3 New Zealand

Abstract

This chapter focuses on indigenous peoples, but will also seek to address the other significant minorities in contemporary New Zealand. The chapter proceeds as follows. Section 3.1 articulates the relevant history in order to understand the contemporary issues facing protection of indigenous and minority rights in the state. Section 3.2 identifies the groups that come within the purview of the definition of ‘minority and indigenous peoples’ and the range of needs these communities face. Section 3.3 portrays the range of ‘rights’ that currently exist in New Zealand law, drawing from the Constitution, special regimes as created through statutes, interpretation of case-law, and crucially the Treaty of Waitangi and its interpretation by the statutory body, the Waitangi Tribunal. Section 3.4 concentrates on the remedies available in New Zealand to tackle violations of the rights of indigenous peoples and minorities. It assesses the institutional framework for rights, and reassesses the remedies needed to arrive at a regime respectful of the rights of minorities and indigenous peoples. The concluding section offers a brief comment on the future protection of indigenous peoples and minorities in New Zealand.