Health Minister Shane Reti has refused to say if he has an obligation to protect Māori health under the Treaty. Labour’s Ayesha Verrall says he could have his licence to practise revoked.
About 1000 protesters flocked to Parliament again on Wednesday, this time over the plans to repeal the Smokefree legislation changes some had hailed as a world-leading move.
The amendments would have taken cigarettes out of most dairies, lowered the nicotine levels in cigarettes, and denied sales to anyone born after January 1, 2009.
The coalition negotiations, however, resulted in a commitment from the new government to repeal those changes, which were set to take effect in stages - with the rising age limit the last phase, coming in from 2027.
Protest organisers had said smoking harm would disproportionately affect Māori and Pacific people, and called on Reti to meet them on the steps of Parliament.
Heading into the debating chamber, Reti was asked if the government could still back down on the smokefree legislation repeal, and said it was a decision “for all partners in the coalition, but we’re committed to driving down smoking rates”.
He refused to answer directly when asked whether he had an obligation to protect Māori health under the Treaty of Waitangi.
“I have an obligation to drive down smoking rates as we do collectively as a government ... everybody has an obligation to get the best health outcomes for all New Zealanders that we possibly can and that’s what I’m committed to,” he said.
His opposite number from Labour, health spokesperson Ayesha Verrall, stopped short of saying the repeal was a Treaty breach, but told reporters “we were advised that it was important to do this for Te Tiriti”.
“Smoking takes an incredible toll on the Māori community so, absolutely, smokefree is part of our Treaty obligations ... we were told that implementing the smokefree laws will mean that Māori women live for two years longer.”
She said she believed Dr Reti had breached the Hippocratic oath to do no harm, but it was not for her to adjudicate.
“It’s an absolutely fundamental commitment that you will uphold the health of people,” she said. “I’m aware that is a matter doctors are raising with the Medical Council.
“The legally binding thing is about meeting the standards expected of a medical professional, and that would be the matter that the NZ Medical Council would be considering.”
When that was later put to Reti, he said it would not happen “while we’re still committed to driving down smoking”.
Verrall would not say how likely the revocation of Reti’s practising licence might be, but she would never have been in his position.
“I think we’ve never really had a situation like this before. Previous doctors who’ve been ministers of health haven’t held a medical licence at the same time, including myself.
“If I were in that position, I would have resigned.”
She said National had no mandate for the move.
“National has changed its position. This is a dirty deal done behind closed doors ... it’s terrible for the health of the country.
“National’s had to choose between being in government and doing a deal that only benefits the tobacco industry. It’s a dirty deal, they need to take it back.”
Prime Minister Christopher Luxon, asked why he was rolling back the law, stuck with his talking points.
“Well, we’re not,” he said, “we’re staying with the status quo, we’re going to continue to focus on lowering smoking rates across New Zealand”.
He said Hone Harawira’s claim at the protest that the move aimed to get money for National’s “rich prick mates” was not a fair characterisation.
“We think it will encourage a black market, we think it will encourage more crime, and as a result we’re sticking with the status quo,” Luxon said.
“I think the government has an obligation to improve health outcomes across New Zealand - Māori and non-Māori.”
Te Pāti Māori accepted a petition from the protesters on Parliament’s steps.
Co-leader Debbie Ngarewa-Packer said the size of the protest was a reflection on the government.
“We’ve got like a protest a couple of times a day now, so this has shown a real growing disgruntlement and concern with the way this govenrment is addressing the wellbeing of Aotearoa.
“[The protest has] been supported by large, old advocates, the new advocates, medical experts - and they are really disgusted the way this government is turning back their hard work.”