E/CN.4/2006/78/Add.3
page 20
A return to the assimilationist model appears increasingly in public discourse,
81.
redirecting concern about collective rights and the place of Maori as a people within the
wider society, to emphasis on the protection of the individual rights of all New Zealanders,
including the rights to equal opportunity, due process of law and freedom from illegal
discrimination on any grounds, including ethnicity or race.
82.
These wider constitutional and societal issues need to be debated responsibly and
democratically by all social and political actors concerned because their solution will
determine the kind of society New Zealand will be in the future.
VI. RECOMMENDATIONS
83.
On the basis of the foregoing considerations, the Special Rapporteur makes the
recommendations that follow to both Government and civil society.
A. Recommendations to the Government
Constitutional issues
84.
Building upon continuing debates concerning constitutional issues, a convention
should be convened to design a constitutional reform in order to clearly regulate the
relationship between the Government and the Maori people on the basis of the Treaty of
Waitangi and the internationally recognized right of all peoples to self-determination.
85.
The Treaty of Waitangi should be entrenched constitutionally in a form that
respects the pluralism of New Zealand society, creating positive recognition and
meaningful provision for Maori as a distinct people, possessing an alternative system of
knowledge, philosophy and law.
86.
The MMP electoral system should be constitutionally entrenched to guarantee
adequate representation of Maori in the legislature and at the regional and local
governance levels.
Iwi and hapu should be considered as likely units for strengthening the customary
87.
self-governance of Maori, in conjunction with local and regional councils and the
functional bodies created to manage treaty settlements and other arrangements involving
relations between Maori and the Crown.
88.
The Legal Services Act should be amended to ensure that legal aid is available to
Maori iwi and hapu as bodies of persons so as to afford them access to the protection
mechanisms of human rights, and in order to eliminate discrimination against Maori
collectives.
Human rights and the Waitangi Tribunal.
89.
The Waitangi Tribunal should be granted legally binding and enforceable powers to
adjudicate Treaty matters with the force of law.
90.
The Waitangi Tribunal should be allocated more resources to enable it to carry out
its work more efficiently and complete its inquiries within a foreseeable time frame.