A/HRC/18/35/Add.4
I.
Introduction
1.
The present report examines the situation of Maori people in New Zealand on the
basis of information received during the visit of the Special Rapporteur on the rights of
indigenous peoples to the country from 18 to 23 July 2010 and independent research. The
visit was carried out in follow-up to the 2005 visit of the previous Special Rapporteur,
Rodolfo Stavenhagen. It should be noted that the Special Rapporteur does not purport to
address in the present report all issues related to Maori people in New Zealand, or even all
of the issues covered by the previous Special Rapporteur in his 2006 report
(E/CN.4/2006/78/Add.3). The principal focus of the report is an examination of the process
for settling historical and contemporary claims based on the Treaty of Waitangi, although
other key issues that were raised by both Maori and Government representatives are also
addressed.
2.
During his visit, the Special Rapporteur travelled to Auckland, Wellington, Waitangi,
Hamilton and Whanganui, and met with the Prime Minister, the Minister of Maori Affairs,
and the Minister of Justice, the Minister of Corrections and the Minister of Treaty of Waitangi
Negotiations, as well as with members of Parliament, the Waitangi Tribunal, the Maori Land
Court, and the Human Rights Commission. Additionally, the Special Rapporteur spoke with
representatives of Maori groups, including Whanganui, Ngai Tuhoe, Tainui and Nga Puhi.
Finally, the Special Rapporteur met with members of the Maori Party, the Iwi Chairs Forum
and the Maori Economic Taskforce, and with King Tuheitia, about issues affecting Maori
people across New Zealand. The Special Rapporteur would like to express his appreciation to
the Government for its support and to the indigenous individuals and organizations for their
indispensible assistance in the planning and coordination of the visit.
3.
Many of the concerns raised by the former Special Rapporteur have been the subject
of concerted efforts by the Government, which are discussed throughout the present report.
The Special Rapporteur makes particular note of the expression of support by New Zealand
of the United Nations Declaration on the Rights of Indigenous Peoples during the annual
session of the Permanent Forum on Indigenous Issues in April 2010. Reversing New
Zealand’s earlier position on the Declaration, the country’s Minister of Maori Affairs issued
a public statement pledging Government support for the Declaration, which it cited as “both
an affirmation of fundamental rights and an expression of new and widely supported
aspirations” (see www.un.org/News/Press/docs/2010/hr5012.doc.htm). In the statement, the
Minister also acknowledged that Maori held a distinct and special status as the indigenous
people of New Zealand and affirmed that the Treaty of Waitangi establishes a foundation of
partnership, mutual respect, cooperation and good faith between Maori and the
Government.
II.
Maori people
4.
Maori are the original inhabitants of New Zealand (Aotearoa). They are believed to
have arrived on the islands as early as A.D. 800, with a large mass arrival from East
Polynesia in around 1300. The Maori population dropped significantly in the years
following colonization, and by 1901, it had fallen to 45,000. Today, Maori comprise
approximately 15 per cent (575,000) of New Zealand’s population of 4.25 million. Nearly
one quarter of the Maori population lives in the greater Auckland area. The smallest unit of
Maori social organization is the extended family or whanau, and several whanau make up a
clan or hapu, and several hapu make up a tribe, or iwi.
5.
Maori tradition encompasses the concept of turangawaewae (“a place to stand”),
which indicates a close connection between land, tribal and personal identity. Traditionally,
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