The rollback of Māori rights in the context of health partnership, research and mental health legislation

This paper critiques recent policy and legislative developments in Aotearoa New Zealand, arguing that they represent a rollback of Māori rights in health, research and mental health law. The authors distinguish between inequality and inequity, emphasising that Māori experience disproportionate and avoidable disadvantages rooted in systemic factors. They challenge political narratives that frame equity-focussed approaches as race-based prioritisation, instead grounding their argument in Te Tiriti o Waitangi obligations and international human rights standards. The disestablishment of Te Aka Whai Ora – Māori Health Authority is identified as a key example of regression, with the United Nations Committee on the Elimination of Racial Discrimination expressing concern that this decision undermines Indigenous rights and health equity. The paper further critiques the new Mental Health Act 2026, highlighting the continued reliance on compulsory community treatment and seclusion despite evidence demonstrating limited effectiveness and disproportionate impacts on Māori. Drawing on national and international research, the authors argue that coercive practices are inconsistent with human rights frameworks, including the Convention on the Rights of Persons with Disabilities. They contend that the new legislation fails to deliver the transformational change envisaged in earlier policy commitments. As an alternative, the paper proposes the “community support commitment” model that would replace compulsory treatment with a rights-based, voluntary approach centred on supported decision making and service accountability. The paper concludes that without the legislation adopting the substantive reform required, current policy directions risk entrenching inequities and reversing progress towards equitable, culturally responsive and rights-based mental health care.