An application has been made to the Waitangi Tribunal for an urgent inquiry into the government's pandemic response for Māori.
A man wearing a mask crosses the street in front of Parliament Photo: RNZ / Angus Dreaver
It was filed by representatives of the Māori Council and senior leaders including Archdeacon Harvey Ruru and Tā Edward Durie, who say the Crown's Covid-19 framework significantly and irreversibly prejudices Māori.
The application, seen by RNZ, said an across-the-board 90 percent vaccination target disproportionately exposes Māori to life-threatening risks.
The claimants say an urgent inquiry is needed because of the government's plan to move to the traffic light system and remove the Auckland border within a month.
"This 90 percent of total eligible population is a measure that disproportionately exposes the Māori population to life threatening risks," they said.
"The traffic light system, and the lack of paediatric vaccines, will inevitably disproportionately affect Māori. To put it bluntly, if these Crown actions continue, Māori will suffer significant and irreversible prejudice."
They point to critical concerns about an unequal vaccination rollout, the quality of data about Māori populations, and a lack of consultation with Māori throughout the pandemic response.
"The New Zealand Māori Council has repeatedly attempted to engage with the Crown regarding these issues and their actions. The Crown has acknowledged receipt of these concerns, with no further response."
Māori are now the most-affected by Covid-19, despite making up only 17 percent of the population, and the vaccination rollout has been heavily criticised for a lack of equity.
"The claimants submit that the spread of the virus is more likely amongst Māori, and has more serious consequences.
"It is noted that Māori are already falling ill, and being hospitalised, from Covid-19 in far greater numbers than would be consistent with the Māori proportion of the total population."
They claim the Crown is violating its responsibility under Te Tiriti to provide reasonable protection to Māori. They claim that equity provisions have also been breached.
The claimants have proposed a week-long hearing from 6 December, with a decision on whether or not this will happen expected next week.
They are seeking recommendations about whether the government should have a Māori-specific vaccination target, as well as a targeted programme through direct funding to Māori communities.
The government has repeatedly denied that its pandemic response has breached Ti Tiriti o Waitangi.