Mahuta Nanaia: Ministerial Statements — UN Declaration on the Rights of Indigenous Peoples—Government Support 
Mahuta Nanaia: Ministerial Statements — UN Declaration on the Rights of Indigenous Peoples—Government Support 
[Volume:662;Page:10231] 
Hon NANAIA MAHUTA (Labour—Hauraki-Waikato) 
: 
 E nga mana e nga reo e nga karangatanga maha tena koutou. Nga mema o tenei Whare tenei te mihi atu ki a koutou. On behalf of the Labour Party I rise to speak to the decision of the National-led Government to ratify the Declaration on the Rights of Indigenous Peoples and to recognise the symbolism of this gesture amongst indigenous peoples—in particular the tangata whenua here in Aotearoa New Zealand. History has shown that Maori as tangata whenua have continued to assert and uphold their identity rights and interests against a varied historical background. Much of that determination has been against a backdrop of conflict sheer grit misunderstanding and tenacity. With the passage of time and with political effort—and engagement with hapu iwi and Maori—New Zealand has evolved as a nation and has a record that is second to none in the forum of indigenous rights. Yes indeed the Treaty of Waitangi is the founding document of our nation. 
The fourth Labour Government established the Waitangi Tribunal with the specific intention of ensuring that a domestic process for resolving historical grievances could commence. The Treaty settlement process emanated from that first step and we continue to support the process of direct negotiation as a means of rectifying past wrongs and moving forward together. It was with regret that in 2007 the Labour Government was unable to sign the declaration. We believed that it deserved to receive more than a lip-service approach. In particular there were inconsistencies between the text and New Zealand’s constitutional and legal framework that would be difficult to overturn while retaining the fabric of what our society is working towards. We believed then as we do now that upon signing such a declaration there has to be a genuine attempt to implement the articles that build the spirit rights and interests of indigenous peoples. Many of the 143 countries that originally signed the declaration had no intention of implementing it. In Labour we are proud to say what we mean and to do what we say. 
This document is not a time for window dressing empty promises or hollow gains. If the National Government is serious about this declaration and about realising its aspirations then why has it been signed under a veil of secrecy? More important—[ 
Interruption 
] 
Mr SPEAKER 
: The member must be heard. 
Hon NANAIA MAHUTA 
: More important why have New Zealanders been prevented from participating in a debate on an issue that has a profound impact on the future that we see for this country? Why is the Prime Minister not making this announcement in the House? The Government has taken care to recognise that this document is aspirational and non-binding an approach that should weigh heavily on the efforts of those people who wanted the declaration to be a strong platform for the continued assertion of indigenous rights. 
Labour continues to hold reservations about articles in the declaration that appear to be inconsistent with domestic solutions that recognise New Zealand’s unique history and legal and constitutional— 
Mr SPEAKER 
: I apologise for interrupting the honourable member. When members interject in response to something that a member is saying I have no problem with that. But when interjections are being carried out across the back of the House that have nothing to do with what the member is saying that is totally unacceptable. I ask members on both sides of the House to desist from that. 
Hon NANAIA MAHUTA 
: We continue to hold reservations about articles that appear to be inconsistent with domestic solutions that recognise New Zealand’s unique history and legal and constitutional structures. Those are articles 19 and 32 which imply a power of veto over the State. In addition to this the Government has given no indication as to whether it has reconsidered the nature of property rights as implied by articles 26 and 28. 
We put these matters on the table simply to draw the attention of the House to the aspects that have in broad forms robust debate in our communities and for which the Government should be accountable. At least one Government MP is promoting tupuna title; it may be a closer reality now that the declaration has been signed. The Government should be upfront and respond on that matter so that everyone can see the kind of aspirational non-binding symbolism that has been recognised today. In recognising this and other matters concerning the declaration Labour will continue to advocate in a real and meaningful way for the rights and interests of tangata whenua today and tomorrow. Maori know too well that our most durable solutions can be achieved at a domestic level here in Aotearoa New Zealand. No reira tena koutou tena koutou tena koutou katoa.