Introduction
The events currently unfolding at Ihumātao raise important human rights issues.
The land, which was confiscated by the New Zealand Government in the 1860s and
has been in private ownership ever since, is of considerable cultural, spiritual and
historical significance to Māori. 2
These issues are directly relevant to New Zealand’s human rights commitments to
Māori under the United Nations Declaration on the Rights of Indigenous Peoples
(“the Declaration”). They also engage broader human rights commitments under
international human rights treaties that New Zealand has ratified (signed up to).
The Human Rights Commission (“Commission”) has developed this report to
provide a human rights perspective on Ihumātao. We consider that New Zealand’s
human rights commitments under the Declaration can provide, alongside Te Tiriti o
Waitangi (“Te Tiriti”), a compelling and constructive framework within which the
dispute can be discussed, addressed and eventually resolved.
We issue this report under our statutory mandate under the Human Rights Act 1993
as New Zealand’s national human rights institution and our statutory function to
promote the human rights dimensions of Te Tiriti.
The report does not endeavour to provide a complete and comprehensive account
of international human rights, including the Declaration on the Rights of Indigenous
Peoples, in relation to Ihumātao. Nor does it seek to make findings or decisions
about whether international human rights instruments are being adhered to. Given
the complex factual background and the current fluidity of the situation on the
ground, it would not be appropriate for us to do so. Instead it is intended to provide
a distinctive, constructive contribution to public discussion about Ihumātao.
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