8. CATHERINE DELAHUNTY (Green) Link to this
to the Minister of Foreign Affairs
Why has he not recognised the collective rights of Māori as affirmed by the UN Declaration on the Rights of Indigenous Peoples?
Hon SIMON POWER (Minister of Justice) Link to this
Although New Zealand has not yet publicly affirmed and recognised the declaration, the Prime Minister has indicated that he would like to see New Zealand move to support the declaration, provided that we can protect the unique and advanced framework that has been developed for the resolution of issues related to indigenous rights. The Government has sought advice on the implications of supporting the declaration, and the extent to which any risks can be mitigated. Officials are still preparing that advice, and no decisions one way or the other have yet been made.
Catherine Delahunty Link to this
Why is the Government so reluctant to recognise Māori rights under international law, when Māori have been so generous and practical in their negotiations with the Crown over these rights in Aotearoa?
There is not reluctance, just care, involved in this process. New Zealand’s position on the declaration does not change the Government’s ongoing commitment to a good-faith approach to working with Māori.
Catherine Delahunty Link to this
Would it not be timely, given that it is Te Wiki o Te Reo Māori and the end of Matariki, for the Government to recognise the UN declaration, which upholds the rights of tangata whenua and te reo Māori?
I understand the member’s point, but it would be more timely to make sure that if support was forthcoming, it would be done in a way that was carefully thought out, meaning that any proposition would be enduring.
Catherine Delahunty Link to this
Could he outline the advantages to Aotearoa New Zealand of supporting the Declaration on the Rights of Indigenous Peoples?
The advantages are that, in an aspirational way, it would reflect many Governments’ commitments to working in good faith with Māori on many issues. However, as the Prime Minister and I have both said—in this House, I believe, and certainly before a select committee in recent times, in any event—the important point is to make sure that the unique framework constitutionally put in place primarily by the Treaty of Waitangi is not disrupted by any affirmation of the declaration, and it is important to make sure that any affirmation, if it were to occur, is enduring.