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 Team Behind Trump's Throne

Forget the Putin factor. Daily, the team of charlatans, bigots and stunningly ignorant crackpots that Trump is appointing to head key federal agencies is just as alarming. These are positions with vast power and budgetary discretion over policies that stand to affect tens of millions of vulnerable Americans. Sad! More>>

 

Gordon Campbell: On Bill English, Abroad

If David Cameron was the closest thing John Key had to a political mentor, their successors also share a whole lot in common. Theresa May and Bill English were both propelled into the top jobs as the result of unexpected resignations, and without much in the way of credible competition from their colleagues... More>>

ALSO:

Pike River: Labour Bill To Override Safety Act For Mine Entry

“Bill English has been hiding behind the legal excuse that any attempt to re-enter the mine to recover the bodies might place the mine’s owner, Solid Energy Limited, and its directors in breach of the Health and Safety at Work Act 2015." More>>

ALSO:

Gordon Campbell: On Populism And Labour 2017

For many people on the centre-left, populism is a dirty word, and a shorthand for the politics of bigotry. In this country, it has tended to be equated with the angry legions of New Zealand First. Who knew they were not just a reactionary spasm, but the wave of the future? More>>

Oxfam: 30% Of NZ Owns Less Wealth Than Our Two Richest Men

The research also reveals that the richest one per cent have 20 per cent of the wealth in New Zealand, while 90 per cent of the population owns less than half of the nation’s wealth. The research forms part of a global report released to coincide with this week’s annual meeting of political and business leaders at the World Economic Forum in Davos, Switzerland. More>>

ALSO:

Hospitals: Resident Doctors Set To Strike Again

Despite discussions between the DHBs and NZRDA over safer hours for resident doctors progressing during the last week, the strike planned for next week appears set to proceed. More>>

ALSO:

Not So Super Fund: More Burning Ethical Questions For Steven Joyce

Greens: Radio New Zealand reported this morning that the New Zealand Superfund has $77 million invested in 47 coal companies that the Norwegian Government’s Pension Fund – the largest sovereign fund in the world – has blacklisted. More>>

Activism: Greenpeace Intercepts World’s Biggest Seismic Oil Ship

Greenpeace crew have made contact with the world’s biggest seismic oil ship after travelling 50 nautical miles on two rigid-hulled inflatables off the coast of Wairarapa... Greenpeace radioed the master of the Amazon Warrior to deliver an open letter of protest signed by over 60,000 New Zealanders. More>>

ALSO:

Gordon Campbell: Why Tax Cuts In 2017 Would Be A (Proven) Bad Idea

Ever since the world fell prey to the mullahs of the free market in the 1980s, no amount of real world evidence has managed dispel one key tenet of their economic faith. Namely, the idea that if you cut income taxes and taxes on small business, a wave of individual enterprise and entrepreneurial energy will thus be unleashed, profits will rise and – hey bingo! – the tax cuts will soon be paying for themselves ... More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news