Te Pou Matakana Ltd v Attorney-General (No 2) - [2022] 2 NZLR 178

Privacy — Disclosure of health data — COVID-19 immunisation programme — Decision not to provide individual data on unvaccinated Māori — Data sought for targeted delivery of COVID-19 vaccination services to Māori — Application of Treaty of Waitangi and Tikanga — Assessment of whether disclosure of data necessary — Whether Ministry incorrectly applied relevant legal test for disclosing health information — “Necessary” — Other less privacy-intrusive options — Whether sufficient evidence on proposed options — Consultation process — Decision to consult with iwi before disclosing data — Tikanga — Urgency of situation — Right to natural justice — Applicants not involved in pre-decision hui — Māori data sovereignty — Protection of data — Inconsistent treatment — Ministry’s exercise of discretion — Appropriate remedies — Te Tiriti o Waitangi/Treaty of Waitangi.

Judicial review — Disclosure of health data — COVID-19 immunisation programme — Decision not to provide individual data on unvaccinated Māori — Assessment of whether disclosure of data necessary — Whether Ministry incorrectly applied relevant legal test for disclosing health information — Consultation process — Whether decision in accordance with Treaty of Waitangi and Tikanga — Right to natural justice — Failure to involve applicants in consultation process — Inconsistent treatment — Te Tiriti o Waitangi/Treaty of Waitangi.

Treaty of Waitangi — Disclosure of health data — Data taonga — COVID-19 immunisation programme — Decision not to provide individual data on unvaccinated Māori — Whether decision in accordance with Treaty of Waitangi and Tikanga — Consultation process — Application of Treaty and Tikanga in pandemic — Urgency of situation — Right to natural justice — Applicants not involved in pre-decision hui — Applicants not Treaty based agency — Māori data sovereignty — Protection of data — Inconsistent treatment — Public Health and Disability Act 2000.