Power Simon: Ministerial Statements — UN Declaration on the Rights of Indigenous Peoples—Government Support 
Power Simon: Ministerial Statements — UN Declaration on the Rights of Indigenous Peoples—Government Support 
[Volume:662;Page:10229] 
Hon SIMON POWER (Minister of Justice) 
: 
 I wish to make a ministerial statement under Standing Order 347 relating to New Zealand’s endorsement of the Declaration on the Rights of Indigenous Peoples. I seek leave for members to be allowed a slight and reasonable extension on their contributions beyond the 5 minutes envisaged in the Standing Orders if so required. 
Mr SPEAKER 
: Is there any objection to that course being followed? There is no objection. 
Hon SIMON POWER 
: This morning at 4.45 New Zealand time 12.45 p.m. New York time the Minister of Maori Affairs the Hon Dr Pita Sharples appeared before the United Nations Permanent Forum on Indigenous Issues and announced New Zealand’s support for the Declaration on the Rights of Indigenous Peoples as follows. 
“Hei te tini hei te mano e rau rangatira ma tena koutou tena koutou tena koutou katoa.” 
[ 
To the very many the indefinitely large number and to the leaders of a hundredfold greetings greetings and greetings to you all 
.]  
“In September 2007 at the United Nations 143 countries voted in favour of the Declaration on the Rights of Indigenous Peoples. New Zealand was one of four countries that voted against the Declaration. 
Today New Zealand changes its position: we are pleased to express our support for the Declaration. 
In keeping with our strong commitment to human rights and indigenous rights in particular New Zealand now adds its support to the Declaration both as an affirmation of fundamental rights and in its expression of new and widely supported aspirations. 
Maori hold a distinct and special status as the indigenous people or tangata whenua of New Zealand. Indigenous rights and indigenous culture are of profound importance to New Zealand and fundamental to our identity as a nation. A unique feature of our constitutional arrangements is the Treaty of Waitangi signed by representatives of the Crown and Maori in 1840. It is a founding document of New Zealand and marks the beginning of our rich cultural heritage. The Treaty establishes a foundation of partnership mutual respect co-operation and good faith between Maori and the Crown. It holds great importance in our laws constitutional arrangements and the work of successive governments. 
The Declaration contains principles that are consistent with the duties and principles inherent in the Treaty such as operating in the spirit of partnership and mutual respect. We affirm this objective and affirm the Government’s commitment to build and maintain constructive relationships with Maori to achieve better results for Maori which will benefit New Zealand as a whole. 
The Declaration is an historic achievement: the result of many years of discussions—22 years in fact—and of hard work and perseverance by many people. I acknowledge the long involvement of Maori in the elaboration of the Declaration and the extent of their investment in its development. 
The Declaration acknowledges the distinctive and important status of indigenous peoples their common historical experiences and the universal spirit that underpins its text. The Declaration is an affirmation of accepted international human rights and also expresses new and non-binding aspirations. 
In moving to support the Declaration New Zealand both affirms those rights and reaffirms the legal and constitutional frameworks that underpin New Zealand’s legal system. Those existing frameworks while they will continue to evolve in accordance with New Zealand’s domestic circumstances define the bounds of New Zealand’s engagement with the aspirational elements of the Declaration. 
In particular where the Declaration sets out aspirations for rights to and restitution of traditionally held land and resources New Zealand has through its well-established processes for resolving Treaty claims developed its own distinct approach. 
That approach respects the important relationship that Maori as tangata whenua have with their lands and resources both currently and historically and the complementary principles of rangatiratanga and kaitiakitanga that underpin that relationship. It also maintains and will continue to maintain the existing legal regimes for the ownership and management of land and natural resources. 
New Zealand acknowledges and understands the historic injustices suffered by Maori in relation to their land and resources and is committed to addressing these through the established Treaty settlement process. Many Maori groups have already benefited from the transfer of considerable land forest and fishery assets through negotiated Treaty settlements; many more are in the process of negotiations with the Government towards settling their claims. These settlements contribute to the re-establishment of an economic base as a platform for future development. Redress offered in Treaty settlements is however constrained by the need to be fair to everyone and by what the country as a whole can afford to pay. 
Further where the Declaration sets out principles for indigenous involvement in decision-making New Zealand has developed and will continue to rely upon its own distinct processes and institutions that afford opportunities to Maori for such involvement. These range from broad guarantees of participation and consultation to particular instances in which a requirement of consent is appropriate. 
In those processes and institutions we acknowledge that our ongoing national dialogue is grounded in the Treaty of Waitangi. We further recognise that Maori have an interest in all policy and legislative matters and acknowledge the determination of Maori that custom worldviews and cultural heritage should be reflected in the laws and policies of New Zealand. Maori have been and continue to be active in developing innovative responses to issues with a strong indigenous perspective and engaging with successive governments on possible paths forward. 
We will continue that conversation within the relationship that the Treaty and New Zealand’s constitution as a whole afford. Further we will continue to work in international fora to promote the human rights of indigenous peoples. New Zealand acknowledges the ongoing process of dialogue and debate over the meanings that may be given to the aspirations put forward by the Declaration. 
New Zealand’s support for the Declaration represents an opportunity to acknowledge and restate the special cultural and historical position of Maori as the original inhabitants—the tangata whenua—of New Zealand. It reflects our continuing endeavours to work together to find solutions and underlines the importance of the relationship between Maori and the Crown under the Treaty of Waitangi. Its affirmation of longstanding rights supports and safeguards that ongoing relationship and its proclamation of new aspirations give us all encouragement and inspiration for the future. No reira tena koutou tena koutou tena koutou katoa.”