UN Human Rights Office sends please-explain to NZ Government over alleged Māori human rights breaches

By Samantha Gee of RNZ

The United Nations Human Rights Office has sent a please-explain to the New Zealand Government over the alleged breach of human rights of Māori in Nelson and Waikato.

The letter, signed by three UN independent human rights experts, asks about the alleged violation of the rights to land, territories, and resources of the Māori indigenous communities in Whakatū/Nelson and Wairarapa Moana in Waikato.

It comes as Justice Minister Paul Goldsmith announced the Government is accepting the majority of human rights recommendations received at the fourth Universal Period Review in Geneva, but is not recommending it implement a plan of action on the United Nations Declaration on the Rights of Indigenous Peoples (Undrip).

The Supreme Court ruled in 2017 that the Government must honour a land deal struck in the 1830s between the New Zealand Company and Māori in the Nelson region.

Despite efforts to settle it outside court, there has been no resolution.

Last August, the case went back to the High Court, to examine the extent of the Crown’s breaches and the remedies by way of land and compensation, with a decision yet to be released.

The letter follows a visit to Nelson earlier this year by the United Nations’ highest-ranked indigenous rights official, José Francisco Calí Tzay.

While in Aotearoa, he also met with Wairarapa Moana, who have been fighting for the return of land occupied by the Maraetai power station in Waikato.

The letter, signed by Calí Tzay along with UN special Rrapporteurs Alexandra Xanthaki (cultural rights) and Margaret Satterthwaite (independence of judges and lawyers), highlighted the significant and ongoing delays in resolving the case.

“This delay prevents Nelson Tenths from exercising their right to the lands, territories, and resources in the Nelson region, and from accessing their traditional territories, therefore affecting the continued exercise of their traditional activities and spiritual ceremonies. Hence, the intergenerational passing of scientific knowledge about this area is also detrimentally impacted,” it read.

It asked the Government for urgent information on the steps it is planning to take “to reach a principled, fair, and effective solution that honours the Government’s legal duties and recognises the rights of Māori indigenous peoples as customary landowners”.

It also asked about the Government’s intentions “to return the lands of Māori or, if this is not possible, to provide fair and adequate compensation for the loss of land in line with international law”.

Justice Minister Paul Goldsmith. Photo / Mark Mitchell

Last week, Justice Minister Paul Goldsmith said the Government had accepted the majority of the 259 human rights recommendations received at the fourth Universal Period Review that was held in Geneva in April.

The Government supported 168 and partially supported 12 of the recommendations.

Of the 28 recommendations related to indigenous rights and the rights of ethnic minorities, the Government noted but did not support eight related to implementing the Undrip.

It said while indigenous rights were protected through New Zealand’s existing legal and constitutional framework, the coalition agreement between National and New Zealand First confirmed the Government did not recognise the Undrip as having any binding legal effect on New Zealand and had no plans to take steps to implement it.

“While accepting the spirit behind them, some recommendations were not supported, because they depend on future decision-making according to New Zealand’s constitutional processes,” Goldsmith said.

The Government has signalled its opposition to the Undrip after New Zealand First outlined plans during the election for New Zealand to withdraw from the declaration.

Māori Development Minister Tama Potaka. Photo / Mark Mitchell

In response to the letter from the UN Human Rights Office, Minister for Māori Development Tama Potaka said it was preparing a substantive response, having received a request for information from independent experts engaged by the United Nations Human Rights Council.

Because a number of the matters raised were currently before the courts, Potaka said it wouldn’t be appropriate to make any further comment.

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