17 Mar 2005

The United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD) released their decision on the Foreshore and Seabed Act on the 11 of March 2005: Click to see Decision

This decision finds the NZ government in breach of its international law obligations. This finding will be reported to the United Nations. Te Runanga o Ngai Tahu and the Treaty Tribes Coalition consider this report as an historical occassion and vindication of the position of all whanau, hapu and iwi that have consistently argued that the Governments reponse to Ngati Apa was hasty, unnecessary and discriminatory.

The CERD report comes at the same time that information is released on a plan to mine the North Island westcoast for minerals. The NZ Government is currently looking at an application to mine over 3000 square kilometres of seabed, which could shut out customary rights holders from any say or any share.

CERD's main finding was that the legislation contains discriminatory aspects against Maori, in particular in its extinguishment of the possibility of establishing Maori customary title over the foreshore and seabed and its failure to provide a guaranteed right of redress.

The decision also stated that CERD:

• Was concerned at the apparent haste with which the legislation was enacted and that insufficient consideration may have been given to alternative responses to the Ngati Apa decision which might have accomodated Maori rights within a framework more acceptable to both Maori and all other New Zealanders
• Noted that the scale of opposition to the legislation amongst Maori, the group most directly affected by it, and that the processes of consultation did not appreciably narrow the differences between the various parties on this issue
• Urged the Government, in the spirit of goodwill and in accordance with the ideals of the Treaty of Waitangi, to resume a dialogue with Maori with regard to the legislation in order to seek ways of lessening its discriminatory effects, including where necessary through legislative amendment
• Requested the Government to monitor closly the implementation of tthe Foreshore and Seabed Act, its impact on the Maori population and the developing state of race relations in New ZEaland and to take steps to minimise any negative effects, especially by way of a flexible application of the legislation and by broadening the scope of redress available to Maori.

CERD has also requested that the NZ government includes full information on the state of implementation of the Foreshopre and Seabed Act in their periodic report to CERD by the end of 2005.