A/HRC/18/35/Add.4
discretion. Also, the new Marine and Coastal Area Act, adopted on 31 March 2011, should
be implemented in line with international standards regarding the rights of indigenous
peoples to their traditional lands and resources.
Additionally, efforts to secure Maori political participation at the national level
should be strengthened, and the State should focus special attention on increasing Maori
participation in local governance. New Zealand should also ensure that consultations with
Maori on matters affecting them are applied consistently and in accordance with relevant
international standards and traditional Maori decision-making procedures.
The Treaty settlement process in New Zealand, despite evident shortcomings, is one
of the most important examples in the world of an effort to address historical and ongoing
grievances of indigenous peoples, and settlements already achieved have provided
significant benefits in several cases. However, steps need to be taken to strengthen this
process. It is necessary to ensure funding for the Waitangi Tribunal so that it can resolve its
pending caseload of historical grievances in an efficient and timely manner.
Furthermore, with respect to Treaty settlement negotiations, the Government should
make every effort to involve all groups that have an interest in the issues under
consideration. Also, the Special Rapporteur encourages the Government to show flexibility
in its positions during settlement negotiations. In consultation with Maori, the Government
should explore and develop means of addressing Maori concerns regarding the Treaty
settlement negotiation process, especially the perceived imbalance of power between Maori
and Government negotiators.
Finally, the Special Rapporteur cannot help but note the extreme disadvantage in the
social and economic conditions of Maori people in comparison to the rest of New Zealand
society. While some positive developments have been achieved since the visit of the former
Special Rapporteur, more remains to be done to achieve the increased social and economic
parity that is necessary for Maori and non-Maori New Zealanders to move forward as true
partners in the future, as contemplated under the Treaty of Waitangi.
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