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UN Declaration on the Rights of Indigenous Peoples—Impact on New Zealand Law

Tuesday 27 April 2010 Hansard source (external site)

Horomia10. Hon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti) Link to this
to the Minister of Maori Affairs

Does he agree with the Prime Minister that the UN Declaration on the Rights of Indigenous Peoples “will have no impact on New Zealand law”?

SharplesHon Dr PITA SHARPLES (Minister of Māori Affairs) Link to this

Article 46 of the declaration ensures that the laws of the sovereign States that support the declaration remain intact. But as laws change with the changing culture of society, then, who knows, the declaration may be able to inform new laws. That would give a Labour Government a chance to change its mind and support the declaration.

HoromiaHon Parekura Horomia Link to this

Did the Minister just affirm the Declaration on the Rights of Indigenous Peoples, or did he put pen to paper and sign up to it, on behalf of the New Zealand Government?

SharplesHon Dr PITA SHARPLES Link to this

The original vote taken was a vote. Now, people declare; they do not sign anything. There are two countries yet to declare.

HoromiaHon Parekura Horomia Link to this

Is it his intention to advocate changes to New Zealand law to facilitate movement towards the aspirations of the Declaration on the Rights of Indigenous Peoples?

SharplesHon Dr PITA SHARPLES Link to this

I am quite happy that the processes that we have in place at this moment support those of the declaration and, more important, of the Treaty of Waitangi.

GarrettDavid Garrett Link to this

Does the Minister agree with a former New Zealand Permanent Representative to the United Nations, Rosemary Banks, that article 26 of the declaration “implies indigenous peoples have rights that others do not”; if he does not, why not?

JonesHon Shane Jones Link to this

Kia ora, Mr Speaker. Does the Minister agree that the Declaration on the Rights of Indigenous Peoples means that only members of iwi and hapū are indigenous New Zealanders; if that is the case, what does he think the status of Pākehā is?

SharplesHon Dr PITA SHARPLES Link to this

The status of Pākehā is that of tangata Tiriti, through the signing of the Treaty of Waitangi.

JonesHon Shane Jones Link to this

Does he believe that New Zealanders of non-Māori descent can ever claim to be either native or indigenous to New Zealand?

SharplesHon Dr PITA SHARPLES Link to this

They certainly can agree to be native, because we are all native to this place. But at the end of the day we are all New Zealanders working together.

FlavellTe Ururoa Flavell Link to this

Tēnā tātou katoa. What other countries have changed their position on the Declaration on the Rights of Indigenous Peoples?

SharplesHon Dr PITA SHARPLES Link to this

When I had finished making our declaration at the United Nations, I was immediately met by the permanent representatives of the United States and Canada, who said that we had put them on the spot. The following day they made speeches indicating that they too will be following suit.

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