unique relationship with their lands. See also C Charters “The Rights of Indigenous Peoples under
International Law and their Domestic Relevance in Aotearoa New Zealand” in M Bedggood, K Gledhill and I
McIntosh (eds) International Human Rights Law in Aotearoa New Zealand (Thomson Reuters, Wellington,
2017) at 810.
83
Centre of Minority Rights Development (Kenya) and Minority Rights Group International on behalf of
Endorois Welfare Council v Kenya (2010) ACHPR 276/2003, found indigenous peoples continued to have a
right to property that they had not possessed for two and a half decades.
84
Committee on the Elimination of Racial Discrimination, General Recommendation No. 23: Indigenous
Peoples 51st Session, UN Doc U.N. Doc. A/52/18, annex V at 122 (18 August 1997) at [5].
85
Expert Mechanism on the Rights of Indigenous Peoples, Free, prior and informed consent: a human rightsbased approach – Study of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc
A/HRC/39/62, (10 August 2018) at [20].
86
Ibid, (10 August 2018) at [21].
87
Article 27.
88
Expert Mechanism on the Rights of Indigenous Peoples, Access to justice in the promotion and protection
of the rights of indigenous peoples - A study by the Expert Mechanism on the Righs of Indigenous Peoples,
UN Doc A/HRC/24/50 (30 July 2013).
89
Ibid, (30 July 2013) at [3-4].
90
Ibid, (30 July 2013) at [24].
91
Ibid, (10 August 2018) at [22].
92
Human Rights Council, Guiding Principles on Business and Human Rights UN Doc A/HRC/71/31 (21 March
2011) Annex.
93
The United Nations Global Compact has over 9,500 companies based in over 160 countries.
Amy K Lehr, Indigenous Peoples’ Rights and the Role of Free, Prior and Informed Consent – A Good
Practice Note endorsed by the United Nations Global Compact Human Rights and Labour Working Group on
20 February 2014, (20 February 2014).
94
95
Ibid, (20 February 2014).
96
Expert Mechanism on the Rights of Indigenous Peoples, Free, prior and informed consent: a human rightsbased approach – Study of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc A/HRC/39/62,
(10 August 2018) at [4]
97
Ibid at [17].
98
Report of the Working Group on the Universal Periodic Review: New Zealand, A/HRC/41/1/Add.1, 17 June
2019, paragraph 20.
99
Mandates of the Special Rapporteur on adequate housing as a component of the right to an adequate
standard of living and on the right to non-discrimination in this context and the Special Rapporteur on the
rights of indigenous peoples, (AL NZL 1/2019, 22 March 2019).
100
Hon Andrew Little, Minister of Justice, Andrew Little speech to United Nations Human Rights Council for
the third Universal Periodic Review, Delivered at the United Nations at Geneva, 21 January 2019 at 9.00am
local time and 9.00pm New Zealand time, p 3.
101
Report of the Working Group on the Universal Periodic Review: New Zealand, A/HRC/41/1/Add.1, 17 June
2019, paragraph 59.
29