01/05/2023
Nga mihi Wairarapa Moana… same whawhai as Ngāti Ira Wai 558
Anne Carter, Wairarapa Moana Incorporation Committee of Management recently attended the United Nations Permanent Forum on Indigenous Issues in New York. The Permanent Forum is one of three United Nations bodies that is mandated to deal specifically with indigenous peoples’ issues.
In a speech to the United Nations Permanent Forum on Indigenous Issues she told members that Wairarapa Moana had been denied access to justice by the New Zealand Government, and the passing of legislation whilst in the middle of active legal proceedings was an egregious act by the New Zealand Government.
In doing so, the Government:
-Breached Te Tiriti of Waitangi.
-Forced a settlement of the Wairarapa Moana claim, Wai 85, without our free, informed, and prior consent.
-Violated our human right to have our claim and lawful rights heard and properly determined by the New Zealand courts.
-Have repeatedly acted in a way which is inconsistent with the intent and articles of the United Nations Declaration on the Rights of Indigenous Peoples.
In a further written statement to the United Nations Permanent Forum, Ms Carter reminded members that this behaviour mirrors what happened with the Foreshore and Seabed issue, and in that case the United Nations Committee on the Elimination of Racial Discrimination criticised the New Zealand government’s enaction of the Foreshore and Seabed Act 2004.
Professor Claire Charters, Rongomau Taketake at New Zealand Human Rights Commission, in a statement to the United Nations Permanent Forum on Indigenous Issues the following day, called on the United Nations to hold the New Zealand Government to account for breaching Wairarapa Moana’s human rights and rights as indigenous peoples.
“The Commission supports the Wairarapa Moana group represented here at the Permanent Forum.
As they claim, Parliament’s legislative override of their lands, territories and resources, recognised by the independent Waitangi Tribunal and the Supreme Court, is of upmost concern. Such action is abhorrent to the rule of law, fundamental human rights and indigenous peoples’ rights under the Declaration.
Wairarapa Moana will be raising this issue with both the Expert Mechanism, the Special Rapporteur, the Permanent Forum and Human Rights Treaties bodies.
The Commission requests the United Nations to hold New Zealand to account on these breaches of human rights and indigenous peoples rights.”