University of Minnesota

Conclusions and recommendations of the Committee on the Elimination of
Racial Discrimination, New Zealand, U.N. Doc. A/50/18, paras. 399-459 (1995).



Forty-seventh session


Concluding observations of the Committee on the
Elimination of Racial Discrimination

New Zealand

399. The Committee considered the tenth and eleventh periodic reports of New Zealand, submitted in a single document (CERD/C/239/Add.3 and HRI/CORE/1/Add.33) at its 1106th and 1107th meetings, held on 3 and 4 August 1995 (see CERD/C/SR.1106 and 1107).

400. The representative of the State party made an introductory statement highlighting the main points contained in the reports. Major legislative changes mentioned included the adoption of the New Zealand Bill of Rights Act 1990, the Treaty of Waitangi (Fisheries Settlement) Act 1992, the Te Ture Whenua Maori (Maori Land) Act 1993, the Human Rights Act 1993 and the Electoral Act 1993. Other developments included the restructuring of Maori affairs administration, through the establishment of the Ministry of Maori Development, Te Puni Kokiri, in 1991. The representative explained that the focus of that Ministry was to develop an environment of opportunity and choice for the Maori by improving Maori performance in areas of education, employment, business development and health. The initiatives taken to strengthen the Ministry of Pacific and Island Affairs and to establish the Ethnic Affairs Service within the Ministry of Internal Affairs were also mentioned. In addition, the representative informed the Committee of the revision of New Zealand's immigration and refugee policy which allowed entry to New Zealand of migrants from non-traditional sources.

401. As regards the developments which had taken place since the preparation of the reports, the representative stated that a key area of government attention continued to be the promotion of the settlement of historical Maori grievances and claims under the Treaty of Waitangi. This had led to the appointment of a Minister of Treaty of Waitangi Negotiations and the setting up of an Office of Treaty Settlements. The main responsibilities of that Office were outlined. Basically, they were concerned with the development of policies for the Crown with regard to the settlement of Treaty claims and assisting the Minister in negotiating and implementing the settlement of those claims. Additionally, the representative informed the Committee about the Government's proposed policies to settle Treaty of Waitangi-based land claims through the allocation of $NZ 1 billion which has become known as the "Settlement Envelope" or "Fiscal Envelope". It was explained that while claimants do not have to agree to the specific amount contained in that "Envelope", as a precondition for negotiation, the setting of an amount would be beneficial for the assessment of the fairness of claimants' settlements. The representative stated that the process of consultation with Maori had revealed a widespread concern about the proposals in their current form.

402. Further information on the settlement of claims either through direct negotiation with the Crown or through the Waitangi Tribunal process was provided by the representative of the State party. In this connection, mention was made of the settlement of a historic grievance with the Waikato-Tainui tribe and that 460 claims were registered with the Waitangi Tribunal of which 10 were under active consideration. Moreover, it was indicated that solutions for resolving land grievances were also available through the Maori reserved land lease reform and by Order in Council.

403. Additionally, the representative of the State party provided details of several administrative and policy measures taken to address Maori concerns, including in the areas of education, employment, health and social welfare. In this regard, it was indicated, inter alia, that since 1993 there had been an expansion of Maori education initiatives particularly with respect to early childhood and bilingual education. Despite the successes evidenced in the last 10 years on account of the increase in Maori enrolment in childhood education and tertiary education and the advances made in school retention rates, it was explained that improvements had also been witnessed for non-Maori students and so a sizeable gap between the two groups remained.

404. Information was also provided on the changes occurring in the immigration population in view of the growing number of recently accepted immigrants coming from countries in the Asian region. Details were also given of the quota permitting the entry of refugees under New Zealand's immigration policy. Additionally, a brief description of recent events in Tokelau was provided with respect to Tokelau's consideration of constitutional changes and of an act of self-determination.

405. By way of conclusion, the representative stated that the period under review had been characterized by significant developments particularly with respect to the development of a dialogue and of consultation with the Maori and to promote the economic and social advancement of all groups within the society.

406. The members of the Committee expressed their appreciation to the State party for its comprehensive, detailed and honest report as well as for its informative and frank introductory statement. They noted with satisfaction the seriousness with which New Zealand fulfilled its reporting obligations, particularly as the State party had made considerable efforts in responding to requests for information made during the previous dialogue with the Committee. It was also noted that the Government had undertaken various measures with respect to the implementation of the provisions under the Convention, particularly in light of its recognition of the need to address the disparities existing between different ethnic groups in the country with respect to educational, health and other matters. Moreover, the members of the Committee noted New Zealand's efforts in the past to prepare Niue and the Cook Islands for self-government and its efforts to assist in introducing constitutional change in Tokelau as well as its commitment to continuing to provide assistance to those countries in the future which had chosen free association with New Zealand.

407. With reference to article 2 of the Convention, members of the Committee noted that a plethora of human rights mechanisms existed in New Zealand and in this connection they wished to know how the State party ensured that the problems of duplication of work and overlapping of mandates did not arise. They also wished to receive further details of the provisions of the new Human Rights Act 1993 with respect to the implementation of the rights provided for in the Convention.

408. Clarification was requested as regards the status of the Treaty of Waitangi and whether it had validity under international law. Further information was also requested with respect to the activities of the Waitangi Tribunal, its composition and whether its recommendations were implemented. In addition, information was requested as regards the concerns raised by Maori with respect to the settlement of claims, the basis of arriving at the amount of money contained in the "Fiscal Envelope" and whether that figure was negotiable. Clarification was also requested as regards the effect of the "Fiscal Envelope" on the economic situation of Maori.

409. Questions were raised by members of the Committee about the nature of the concerns expressed by Maori over the adoption of the Treaty of Waitangi (Fisheries Settlement) Act 1992 and with regard to the results of the court proceedings instituted against the Crown over the settlement as well as the means employed for the identification of those claiming settlement under the Treaty. In addition, members of the Committee expressed interest in receiving further information about the communication before the Human Rights Committee in relation to the Treaty of Waitangi (Fisheries Settlement) Act 1992.

410. Members of the Committee requested clarification as to the effect of the Waitangi Tribunal Amendment Act 1993 with respect to the Crown's return to Maori of private land for the settlement of claims. In this regard, the Committee noted that from information contained in the State party report it appeared that the Maori's share of the land was not commensurate with the size of its population and that much of the land was owned by the Crown or in private, non-Maori hands. The Committee observed that the Treaty of Waitangi Amendment Act was an area of concern in so far as it appeared to discount claims to land that had been confiscated by private parties, possibly by unlawful seizure in a previous period.

411. Members of the Committee wished to know more about the provisions and implementation of the Te Ture Whenua Maori (Maori Land) Act 1993, especially with respect to those provisions of the Act requiring the strict application of rules for the transfer of ownership of Maori land.

412. With respect to article 4 of the Convention, members of the Committee emphasized the importance of the provisions of part (b) of that article, particularly as a means to prevent racial discrimination.

413. In connection with article 5 of the Convention, members requested further information on the impact of economic restructuring on the situation of different population groups, particularly with respect to housing and employment conditions and the development of Maori education. Members of the Committee also wished to know more about the electoral reform and its effect on Maori representation in Parliament as well as about the new immigration policy instituted in New Zealand and its possible impact on racial harmony.

414. Concerning article 6 of the Convention, members wished to know more about the number of complaints and whether there had been a noticeable improvement in the protection of the rights provided for in the Convention since the adoption of the New Human Rights Act. Further information was requested on the racial discrimination complaints procedures and the personal grievance procedures under the Employment Contracts Act.

415. In relation to article 7 of the Convention, members of the Committee requested information concerning the investigation of reported cases of ill-treatment in prisons and of the measures taken to address such situations, including the setting up of an independent prison complaints authority and the introduction of human rights education for prison staff. They also asked for more information about the proportion of offences committed by Maori and whether appropriate psychological counselling was available to Maori in prison.

416. With respect to article 14 of the Convention, members of the Committee expressed the hope that New Zealand would consider making the declaration under this article so that grievances relating to racial discrimination could be brought to the Committee.

417. In reply to the questions raised in relation to article 2 of the Convention, the representative agreed that there were a variety of organizations responsible for the promotion and protection of human rights, including the Human Rights Commission, the Office of the Race Relations Conciliator, the Office of the Privacy Commissioner, the Children's Commissioner, the Ombudsman and the Retirement Commissioner. There was not considered to be any overlapping or competition between the different areas of responsibility of these mechanisms. However, he noted that there could be initial confusion about the responsibilities of the Race Relations Conciliator, the Waitangi Tribunal, Te Puri Kokiri and the Human Rights Commission.

418. The representative of the State party also stated that section 5 of the Human Rights Act had enhanced the functions and powers of the Human Rights Commission and the Race Relations Conciliator. In this case, the Race Relations Conciliator had been given a wider jurisdiction to inquire into or make statements about race matters that did not fall within the Conciliator's unlawful discrimination jurisdiction. Section 73 of the 1993 Human Rights Act provided for affirmative action policies consistent with article 2 of the Convention. Indirect discrimination was covered by section 65 of the Human Rights Act, while sections 61 and 131 of the Act provided for penalties for racially offensive expressions. In this regard, he explained that while section 61.2 of the Human Rights Act provided a defence for a publisher or broadcaster if the report accurately conveyed the intention of the publisher or broadcaster, there was no similar defence under section 131 of the Act which carried a criminal penalty with respect to the intent to excite hostility or ill-will or to bring into contempt or ridicule.

419. Concerning the status of the Treaty of Waitangi, the representative explained that it had been recognized as a founding domestic constitutional document which had been concluded between the British Sovereign and the Maori Chiefs of New Zealand in 1840. There had never been a need for a judicial ruling on the question of whether the Treaty of Waitangi had any validity under international law. With respect to the Waitangi Tribunal it was indicated that it was a quasi-judicial body which had statutory authority. The Tribunal was composed of 16 members, 6 of whom were Maori. The Government maintained the ability to accept or reject the Tribunal's recommendations. Those recommendations may be made in general terms or may indicate in specific terms the action which, in the opinion of the Tribunal, the Crown should take. It was further explained that while not all recommendations made by the Tribunal were implemented, the Government was committed to maintaining the reputation of the Tribunal as an effective mechanism for solving Treaty grievances.

420. The Committee was informed that the "Fiscal Envelope" was based on the notion that redress might consist of assets, money and rights. The Government recognized that monetary settlements were preferable since they enabled claimants to repurchase lands or assets themselves. In that connection, the Government had set up two different mechanisms. The first was the Crown protection mechanism, under which surplus land belonging to the Crown was held pending the settlement of claims and surplus land could be used in partial settlement and second priority was given to claims submitted by persons residing in "confiscated lands". It was further explained that the amount of money offered in the "Fiscal Envelope" was arrived at following a political decision and was not open to discussion. In arriving at that sum the Government had carefully balanced the objective of providing durable settlements and removing the claimants' sense of grievance concerning the affordability of the sum and its acceptability to the wider community. The representative also informed the Committee that while there was considerable support among Maori for the settlement of Treaty claims, there was general dissatisfaction within the Maori community over the progress of individual Treaty claim settlement and that this had been exacerbated by Maori concern about the sale of Crown-owned assets. In view of that concern, the Government had recently decided to put a hold on sales of all surplus Crown land located within the major areas in which land confiscation had occurred in the last century. That decision had met with strong support by claimants who viewed the Crown's action as a demonstration of its good faith and commitment to settling land confiscation claims. As an example of the achievements possible in the settlement of claims through the ongoing goodwill of both the Crown and Maori, mention was made of the recent settlement of the Waikato-Tainui land confiscation claim. Moreover, the representative informed the Committee that the settlement of historical grievances would not abrogate government policies to improve the social and economic position of the Maori. He clarified the Government's position with respect to the fact that nothing in the settlements would remove, restrict or replace Maori rights under article III of the Treaty of Waitangi, including Maori access to mainstream government policies.

421. Replying to the questions raised concerning the Treaty of Waitangi (Fisheries Settlement) Act 1992, the representative explained that the reservations expressed by Maori members of Parliament during the passage of the Act included concern about the provisions of the Act that declared the Settlement to finally settle all claims, both current and future, by Maori in respect of commercial fishing. He further indicated that court proceedings were instituted by representatives of ewi opposed to the settlement and its recognition in legislation. Those proceedings were dismissed by the Court of Appeal in Te Runanga o Wharekauri v. Attorney-General (1993) on the basis of the established principle of non-interference by the courts in parliamentary proceedings. It was further stated that many of the issues raised in opposition to the settlement were incorporated into the communication lodged with the Human Rights Committee under the Optional Protocol to the International Covenant on Civil and Political Rights.

422. In reply to a question on the role of the Waitangi Fisheries Commission in identifying fisheries settlement beneficiaries, the representative pointed out that settlements under the Waitangi Treaty were not negotiated directly with the Maori population. The Crown needed assurance that the settlement was being made with the right tribe or sub-tribe grouping so as to ensure a final settlement and avoid further grievances. It was also important to note that all persons entitled to benefits by virtue of their tribal membership were identified and had the opportunity to participate in decisions affecting the distribution of benefits.

423. Concerning the Waitangi Tribunal Amendment Act 1993, the representative explained that the amendment to section 6 of the Treaty of Waitangi Act 1975 arose following the Te Rora report of April 1992 when a division of the Tribunal recommended that the Crown purchase certain private lands involved in that claim. He further stated that a fundamental principle of the Treaty claims settlement process was that one injustice could not be addressed by creating another and that a recommendation to the Crown to take certain action in relation to privately owned land was not consistent with the Crown's duty to protect private citizens' rights. Thus, the amendment was necessary to protect the status of the Tribunal and its acceptance by the people of New Zealand as a whole.

424. The representative explained that under the provisions of the Te Ture Whenua Maori (Maori Land) Act all land in New Zealand had been classified into a number of different categories. In particular, the Act made an important distinction with regard to the requirements for the alienation of Maori freehold land. He explained that the rules regarding alienation of Maori land applied to the transfer of land between Maori as well as to non-Maori and that the Act was designed to promote the retention of Maori land in the hands of whanau and hapu descendants of the person transferring the land. The general theme of the Act was the retention of Maori land within the traditional descent group associated with the relevant land. Thus, the Act was designed to address the concern of Maori at the gradual loss of Maori freehold land and also to establish structures for the more effective use, management and development of multiple-owned Maori land.

425. With regard to the concerns expressed that New Zealand's legislative provisions did not fulfil the requirements of article 4 (b) of the Convention, the representative explained that although the Human Rights Act did not prohibit the establishment of racist organizations per se, its sections 61 and 63 made it unlawful for any organization to publish or distribute racist material and to engage in racial discrimination while its section 131 covered the offence of inciting racial disharmony. Therefore, the extent to which organizations with racist aims could promote them was clearly restricted.

426. With reference to article 5 of the Convention, and in connection with the subject of economic restructuring and its impact on employment and welfare, the representative explained that the New Zealand Employment Service did not use ethnicity as a criterion of eligibility for its services which were targeted at the most disadvantaged groups, including the long-term unemployed. However, as Maori and Pacific Islanders were substantially over-represented among the latter group, they were in effect receiving targeted assistance. In addition, there were two specific employment programmes for Maori and the Government had allocated $NZ 2.4 million to the Ministry of Pacific Island Affairs to deliver employment services. Moreover, in the context of the Government's reconsideration of policies to counter the effects of restructuring on vulnerable groups, changes had been introduced in December 1994 to increase the level of payments to purchase food in cases of emergency and hardship, to increase the level of grants for school uniforms and to provide grants to meet costs associated with the transition from receipt of benefit to resumption of employment. Further adjustments and supplementary benefits which had been incorporated in the most recent budget were also outlined.

427. In reply to questions raised in relation to education, the representative stated that significant advances in the educational attainments of Maoris had been observed in the last five years which provided grounds for optimism about the future position of Maori in education. In addition, the positive outcomes expected from Maori-medium education initiatives should in turn lead to more favourable opportunities for Maori in the labour market. Moreover, the active promotion of the Maori language as a national language of New Zealand had inspired many New Zealanders to study it. A small number of non-Maori adults were studying the language at tertiary institutions or in community education or work-based programmes. Two Maori tertiary institutions already existed and a third was expected to be functioning by the end of 1995.

428. As regards the housing situation of Maori, the Committee was informed that 49 per cent of Maori were accommodated in rental housing as compared with 24 per cent of the New Zealand population as a whole. The 1992 census had showed that renters tended to have lower incomes and to be young. There was also a strong link to unemployment and a higher proportion of Maori were unemployed.

429. With regard to the recently introduced electoral reform and its impact on Maori representation, the representative explained that the number of guaranteed Maori seats in Parliament under the new system had been increased from four to five and that the number of Maori seats would rise or fall depending on the number of Maori opting for enrolment in the Maori roll at the end of the Maori option period. He indicated that the new mixed-member proportional system also provided additional opportunities for Maori representation, where parties felt compelled to select Maori candidates for both "list" and "constituency" seats. Equally, the new system would provide an opportunity for a party representing Maori interests to become established and win list seats in its own right. Such opportunities, including for increased representation, also applied to other ethnic groups.

430. With respect to matters relating to immigration, the representative indicated that the Government was aware that there were some Maori concerns about immigration policies. Improvements were being made to the collection of data to ensure the availability of more comprehensive information regarding the impact of immigration and to facilitate an informed public dialogue. The Government was confident that its immigration policy was consistent with its obligations under the Treaty of Waitangi and that Maori opinion had been fully taken into account when the new immigration policy had been developed. The criteria for accepting immigrants were transparent and applied to all immigrants; the points system had been designed to establish an objective measure of the merits of all applicants.

431. In connection with article 6 of the Convention, the representative informed the Committee that anyone could lodge a complaint about alleged racial discrimination against himself or herself. A complaint might also be made by one person on behalf of another as long as he was a relative or associate of the complainant. There was no specific provision in the Human Rights Act for complainants representing group interests. Moreover, by amendment to section 39 of the Employment Contracts Act, a complainant could choose the Act under which he wished to pursue a complaint. However, a complaint could not be pursued under both the Employment Contracts Act and the Human Rights Act. The personal grievance procedure provided for under the Employment Contracts Act was designed to encourage parties to resolve the complaint amongst themselves and the burden of proof in such cases depended on the nature of the claim. For example, in cases of discrimination, where there could be no justification for an employer's conduct, it was the employee who must satisfy the Employment Tribunal or Employment Court that discrimination had occurred.

432. Additionally, the representative indicated that progress was also being made in the protection and promotion of the rights of ethnic minorities, particularly those of Maori and Pacific Island peoples, as well as in the recognition and prevention of harassment, especially of a racial nature. Between 1 July 1994 and 30 June 1995 a total of 587 complaints had been received by the Race Relations Office. Of those 40 per cent related to section 61 of the Human Rights Act. In 1994/1995 there had been 94 mediated settlements. There had been one prosecution by the police under section 25 of the Race Relations Act 1971 in December 1993. The police had decided in that case to prosecute under the Race Relations Act in order to demonstrate that they were prepared to take action on incitement to racial disharmony. The Department of Justice took the view that the small number of prosecutions under what had become section 131 of the Human Rights Act was partly due to the fact that the police had other legislation under which they could deal with the relevant criminal activities, for example criminal damage or offensive behaviour.

433. Concerning article 7 of the Convention and matters raised with respect to the cases of ill-treatment in prisons, the representative indicated that he would provide information on the incidents at the Mount Crawford prison in the future. However, with regard to the situation at the Mongora prison, he reported that the Ministry of Justice had held an independent inquiry into the management of the prison. A report had been published, containing 60 recommendations for action, some applying specifically to Mongora while others were of relevance to the prison system as a whole. All the recommendations contained in the report would be implemented by the end of 1995. In addition, disciplinary procedures had been instituted against some prison officers and 17 had been suspended. Inquiries into this incident continued to be pursued by the New Zealand police.

434. Moreover, the representative informed the Committee that while Maori constitute 10.6 per cent of the population aged 15 and over, Maori offenders accounted for just under half (49 per cent) of the cases which resulted in imprisonment in 1994. Thus, there had been little change in recent years with regard to the proportion of offences committed by Maori. He also indicated that although there was no specific focus in the provision of psychological services in prison for the adjustment of Maori as compared to other inmates, the Corrections Psychological Services Division was committed to enhancing its services to Maori generally and had undertaken a number of initiatives to that end. A brief description of those initiatives was provided.

435. Concerning article 14 of the Convention, the Committee was informed that the Government of New Zealand was not considering making a declaration under this article especially as it had accepted a broadly based complaints procedure under the Optional Protocol to the International Covenant on Civil and Political Rights. Nor was it the intention of New Zealand to adhere to ILO Convention No. 169. Consultations held in 1990 had revealed serious reservations about its provisions and resistance to its ratification.

436. Furthermore, the representative informed the Committee that he would submit written replies to the questions on the Treaty of Waitangi Amendment Act and the question relating to the determination of ethnic identity. In addition, he stated that the Committee's comments with respect to articles 4 (b) and 14 had been duly noted.

Concluding observations

437. At its 1123rd meeting, held on 16 August 1995, the Committee adopted the following concluding observations.

(a) Introduction

438. The comprehensive and detailed report prepared by the State party, especially in responding to requests for information raised during the Committee's previous dialogue with New Zealand, is noted with appreciation. The highly informative introductory statement, made by the State party representative, providing detailed coverage of recent developments with regard to the implementation of the Convention is welcomed. The open, constructive and detailed responses of the delegation to the questions raised by the members of the Committee are also commended. The opportunity to continue a constructive and fruitful dialogue with the State party is particularly welcomed.

439. It is noted that the State party has not made the declaration provided for in article 14, of the Convention, and some members requested that the possibility of such a declaration be considered.

(b) Positive factors

440. It is noted that a number of legislative changes had been undertaken during the period under review. Attention is drawn in particular to the adoption of the Human Rights Act 1993 which amalgamated the Race Relations Act and the Human Rights Commission Act.

441. During the reporting period, it is observed that other developments which have taken place include the establishment in 1991 of Te Puni Kokiri (the Ministry of Maori Development) which replaced the IMI Transition Agency and the Ministry of Maori Affairs; the strengthening of the Ministry of Pacific and Island Affairs; the establishment of the Ethnic Affairs Service within the Ministry of Internal Affairs; and the establishment of the Ministry of Cultural Affairs.

442. It is noted with satisfaction that New Zealand has decided to mark the first year of the International Decade of the World's Indigenous People by designating 1995 as the Year of the Maori language. The aim of the year being to encourage Maori and other groups and individuals to make an active commitment to learning and promoting the Maori language.

443. The introduction of new targeted policies and programmes in the fields of education, health, employment and social welfare to address the specific needs of Maori and ethnic minorities is welcomed.

444. In this regard, the Government's stated commitment to continue providing support for the improvement of education results for Maori is acknowledged. The intention of the Government to develop policy to address disparities in the areas of secondary school retention, school truancy, achievement and attainment, participation in core subject areas and progression to further education and training is welcomed.

445. The efforts undertaken by the State party to address the high infant mortality rate in the Maori population are also welcomed. Equally, the adoption of strategies by the Government to enable Maori and Pacific Island people to develop and deliver appropriate social services using traditional cultural approaches is appreciated.

446. It is noted with satisfaction that a Prime Ministerial Taskforce on Employment was established in 1994 and that a multiparty memorandum of understanding was issued in June 1995 in response to the findings of the Taskforce's report. In this connection, it is noted that a number of programmes have recently been initiated to address the needs of unemployed Maori and a number of recommendations have been made regarding the employment issues affecting Pacific Island people.

447. Note is also taken of the Race Relation Office's recently completed research project undertaken on the subject of positive race relations in the country and the survey conducted to help identify the victims of racially motivated crime.

448. Tokelau's pursuance of the path towards self-government, with the possibility of adopting the status of free association with New Zealand, is noted.

449. Satisfaction is expressed at the practice instituted in the State party of publicizing the presentation of human rights reports. It was further noted that the publications produced contain the report, opening statement, the questions raised and answers provided as well as the concluding observations of the Committee and are widely distributed throughout the country.

(c) Principal subjects of concern

450. The Government acknowledges that there remains widespread concern among the Maori about the present proposals, especially the so-called "fiscal envelope" designed to settle Maori grievances and claims under the Treaty of Waitangi. The Maori concern also extends to the issue of the compatibility of these proposals with the terms of the Treaty. Concern is expressed that this problem remains unsettled.

451. Similar concerns are raised regarding the probable effects of the new immigration policy on racial harmony and the implementation of the Treaty of Waitangi (Fisheries Settlement Act) 1992.

452. While the policy and special programmes to improve the situation of the Maori, Pacific Island and other ethnic minorities are commended, the existing social and economic disparities between the Maori and Pacific Islanders on the one hand and the Pakeha in New Zealand continue to be a matter of concern.

453. Concern is also expressed about the adequacy of the measures to implement article 4 (b) of the Convention.

(d) Suggestions and recommendations

454. The Committee wishes to receive further information on the proposal of the Government to implement changes to the Immigration Service's data collection and evaluation systems, and to make available more comprehensive information on the impacts of immigration and the situation of immigrants so as to further facilitate informed public dialogue with respect to New Zealand's immigration policies.

455. In view of the Government's declared commitment to address what are openly acknowledged to be difficult and challenging historic and contemporary issues, the Committee recommends that the State party continue to accord careful consideration to the concerns expressed about proposals to settle Maori grievances and land claims, including their compatibility with respect to the provisions of the Treaty of Waitangi.

456. The Committee wishes to receive further information in the next report of the State party on the implementation of the Treaty of Waitangi (Fisheries Settlement) Act 1992, the Te Ture Whenua Maori (Maori Land) Act 1993 and the Electoral Act 1993.

457. It is suggested that the Government consider undertaking further measures with respect to the implementation of article 4 (b) of the Convention which requires States parties to declare illegal and prohibit organizations which promote and incite racial discrimination.

458. In line with the usual practice of the State party, the Committee recommends that the report, the discussion with, and the concluding observations adopted by, the Committee be widely publicized in New Zealand.

459. The Committee recommends that the State party's twelfth periodic report, due on 22 December 1995, be a brief updating report.

URL for areas of image outside of any defined elements.

Home || Treaties || Search || Links