The applicants say the case challenges the Crown's decision to disestablish Te Aka Whai Ora on two grounds. File photo. Photo: RNZ / Angus Dreaver
A legal challange against the disestablishment of Te Aka Whai Ora, the Māori Health Authority, will be heard in the High Court today.
The High Court in Wellington will from today hear the landmark case seeking declarations of inconsistency under Te Tiriti o Waitangi and the New Zealand Bill of Rights Act 1990.
The applicants - Te Kōhao Health (Lady Tureiti Moxon), Te Puna Ora (Dr Chris Tooley), Papakura Marae and Ngāti Hine Health Trust - are asking the court to determine whether it has jurisdiction to grant declarations of inconsistency of Te Tiriti o Waitangi by the actions of the Crown.
They say the case challenges the Crown's decision to disestablish Te Aka Whai Ora on two grounds: the lack of proper consultation and engagement with Māori; and the harmful impacts on Māori health outcomes and the failure to have a plan in place to address inequities in the absence of a Māori Health Authority.
"It was a historic moment when the establishment of Te Aka Whai Ora occurred, as it was a dedicated government department focused solely on the health of Māori," said Lady Tureiti Moxon.
"The inequities Māori face are staggering we have the highest rate of lung cancer in the world, we experience double the likelihood of dying from preventable
diseases, and face discrimination at every level of healthcare. Māori are the least likely to be referred for diagnostic tests, and our health outcomes remain the poorest of any ethnic group.
"The new government department recognised the urgent need to address these disparities, to uphold Te Tiriti o Waitangi in every decision, and to ensure Māori health is prioritised. It was about taking real action to close the gaps and honour the commitments we've made as a nation."
Fellow applicant Dr Chris Tooley said the legal challenge highlights the role of the courts in shaping how Te Tiriti is applied in practice.
"The Waitangi Tribunal can only make recommendations, it is up to the Crown to decide whether to act on them. That's why this case is so important. The courts don't just interpret the law; they shape how it is applied. By recognising Te Tiriti o Waitangi and the human rights of Māori, this case has the potential to broaden its interpretation, giving it greater depth and influence in Aotearoa's legal framework."
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