E/CN.4/2006/78/Add.3
page 2
Summary
The present report is submitted in accordance with Commission on Human Rights
resolution 2005/51 and refers to the official visit paid to New Zealand by the Special Rapporteur
on the situation of human rights and fundamental freedoms of indigenous people from 16 to 26
November 2005, pursuant to the standing invitation of the Government of New Zealand to
United Nations special procedures. He acknowledges the opportunity to engage with high
Government officials, Maori leaders, indigenous and civil society organizations as well as with
representatives of research centres and educational institutions, and expresses his gratitude to the
people and Government of New Zealand for their hospitality and cooperation.
The relations between Maori, the indigenous people of New Zealand, and the
Government are based on the Treaty of Waitangi signed in 1840. As a result of land sales and
breaches of the Treaty by the Crown, Maori lost most of their land, resources, self-governance
and cultural identity. A new approach since 1975 has led to numerous settlements of Maori land
claims and the enactment of new legislation.
Maori, who possess a rich and vibrant cultural tradition, represent around 15 percent of a
total population of about four million. While most of the Maori now live in urban centres, they
maintain a close spiritual link with the land and the sea, especially in the areas where their iwi
(tribes) are based.
The Special Rapporteur is encouraged by the Government’s commitment to reduce the
existing inequalities between Maori and non-Maori and to ensure that the country’s development
is shared by all groups in New Zealand society.
Despite the progress made, Maori are impatient with the pace of redress for breaches of
the Treaty of Waitangi. Of particular concern to them is the Foreshore and Seabed Act, which
extinguishes customary Maori property rights to the coastal areas and provides a statutory
process for the recognition of customary or aboriginal title. The Government is applying various
strategies to reduce the persistent inequalities between Maori and non-Maori regarding several
social indicators such as health, education, housing, employment and income.
The Special Rapporteur concludes his report with a number of recommendations intended
to help the parties concerned to bridge the existing gaps and consolidate the achievements
obtained so far to reduce inequalities and protect Maori rights.