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Whanau Ora Commissioning Agency Abandons Civil Proceedings

The Whanau Ora Community Clinic is delighted to confirm that Te Pou Matakana Limited TPM (The Whanau Ora Commissioning Agency) has now abandoned its long-running civil proceedings against us and agreed to make a contribution to our legal costs.

The claim was first filed in September 2022, when TPM sought interim injunctions for us to cease using our trading name.

The Whanau Ora Community Clinic began trading in August 2014. TPM began trading as “The Whānau Ora Commissioning Agency” in around early 2019. Despite its choice of trading name, TPM is in fact one of three such agencies, all of which receive funding from Te Puni Kōkiri.

TPM withdrew the interim injunction application in November 2022, shortly before the hearing and in the face of opposition from our lawyers. We were prepared to defend that application on the strength of our evidence, which demonstrated our longstanding use of our name, and the support we have received from the communities we serve.

Despite withdrawing its application, TPM continued to pursue the case against us until now, at considerable cost to both parties. Te Puni Kōkiri and Charities Services were made aware that the proceedings were ongoing.

The Community Clinic’s Director, George Ngatai, said “We have always thought this claim was misconceived from the outset. The Whānau Ora kaupapa is bigger than any one person or organisation and predates Te Pou Matakana and The Puni Kōkiri programme it receives funding from. Every person or organisation with a legitimate interest in that kaupapa should be free to use the term in appropriate ways, as we have always done.”

“The Whānau Ora Community Clinics will continue to focus on serving our patients and clients, many of whom are vulnerable and hard to reach. This case has been an unwelcome distraction and one that we are pleased to put behind us.”

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