Appeals to Treaty rights by a West Auckland social services provider linked to John Tamihere were dismissed by the High Court as simply a commercial complaint about loss of a near decade long contract. The replacements? One new contract went to an Auckland based health provider with links back to the late Dame Tariana Turia; a second to a provider linked to Ngati Toa.
Supported by John Tamihere as one of its patrons, Henderson-based provider Te Pou Matakana Ltd had future funding cut off after a government decision to re-tender contracts.
Te Pou is better known as Whanau Ora Commissioning Agency, providing what it describes as wrap-around social services for at-risk families.
Te Pou is owned 88 per cent by National Urban Maori Authority; nine per cent by Waipareira Trust.
Earlier this year, government confirmed tenders for new six-year contracts, running from July 2025.
Contract for northern part of the North Island went to National Hauora Coalition Ltd, an umbrella organisation consisting of primary health providers. Representatives of Ngati Toa were awarded a contract for North Island’s southern regions.
Te Pou sued, seeking to prevent government signing any new contracts, alleging a failure by government to comply with principles of the Treaty of Waitangi.
Te Pou claims it was the better applicant. The provider network available to the new contractors is markedly inferior to its own network, it claims. It argues that disruption which will follow from a change of provider puts government in breach of its obligations to vulnerable whanau under the Treaty.
Justice Boldt ruled there was no merit in Te Pou’s attempts to review government policy. He refused Te Pou’s application to appeal his decision to the Court of Appeal.
The tight time frame allowed the two new contractors to set up business operations militated against inevitable delays caused by a further appeal, he ruled.
Te Pou Matakana Ltd v. Maori Development – High Court (9.04.25)
24.105