COVID-19 PUBLIC HEALTH RESPONSE AMENDMENT BILL (NO 2)

21 October 2021 

Dr Liz Craig 

Chairperson, Health Select Committee 

Parliament Buildings  

Private Bag 18401 

WELLINGTON 6160 

By email: Health@parliament.govt.nz 

E te rangatira, teenaa koe,  

COVID-19 PUBLIC HEALTH RESPONSE AMENDMENT BILL (NO 2) 

Amohia ake te ora o te iwi, ka puta ki te wheiao. 

To protect the wellbeing of our people is paramount 

Kiingi Tuheitia Pootatau Te Wherowhero VII 

I am writing in response to the Covid-19 Public Health Response Amendment Bill (No 2), which we understand is currently before the Health Select Committee.  

Waikato-Tainui notes that the Bill extends the application period of the COVID-19 Public Health  Response Act 2020 (the parent legislation) by another year. Waikato-Tainui submitted on the  Bill for the parent legislation and we want to reiterate our ongoing concerns about matters in  the parent legislation that have still not been addressed in the Bill, despite the learnings in  the meantime.  

Waikato-Tainui did not and do not agree with the “warrantless” power of entry to a marae  afforded to enforcement officers and Police under section 20 of the parent legislation. It is a  contentious issue and one the iwi opposed last year.  

Under the parent legislation, the direct reference to enforcement officers and Police entering any land or place including a marae without a warrant threatens our key democratic rights and undermines the mana motuhake of our marae. For Waikato-Tainui, our marae are  more than any land or place, they are “whakapapa, taonga, te hononga ki te ao tawhito me  te ao turoa” and hold mana motuhake. Accordingly, we strongly oppose the reference to  marae in the Bill in section 20(8). 

We are not aware of any circumstances where this power has been reasonably required, or where the circumstances have reasonably prevented a warrant first being obtained via  the usual processes. These processes exist to safeguard the public from unnecessary  search and seizure. Continued access to judges and other persons qualified to issue  warrants has continued despite the effects of the pandemic. This continuing power is no  longer a reasonable intrusion on the right for citizens to be free from unnecessary search  and seizure. The parent legislation should now be amended accordingly and the Bill  provides a vehicle for that change to be effected.  

Additionally, we are disappointed to learn that in relation to any tangihanga, there are increased  penalties for non-compliance with a section 9 or 11 COVID-19 order, or a direction, prohibition,  or restriction given or imposed under sections 21-24, with the fine going up from $4,000 to  $12,000 for an individual (while the term of imprisonment for up to 6 months remains the same)  and new fine of $15,000 for any other (legal) person. The infringement fee regime is also  strengthened with a new sliding scale of offences.

07 858 0430• 0800 TAINUI • reception@tainui.com • waikatotainui.com  4 te ara o Bryce, Pouaka Taapeta 648, Kirikiriroa 3204, Aotearoa 

Waikato-Tainui want to see greater checks and balances in the Bill to ensure that any actions taken under the legislation are appropriate, culturally informed, and sit clearly within  a Tiriti framework. The lack of scrutiny provided by a warrantless power of entry is a  significant red flag for Waikato-Tainui and other iwi leaders throughout the motu. History,  data, and independent reporting already provide evidence of over-reach and  disproportionate use against Maaori and this could have detrimental and lasting impacts  on public health outcomes for Maaori and Maaori wellbeing. The resulting distrust will be  significantly detrimental to a public health response that relies on all citizens wishing to  participate in it. 

Mana motuhake must be recognised in the pandemic response and our marae have been  critical to the success of the response to support our communities across Waikato and in  Taamaki Makaurau. Our marae are more than capable of setting kawa and tikanga to care for  and protect our people. 

Mana motuhake is supported by resourcing iwi to meet the needs of our communities and  keeping whaanau safe, and by respecting the critical decision-making role our marae and  hapuu have in adapting tikanga and ways of doing things during the pandemic. 

Furthermore, given the enormous efforts being advanced by iwi around keeping our people  safe, leading initiatives to increase vaccinations, we would expect that respect extends to  our marae when undertaking our cultural practices including tangihanga.  

Waikato-Tainui has provided advice and guidance to the government on various matters, including tangihanga guidelines. Waikato-Tainui has also advocated in various political spaces  to ensure Maaori have access to essential information, resources and high-quality ethnicity  data for monitoring so our iwi is able to make and enact decisions that work for us. 

Once again, we wish to express our disappointment in this process and remain concerned  with the Crown’s approach. As a Crown Treaty partner, afforded rights through both  settlement legislation and Te Tiriti o Waitangi, we expect the Crown to give effect to those  rights through effective partnership, to ensure the wellbeing of Maaori and tribal members. 

If your officials would like to discuss further, please do not hesitate to contact Chief  Executive Officer Ms Donna Flavell on 021 432 175 or at Donna.Flavell@tainui.co.nz 

Naaku i roto i ngaa mihi, naa, 

Linda Te Aho 

CHAIR, TE ARATAURA

07 858 0430• 0800 TAINUI • reception@tainui.com • waikatotainui.com  4 te ara o Bryce, Pouaka Taapeta 648, Kirikiriroa 3204, Aotearoa