to enhancing the self-determination of Māori; contribute to improving intergenerational Māori
wellbeing; and “demonstrate ambitious actions as opposed to business as usual.”124 New Zealand’s
Independent Monitoring Mechanism on the Rights of Indigenous People considers that
constitutional reform that provides recognition of the Treaty of Waitangi and human rights is critical
to implementing the UNDRIP in New Zealand.125
99.
A Declaration Working Group (DWG) has been established to advise the Ministry on the plan and
an engagement and consultation process. The Commission understands that the DWG’s November
2019 report to the Ministry is under consideration.
Education, leisure and culture: Recommendations
The Commission recommends that the Committee seek the following information from the New
Zealand government:
(a) In light of the Education and Training Bill, details of any further measures to explicitly
incorporate the right to inclusive education into education legislation and policy.
(b) Measures taken to implement clause 9 of the Education and Training Bill as regards the duties
of schools and the Crown to implement the Treaty of Waitangi in the school system, including
data regarding the delivery and frequency of te reo Māori and tikangi Māori education in New
Zealand schools.
(c) Measures to develop a new or refreshed Pacific Education Plan to follow the Pacific Education
Plan 2013-17.
(d) Information regarding the implementation of the independent school appeal process,
including any measures taken to ensure that the process conforms with the requirements of
the Convention and other domestic and international human rights instruments.
(e) Information regarding the development of the Declaration of the Rights of Indigenous Peoples
action plan, including specific information regarding the involvement of tamariki and
rangatahi Māori (children and young people) in the development of the plan.
(f) Any new measures taken to reduce bullying in schools since ERO’s 2019 report Bullying
Prevention and Response in New Zealand Schools, including specific measures to reduce
bullying of disabled students and of SOGIESC students.
I.
Special protection measures
Children with parents in prison
100.
The 23,000 New Zealand children with a parent in prison are among New Zealand’s most
disadvantaged.126 A recent independent review of the criminal justice system found that, “The
124
https://www.tpk.govt.nz/en/whakamahia/un-declaration-on-the-rights-of-indigenous-peoples
Report of the Independent Monitoring Mechanism on implementation of the UN Declaration on the Rights of
Indigenous Peoples in Aotearoa New Zealand: 2019, paragraph 12. The IMM has called on the government to start a
constitutional conversation through the implementation of the recommendations of the 2016 report of Matike Mai:
the independent working group on constitutional transformation.
http://www.converge.org.nz/pma/MatikeMaiAotearoaReport.pdf
126
https://www.pillars.org.nz/
125
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