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

contentious among Maori Iwi. Any Maori person could claim mana whenua
status on the proviso that they could trace whakapapa 37 through tupuna 38 .
They concluded on this point saying “if one of the purposes of the Bill is to
promote collaboration, integration (of) a public and population health focus, we
recommend that the term ‘mana whenua’ be removed” (PB/8 University of
Auckland, 2000).
This brought the committee no closer to an understanding of what partnership
meant. The Ministry of Health submitted that partnership meant that Ngati Te
Ata for example, would consult with the three Auckland DHBs on matters
related to the provision of health services for members of Ngati Te Ata in
Auckland (PB/MOH 8 Ministry of Health, 2000). This confirmed the concerns of
the University of Auckland that the understanding of partnership in terms of the
principles of the Treaty of Waitangi is vastly different among the different actors
in the health sector.
The Law Commissioner, D F Dugdale presented a submission to the Select
Committee which addressed the issue in Clause 4 of the Bill. He argued that
this would be bad law if the intention of parliament was to emphasise the
harmonious provision of health services and it achieved the opposite, giving rise
to public uncertainty, disharmony and division (PB/150w The Law Commission,
2000).
The Commissioner pointed out that Pages 4 and 5 of the Explanatory Notes of
the Bill under the heading “Partnership with Maori” were statements of political
difference. It would be beyond the functions of the Law Commission to express
an opinion on political issues and he refrained from doing so in the Law
Commission’s submission. However, the Commissioner pointed out that the
Law Commission is charged with a narrower responsibility in relation to the
development of laws, namely whether the context of this measure ‘the principles
of the Treaty of Waitangi’ should be clarified by a more explicit expression of
parliament’s will (PB/150w The Law Commission, 2000).Dugdale explained that
the problem is that the statement ‘the principles of the Treaty of Waitangi’ “is not
one of legal art” (PB/150w The Law Commission, 2000).
37 Family lineage
38 Ancestors
123