Frequently Asked Questions
No. Registration with the WHC is only available for qualified health professionals who wish to practice under Māori jurisdiction (i.e the Confederation of the United Tribes of Aotearoa Nu Tireni (New Zealand). There is no requirement to belong to any other organisation since Te Wakaminenga Hauora (WHC) is fully endorsed by the Taumata National Wakaminenga (Confederation of United Tribes of Aotearoa Nu Tireni) in accordance with He Wakaputanga article 2 & 3.
The Wakaminenga, and more accurately the National Wakaminenga, is the Confederation ( general assembly ) of the Chiefs and Head of the United Tribes of Aotearoa Nu Tireni (New Zealand) meeting in their collective capacity in accordance with He Wakaputanga as its Constitutional foundation, as well as the interpretation of te Tiriti o Waitangi according to the international doctrine of contra proferentem which dictates that in cases of ambiguity a Treaty (Tiriti) is to be interpreted against the drafting party i.e the English Crown. The Wakaminenga Hauora | Health Council is inclusive, fully support freedom of choice, full informed consent, the UNESCO Universal Declaration on Bioethics and Human Rights and the Nuremberg Code. The fundamental respect of free will and the personal responsibility that derives from its application is an integral part of Wakaminenga Hauora | Health.
The WHC and the various professional councils that are part of the WHC provides uniform standards of practice and is also the body to which the people can lodge a complaint, if necessary. Each professional councils are administered by professionals of that profession. Each profession is best suited to determine their specific standards of practice which are in harmony with the general standards of the WHC, including the Basic Concepts/Universal Laws and the Code of Ethics and Conduct. Each profession is responsible for itself and all professions must respect free will and the personal responsibility that derives from its application. As the appointed Health Authority in the Māori jurisdiction, it also seek to support health education and promote a model of integrative health care that is holistic and personalised for both WHC practitioners and the people of our nation.
The WHC is constituted under Tikanga Māori law, fully endorsed and appointed by the Taumata National Wakaminenga as the Health Authority in the Māori jurisdiction. Under the principle of first in time, first in law, Tikanga Māori law has precedence over NZ law. The NZ Supreme court recognises Māori law as one of the two streams of law in New Zealand: "The Supreme Court has just reminded us that our law is indeed sourced in two streams and that the legal profession ought to be prepared to engage with Māori law..." (Sept.2020) https://www.lawsociety.org.nz/news/lawtalk/lawtalk-issue-943/tikanga-maori-in-nz-common-law/.
More recently, in September 2021 the New Zealand Supreme Court stated:
“Tikanga is applicable law, and there is no negotiation of that reality. Recognising and respecting tikanga, says the court, is part of the Crown’s obligation to give effect to the principles of the Treaty.
That obligation is more than just a generalised acknowledgement of Treaty principles. Rather, there must be precise and particular legislative schemes to provide for and protect Māori interests.
It follows, write two of the Supreme Court justices, William Young and Ellen France, that Treaty clauses should be interpreted with a “broad and generous construction,” not a narrow, reluctant or begrudging way.”
Yes. You can apply for registration with the WHC and be registered under the relevant professional council. The administration of that council will process your application and make recommendations to the WHC who will then issue your WHC Annual Practicing Certificate (APC) under Māori jurisdiction. Please note that the HPCA Act 2003 is a statute of the NZ Corporation listed in the US SEC website as "In Her Majesty the Queen in Right of New Zealand" as a corporation primarily in the business of foreign governments. Such statute is only valid in the jurisdiction of said NZ Corporation and those wishing to contract with said corporation. The HPCA Act 2003 is not valid in the Māori jurisdiction and has never been approved by the Confederation of the Chiefs and Head of the United Tribes.
With your WHC APC you can then legally practice under Māori jurisdiction as long as you clearly display in your waiting room (real and/or virtual) the He Wakaputanga, your APC from the WHC and the combined Basic Concepts/Universal Laws and Code of Ethics and Conduct. We also advise that you obtain the written consent of your clients/patients by asking them to read and sign the WHC Basic Concepts/Universal Laws. This is so that your patients/clients are fully informed.
Both health professionals and their patients/clients should interact on the basis of the Basic Concepts/Universal Laws of the WHC. This will minimise the risk of complaints. Since we are all humans, misunderstanding and errors can still occur. With both practitioners and patients acting in accordance with the same principles, it will be easier to find a resolution to a complaint. In situation when this is not possible, complaints can be sent to the WHC who will offer mediation services to help resolve any issue. If resolution is still not possible, the WHC Resolution Tribunal, under Māori jurisdiction, will convene to resolve the complaint. They key aspect is to provide resolution while learning from the situation so as to avoid similar issues in the future. It is not about punishment and blame, it is about learning, awareness and growth. This will facilitate resolution. Māori traditions, ethics and principles facilitates Ara when a Hara has occurred. Please consult Basic Concepts/Universal Laws.
As it is necessary to fund the administration of the WHC, there are some basic fees that have to be paid. The standard application fee is a non-refundable amount of $ 150.00 NZD. Your application will be reviewed and if you are not eligible you will be informed. If you are eligible for registration there is registration fee and an annual APC fee that will depend on the profession(s) you are applying under. The fees are listed in the WHC registration. If your application is accepted, and before your APC is issued, the relevant registration fee and an annual APC fee has to be paid. The APC fee will be recurrent every year. Please note if you apply for more than one profession, there will be a registration fee for each profession you are applying under since your application will need to be assessed by each professional council you have applied to.
Yes. The WHC understand the great pressure, stress and anxiety generated by the actions of the NZ government. In order to provide assistance in these difficult times, we offer a "fast track" registration process. Any qualified health professional that has a current or recent APC issued by an organisation under the NZ government, can provide a copy of that APC with the completed WHC Registration Form without sending immediately the documents supporting their qualifications ( these documents will have to be supplied at a later date ). Once the completed WHC online Registration Form is provided, copy of the APC is supplied and the payment of the overall fees is received, the application will be processed and the WHC APC issued. This is for the fast track process. The normal registration instructions are indicated in the WHC Registration Form.
INSTRUCTIONS - You need:
1- The completed and signed WHC Registration Form, minus the qualifications documents and the Justice of the Peace signature.
2- A copy of your current or recent APC as issued by a NZ government organisation.
3- Payment of the application, registration and annual APC fees ( Application fee is $ 150.00 and Registration and APC fees are based on the profession you are applying for. The amount of each fee is indicated on the WHC Registration Form). At this time payment is made by direct deposit:
Name of bank: First Credit Union
Account name: Whakaminenga Health Council -
Account number: 03-1904-0210339-00
Please clearly identify the name of applicant and reason for the payment. WHC Fast Track.
4- Once your application is received and you have confirmed payment of your fees, you application will be processed and your WHC APC will be issued electronically along with other relevant documents.
The WHC recommend that you contact your existing insurer and ask them to confirm in writing that they abide by their duties and obligations to give effect to the principles of the Treaty of Waitangi 1840 (Te Tiriti O Waitangi) since it is generally understood that adherence to these principles is essential for conducting business in Aotearoa. Specifically ask them if they respect the two legal streams of law in this country. Tikanga ( Māori customary law) is legal in this country. Please advise the WHC of any negative response. The WHC also expect a reduction in complaints which should have a beneficial effects on insurance premiums.
UPDATED 14 MAY 2022
DISCLAIMER: The WHC does not endorse any information or advice from any other organisation unless it is specifically stated by the WHC.
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