Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand
Foreword - Kōrero Whakataki
He kura tangihia, he maimai aroha.
Ko te tangihanga tëtahi mätäpuna o te ao Mäori, e toitü ana ki tënei rä.
He kaupapa nui te poroporoaki ki te hunga mate. I tënei wä mate korona,
ka whai pänga mai ngä whakaritenga rähui ki runga i te whänau pani.
Ka taumaha rawa atu. I tënei wä pouri, ka tukuna mätou o mätou aroha ki ngä whänau e noho mokemoke ana.
Kia pümau te matihere o te wähi ngaro ki a tätou.
Haere, haere, haere atu rä.
Our ngäkau aroha goes out to all of those who are
grieving the loss of loved ones in Aotearoa New Zealand
and overseas. So far, the country has avoided wholesale
catastrophic loss of life, but it is not unscathed. The
weight of the lives lost to COVID-19 is immeasurable.
The grief of all whänau who have lost loved ones in the
lockdown is intensified by the inability to provide them
with close support and care.
As we adjust to COVID-19 Alert Level 3, the Human
Rights Commission provides some ‘snapshots’ of how
the Level 4 lockdown impacted upon human rights and
Te Tiriti o Waitangi.
We can learn from the Level 4 experience as we take
steps in Level 3 towards recovery.
Aotearoa New Zealand is living through a health,
economic and human rights emergency. The human
rights issues are numerous, complex and profound.
They engage Te Tiriti o Waitangi and our national and
international human rights commitments.
In due course, the Commission will investigate these
complexities in detail. For now, our goal is modest: to
provide some human rights ‘snapshots’ from Level 4
which can help to navigate what lies ahead. We are not
suggesting the issues covered are the most pressing and
important. Prepared as Level 4 drew to a close, these
‘snapshots’ are short and illustrative.
The government must be strongly commended for
protecting the health and lives of so many tangata
whenua and New Zealanders. Overall, the country’s
systems of health protection and health care have
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performed very well, especially when compared to
many other high-income countries. Nonetheless,
the government’s approach to COVID-19 has some
significant shortcomings, some of which will emerge in
the ‘snapshots’ and others we signal in the Conclusion.
Human rights and Te Tiriti o Waitangi are not only about
rights, they are also about responsibilities. They place
responsibilities on government and others holding public
power, and they also place responsibilities on individuals
to their communities. As the Universal Declaration
of Human Rights puts it, everyone has duties to the
community in which the free and full development of
their personality is possible.
This human rights responsibility of individuals to their
communities – staying in our bubbles, social distancing,
getting tested, protecting iwi, hapü and whänau, looking
out for each other – was one of the strongest features
of Level 4.
Human rights and responsibilities, and respect for Te
Tiriti o Waitangi, should be hallmarks of the country’s
recovery from the pandemic.
As we look forward to recovery, our children’s future
must be centre stage. The impact on tamariki of
COVID-19 – the virus and the measures to control it –
should not be understated. Like many adults, children
are experiencing increased anxiety, loneliness, feelings
of lack of control, and worries about how their families
will make it through.
The immediate stress and long-term impacts are not
evenly shared: they disproportionately fall on those