Mental Health and Wellbeing Commission Bill

  • enacted

Part 1 Preliminary provisions

3 Treaty of Waitangi (Te Tiriti o Waitangi)

In order to recognise and respect the Crown’s responsibility to take appropriate account of the Treaty of Waitangi, and with a view to achieving better and more equitable mental health and wellbeing outcomes for Māori,—

(a)

section 8(2) requires the Minister to have regard to the need for members of the board to collectively have knowledge, understanding, and experience of—

(i)

te ao Māori (Māori world view), tikanga Māori (Māori protocol and culture), and whānau-centred approaches to wellbeing; and

(ii)

the cultural, economic, educational, spiritual, societal, environmental, and other factors that affect people’s mental health and wellbeing; and

(b)

section 9(1) requires the board to ensure that the Commission maintains systems and processes to ensure that, for the purposes of carrying out its functions under this Act, the Commission has the capability and capacity—

(i)

to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and

(ii)

to engage with Māori and to understand perspectives of Māori; and

(c)

section 11(2) requires the Commission to have particular regard to the experience of, and outcomes for, Māori when the Commission performs its functions under this Act, which include—

(i)

assessing and reporting publicly on the mental health and wellbeing of people in New Zealand; and

(ii)

assessing and reporting publicly on factors that affect people’s mental health and wellbeing; and

(iii)

assessing and reporting publicly on the effectiveness, efficiency, and adequacy of approaches to mental health and wellbeing (including mental health services and addiction services); and

(iv)

advocating for the collective interests of people who experience mental distress or addiction (or both), and the persons (including family and whānau) who support them; and

(ca)

section 11(3) requires the Commission, when it performs its functions under this Act, to also have regard to—

(i)

the cultural, economic, educational, spiritual, societal, environmental, and other factors that affect people’s mental health and wellbeing; and

(ii)

actions undertaken that (or that could be undertaken to) identify and respond to people experiencing poor mental health and wellbeing, and the persons (including family and whānau) who support them; and

(d)

section 13 requires the Commission, in performing its functions and exercising its powers under this Act, to establish mechanisms to ensure that there are it has effective means of seeking the views of Māori.