Rapua ngā tuhinga ruku tātari

On Friday 25 September 2026, the Tribunal released Hautupua: Te Aka Whai Ora (Maaori Health Authority) Priority Report, Part 2 in pre-publication format. The stage 1 report on the disestablishment of Te Aka Whai Ora/the Maaori Health Authority was released in November 2024. This stage of the priority inquiry addressed claims concerning the Crown’s alternative plans to Maaori health in lieu of a Maaori health authority. The Tribunal panel for this inquiry consisted of Judge Stone (presiding), Professor Susy Frankel (who resigned as a Tribunal Member on 15 September 2025 and completed these proceedings per clause 1 of schedule 2 to the Treaty of Waitangi Act 1975), Professor Tom Roa, Professor Linda Tuhiwai Smith, and Tania Simpson.

The Healthy Futures (Pae Ora) Amendment Bill was introduced to the House on 2 July 2025, two days before the stage 2 hearing process concluded. This prevented the Tribunal from reporting, as its jurisdiction was removed. The Healthy Futures (Pae Ora) Amendment Act was enacted 12 months later, on 10 July 2026, and the Tribunal then issued its report.

The stage 2 report addressed two issues:

• whether the Crown’s process in developing plans to address Maaori health in lieu of a Maaori health authority is consistent with te Tiriti o Waitangi and its principles; and
• whether the Crown’s alternative plans to address Maaori health in lieu of a Maaori health authority are consistent with te Tiriti o Waitangi and its principles.

After assessing the evidence presented from parties, the Tribunal found breaches of te Tiriti/the Treaty principles of tino rangatiratanga, kaawanatanga and good government, partnership – including the duty of consultation – active protection, equity, and options.

The Tribunal’s findings on process included that the Crown did not discharge its duty to adequately inform Maaori when developing an alternative plan. The Crown also failed to undertake meaningful consultation with Maaori that honoured te Tiriti/the Treaty. The Crown failed to recognise and respect the right of Maaori to self-determine what is best for them in respect of Maaori health and failed to properly engage with, and inform, Maaori of potential changes to two key elements that formed part of its alternative plan: the Hauora Maaori Strategy and the Pae Ora (Disestablishment of Maaori Health Authority) Amendment Act 2024. This fell well short of a Tiriti/Treaty consistent process.

The Tribunal found that the Crown’s alternative plans breached Tiriti/Treaty principles in a number of ways. The Crown failed to take any meaningful action towards Maaori health equity and failed to produce any clear alternative plan for Maaori health in a timely manner. The Crown failed in its duty to follow its own laws, rules, and standards by reviewing Te Aka Whai Ora only 10 months after its establishment, whilst announcing that it must wait longer than a year to review other system-wide changes within the health sector. This signalled a double standard. The Tribunal found that the Crown failed in its duty to consult with Maaori, consequently dismissing Tiriti/Treaty-based governance duties and making changes to Maaori health with minimal cultural responsiveness and a lack of Maaori input across all levels.

Overall, the Tribunal found that Maaori have suffered and will continue to suffer a range of short- and long-term prejudicial effects as a result of these breaches.

To give effect to Treaty principles, the Tribunal recommends that the Crown:

• commit to revisiting the option of a stand-alone Maaori health authority;

• consult extensively with Maaori and make informed decisions on matters concerning Maaori health; and

• base all decision-making concerning Maaori health and, in particular, measures to address long-standing Maaori inequities, on robust evidence and scientific knowledge.