E/CN.4/2006/78/Add.3
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effect of this has been to reduce the disparity in outcomes between the Maori and non-Maori
populations, indicators of well-being for Maori are still relatively poor in a number of areas, and
in particular health, paid work and economic standard of living.
IV. CONCLUSIONS
76.
On the basis of his conversations and observations the Special Rapporteur has
reached the conclusions outlined below.
77.
During the last three decades or so, ethnic relations in New Zealand changed from
an assimilationist model (that undermined Maori cultural identity and governance
structures) to a new bicultural approach based on the Treaty of Waitangi principles and
the partnership between Maori and the Crown. The increasing assertiveness of Maori in
demanding their long-denied rights and their claims for redress of past injustices led to
inquiries and recommendations by the Waitangi Tribunal, negotiations leading to Treaty
Settlements and the enactment of laws by Parliament when such settlements were finalized
to the mutual satisfaction of the Government and Maori, with the sympathy and support of
the majority of New Zealand society. Yet the legacy of the first 150 years of New Zealand
was difficult to overcome, and many inequities continued to plague the relationships
between Maori and Pakeha.
78.
The inherent rights of Maori were not constitutionally recognized, nor were their
own traditional governance bodies, which allowed Parliament to enact legislation by simple
majority that modified this relationship according to the circumstances, a condition that
the minority representation of Maori in the political process was unable to reform. Maori
have the perception that all along they have been junior partners in this relationship.
79.
Nothing illustrates this situation better than the complex land rights issue. Having
been dispossessed of most of their lands and resources by the Crown for the benefit of
Pakeha, Maori had to accept sporadic and insufficient redress, only to be faced with
accusations that they were receiving undue privileges, which left in their wake resentments
on both sides about perceived social and racial tensions. The latent crisis broke over the
controversy concerning the Foreshore and Seabed Act 2004, whereby the Crown
extinguished all Maori extant rights to the foreshore and seabed in the name of the public
interest and at the same time opened the possibility for the recognition by the Government
of customary use and practices through complicated and restrictive judicial and
administrative procedures.
80.
Despite social programmes, disparities continue to exist between Maori and nonMaori with regard to employment, income, health, housing, education, as well as in the
criminal justice system. Although Maori collectives (iwi, hapu, whanau) are increasingly
involved in the strategies designed to reduce these inequalities, as well as in those designed
to promote economic development and Maori success in business, actual self-governance
mechanisms based on the recognition of the right of indigenous peoples to selfdetermination have not yet been devised. There appears to be a need for the continuation
of specific measures based on ethnicity in order to strengthen the social, economic and
cultural rights of Maori as is consistent with the International Convention on the
Elimination of All Forms of Racial Discrimination.