Procedural Power Play in Crown Response to Silence Māori

The Crown continues to oppose Māori health claimants and those that support them as it races against the clock to fulfil its 100-day agenda to disestablish Te Aka Whai Ora, the Māori Health Authority by 30 June 2024.
Its Memorandum filed last night outlines the intention to table a Bill before the House of Representatives no later than 8 March 2024.
The submission relies on a ‘non-interference principle’, striking back at the jurisdiction of the Waitangi Tribunal, and telling it to wait.
“The Crown submits the authorities on the non-interference principle mean the Tribunal should await the conclusion of the legislative process before deciding whether any inquiry, on an urgent basis, into the present claims is warranted.”
Challenging the authority of the Tribunal, despite it being explicit in legislation1 is a provocative move aiming to silence lead co-claimants Lady Tureiti Moxon and Janice Kuka.
Under The Treaty of Waitangi Act 1975 section 6 (1) a-d the Waitangi Tribunal has explicit jurisdiction that no other court has to consider claims.
Specifically, when “the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission, was or is inconsistent with the principles of the Treaty”.
Both lead claimants have met the “exceptional criteria” in an earlier decision by the Tribunal for an urgent inquiry that is supported by 29 other separate Māori claimants.
Whereas the Crown submits “it would be premature to articulate the full detail of the Coalition Government’s plans”.
The principal questions asked by the Waitangi Tribunal in the Wai 3077 matter remain unanswered by the Crown.
What is the alternative to Te Aka Whai Ora, the Māori Health Authority? How is this Treaty compliant and consistent with the principles in the Hauora Report? Who has been consulted?
“Clearly there is no plan,” said Lady Tureiti Moxon, Chair of the National Urban Māori Authority and Managing Director of Te Kōhao Health.
“What we do know is that the Crown is not prepared to wait for the guidance of the Tribunal which is extraordinary yet not unexpected. It is also going further by telling the Tribunal it shouldn't use its own jurisdiction to hear the case.”