Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand Te Tiriti o Waitangi When Spanish influenza reached New Zealand in 1918, the pre-European Mäori population had more than halved due to introduced disease and land wars. Mäori deaths from this influenza were seven times higher than non-Mäori, in part due to many Mäori communities being left to fend for themselves. The severe and uneven impacts of introduced disease will always be in the hearts and minds of tangata whenua. Today, health modelling shows that tangata whenua are at a much higher risk of illness and death from COVID-19 compared to non-Mäori. Iwi have taken a strong leadership role and decisive action against COVID-19, seeking to protect their most vulnerable and avoid a repeat of the devastation from previous pandemics. Positive practice on which to build Te Tiriti o Waitangi requires proactive support from the government for rangatiratanga, alongside ensuring equity of outcomes for tangata whenua. Te Tiriti and human rights provide for co-existing systems of governance: Crown käwanatanga authority and iwi and hapü rangatiratanga. During the COVID-19 crisis it has been encouraging to see examples of Tiriti partnership working in practice and strong leadership being exercised by both partners. Where responsibilities overlap, there has been cooperation reinforced by a strong sense of shared purpose to contain the coronavirus and to protect Mäori and all New Zealanders. A positive example is the iwi and hapü-led rähui checkpoints, carried out in a spirit of collaboration with police, councils and civil defence. The Commission welcomes the Police approach of recognising iwi concerns and seeking to model Tiriti partnership. The Commission encourages constructive partnership between Police, iwi and hapü as the response to COVID-19 develops over time. 8 While there is much to commend in New Zealand’s response to COVID-19, Te Tiriti and human rights have not been integrated across the response to the pandemic. These fundamental values and safeguards should be at the heart of the response. Positive references to Te Tiriti in key documents are welcome, but it is sometimes unclear how these obligations are being implemented in practice. At this critical time, Crown-Mäori relationships must be elevated from sporadic engagement to substantive partnership and equitably shared decision-making. The Commission welcomes government efforts such as funding support for Mäori, the ramping up of targeted testing and the Ministry of Health’s Mäori Response Action Plan, which includes a significant focus on equity. There has been a welcome commitment from the Ministry to work together with its Tiriti partners. International human rights Efforts to address health and other disparities affecting Mäori are unlikely to be effective if they are not real partnerships upholding Mäori self-determination. Effective measures for Maori are those by Mäori and with Mäori, and which affirm Te Tiriti as a whole. Domestic Tiriti obligations are supported by international human rights, including the UN Declaration on the Rights of Indigenous Peoples. The Declaration highlights the fundamental importance of the rights to selfdetermination, to participate in decision-making, and to free, prior and informed consent in relation to initiatives that affect indigenous peoples. The UN Expert Mechanism on the Rights of Indigenous Peoples notes that COVID-19 is likely to exacerbate a critical situation where inequalities and discrimination already abound. The Chair of the UN Permanent Forum on Indigenous Issues highlights the need to take steps to protect and prioritise Indigenous Peoples, as well as to recognise their contributions and leadership.