Rapua ngā tuhinga ruku tātari

Haumaru: The COVID-19 Priority Report was the result of a priority inquiry focused on the Crown’s vaccination strategy and the shift to the COVID-19 Protection Framework (also known as the traffic-light system). The inquiry panel comprised Judge Damian Stone (presiding officer), Dr Tom Roa, Tania Simpson, and Professor Linda Tuhiwai Smith, and the hearing took place at the Waitangi Tribunal Unit’s offices in Wellington between Monday 6 December and Friday 10 December 2021.

Concerning the Crown’s vaccination strategy, the Tribunal found that Cabinet’s decision to reject advice from its own officials to adopt an age adjustment for Māori in the vaccine rollout breached the Treaty principles of active protection and equity.

Regarding the Crown’s COVID-19 Protection Framework, the Tribunal found that a new framework was necessary. However, the rapid transition into the framework, which happened faster than the Crown’s officials and experts recommended and without the original vaccination thresholds for each district health board being met, did not adequately account for Māori health needs. As such, Māori were put at a disproportionate risk of being infected by Delta in comparison to other popular groups. This breached the principles of both active protection and equity.

Additionally, the rapid shift to the COVID-19 Protection Framework put Māori health and whānau ora providers under extreme pressure and undermined their ability to provide equitable care for Māori. This was in breach of the principles of both tino rangatiratanga and options.

Finally, the decision to shift into the COVID-19 Protection Framework was made despite strong, unanimous opposition from the Māori health leaders and iwi that the Crown consulted. Further, the Crown did not consistently engage with Māori to the fullest extent practicable on key decisions in its pandemic response. These actions were in breach of the principle of partnership.

The Tribunal recommended that the Crown urgently provide further funding, resourcing, data, and other support to assist Māori providers and communities with:

• the continuing vaccination effort – including the paediatric vaccine and booster vaccine;
• targeted support for whānau hauā and tāngata whaikaha;
• testing and contact tracing;
• caring for Māori infected with COVID-19; and
• self-isolation and managed isolation programmes.

The Tribunal also recommended that the Crown improve its collection of ethnicity data and information relevant to Māori health outcomes and that it prioritise the work to improve the quality of quantitative and qualitative data on tāngata whaikaha and whānau hauā, in partnership with Māori disability care providers and community groups. The Tribunal recommended that all this data and information should be made public and be easily understandable and accessible, subject to relevant legislation.

Looking ahead, the Tribunal recommended that the Crown strengthen its monitoring regime to enable it to identify, in as close to real time as possible, whether or not its COVID-19 policy settings in relation to Māori were working as expected. This would enable the Crown to change those settings to achieve the desired and intended results and to remain accountable to its Treaty partner.

The Tribunal recommended both the paediatric vaccine and the booster vaccine rollout expressly prioritise Māori and be supported by adequate funding, data, and resourcing for Māori providers.

Finally, the Tribunal recommended that the Crown strengthen its engagement with its Treaty partners. The claimants and the Crown had begun negotiations about a new national collective to assist with coordinating the Māori pandemic response. The Tribunal recommended that any further engagement between Māori and the Crown, with this national collective and with other Māori groups, should give effect to tino rangatiratanga and be broadly representative of Māori. Key Ministers and Crown officials must also be involved.