The Waitangi Tribunal will be asked to consider whether the Crown is failing Maaori on alcohol, as part of the evidence into WAI 2624 being heard next week.
Lead claimant, Raawiri (David) Ratuu, submits that successive Governments have avoided responsibility to protect Maaori from the harmful effects of waipiro, despite a 2010 Law Commission report finding alcohol contributes to the broad health and social issues affecting Maaori.
The focus of WAI 2624 is the legislative failings of the Sale and Supply of Alcohol Act 2012 (the Act) and the subsequent prejudice suffered by Maaori as a result of those failings.
“You do not have to look far to see the stranglehold waipiro has on many Maaori,” says Raawiri, the Tiamana Whakahaere (Executive Chairman) of Kookiri ki Tamakimakaurau Trust (the Trust). “The Crown needs to step aside and allow Maaori to measure the impact of waipiro on our community using a kaupapa Maaori research model.”
“The Crown has already conceded that they have failed Maaori by neglecting to measure the prevalence of Fetal Alcohol Spectrum Disorder (FASD)” Raawiri says. “This means our communities are suffering, but we have no real data on how to address the issues caused by waipiro in Aotearoa.”
Information obtained from the Ministry of Health shows that from 2018 to 2021 more than 30,000 liquor licence applications were made - and only 87 consulted Maaori.
There is currently no requirement in the Act to include Maaori on the list of those who must receive a copy of an application for a licence that has been lodged and fails to ensure that Maaori have the opportunity to inquire into it.
“Te Tiriti guarantees Maaori the right to participate in all matters that directly concern them, including their health and wellbeing. It also guarantees Maaori the right to be consulted and the right to participate – the Crown must ensure this occurs.”
“The Sale and Supply Act is the legislative instrument that controls the flow of waipiro in and out of our communities. Maaori are disproportionately affected by the presence and accessibility of waipiro in our communities and yet the instrument is silent on giving us a voice. This must change if the Crown is serious about it’s Tiriti obligations when it comes to alcohol harm minimisation.”
“I am asking the Tribunal to recommend the Crown carry out a comprehensive review of the Act, ensure they meet their Tiriti obligations to consult with Maaori, and ensure Maaori have a place in future consultation,” Raawiri says.
“Tinkering around the edges of the Act will not cut it. It will result in Maaori being in the same position we have been for the past 182 years.”
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