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

Gordon Campbell: On The Fallout From The Barclay Tape

This is hardly a case of cleaning out your desk and being turfed out onto the pavement.

As others have pointed out, the disgraced Clutha-Southland MP will remain on the public payroll for three months until the election, and for three months afterwards. More>>

 

Ombudsman: Canterbury Schools Reorganisation Mishandled

An investigation into the Canterbury schools reorganisation after the February 2011 earthquakes has found significant gaps and flaws in the Ministry’s engagement and communications with schools and communities. More>>

ALSO:

Law Commission: Contempt Report "Protects Right To Fair Trial"

The proposed Act limits what news media representatives and bloggers can report on court proceedings, but it also makes clearer than the current law where the line is between contempt and freedom of expression. More>>

ALSO:

Gordon Campbell: On Our Refugee Intake (And Uber’s Woes)

On figures released this week, there are currently 65.6 million people worldwide who have been displaced from their homes by war, famine or other external causes… More>>

ALSO:

IGIS Report: GCSB Support For Groser WTO Bid Not Illegal

“The inquiry has found that the GCSB did not act unlawfully or improperly in providing assistance to the New Zealand government campaign”, Ms Gwyn said. More>>

ALSO:

PM's Press Conference: Pike And Houses

There were questions on Pike River mine re-entry after new video from inside the drift was released over the weekend. English maintained a human effort would not be feasible irrespective of any future coalition demands from NZ First. He said the government would continue to work with families on non-manned re-entry. More>>

ALSO:

Flogging A Dead Horse: NZ First Seeks New s59 Referendum

10 years on from the so called “anti-smacking” law - NZ First calls for a binding referendum. NZ First MP Tracey Martin told TVNZ’s Q+A programme that the law change has had a “chilling effect” on NZ parents including herself. More>>

ALSO:

Always Interesting: Internet Party Has New Leader

The Internet Party has a new leader: Suzie Dawson... She currently resides in Moscow, Russia, where she has applied for temporary asylum due to severe persecution she reports being subjected to by those whose corruption she worked to expose.More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election
 
 
 
  • PublicAddress
  • Pundit
  • Kiwiblog