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
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