16.
The recommendations of the Constitutional Advisory Panel and Matike Mai Aotearoa
are yet to be reflected in Government policy or legislation. There has been a general
lack of urgency on the part of the State in this area, despite problems arising during
recent legislative initiatives. These include the attempted 2016 reforms to the Te
Ture Whenua Māori Act, the statute that governs Māori land and the creation of a
Marine Sanctuary in the Kermadec Islands. As noted in the Government’s report, the
Māori land reforms were found by the Waitangi Tribunal to have an insufficient
mandate from Māori and in breach of the principles of the Treaty of Waitangi. 8
17.
Furthermore, the Commission notes that while the State may have incorporated
some aspects of the Waitangi Tribunal’s landmark report Ko Aotearoa Tenei (WAI
262) in policy, legislation and trade agreements,9 it is yet to issue a full, formal
response to the report’s recommendations. The Commission considers that the WAI
262 framework recommended by the Tribunal should be implemented as a matter
of priority, particularly given the inevitable impact that State actions will have upon
the Treaty rights of Māori as regards indigenous flora, fauna and cultural taonga.10
Recommendation 2
a. By December 2018, develop, in partnership with Māori, a national strategy or plan
to bring public policy and legislation into alignment with the UNDRIP, including
provision of resourcing, cooperation and support to the UNDRIP Independent
Monitoring Mechanism established by the Iwi Chairs Forum, and working with the
forum to develop and implement a National Plan of Action for implementing UNRIP,
in accordance with the commitments made in the Outcome Document of the World
Conference on Indigenous Peoples A/RES/69/2 2014.
b. Urgently develop, in partnership with Māori, mechanisms to ensure legislation,
policy and practice initiatives comply with the participation obligations in Article 2
of the Treaty of Waitangi.
c. Urgently develop, in partnership with Māori, a policy framework designed to
implement the WAI 262 recommendations across the government sector, including
all relevant laws and regulations, international trade policies and commercial
activities.
7