III. Aotearoa New Zealand context Te Tiriti o Waitangi 10. The Government’s human rights obligations are underscored by Te Tiriti o Waitangi (Te Tiriti). As noted in the State Party report, Te Tiriti is Aotearoa New Zealand’s foundational constitutional document, which establishes the relationship between Māori and the State.9 It affirms the status of Māori as tangata whenua (Indigenous peoples) and recognises their preexisting and ongoing tino rangatiratanga (sovereign authority) and self-determination. It envisages a sharing of power and authority and a partnership of equals. Te Tiriti requires the Government to work in partnership, support and to uphold the rangatiratanga authority of tangata whenua, and advance equity for Māori. 11. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) complements Aotearoa New Zealand’s obligations under Te Tiriti. The guarantee of tino rangatiratanga under Te Tiriti is reinforced by articles 3 and 4 of the UNDRIP which recognise Māori rights to selfdetermination. The commitment to partnership under Te Tiriti is supported by article 18 of the UNDRIP which recognises the right of Māori to participate in decision-making on matters that affect their rights, and article 19 which places an obligation on the State to act in good faith with Māori to obtain their free, prior, and informed consent before undertaking measures that affect them. 12. Following Cabinet approval in March 2019, a National Action Plan to implement UNDRIP was being developed by the Government, in partnership with Indigenous representatives from Pou Tikanga of the National Iwi Chairs Forum and the Commission.10 Targeted engagement was carried out with Māori in 2021-22, with feedback from that process including considerable concern about the justice system, over-policing and over-incarceration of Māori.11 A key theme was a call for “fundamental change to mitigate the impact of the current system on tangata whenua”.12 A draft plan was due to be released for broader public consultation in 2023, however the development of the National Action Plan has been paused until 2024. 13. As the State Party’s report notes, Te Tiriti o Waitangi forms part of Aotearoa New Zealand’s unwritten constitution, alongside various pieces of human rights legislation.13 However, Aotearoa New Zealand’s constitutional arrangements, with their emphasis on Parliamentary sovereignty, afford limited protection to Te Tiriti and the human rights protections contained therein. The State Party’s report notes that there are no plans to review Aotearoa New Zealand’s constitutional arrangements. However, other UN bodies including the Committee on 9 New Zealand Government, “Seventh periodic report submitted by New Zealand under article 19 of the Convention pursuant to the simplified reporting procedure” CAT/C/NZL/7 (25 September 2019), at [6] to [13]. 10 See Te Puni Kōkiri | Ministry of Māori Development UN Declaration on the Rights of Indigenous Peoples (20 October 2022) available at https://www.tpk.govt.nz/en/a-matou-whakaarotau/te-ao-maori/un-declaration-on-the-rights-ofindigenous-peoples , and He Puapua – Report of the Working Group on a Plan to Realise the UN Declaration on the Rights of Indigenous Peoples in Aotearoa New Zealand (1 November 2019) available at https://www.tpk.govt.nz/documents/download/documents-1732-A/Proactive%20release%20He%20Puapua.pdf. 11 Iwi Chairs Forum Pou Tikanga, Human Rights Commission and Te Puni Kōkiri, Key themes from Māori targeted engagement on a plan to implement the UN Declaration on the Rights of Indigenous Peoples (April 2022) available at https://www.tpk.govt.nz/docs/tpk-undrip-append2-en.pdf. 12 Ibid, p. 8. 13 Above n 9, at paras [6]-[13]. 6