A/HRC/12/50
accordance with paragraph 15 (b) (A/HRC/WG.6/5/NZL/2); and the summary prepared by
OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/5/NZL/3).
327. At its 16th meeting, on 24 September 2009, the Council considered and adopted the
outcome of the review on New Zealand (see section C below).
328. The outcome of the review on New Zealand comprises the report of the Working
Group on the Universal Periodic Review (A/HRC/12/8), the views of New Zealand
concerning the recommendations and/or conclusions, and its voluntary commitments and
replies presented before the adoption of the outcome by the plenary to questions or issues
that were not sufficiently addressed during the interactive dialogue in the Working Group
(see also A/HRC/12/8/Add.1 and Corr.1).
1.
Views expressed by the State under review on the recommendations and/or
conclusions as well as on its voluntary commitments and on the outcome
329. The delegation recalled that New Zealand strongly supported the introduction of the
universal periodic review, which had lived up to its expectations. It also recalled that New
Zealand’s national report had been the product of an open and consultative process,
involving many groups both inside and outside Government.
330. The delegation indicated that New Zealand had received 64 recommendations, and
had given serious consideration to all of them. A response to all the recommendations had
been lodged with the Council secretariat and published on the Council’s website. Of the 64
recommendations, New Zealand had accepted 33 unreservedly. An additional 12 had been
agreed to with further discussion. A qualified response had been given to 11
recommendations, and only 8 had been rejected.
331. The delegation highlighted some of the significant features of New Zealand’s
responses, indicating that many of the recommendations focused on challenging areas that
the Government itself recognized as requiring further attention. These included the social
disparities between non-Maori and Maori; the status of the Treaty of Waitangi in domestic
legislation; family violence; equality of opportunity; overrepresentation of Maori in the
criminal justice system; and ratification of human rights treaties to which New Zealand was
not party.
332. The delegation explained that Maori were integral to the national identity of New
Zealand and represented about 15 per cent of the population. It acknowledged that there
was a number of areas where improvements were needed, stressing that a wide range of
measures to reduce social inequalities between Maori and non-Maori was under way.
333. Several countries had recommended that New Zealand give its support to the United
Nations Declaration on the Rights of Indigenous Peoples. In May 2009, the delegation had
explained that New Zealand would like to move to support the Declaration, provided that it
could protect its unique and advanced domestic framework for the resolution of issues
related to indigenous rights. The treaty settlement process recognized the interests of Maori
in relation to land and natural resources, and provided redress where these interests had
been abrogated. New Zealand had some of the most extensive consultation mechanisms in
the world and the historical treaty settlements process was an unparalleled system of
redress, accepted by both Maori and non-Maori. The delegation indicated that New
Zealand’s position on the Declaration was still under active consideration by the
Government.
334. New Zealand recognized the concerns raised about the Foreshore and Seabed Act
2004, explaining that an expert and independent ministerial review panel had been
established in March 2009 to review whether the Act effectively recognized and provided
for customary and public interests in the coastal marine area. After an extensive
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