Conclusions
The events at Ihumātao present a challenge for human rights in Aotearoa New
Zealand. In responding to the events, our public and private institutions should
uphold the rights of Māori to their land, their culture and cultural heritage, their rights
to participation and access to justice under the Te Tiriti, the Declaration and
international human rights treaties to which New Zealand is a party.
The Commission is encouraged that the Government has signalled a willingness to
address the human rights impacts on Māori of colonisation. In particular the
Commission notes the recent acknowledgment before the UN by the Minister of
Justice that the impacts of colonisation continue to be felt today, through entrenched
structural racism and poorer outcomes for Māori.100 The Commission also notes the
commitment the Government has made to developing a national plan to align law,
policy and practice with the Declaration.101 These are important steps towards
achieving equitable human rights outcomes for Māori and indeed all New
Zealanders.
The Commission recommends that the Government commit to supporting the
parties at Ihumātao to work towards a solution through promoting a human rightsbased approach to the resolution of the dispute in a manner consistent with New
Zealand’s international human rights commitments under the Declaration.
The Commission recommends that this approach should contain the following
elements:
1. Protection of mana whenua rights and a continuation of the current halt
on development of the land while work towards a resolution is carried
out.
While the Ihumātao dispute remains unresolved, the Commission recommends
that the Government ensures that the rights of mana whenua under the
Declaration are protected and upheld. As such, any developments of the
Puketāpapa site should continue to be subject to the halt announced by the
Prime Minister until a resolution is freely and fairly reached between all parties.
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