A Māori health provider says it will likely have to take the Ministry of Health back to court after the government department again refused to release data on people who aren't vaccinated.
The Whānau Ora Commissioning Agency earlier asked the ministry to give it the contact details and vaccination status of all unvaccinated Māori in the North Island.
It argued this would allow it to reach out to the unvaccinated and use its cultural understanding and community ties to encourage them to get the shot.
The ministry decided against giving "identifiable data for individuals", and instead offered to point Whānau Ora to streets where unvaccinated Māori were living
But a High Court released on Monday ordered the ministry to reconsider its refusal and gave them three days to respond to the court's decision.
Director general of health Dr Ashley Bloomfield said the outcome of the ministry's reconsideration was to invite Whānau Ora to work with it to reach out to the unvaccinated.
But Whānau Ora said this amounted to the ministry again refusing to hand over the information.
Chief executive John Tamihere said that meant his health provider now needed to waste valuable time and resource appealing the ministry's decision in court,
"Every day delayed, is a day closer to Māori feeling the full brunt of the Covid-19 pandemic," he said.
"We must have immediate access to that data so we can give our people an opportunity to be vaccinated and a chance."
Figures released by the Ministry of Health show in Counties Manukau, only 55 per cent of Māori are fully vaccinated, while 74 per cent have received one dose.
"We are now talking about a life-and-death situation. The life of vaccinated white New
Zealanders and the deaths of brown unvaccinated New Zealanders," Tamihere said.
In a letter to Tamihere, Dr Bloomfield said had considered evidence from Whānau Ora and other Māori experts and health providers.
"These views have demonstrated that there are multiple interests at play in the provision of identifiable Māori health data," he said.
He said Treaty principles require the Government to "act as a reasonable partner" to Māori.
However, in considering the privacy of individuals, "and in light of the evidence of vaccine uptake and coverage, we have concluded that it would not be appropriate to adopt a blanket approach to the sharing of the Māori health information you have requested on a North Island-wide basis", he said.
He instead invited Whānau Ora to work with the ministry on "where vaccination outreach to Māori is most needed".
The ministry's earlier refusal was reportedly based on strong views from DHBs that sharing the data would be a "counterproductive threat to public confidence in the health system".
However, in her ruling, Justice Gwyn said this claim was not evidenced as the ministry hadn't appeared to have made "an assessment of the anticipated adverse consequences of the specific disclosure sought".
Following her ruling, Tamihere said it was worth taking the chance if it meant increasing vaccination levels.
"They alleged that we would badger, bully and demonise - what do you think is happening to our people right now in terms of being seen as laggards," he said.
"We don't know until we have a go. They can tell us to bugger off, why don't you give people the chance to say no?"
Even with only six weeks remaining before Christmas, Tamihere said the data would make a "huge impact" in lifting vaccination levels before the alert level framework was abandoned.
He said Justice Gwyn in her High Court ruling found the ministry's reasoning for withholding detailed data lacked rigour.
She said the ministry failed to take into account its obligations for a partnership under the Treaty of Waitangi, Tamihere said.