Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand Executive Summary Our ngäkau aroha goes out to all those who are grieving the loss of loved ones in Aotearoa New Zealand and beyond. We are living through a health, economic and human rights emergency. The COVID-19 emergency has major implications for the country’s national and international human rights commitments, which have been affirmed by successive governments over several decades, as well as its constitutional foundation, Te Tiriti o Waitangi. The rights to life, health protection and health care place obligations on the government to do all it can to respond effectively and equitably to COVID-19. Consistent with these human rights obligations, the government has responded to the pandemic with vigour and determination. The Human Rights Commission strongly commends the government 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 performed very well. Nonetheless, the government’s approach to COVID-19 has some significant shortcomings. This short report provides ten ‘snapshots’ of how the Level 4 lockdown impacted upon human rights and Te Tiriti. We can learn from this experience as we take steps in Level 3 towards recovery. While there is much to commend in New Zealand’s response to COVID-19, Te Tiriti and human rights have not been integrated across the response to the pandemic. Human rights and Te Tiriti are not only about rights, they are also about responsibilities i.e. the responsibilities on the government to the people, as well as the responsibilities on individuals to their communities. As we look forward to recovery, our children’s future, and their human rights, must be centre stage. 4 Te Tiriti o Waitangi Te Tiriti requires proactive support from the government for rangatiratanga, alongside ensuring equity of outcomes for tangata whenua. During the COVID-19 crisis it has been encouraging to see examples of Tiriti partnership working in practice and strong leadership being exercised by both partners. Where responsibilities overlap, there has been cooperation reinforced by a strong sense of shared purpose to contain COVID-19 and to protect Mäori and all New Zealanders. A positive example is the iwi and hapü-led rähui checkpoints, carried out in a spirit of collaboration with police, councils and civil defence. Positive references to Te Tiriti in key documents are welcome, but it is sometimes unclear how these obligations are being implemented in practice. Honouring Tiriti and human rights commitments is vital to ensure an effective response to COVID-19 and to prevent the erosion of trust and confidence within Crown-Mäori relationships. Ten ‘snapshots’ Each ‘snapshot’ briefly considers a specific issue or population group in Alert Level 4 as it enters Level 3 towards recovery. The short, illustrative subjects are interconnected: • Personal protective equipment • Access to justice • Contact tracing, surveillance and data use • Deprivations of liberty • Racism • Disability: Accessible information and absence of disaggregated data • Family violence • Older people • Women • Employment: Poverty and housing