How does the operation of PHARMAC's 'Community Exceptional ...

Treaty, and which rights would be denied to non-Maori. They also objected to
the inclusion of clauses relating to mana whenua 35 and giving Maori greater
governance rights in the running of the DHBs, than non-Maori.
The University of Auckland submission, while applauding the inclusion of the
term mana whenua, expressed concern that the principles of the Treaty of
Waitangi would not be commonly agreed or understood. Their submission
stated that major divisions in the interpretations of the term ‘principles of the
Treaty of Waitangi’ are likely to occur within the DHBs, within the Ministry of
Health, across health providers and within communities due to lack of a clear
definition in the Bill (PB/8 University of Auckland, 2000).
Submissions received from Ngati Te Ata stated that they are the mana whenua
throughout the breadth of Tamaki Makaurau 36 rohe (district). They defined the
meaning of mana whenua for the purposes of Section 18s(5) as meaning the
people who exercise customary authority over their rohe. This was interpreted
to mean “traditionally owned or otherwise occupied or used area” (PB/37d Ngati
Te Ata, 2000).
Ngati Te Ata’s suggestion was that the tribal authority of Ngati Te Ata would
organise health services in partnership with the DHBs in Auckland. The tribe
presented a model where the tribal authorities would determine the nature and
location of health services within their tribal area. They stated that the tribe was
planning to present a plan for the Auckland DHB to provide Ngati Te Ata with
funding to deliver health services to Maori in the rohe. Their submission
asserted that the mana whenua should determine mana whenua interests within
these areas and which health policies, structures and processes would be most
effective and appropriate to them. They advised the Committee that Ngati Te
Ata is currently drafting a plan to take over the responsibilities and work of the
Auckland DHB (PB/37d Ngati Te Ata, 2000).
The University of Auckland submitted that while it was pleasing to see the
government recognise the mana whenua status of Maori people of a rohe, as
mana whenua is currently defined by the Waitangi Tribunal, the issue is
35 Mana whenua is a noun referring to territorial rights and power from the land. This power is associated with
possession and occupation of tribal land. The tribe's history and legends are based in the lands they have occupied
over generations and the land provides the sustenance for the people and to provide hospitality for guests. Reference:
New Zealand Maori Dictionary
36 North Waikato, Auckland and Northland region.
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