Discussion Document

The Human Rights Commission established a small working group in 2002, headed by Sir Paul Reeves, to provide advice on the issues to be considered and the areas to be explored in order to develop a better understanding of the human rights dimensions of the Treaty of Waitangi. A very wide range of people were involved and consulted in this process.

As a result of their deliberations a discussion document was developed. The paper acknowledges the wide range of views that exist amongst Maori, amongst other New Zealanders, amongst scholars, journalists and other commentators about:

  • the reasons for the signing of the Treaty
  • what it meant to those who signed it
  • what they intended by it
  • the many issues about its significance in New Zealand today
  • its appropriate status in our legal and constitutional arrangements

The specific focus of this paper remains however on the single question of the relationship of the Treaty of Waitangi to domestic and international human rights law.

It identifies those Treaty rights that are equally integral to international and domestic human rights law and that would apply to Maori as to other New Zealanders even without the existence of the Treaty.

It draws on the experiences of other states and indigenous peoples to explore the significance of tino rangatiratanga, the right to self determination.

The document concludes with the recognition that the development of a robust human rights culture in New Zealand, which is essential to harmonious relations between individuals and diverse groups, requires consideration of the place of the Treaty of Waitangi not only in our past, but in the present and the future.

The discussion document offers no pat answers but rather a base of information from which people can draw. And which we hope will assist widespread debate and dialogue about human rights and the Treaty of Waitangi.

You can access the discussion document in English and Maori as follows:

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