish the authority.
It said the decision was made at a political level following parties campaigning on the issue ahead of the recent General Election.
The Crown accepted more support was needed to address poor health outcomes for Māori but argued the Māori Health Authority was not the only way to do so.
It said the 'present administration' believed there were more effective ways to address inequities but it was not able to specify or provide alternative remedies or solutions.
The Crown said an inquiry at this stage into the proposed disestablishment of the Māori Health Authority would be premature.
Last week Prime Minister Christopher Luxon said the Māori Health Authority was suboptimal in its first year and it had added bureaucracy that would not help improve Māori health outcomes.
"We want to see Māori, [and] we want to see non-Māori doing well in this country. We are determined to work with iwi and Māori organisations to achieve outcomes," he said.
Lady Tureiti said Te Aka Whai Ora was being labelled as race-based but it was trying to achieve what the "one system for all" had failed to do.
"By Māori for Māori solutions to addressing these issues for ourselves is what is needed. It's important that the government upholds the Treaty partnership and its obligations or otherwise, this is another breach of our rights to participate in our own health and wellbeing."
The plan to end it was a breach of the Treaty, she said.
It was one of the recommendations made by the Waitangi Tribunal to try to give Māori mana motuhake.
"Given the number of premature deaths from preventative diseases, this was an empowered solution to address the inequities of the health system and adverse outcomes for Māori in Aotearoa."
Wai 3307 claimants have until Wednesday to file submissions in reply to the Crown response.