that the State party obtain the free and informed consent of Maori before
approving any project affecting the use and development of their traditional
land and resources.”
Furthermore, the UN Special Rapporteurs on the Right to Adequate Housing and
the Rights of Indigenous Peoples recently wrote to the New Zealand Government,
drawing its attention to potential human rights breaches in relation to Ihumātao and
requesting that interim measures are taken so any potential breaches are halted
until a response is received.99 It is notable that within their communications, the
Special Rapporteurs specifically raised concerns about the fast-track procedure of
the Housing Accords and Special Housing Area Act 2013 and the inadequate
consultations with Māori both in regard to the Act and in regard to the unavailability
of judicial review.
The scrutiny of the international human rights institutions provides another important
reason for the Government to constructively apply the Declaration in supporting
parties to achieve a resolution.
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