Health provider facing legal action over ‘misleading’ use of Whānau Ora brand

A south Auckland-based primary health care provider is being asked to change its name by the Whānau Ora Commissioning Agency, which says it is being intentionally misleading and ‘playing off’ its name.

But the Whānau Ora Community Clinic, which has practices in Auckland, Northland and Christchurch, says it has no plans to change its branding - despite the threat of legal action.

Former Counties Manukau DHB member and Vision New Zealand candidate George Ngatai is the director of the Whānau Ora Community Clinic, which is based in Wiri, next to Destiny Church in Druces Rd.

The chain also has other clinics in south Auckland, in Papatoetoe and Pukekohe.

Ngatai confirmed the organisation doesn’t receive Whānau Ora funding and isn’t part of the national Māori health and social service scheme.

But he said it won’t be changing its name any time soon.

“Why should we? Whānau come to us for our services and we will continue to deliver for our community.”

But Whānau Ora Commissioning Agency chief executive John Tamihere said he was preparing a cease and desist order he will send to Ngatai and the Whānau Ora Community Clinic over its use of the name.

“He’s never received our funding and isn’t a registered provider,” Tamihere said. “And we own the name.”

He said he was first notified of the clinics’ use of the title in 2020, but due to the fact it was in the middle of a pandemic the agency decided against taking legal action at the time.

But he said now the gloves are off.

Tamihere said to be an accredited provider Ngatai would need to supply the organisation’s financial audited records for the last four years, show which marae it is affiliated with and provide details on its governance.

University of Auckland associate professor of commercial law Alex Sims said the case appeared to be a breach of the Fair Trading Act.

She said if the clinics had refused to stop using the name, serving a cease and desist order was the obvious next step.

“What the Whānau Ora Community Clinic is doing is misrepresenting that it has a relationship with Whānau Ora and that it is Government approved,” Sims said. “If that’s not misrepresentation I don’t know what is?”

“The test is, what would a reasonable person think? And if you saw that [website] you would assume it is associated with Whānau Ora.”

Sims said under Section 9 of the Fair Trading Act those in trade can’t engage in conduct that is deceptive or misleading, or likely to deceive. While under Section 13 you can’t make false or misleading representation of goods or services that they have any sponsorship, or endorsement.

“I’m surprised this hasn’t already been dealt with,” Sims said. “If someone is using your brand like this it can end up reflecting badly on you.”

Both the Ministry of Health and the Counties Manukau DHB were approached for comment about the issues raised and what funding they had provided to Whānau Ora Community Clinic.