The United Nations Declaration on the Rights of Indigenous Peoples The Declaration is the most comprehensive, globally supported and legitimate international legal instrument setting out the rights of indigenous peoples. 24 The Waitangi Tribunal has described the Declaration as “perhaps the most important international instrument for Māori people”25 and has taken its articles into account when assessing State actions.26 The Supreme Court of New Zealand has also referred to the Declaration when interpreting the way New Zealand law affects Māori legal rights and interests.27 The Declaration reflects human rights expressed in a range of international treaties which are binding on New Zealand. These rights include: the rights of indigenous peoples to their culture28 and customs,29 lands and territories,30 as well as their distinctive spiritual relationship with traditionally owned lands. 31 The Declaration also affirms the right to non-discrimination and self-determination of indigenous peoples. In this way, it builds upon existing rights and freedoms of indigenous peoples under international, domestic and customary law. The Declaration also recognises that indigenous peoples have historically been denied the benefit of many human rights and it places an obligation on States to not only provide for redress for historical grievances32 but also encourage practices, supported by legislation, which prevent such grievances from recurring in the future.33 The Declaration and Te Tiriti The Declaration complements and reinforces both the text of Te Tiriti as well as the principles developed by the Waitangi Tribunal. New Zealand courts and the Waitangi Tribunal have interpreted Te Tiriti and the Declaration alongside one another.34 In recent times, the Waitangi Tribunal has considered how the Declaration and Te Tiriti interrelate. The Tribunal has considered that while its role is not to make findings about whether the Crown has acted inconsistently with the Declaration, it can use the Declaration as a tool in assessing Crown actions.35 11

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