Waitangi Tribunal, In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (Wai 2417, 2015) Doc A10 Dr Claire Charters Brief of Evidence, at [9]. 24 25 Waitangi Tribunal, Ko Aotearoa Tenei – Vol 1, (Wai 262, 2011) at 233. Waitangi Tribunal, In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (Wai 2417, 2015) at 38. 26 Ngāti Whātua Ōrākei Trust v Attorney-General [2018] NZSC 84, Wakatu v Attorney-General [2017] NZSC 17, New Zealand Māori Council v Attorney-General [2013] NZSC 6 at [92]; see also Paki v Attorney-General (No 2) [2014] NZSC 118; Takamore v Clarke [2012] NZSC 116. 27 28 The Declaration, Article 1. 29 Ibid, Article 11. 30 Ibid, Article 26. 31 Ibid, Article 25. 32 Ibid, Article 28. 33 Ibid, Article 19. 34 New Zealand Māori Council v Attorney-General [2013] NZSC 6. Waitangi Tribunal, In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim (Wai 2417, 2015) at [2.5.4(3)]. 35 36 Waitangi Tribunal, He Kura Whenua ka Rokohanga: Report on Claims about the Reform of Te Ture Whenua Māori Act 1993, (Wai 2478, 2016) at 236; Waitangi Tribunal, Ko Aotearoa Tēnei: Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity (Wai 262, 2011), at 237; Waitangi Tribunal, Tū Mai te Rangi! Report on the Crown and Disproportionate Reoffending Rates (Wai 2540, 2017). 37 The Declaration, Article 26. 38 Ibid, Article 32. Ibid, Article 25, see also Claire Charters, “Indigenous Peoples’ Rights to Lands, Territories and Resources in the United Nations Declaration on the Rights of Indigenous Peoples” in J. Hohmann, M. Weller (eds) The UN Declaration on the Rights of Indigenous Peoples: A Commentary (Oxford University Press, Oxford, 2018) at 25. 39 40 Things of importance to Māori including language, culture, land, natural resources. 41 The Declaration, Article 28. 42 Committee on the Elimination of Racial Discrimination, General Recommendation 23 Rights of indigenous peoples, 55th Session, UN Doc A/52/18, (22 August 1997) at [5]. 43 Expert Mechanism on the Rights of Indigenous Peoples, Free, prior and informed consent: a human rightsbased approach – Study of the Expert Mechanism on the Rights of Indigenous Peoples, UN Doc A/HRC/39/62, (10 August 2018) Annex at [20] – [21]. 44 EMRIP, (2019), Efforts to implement the United Nations Declaration on the Rights of Indigenous Peoples: recognition, reparation and reconciliation, A/HRC/EMRIP/2019/3, at para 40. Accessible at: https://www.undocs.org/a/hrc/emrip/2019/3. Claire Charters “The Rights of Indigenous Peoples under International Law and their Domestic Relevance in Aotearoa New Zealand” in M Bedggood, K Gledhill and I McIntosh (eds) International Human Rights Law in Aotearoa New Zealand (Thomson Reuters, Wellington, 2017) at 809 - Associate Professor Claire Charters states that in some cases, maintenance and strengthening of indigenous peoples’ spiritual relationship may require Indigenous peoples to access and/or possess the lands in question irrespective of whether they possess or own those lands presently. However, notes any claim would be subject to balancing with competing rights to the land under art 46 which provides for justified limitations on the rights in the UNDRIP. 45 46 United Nations Economic and Social Council, Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Addendum Mission to New Zealand, UN Doc E/CN.4/2006/78/Add.3, (13 March 2006) at [22] – [42]. 26