Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Expert paper on TPPA & Treaty of Waitangi

21 January 2016


Expert paper on TPPA & Treaty of Waitangi: government fails to meet obligations to Maori

The third in a series of expert peer reviewed papers on the implications of the Trans-Pacific Partnership Agreement for Aotearoa New Zealand was posted on the tpplegal website today.

The paper was co-authored by Carwyn Jones, a senior lecturer in law from Victoria University, and Andrew Erueti, Associate Professor Claire Charters and Professor Jane Kelsey from the University of Auckland law faculty. The peer reviewer was lawyer Moana Jackson from Ngati Porou and Ngati Kahungunu.

‘Maori have long-standing concerns about law and policy relating to issues such as traditional knowledge, biodiversity and environmental management’, says Carwyn Jones, who wrote that section of the paper. ‘The TPPA will hamper the ability of future governments to develop Treaty of Waitangi-consistent law and policy in these areas.’

‘It is extremely disappointing that the Government would enter into such an agreement without securing effective protection for Maori, which the “Treaty of Waitangi Exception” fails to do.’

‘All New Zealanders ought to be concerned that the TPPA is moving us further and further away from effective recognition of rights guaranteed under the Treaty of Waitangi, putting another obstacle in the way of reconciliation and the resolution of grievances.’



According to University of Auckland law lecturer, Andrew Erueti, recent international human rights developments emphasize the critical importance of states engaging with indigenous communities on any issue that might impact on those communities and resources.

‘The UN Declaration on the Rights of indigenous peoples requires that there be meaningful engagement and where it might be significantly impacted by any proposal, their free, prior and informed agreement.’

‘At the very least, in relation to the TPPA, the government needed to fully engage with Maori and ensure that their views were incorporated into any decision making. That has not happened’, he said.

‘The government appears to believe all it needs to do is insert an inadequate Treaty of Waitangi Exception and that absolves it of having to meet its Treaty obligations. The Crown’s approach is a breach of the Treaty in itself’, according to Professor Jane Kelsey, who is the expert witness for the claimants in the Waitangi Tribunal claim due to be heard under urgency in mid-March, and wrote the legal analysis of the exception for the paper.

The series of expert peer-reviewed papers is supported by a grant from the Law Foundation. Previous papers have examined the Implications for Regulatory Sovereignty (Jane Kelsey) and Investment (Amokura Kawharu), with papers on the Economics of the TPPA and the Environment to be released shortly.


ends

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

SCOOP COVERAGE: CHRISTCHURCH MOSQUES TERROR ATTACK


'Public Safety': Next Firearms Reform Plan Announced

The next Arms Amendment Bill will:

• Establish a register of firearms and licence holders to be rolled out over 5 years
• Tighten the rules to get and keep a firearms licence
• Tighten the rules for gun dealers to get and keep a licence
• Require licences to be renewed every five years
• Introduce a new system of warning flags so Police can intervene and seek improvement if they have concerns about a licence holder’s behaviour
• Prohibit visitors to New Zealand from buying a gun... More>>

 

Ihumātao Development: Protesters Served Eviction Notices

Ihumātao is next to the Ōtuataua Stonefields Historic Reserve in Māngere, home to New Zealand's earliest market gardens and a significant archaeological site on land considered wāhi tapu (sacred) by local hapū and iwi. More>>

Separation: Law Commission Recommends New Law For Dividing Property

The Law Commission recommends a range of changes to make the law fairer for partners dividing property on separation. More>>

ALSO:

'ClimbIt Crisis: Greenpeace Climbers Seek OMV Majestic Centre HQ

The two Greenpeace climbers who are scaling the outside of the tallest building in Wellington have unfurled the first of a series of banners. More>>

ALSO:

Suspect Was Also Kicked: Shots Fired To Warn Fleeing Driver Not Justified

The Independent Police Conduct Authority has found that an officer's decision to fire three warning shots to stop a fleeing driver from reversing towards him was not justified. More>>

ALSO:

Gordon Campbell: On Being Australia's Pacific Go-Fers

Inevitably, there was an aspect of ‘what might have been’ about the weekend’s meeting in Canberra between PM Jacinda Ardern and her Australian counterpart, Scott Morrison... More>>

ALSO:

RNZ: Trades Hall Bombing Case Re-Opened, Evidence Released

The cold case has been reopened and the police have recently revealed more details about the bomb's components - including that it was wrapped in a 1977 edition of The Evening Post. More>>

Safety: Govt Targets Fewer Deaths On The Road

“Most roads deaths and serious injuries are preventable and too many New Zealanders have lost their lives or been seriously injured in crashes that could have been prevented by road safety upgrades,” said Associate Transport Minister Julie Anne Genter. More>>

ALSO:

Pay Rise Delay: Teachers Unions Plan Legal Action Against Novopay

Both of the teachers unions - NZEI and the PPTA - have confirmed they will be taking legal action against Novopay. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels