On Thursday 3 September 2026, the Waitangi Tribunal has released Hauwhaikaha: The Disability System Report in pre-publication format for stage two phase one (disability phase) of the Health Services and Outcomes Kaupapa Inquiry (Wai 2575). This report is the outcome of the Waitangi Tribunal inquiry into the Aotearoa New Zealand disability system, taking into account countless hours of lived experience, research, personal stories, evidence gathering and detailed analysis. In total, 48 claimants and 13 interested parties participated in the inquiry with 11 hearing weeks held between 2022 and 2024.
Ensuring the participation of taangata whaikaha Maaori claimants, the proceedings in the inquiry were governed by a set of guidelines, developed collaboratively with the relevant parties. These included, for example, having New Zealand Sign Language interpreters available during all the hearings and using double vowels instead of macrons in written material.
In accordance with the accessibility protocol, plain-language summaries of the report were produced in five alternate formats: audio, Braille, Easy Read, large print, and New Zealand Sign Language. This makes the report more accessible to those most affected by it.
Maaori have a significantly higher prevalence of disability than non-Maaori. Additionally, throughout this inquiry, the Tribunal heard evidence regarding inequitable health outcomes for taangata whaikaha Maaori. The claimants alleged that the overrepresentation of Maaori within the disability population stems from inequitable health outcomes that Maaori experience generally, including inequitable access to health services and poorer health outcomes. The report explores whether the persistent inequitable health outcomes suffered by taangata whaikaha Maaori are indicators of Tiriti/Treaty breach. In doing so, the Tribunal canvassed various structural aspects of the disability system, from the collection of disability data to decision-making design, and then assessed those structural aspects for Tiriti/Treaty compliance.
The Crown agreed that there was a higher proportion of unmet need among taangata whaikaha Maaori and that taangata whaikaha Maaori are frequently marginalised within the health and disability system. Notwithstanding the apparent over-representation of Maaori within the disability population, the evidence suggests that there is inequitable access in the uptake of disability support services by taangata whaikaha Maaori due to systemic access barriers. The claimants alleged that the Crown has failed to address the barriers in the disability system and reduce adverse health disparities. Some claimants shared their lived experience of a daily struggle to attain health and wellbeing outcomes in the current disability system. Taangata whaikaha Maaori consistently said that the disability system is fragmented, complex and difficult to navigate.
Essentially, the claimants are asking to be heard and seen within the disability system with the call: ‘nothing about us, without us’. Taangata whaikaha Maaori expressed the need for the Crown to genuinely partner with them in the design, delivery and monitoring of the disability system. The claimants contended that they have consistently called for increased representation of taangata whaikaha Maaori in the disability system and have requested formal partnership mechanisms with the Crown. They advocated strongly for adequate representation of taangata whaikaha Maaori across all levels of the disability system.
The Tribunal found that the Crown has prejudiced taangata whaikaha Maaori in several ways.
The Crown has historically failed to partner with taangata whaikaha Maaori in the design of the disability system, including the services that are available to them, and the formulation of disability-related policy, strategies and action plans. The Tribunal found that the Crown has not managed the disability system in a way that adequately supports and resources taangata whaikaha Maaori to formally participate in the design of the system, as well as at the decision-making level.
The Tribunal also found that, despite the Crown being aware of longstanding inequity, it has failed to sufficiently inform itself of how the disability system is performing in order to adequately address disparities. Moreover, the Tribunal observed that the Crown has not implemented nationally consistent data standards for Crown agencies, which means that taangata whaikaha Maaori health outcomes are not systematically and separately measured and reported on. Maaori and taangata whaikaha Maaori are at present unable to independently and formally scrutinise the performance of the Crown’s policy settings for the disability system or its compliance with te Tiriti/the Treaty.
Kaupapa Maaori providers are intrinsic to delivering culturally appropriate services to taangata whaikaha Maaori and sustaining hauroa Maaori. They are themselves expressions of tino rangatiratanga. The Tribunal found that kaupapa Maaori providers do not receive sufficient funding or support to deliver culturally appropriate services that meet the needs of taangata whaikaha Maaori. The Tribunal further found that taangata whaikaha Maaori and their whaanau face many funding-related barriers, affecting their ability to receive timely, quality and sustainable services of their choosing.
The Tribunal was repeatedly told that taangata whaikaha Maaori and their whaanau are disadvantaged by the gap in available disability services, as well as by experiences of racism and discrimination. Such access barriers are exacerbated for Maaori who live in rural areas, where scarcity of services often leads to further barriers, such as long travel distances and higher associated costs. Moreover, Maaori and taangata whaikaha Maaori are under-represented in the health and disability workforce, which affects the care received by taangata whaikaha Maaori and the cultural competency of services. The Tribunal found that the Crown’s delivery of training and professional development does not ensure disability staff are culturally competent and has resulted in too many cases of taangata whaikaha Maaori receiving culturally unsafe care.
The Tribunal found several breaches concerning claims relating to three specific roopuu: Kaapoo Maaori (Maaori who are blind, deafblind or vision-impaired or who have low vision), Taangata Turi (Maaori who are deaf or hard of hearing) and taangata whaikaha (Maaori with Fetal Alcohol Spectrum Disorder).
The Tribunal concluded that the State disability system does not recognise and properly provide for tino rangatiratanga and mana motuhake of taangata whaikaha Maaori.
To give effect to Tiriti/Treaty principles, the Tribunal recommends that:
- the Crown establish viable partnership models in a process co-designed with taangata whaikaha Maaori;
- the Crown honour the Tiriti/Treaty principles of partnership and tino rangatiratanga by including taangata whaikaha Maaori in the design and delivery of the disability system; and
- the Crown ensure appropriate replacements for the monitoring role that Te Aka Whai Ora had under the Pae Ora (Healthy Futures) Act 2022 for the health and disability system (including the health services provided through prisons) to improve Maaori health outcomes, including for taangata whaikaha Maaori.
The Tribunal also made several recommendations regarding data, funding and accountability, as well as further specific recommendations in relation to Kaapoo Maaori, Taangata Turi and taangata whaikaha Maaori.
For all media inquiries, please contact Paul Easton at the Ministry of Justice Media Team.
The report is now available to download in PDF format here:
Hauwhaikaha: The Disability System Report – Pre-publication Version
A Word version is available to download here:
Hauwhaikaha: The Disability System Report – Pre-publication Version
Summaries of the report and its individual chapters are available in Easy Read, large print, Braille, New Zealand Sign Language and audio formats from this page: