Power Simon: Debate on Crown Entities Public Organisations and State Enterprises — In Committee 
Power Simon: Debate on Crown Entities Public Organisations and State Enterprises — In Committee 
[Volume:654;Page:3772] 
Hon SIMON POWER (Minister of Justice) 
: 
 I join the Green Party member in congratulating the Human Rights Commission on its work under the leadership of Rosslyn Noonan. Engagement has been welcomed from the new Government and we have met on a number of occasions on a range of issues that the commission has wished to bring to the attention of the new Government. 
In response to some of the matters that the member has raised but particularly as Minister of Justice with some responsibility in this area I want to briefly take this opportunity to advise the Committee of some matters that the Government has been working on in this area. Protecting human rights in New Zealand is a daily weekly and monthly process gradually changing opinions and eroding older barriers and quietly building away in the background. Under all Governments both present and past—and I hope future—New Zealand has always taken its human rights commitments seriously. As a country we have been involved with the UN since its inception and are party to most major international human rights instruments. The Human Rights Commission plays an important role as I said earlier in advising the Government on human rights issues and advising the Government on issues both domestic in nature and of course on the international stage. 
On 7 May this year I was fortunate to present New Zealand’s first Universal Periodic Review report to the United Nations Human Rights Council in Geneva. This was the first time that New Zealand had participated in this review. Civil engagement was a vital element in the development of New Zealand’s Universal Periodic Review report. The commission itself took a leadership role in the run-up to the presentation of the report leading three round-table discussions in Auckland Wellington and Christchurch. Ms Noonan was present in Geneva for the presentation of the Universal Periodic Review report for the New Zealand Government and the Government is appreciative of the commission’s input into that process. 
New Zealand’s participation in the review mechanism represents part of our continuing dedication to human rights not just in New Zealand but across the globe. The process that was entered into was a very interesting one. It works something like this. The country that is currently undergoing an examination of its human rights record makes a presentation effectively choosing the length of time it wishes to present for but for the course of the entire presentation which is some 3 hours in scope or which has the potential to be some 3 hours in scope it is allowed to contribute for only 1 hour in total. There is literally a clock running down behind the presentation as it is delivered. 
On behalf of the New Zealand Government I chose in consultation with different organisations to make a presentation that lasted roughly 15 to 20 minutes. Before the process commences member States queue up to ask specific questions make specific recommendations or point out specific shortfalls in the presenting country’s report. In this case it meant that in representing New Zealand we had to respond to 38 I think it was member States’ questions and recommendations during part of this process. If you like it was a little bit like an international question time. We were not quite sure what was coming from some countries and others had already submitted their questions prior to the process beginning. We were fortunate that the mission I believe that is the right phrase in Geneva that represents New Zealand was there to assist me with this process and we had some Ministry of Justice officials there who had particular specialist areas. There were people from the Crown Law Office and from the Department of Corrections. That meant that we had access to immediate knowledge to answer questions from member States. 
We took an approach that was pretty straightforward in that we acknowledged some of the things that the country over time had done well. To be fair to the previous Minister for Disability Issues the Hon Ruth Dyson this was one of the areas where we had made considerable progress and were given considerable kudos by the fact that the Hon Ruth Dyson and Don McKay in that case had worked so hard towards achieving those particular goals. 
Questions were asked about some of the protocols declarations and optional protocols where New Zealand had not signed up or become party to some of those instruments and I in my capacity as representing the report was able to put the case for why it was that some of those instruments had been ratified or adopted in a slower more considered way. Part of that stems from the fact that over a long period of time New Zealand has taken the view that it will only ratify or sign up to these instruments where our domestic legislation meets the grade. In other words we view the reservation process as one that should be entered into only in the most extreme or difficult of circumstances and that by and large signing up to one of these instruments should be done in a full way. 
I guess I am signalling to the Committee today that the best way we view and I think the last Government viewed this process is to make sure that all our domestic policy and legislation is in a row prior to signing up rather than the other way around and to take reservations on each of those instruments on the way through. I think that that is a sensible and serious way to engage with the process and shows a fair amount of integrity from successive Governments as to the way they have approached this particular process. 
Speaking to the matters raised by the member from the Green Party Keith Locke about the Durban Review Conference I tell the Committee that New Zealand did not attend that conference in April 2009 as Keith Locke pointed out. It became apparent in the days leading up to the review conference that some consensus was lacking around the matter of whether the conference itself would be productive. However New Zealand is a strong supporter of the international Convention on the Elimination of All Forms of Racial Discrimination and remains firmly committed to combating all forms of racism racial discrimination xenophobia and related intolerance. One of the issues raised by way of statement from some member States was the issue of a declaration on the rights of indigenous peoples. Members are welcome to look at the report to see how that matter was addressed by the Government in that case. 
Balancing the human rights of New Zealanders against legislative domestic processes—that is making the comparison on an international stage with what is occurring domestically—can be difficult and can be contentious. But one of the things we must realise is that New Zealand historically has had a leading role in this area and should continue to have that in a way that signals we are prepared to lead in this field. But I emphasise this final point: it is no use being a party to some of these instruments unless we are prepared to do what is necessary domestically which is why as I said earlier we have always had a history of having minimal reservations to instruments to which we have become a party. I think that that in itself is a method of engaging in this process that shows a high degree of integrity. There are challenges we still have in this fora as the member who took the first call will understand but I assure him that I take these issues seriously and that we are working as best we can towards those particular goals. 
One of the things I think was essential for New Zealand to do in its first Universal Periodic Review report was to be honest about some of its shortcomings and I believe that the report we submitted was an extremely honest and transparent report. As I said this is an area in which I have taken some considerable interest. Historically it has been an area farmed off to an Associate Minister of Justice; I was determined to keep this matter under my own warrant and I have enjoyed the work immensely. 
Report noted.