By the final day of the United Nations review by the Committee on the Elimination of Racial Discrimination (CERD), nearly 20 civil society submitters including Lady Tureiti Moxon had presented evidence that Māori communities are enduring an unprecedented period of accelerating state-driven racism and harm.

This stood in stark contrast to Justice Minister Hon. Paul Goldsmith, who portrayed Aotearoa New Zealand as a fair and well-functioning system.

“We came to Geneva so the Committee could not only hear our concerns but cold feel the urgency of of our complaint by our presence kanohi ki te kanohi. They told us they were grateful we were here and we leave knowing that our complaint was genuinely heard,” Lady Tureiti said.

The three-hour session on day three of the review revealed deep tensions between the Crown’s representation and the realities reported by Māori, whaikaha disabled and migrant communities.

At one point, Mr Kut from Turkey, one of the Rapporteur’s for the State Party (Aotearoa New Zealand) leading the review, took exception to the Justice Minister’s refusal to legislate against hate speech. “I have always had an issue with this argument that hate speech could be countered by more speech, which, to be frank, does not work,” Mr Kut said.

“If there is hate speech on the other side, it becomes a fight, not a peaceful resolution. Hate speech is not the right to offend.” The member drew attention to the power of government to regulate hate speech. “We all know that it's all a matter of political will.”

The Justice Minister briefed CERD on the legitimacy of the government emphasising Aotearoa New Zealand’s “strong human rights framework is a democratically elected government.”

He spoke of media freedom as part of democracy without disclosing recent funding cuts to Māori media that will reduce Māori ability to scrutinise the State, weakening, not strengthening the democratic voice of Māori communities.

The Minister further blamed the decline in Māori childhood vaccination rates on Te Aka Whai Ora, the Māori Health Authority, without presenting any supporting evidence. Lady Tureiti challenged this in a debrief afterwards, noting that the decline predated the Authority and reflected long-term systemic failures compounded by COVID.

“There was a clear misrepresentation in the way the Crown selectively framed their information. I met with the Minister and his officials following the session wth CERD to clarify his misconceptions about Te Aka Whai Ora Māori Health Authority. That claim is totally untrue,” she said.

Lady Tureiti also highlighted that the Crown consistently avoided addressing the real issues from a perspective of racism, instead responding through a narrow policy lens.

While the Minister told CERD the government is committed to Māori health equity through a universal model, Lady Tureiti corrected this with CERD that agencies have been directed not to target Māori inequity.

Equity-focused cancer screening for Māori and Pasifika has been moved away from those most at risk, and the reversal of world-leading smoke-free laws directly harms the population with the highest lung cancer rates in the world.

The Minister described Iwi Māori Partnership Boards as enhancing Māori influence in the health system, without mentioning the Pae Ora Amendment Bill, which seeks to strip IMPBs of their statutory powers to monitor Te Whatu Ora Health New Zealand. Iwi Māori Partnership Boards now advisors to the Hauora Māori Advisory Committee to the Minister.

Lady Tureiti countered, stating, “There is a lack of understanding about the racism that is running rife in Aotearoa, particularly in relation to the policies of this government and the legislative changes they are aggressively pushing through.”

CERD asked for an update on the National Action Plan Against Racism (NAPAR), an initiative introduced during the previous Labour-led government that the Human Rights Commission has publicly said has been watered down.

“It is very unfortunate about NAPAR. Racial discrimination is not being addressed, it is being ignored. If we want the best outcomes for everyone in Aotearoa, there must be a focus on this plan so that everyone is safe from racism,” Lady Tureiti said.

At one point during the session, Country Rapporteur Ms Stavrinaki reminded the Justice Minister and Crown delegation of the purpose of the CERD forum, which has existed for 60 years.

“Here we discuss the rights of Māori. It is not a divisive discussion. It is about being focused and concrete,” she said.

Lady Tureiti expressed her admiration for the Committee’s approach, noting that they treated complaints with seriousness and respect.

“They asked very pointed questions about the treatment of Māori, Pacific whānau, and other ethnic groups in Aotearoa. It was clear they had read everything provided and demonstrated a strong understanding of the meaning of Te Tiriti o Waitangi in Aotearoa today,” she said.

The Minister spoke of progress by the Ministry of Justice through Te Ao Mārama in the District Court. Lady Tureiti clarified with CERD that funding for Te Ao Mārama has been paused and cuts to cultural reports have weakened the courts’ ability to recognise and address systemic racism, at a time when harsher sentencing and military-style boot camps are being expanded.

The Minister highlighted government cultural investments such as Te Matatini. Lady Tureiti responded afterwards that while Te Matatini deserves support, it is being used as symbolic cover for a wider programme that has removed Māori protections in health, justice, social care, education, the environment, and political representation.

She urged CERD to invoke its Early Warning and Urgent Action procedures, require immediate reporting from the Government, undertake a follow-up visit within six months, and halt the programme of discriminatory laws and constitutional overreach.

She told the Committee that the scale and speed of regression currently occurring places the future wellbeing of Māori at immediate risk, and that international oversight is essential.

“The Crown claims to support a Te Tiriti-based system, but its actions and words do not demonstrate any real understanding of, or commitment to, true partnership as intended by Te Tiriti. In fact, it has been completely ignored,” she said.

The report by CERD is expected to be publicly released by 5 December 2025.

Livestream record of the CERD session is here: https://webtv.un.org/en/asset/k1w/k1wmykilz7

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