E/CN.4/2006/78/Add.3 page 7 16. The Special Rapporteur considers that from a human rights perspective, Governments cannot unilaterally extinguish indigenous rights (whether they are referred to as aboriginal or customary title) through any means without the free, prior and informed consent of the concerned indigenous peoples. In the view of the Special Rapporteur, replacing an inherent right with a difficult judicial and administrative procedure leading possibly to the issuing of a “customary rights order,” may amount to less than the full protection of human rights that the Government is duty-bound to comply with. A. Political representation 17. Maori, who are full and equal citizens of New Zealand, have been represented in Parliament since the nineteenth century when four seats were reserved for them. Later, Maori were able to become members of Parliament on the general list as representatives of the various political parties. Currently, Parliament has 21 Maori members of Parliament (about 17.3 per cent of the total seats). In the Mixed Member Proportional (MMP) system, in existence since 1993, there are seven Maori seats, elected only by Maori electors on the Maori roll. Fifty-five per cent of declared Maori voters are currently on the Maori roll. A recent development is the emergence of the Maori Party, which at its first poll in September 2005 won four seats in Parliament. In the current Government there are six ministers of Maori descent. The Special Rapporteur considers that the MMP system, whatever its limitations, has broadened democracy in New Zealand and should continue governing the electoral process in the country to ensure a solid Maori voice in Parliament and guarantee democratic pluralism. 18. Whereas iwi and hapu (tribes and sub-tribes) are acknowledged traditional units of Maori social organization with whom the Government is settling Treaty claims, they have no formally recognized governance powers. In relation to historical Treaty settlements the Government’s policy is to settle with large natural groups that include iwi, hapu and whanau (families). Some Maori political movements have advocated for tino rangatiratanga, that is, a degree of selfdetermination consistent with the Treaty of Waitangi. 19. New forms of Maori governance bodies have emerged from the settlement of claims process through the establishment, among others, of Trust Boards by the Government. A range of bodies currently participate in Treaty of Waitangi settlement negotiations, political decisionmaking and consultation with local and central government, for instance Te Runanga o Ngai Tahu, a governance body established at the request of the Ngai Tahu iwi. They also participate in the successful management of any monies or assets that arise from the settlement of claims. In consultation with Maori, both central Government and the Law Commission are considering options for improving the forms of legal entities available to Maori for governance purposes. 20. Local government includes regional, city and district councils. Little more than five per cent of members elected to local councils are Maori. The Local Electoral Act 2001 opens the possibility of establishing Maori wards or constituencies for electoral purposes, intended to encourage Maori representation at the local level, which is still rather low. The Local Government Act 2002 requires that local authorities must take into account the relationship of Maori and their culture and traditions when making significant decisions and provide opportunities for Maori to contribute to decision-making processes. 21. As other indigenous peoples elsewhere, Maori contend that political rights embrace levels of citizenship, which move beyond individual rights to collective rights. Although they