Govt set to introduce bill to close MHA
The Government will jump ahead of legal action challenging its policy of closing Te Aka Whai Ora, the Māori Health Authority, by introducing the bill to do so just two days ahead of an urgent hearing at the Waitangi Tribunal.
Crown lawyers have told the Tribunal that a bill to wind down Te Aka Whai Ora could be introduced as early as Tuesday, the next sitting day of Parliament.
The Tribunal had scheduled an urgent hearing regarding this policy for Thursday and Friday. But it has no authority to consider issues before Parliament, so if the Government does introduce its bill earlier than expected, then it may kybosh this legal challenge.
Health Minister Shane Reti told Stuff the timing of this bill had nothing to do with the upcoming Tribunal case.
“It simply reflects the 100-day plan concluding by 8 March,” he said.
He said he planned to introduce the bill next week. Parliament would sit on Tuesday, Wednesday and Thursday next week. All going to plan, that meant the bill would arrive just before or during the Tribunal hearing.
Reti said there would still be a chance for the Tribunal to asses this issue, after the legislation comes into effect. It was expected to be complete by June.
Lady Tureiti Moxon and Janice Kuka, two highly respected Māori health leaders, launched the Waitangi Tribunal hearing to protect Te Aka Whai Ora.
They said it was a “surprise” to hear just a week out from the hearing that the Government was looking to introduce its bill in just a few days.
In a memorandum of counsel supplied to Stuff, Crown Law said the the claimants had been working towards “the last potential date for the bill’s introduction”.
“Notwithstanding the recent events that have impacted Parliament, counsel is instructed that introduction of the bill could occur as early as 27 February 2024,” the Government lawyers said.
Labour Party hauora Māori spokesperson Peeni Henare said the Government was acting in “complete bad faith”, if it introduced its bill just days before the scheduled hearing.
“This is a further breach of Te Tiriti o Waitangi,” he told Stuff.
“We are gearing up for a battle on this.”
Lawyers for Moxon and Kuka said the Government’s approach was concerning. “The Tribunal granted urgency, with very compressed time frames, four working days ago in the lead up to a hearing next week,” it read.
“The Crown has only today [Thursday], after 5pm, indicated that the bill may be introduced next Tuesday, 27 February, in advance of the scheduled hearing to take place a few days later.
“Based on the current timetable, if a bill is introduced next Tuesday, the Tribunal will likely cease to have jurisdiction unless the Bill is referred to the Tribunal.
“There has been no indication that the bill will be referred and, based on the material filed to date by the Crown, it is assumed that it will not be. In that regard, the Tribunal’s ability to inquire will likely cease by next Tuesday.”
Parliament was next scheduled to meet at 2pm on Tuesday, after adjourning out of respect following the death of Green MP Efeso Collins.