20 December 2013 Kate Fox Secretary of the Human Rights Committee Human Rights Council and Treaty Bodies Division Office of the High Commissioner for Human Rights CH-1211 Geneva 10 Switzerland Email: kfox@ohchr.org Dear Kate ICCPR List of Issues Prior to Reporting The New Zealand Human Rights Commission (the Commission) derives its statutory mandate from the Human Rights Act 1993 (HRA). The long title to the HRA states that the Commission’s role is to provide better protection of human rights in New Zealand in general accordance with the United Nations Covenants or Conventions on Human Rights. The Commission has “A” status accreditation from the International Co-ordinating Committee of National Human Rights Institutions. The Commission appreciates the opportunity to provide information to the Human Rights Committee to inform its development of a list of issues prior to reporting (LOIPR) on New Zealand’s anticipated 6th periodic report under the International Covenant on Civil and Political Rights (ICCPR). In June 2012 the Commission wrote to the Committee in relation to the adoption of New Zealand’s LOIPR. In that letter the Commission identified the key challenges for New Zealand’s continued implementation of the ICCPR. Attached as Appendix 1 is a copy of that letter. This letter is provided with the aim of updating the Committee on what the Commission views as significant developments and key challenges that have emerged since June 2012. In particular, the Commission notes that New Zealand will undergo its second Universal Periodic Review (UPR) before the Human Rights Council in January 2014. Earlier this year the Commission made an independent submission to the UPR process. In its submission the Commission made 20 recommendations, a significant number of which relate to the implementation of the ICCPR in New Zealand. Attached as Appendix 2 is a copy of the Commission’s submission to the UPR process. General Information on the National Human Rights Situation New Zealand generally has high levels of human rights realisation. New Zealanders are generally free to say what they think, read and view what they like, worship where and how they choose, move feely around the country and feel confident in the laws that protect them from discrimination and the arbitrary abuse of power. Most New Zealanders also experience the benefits of the economic, social and cultural rights – education, decent work, good health and affordable, healthy housing. Since 2012 there have been some significant achievements, including: • • 1 greater recognition of the equality of same-sex couples with the recent passage of the Marriage (Definition of Marriage) Amendment Act 2013; significant progress in settling historic breaches of the Treaty of Waitangi. Since 2009, 19 Bills have been passed by Parliament giving effect to Treaty settlements.1 As Māori and the Crown continue to make progress with Treaty settlements, innovative forms of An unprecedented 11 Bills were passed by Parliament in 2012 giving effect to Treaty settlements. Page 1 of 35