Covid-19: Whānau Ora plans to take govt back to court over Māori data for under 12s

7:53 pm on 19 January 2022

The Whānau Ora Commissioning Agency says it plans to take further legal action against the Ministry of Health to get it to release data on Māori children who are now eligible for the Covid-19 vaccine.

The vaccine roll-out for 5 to 11-year-olds started on Monday after Medsafe approved the Pfizer paediatric vaccination last month.

The vaccine roll-out for 5 to 11-year-olds started on Monday after Medsafe approved the Pfizer paediatric vaccination last month. Photo: Getty Picture Alliance

The vaccination roll-out for 5 to 11 year olds started on Monday after Medsafe approved the Pfizer paediatric vaccine last month.

Whānau Ora Commissioning Agency chief executive John Tamihere said immunising children was important for Māori, with one in four under 12 years of age.

But he said it was frustrating that the agency would again have to take legal action against the Ministry of Health to get it to release the data.

"How many times do we have to go to court with these guys? The ministry knew this last year when we asked it for the data, but it is extremely reluctant to provide us with anything."

Tamihere said if it had access to the data it would be able to text and email the families of Māori children who were eligible for the vaccine.

Then individual Whānau Ora providers, in areas such as South Auckland, would be able to target specific communities with large numbers of unvaccinated people.

He said the agency's ongoing legal battle to get the Ministry of Health to release data on all unvaccinated Māori in the North Island had already cost it about $450,000.

And while it would seek to recover costs after last month's High Court decision, he said it would still have to foot some of the bill.

Whānau Ora Commissioning Agency chief executive John Tamihere says the Ministry of Health is running out of time to release data on unvaccinated Māori after losing a landmark decision in the High Court on Monday.

Whānau Ora Commissioning Agency chief executive John Tamihere says it will head back to court in a bid to get the Ministry of Health to release data on Māori children who are eligible for the Covid-19 vaccination. Photo: Stuff / Jason Dorday

Tamihere said the whole legal battle had been a huge waste of taxpayers' money.

The agency took legal action against the ministry last year for refusing to release details of all eligible Māori in the North Island who had not been vaccinated.

The outcome of a High Court hearing, released on 1 November, ruled against the ministry, asking it to reconsider its decision to withhold the data.

But on 5 November, Director-General of Health Ashley Bloomfield contacted the agency to say the ministry had reviewed its earlier decision and would not be releasing the information.

The Whānau Ora Commissioning Agency then went back to the court to ask for the data and last month the High Court ruled in its favour.

While the Ministry of Health had already begun to share some data, the High Court directed it to reconsider its decision within 72 hours. The ministry has since provided the agency with information on unvaccinated Māori aged 12 and up.

Turuki Healthcare CEO Te Puea Winiata says this week’s High Court decision in favor of the Whānau Ora Commissioning Agency will make it easier for it to directly target Māori who haven’t been vaccinated.

Te Puea Winiata is the chief executive of south Auckland's Turuki Healthcare and says she doesn't understand why the Ministry of Health continues to withhold data from the Whānau Ora Commissioning Agency. Photo: STUFF / Abigail Doherty

Te Puea Winiata is the chief executive of South Auckland's Turuki Healthcare.

The primary health provider has been busy this week with the start of the child vaccine roll-out.

Winiata has been a vocal supporter of the Whānau Ora Commissioning Agency in its legal action and said it was important for providers delivering the vaccine to know where to target.

"Any data that can tell us where there are pockets of whānau and children who haven't been vaccinated is helpful," she said. "So I just don't understand: why the Ministry of Health [is] withholding the information?"

The Ministry of Health has been approached for comment.

no metadata

Local Democracy Reporting is a public interest news service supported by RNZ, the News Publishers' Association and NZ On Air.

Get the RNZ app

for ad-free news and current affairs