•
initiatives which aim to give better effect to cultural expertise and the principle of
self determination. Examples of this approach are Ka Hikitia – Managing for
Success: The Māori Education Strategy 2008-2012 and the introduction of ten
marae-based courts and two Pasifika courts for Māori and Pacific young people
involved in the youth justice system.
9. Challenges remain, however, to fully realising human rights for everyone in New
Zealand. Two major earthquakes and numerous aftershocks struck the Canterbury region
in September 2010 and February 2011. The earthquakes resulted in significant loss of life
and destruction of homes, businesses, communityxi and city infrastructure. The State has
invested a large amount of resources and efforts in the Canterbury earthquake recovery
process. However, significant issues have emerged relating to rights to property, health,
housing and participation by affected people in decision making. The secondary stressors
of community dislocation, financial distress, insurance issues being unresolved and poor
or insecure housing are resulting in high levels of psychosocial harm. The Canterbury
earthquake recovery process has brought renewed attention to a number of enduring
human rights challenges for New Zealand and highlighted the fragility of some human
rights protections.
10. The earthquake recovery has clearly shown the importance of private sector actors
respecting the rights of affected people. Health and housing, for example are two areas of
post-natural disaster recovery where businesses may find themselves in breach of human
rights law standards. The Commission urges the Government to commit to ensuring
that all businesses operating or registered in New Zealand understand and apply
the Guiding Principles on Business and Human Rights (the Ruggie Principles) in all
their activities.
11. The Commission has been designated the responsibility to periodically develop a
National Plan of Action for Human Rights (NPA) for the promotion and protection of
human rights in New Zealand, in consultation with interested parties. The Government
has agreed to work with the Commission to develop New Zealand’s second NPA. It is
intended that the NPA will be developed as a follow on from, and be directly informed
by, New Zealand’s second UPR. As noted by CESCR in 2012, it should also take into
account the concluding observations from treaty bodies.xii
12. The Commission recommends that the HRC note the government’s commitment to
work with the Commission as well as with non-governmental organizations and
other members of civil society to develop and actively monitor and implement New
Zealand’s second NPA.xiii
D. Background and Framework
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