11. TE URUROA FLAVELL (Māori Party—Waiariki) Link to this
to the Minister of Foreign Affairs
In what ways has the Government demonstrated its support for the United Nations Declaration on the Rights of Indigenous Peoples?
Hon CHRISTOPHER FINLAYSON (Attorney-General) Link to this
By doing what we have been doing since day one of this great Prime Minister’s administration. We have accelerated the settlement of Treaty grievances after 9 years of failure; we have reviewed and repealed the hated Foreshore and Seabed Act; we have restored the right of iwi to seek customary title in the courts; and we have supported the declaration through participation in international meetings. Indeed, the United States has changed its position on the declaration. An official from Te Puni Kōkiri is attending the Permanent Forum on Indigenous Issues this week and will also attend a meeting in Washington of United States, Canadian, Australian, and New Zealand officials dealing with indigenous topics.
Te Ururoa Flavell Link to this
Does the Minister agree with article 19 in the declaration, which affirms indigenous peoples’ rights to “free, prior and informed consent”; if so, why have New Zealand officials currently attending the UN session on sustainable development asked for the text “free, prior and informed consent” to be deleted?
Hon CHRISTOPHER FINLAYSON Link to this
As to the first part of the question, yes. I note that although the declaration certainly carries moral force, it is not legally binding; it is an aspirational document.
Hone HarawiraCan the Minister please tell the House how the Government calling out the New Zealand armed forces against Tūhoe and Te Whānau-a-Apanui for standing up for the rights guaranteed to them under the United Nations Declaration on the Rights of Indigenous Peoples demonstrates its support for the United Nations Declaration on the Rights of Indigenous Peoples?
Hon CHRISTOPHER FINLAYSON Link to this
As to the issue of Tūhoe, that matter is before the court. It would be singularly inappropriate to comment on that.
Te Ururoa Flavell Link to this
Does he agree that in seeking to remove “free, prior and informed consent” from the text on mining in the sustainable development session, his officials have breached Cabinet’s support for the declaration and have breached the Treaty clauses in a number of pieces of legislation, including the Crown Minerals Act; if so, what is he doing about it?
Hon CHRISTOPHER FINLAYSON Link to this
No, it is a work in progress and we will see what happens at the end of the day. To ask for a clause by clause, day-by-day analysis of the work our Ministry of Foreign Affairs and Trade officials are doing at this most important conference would be inappropriate.