A/HRC/18/35/Add.4 independent and impartial commission or tribunal that would be available to review Treaty settlements. 76. The Special Rapporteur notes with concern the Government’s position not to return to Ngati Tuhoe their traditional lands within the Te Urewera National Park. He urges the Government to reconsider this position in the light of the merits of the Tuhoe claim and considerations of restorative justice, and to not rule out the possibility of return of these lands to Tuhoe in the future even if it is not included in a near-term settlement. B. Domestic legal security for Maori rights 77. The principles enshrined in the Treaty of Waitangi and related internationally protected human rights should be provided security within the domestic legal system of New Zealand so that these rights are not vulnerable to political discretion. At a minimum, the development of safeguards similar to those under the Bill of Rights Act would be important in the context of the Treaty of Waitangi. The Special Rapporteur encourages the Government to open up discussions with Maori as soon as possible regarding the constitutional review process. 78. The Special Rapporteur is pleased to hear of recent legislative developments aimed at addressing the concerns raised by Maori regarding the Foreshore and Seabed Act of 2004. The Marine and Coastal Area Act represents a notable effort to reverse some of the principal areas of concern of the Foreshore and Seabed Act. 79. The Government should ensure that the provisions of the Marine and Coastal Area Act, in particular those on customary rights, natural resource management, protection of cultural objects and practices, and access to judicial or other remedies for any actions that affect their customary rights, are implemented in a way that is consistent with the principles of the Treaty of Waitangi and international standards. C. Maori development 80. The Special Rapporteur applauds the availability of Maori language instruction and acknowledges the continued support and resources made available by the Ministry of Education for this effort. The Special Rapporteur urges the Government to work to overcome the shortage of teachers fluent in the Maori language and to continue to develop Maori language programmes. 81. New Zealand should continue to support Maori Television, and ensure that it does not become dependent on unpredictable advertising revenue, which could have negative impacts on its ability to continue to provide essential programming. 82. Available health statistics raise serious concerns that Maori are not receiving the standard of health services received by other groups in New Zealand. The Special Rapporteur encourages the Government to continue work with whanau, iwi and Maori leaders to assess the causes of the discrepancy in health conditions and identify possible culturally appropriate solutions. 83. In consultation with Maori leaders, the Government should redouble efforts to address the problem of high rates of incarceration among Maori. Specific attention should be given to the disproportionate negative impacts on Maori of any criminal justice initiatives that extend incarceration periods, reduce opportunities for probation or parole, use social status as an aggravating factor in sentencing, or otherwise increase the likelihood of incarceration. 21