10. Question No. 10—Health (Māori Health)HARETE HIPANGO (National) to the Associate Minister of Health (Māori Health)Question No. 10—Health (Māori Health)10. HARETE HIPANGO (National) to the Associate Minister of Health (Māori Health): Has he asked the Director-General of Health to release all the data as requested by the Whānau Ora Commissioning Agency yet; if not why not?Hon ANDREW LITTLE (Minister of Health) on behalf of the Associate Minister of Health (Māori Health): On behalf of the Associate Minister of Health since I became aware of the issue of access to Māori patient data by the Whānau Ora Commissioning Agency I have not asked the director-general to release all the data as requested but I have made my expectations clear that relevant data should be released in accordance with the Ministry of Health's legal obligations. Following the first High Court decision on this matter I have been satisfied that the director-general has as ordered to do so reconsidered his decision within three days and has been taking action to release data. Following the second High Court decision this week the director-general as ordered to do so has continued considering his decision on the provision of data in areas where no agreement had yet been reached and reviewed his decision in relation to Māori in the North Island who have had only one dose. The member should be aware that under the Public Service Act 2020 and the Cabinet Manual although the director-general is accountable to Ministers for the exercise of statutory powers or duties as in this case it is not for Ministers to direct the director-general on how to discharge those powers or duties.Harete Hipango: Why has the Minister in stating he has made expectations known simply not asked the director-general to release all the relevant individual Māori vaccination data requested by the Whānau Ora Commissioning Agency with the purpose to drive up Māori vaccination rates?Hon ANDREW LITTLE: The director-general as the head of the ministry in control of data that has been the subject of a request has a number of statutory duties and obligations to meet not the least of those under the Privacy Act. These are the issues that have been canvassed in the High Court in two hearings now. The way that the director-general has gone about discharging his obligations both to the requester and to the people about whose information those requests have been about—it is for the director-general to make sure that he is upholding his obligations. It is the director-general and/or the ministry whose decisions are reviewable in court and it is not for a Minister to direct the director-general on how to make a decision that is reviewable.Harete Hipango: Why has Healthline a non-Māori health provider been given individual Māori vaccination data by the Ministry of Health and the Whānau Ora Commissioning Agency has been blocked?Hon ANDREW LITTLE: As I understand it on behalf of the Minister the ministry has an agreement with Whakarongorau the telehealth service that I think the member is referring to which allows for the disclosure of data. But the ministry at least until recently did not have any agreement with the Whānau Ora Commissioning Agency principally because the data that the ministry held was data that was also held by a range of front-line health providers.Harete Hipango: Has the Minister asked for any legal advice where there's a perhaps misconstrued interpretation of the Public Service Act about the responsibility of the Minister to be able to instruct or direct the Director-General of Health as to his powers for such instruction and direction to release the information on Māori vaccination data to the Whānau Ora Commissioning Agency?Hon ANDREW LITTLE: Well on behalf of the Minister I have to say that I cannot answer that question because although I stand in the House to answer on behalf of the Minister I do not stand in his shoes in terms of every piece of information that that Minister has received.Chris Bishop: Has the Minister seen the judgment in Peters v Attorney-General—specifically paragraph 134—which relates to the responsibility of Ministers and chief executives which basically says the Minister can direct an agency through its chief executive on the operations and conduct of the agency; and why will he not use that as authority to direct the Director-General of Health to release the data requested by Whānau Ora.Hon ANDREW LITTLE: It is one thing to direct a chief executive of an agency about operations and conduct of the agency; it is another when that agency or its chief executive have statutory powers and duties that they have to uphold. When it comes to the taking of decisions in pursuit of powers and duties it is the decision maker that is subject to review and it is for the decision maker to make the decision and stand accountable for that decision if there is judicial review. [Interruption]SPEAKER: No no the party's run out.