SECTION 11 - EQUALITY AND NON-DISCRIMINATION, RIGHT TO PARTICIPATE IN PUBLIC
LIFE AND THE PROTECTION OF THE RIGHTS OF PERSONS BELONGING TO ETHNIC
MINORITIES (Articles 25, 26 and 27)
LOIPR
Please provide information on steps taken as well as a timetable to implement Waitangi
Tribunal’s Wai 262 decision of 2011.
(Para 25)
251
The Waitangi Tribunal’s WAI 262 report provides a framework for the better
realisation of indigenous rights to cultural heritage in Aotearoa New Zealand. Given
the comparatively small size of Aotearoa New Zealand, and the extent of the inquiry
undertaken by the Tribunal, arguably this should be achievable. Moreover, as the
Tribunal noted, despite some fears about the Treaty and indigenous rights, there is:
an underlying good will and mutual respect between New Zealand’s founding
cultures. This has made the process of settling historical grievances possible, and is
reflected in the increasing acknowledgement that ‘Māori identity and culture is now
a vital aspect of New Zealand identity and culture.
252
There have been some significant developments since the release of the report in
2011. However, a full Government response to WAI 262 has not yet been issued.
253
However, the National Impact Analysis of the TPP makes clear that there are
implications relating to matters considered in WAI 262 if New Zealand is to be able
to perform its obligations under the TPP, should it be ratified. The particular TPP
matter relates to plant variety rights.
254
The Commission recommends that the Committee urge the Government to set a
concrete timetable for responding to the recommendations from the Waitangi
Tribunal’s Wai 262 decision.
Page 66 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR