Flavell Te Ururoa: Mental Health Commission Amendment Bill — First Reading 
Flavell Te Ururoa: Mental Health Commission Amendment Bill — First Reading 
[Volume:636;Page:7211] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe. Tena tatau katoa meri Kirihimete ki a tatau. 
In looking for a korero on which to start a discussion on this bill I came across these words: tenei te kakano ka ruia nei morimoritia kia puawai ai hei maunga ringa ma nga whakatipuranga. This is the seed that was sown then nurtured to blossom forth to be held as a prized possession for the generations to follow. I think the general gist of this korero is that we must always consider the next generation. The flourishing of our mental health and well-being the growth of our spiritual foundation our wairua the strength of the metaphysical the hinengaro the blooming of the ngakau our emotional strength is essential to the prosperity of the people. Our future generations will be better if their mental health is in good shape. We really need to consolidate and give shape to families who value mental health and who see that as a part of their pathway forward. 
It is because of these beliefs that the Maori Party is delighted to support the Mental Health Commission Amendment Bill to extend the term of the commission until 2015. On 8 October this year before the ink was dry on the media release my humble colleague Tariana Turia was quick to commend the health Minister Pete Hodgson for announcing this legislation to extend the term of the commission. We have valued the work of the Mental Health Commission which has done much good work on the implementation of  
Te Tahuhu 
 the mental health strategy. 
The Maori Party wants to put on record our appreciation and recognition of kaumatua Denis Simpson and the commissioners Ruth Harrison Mary O’Hagan and Ray Watson of Ngai Tahu and Te Atiawa. I want to mihi to the excellent quality of these people. I know of the work of Ray Watson through his previous role as chief executive of Lakeland Health in Rotorua and Taupo. Denis Simpson of Ngati Awa has an impressive reputation as chairman of Te Kaunihera Kaumatua Taurahera Council the Wellington Council of Elders; Ruth Harrison has considerable experience across the disabilities sector; and of course Mary O’Hagan is extremely well known in the mental health field having initiated the mental health service user movement in New Zealand in the late 1980s and having been the first president of the World Federation of Psychiatric Users. 
I have taken time to touch on the credibility of these members and the expertise they bring to their work the extensive clinical professional and managerial experience they demonstrate in the mental health sector and the unique set of skills they bring to this role because it reflects on the strength of this commission. This is a commission that is truly independent a commission that is not afraid to call it as it sees it but does what is required giving free and frank advice to the Minister. I must say that the question of independence is always an area of concern for the Maori Party with these sorts of bills. 
One of the most crucial functions of the commission is the monitoring role. This bill places too many constraints on this role of the commission. We believe that amendments need to be made to the bill to strengthen the monitoring role and to make it more in line with the current Act including monitoring the performance of the key agencies including district health boards and the Ministry of Health. We are particularly concerned about the two qualifiers included in this bill that act to constrain monitoring to only when the Ministry of Health agrees to it. From our point of view this is a Clayton’s style of monitoring. We have seen this before across Government. If we cast our memories back to the distant days when closing the gaps was a priority the House will recall the raft of reports and projects called for under the heading that never even made the light of day. Te Puni Kokiri was caught in the crossfire in the advice that it was obliged to give in the name of free frank and fearless advice. But the constraints became apparent when the Ministers or the ministries that were subject to its monitoring felt that the criticism was too harsh too critical or too bad. So somewhere in the bowels of Te Puni Kokiri there is a whole series of closing the gaps reports that are going nowhere fast. I reckon that this would be quite a good item for a select committee inquiry. 
But I come back to the Mental Health Commission Amendment Bill. The qualifiers in this bill need to be taken out. The commission must maintain its independent oversight and monitoring watchdog role. It will not be able to do this under the provisions of the bill—to be independent of Government agencies—if its very work programme is constrained by the approval of the Ministry of Health. Indeed we believe that it would be very useful to explore the notion that the commission should have a statutory role under the Mental Health Act. 
There are three purposes for this: firstly to maintain people’s rights; secondly to maintain services delivered; and thirdly to report back. There would be a need for a consequential amendment to the Mental Health Act but it is certainly an idea that we would like to see given further life during the progress of this bill. 
There is no denial that the sector greatly values the independence the autonomy and the fresh perspective brought to the mental health field through the work of the Mental Health Commission in particular the development of its blueprint for mental health services—a plan that sets targets for resourcing and services for mental health consumers. This has been invaluable and well received by consumers and providers alike. They have played a significant role in tackling stigmatisation and expanding services for people with mental health issues. 
In mid-year we brought to the House the study published in  
The Lancet 
 which reported a significant level of self-reported experiences of racial discrimination by Maori of Maori Pacific and Asian New Zealanders including verbal and physical abuse and unfair treatment in health care work and housing. The study showed that Maori were almost 10 times more likely to experience discrimination in three or more settings than their non-Maori counterparts and that further they were more likely than Europeans to report low mental health. In this context the courage that the Mental Health Commission has shown in speaking up for the rights of the vulnerable is admired. We all have a part to play in addressing this. We the Maori Party are stepping up to the mark and next year we will be putting forward a bill to address institutional racism. 
Finally while I am not a sailing man I came across a korero recently that I think is very thought-provoking. I believe that it was a Te Arawa person who said it. This is what he said: “The pessimist complains about the wind the optimist expects it to change the leader adjusts the sails.” It was a Te Arawa person who said that. 
We believe that the Mental Health Commission Amendment Bill helps to address the fundamental issues associated with the treatment and response to mental health in Aotearoa. It is not perfect by any means and we look forward to the select committee process to ensure that the necessary changes are made. If they are not then the Maori Party will be back to this Chamber with Supplementary Order Papers in the Committee stage to ensure that the bill can truly support the very important work of the Mental Health Commission. Kia ora tatou.