Report to the United Nations

Committee on the Elimination of

Racial Discrimination
New Zealand Human Rights Commission
July 202
!a"le of Contents
#oreword$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$%
&ntroduction$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'
New Zealand race relations and international treaties$$$$$$$$$$$$$$$$$(
)ction on Di*ersity$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Discrimination and Harassment$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$%
!he !reaty relationship "etween +,ori and the Crown$$$$$$$$$$$$$$$'
&ne-ualities$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$.
+igration and /ettlement$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$(
0anguage$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1
+edia$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$20
Religious Di*ersity$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$2
Di*ersity Research$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$22
)ppendi2 &3 0in4s to #urther &nformation on Race Relations in New
Zealand
2
#oreword
The New Zealand Human Rights Commission has published an annual
review of race relations since 2005, in order to monitor developments,
identif priorities and inform public debate in the lead up to the
!nternational "a for the #limination for Racial "iscrimination in $arch%
This ear&s report included a 've ear review for the information of the
(nited Nations Committee on the #limination of Racial "iscrimination in
considering the New Zealand )overnment&s periodic report on compliance
with the !nternational Convention on the #limination of Racial
"iscrimination%
*hat follows is an e+tract from the review, published in $arch 20,2% -in.s
to The full report, and other publications relevant to the period under
review, are provided in /ppendi+ ,%
The Commission intends to attend the Committee&s e+amination of New
Zealand and avail itself of the opportunit a0orded to National Human
Rights !nstitutions to address the Committee directl% !n the meantime we
would appreciate our posting this report on the Committee&s website so
that it can be referenced b others%
!f there is an other wa the Commission can be of assistance, please do
not hesitate to contact us% *e will be encouraging active participation of
civil societ in the process, including a forum on being 1heard b C#R"1 at
our annual New Zealand "iversit 2orum in /ugust 20,2%
3oris de 4res
Race Relations Commissioner
New Zealand Human Rights Commission
5
$ &ntroduction
The )eneral #lection in November 20,, resulted in the return of a
National led )overnment, with support from the $6ori, (nited 2uture and
/CT 7arties% The con'dence and suppl agreement reached with the $6ori
7art is focused on a number of .e race relations issues, including, in
particular, the economic and social disadvantage e+perienced b $6ori%
/lso signi'cant was the outcome of the referendum on the $i+ed $ember
7roportional 8$$79 representation sstem for parliamentar elections : a
clear ma;orit favouring its retention% $$7 has been responsible for a
much more diverse 7arliament since its introduction in ,<<=% 3ust over a
>uarter of all $7s in the new 7arliament identif as $6ori, 7aci'c or /sian,
similar to the proportions in the previous 7arliament% The number of $6ori
$7s remained the same at 2,, the number of 7aci'c $7s increased from
've to si+, and the number of /sian $7s reduced from si+ to 've% The new
Cabinet has four $6ori $inisters, including two on the front bench%
Cabinet was sworn in in "ecember b the new )overnor )eneral, -t
)eneral 3err $ateparae, who is also $6ori%
#ach chapter of this ear?s report includes a brief loo. bac. over the past
've ears in order to inform the (nited Nations Committee on the
#limination of Racial "iscrimination in conducting their 've earl review
of race relations in New Zealand% @ome of the features of that period have
beenA
the growth of the New Zealand "iversit /ction 7rogramme, with
around 250 organisations each ear delivering a total of more than
5200 diversit pro;ects
the introduction of a new curriculum for schools emphasising the
importance of the Treat of *aitangi, cultural diversit and human
rights
the transition to a new BsuperCcitD in /uc.land with new structures
and programmes to include its diverse communities
the continuing e+perience b /sian New Zealanders of a higher
level of discrimination and harassment than other groups
E
signi'cant progress in the hearing and settlement of claims b
$6ori of historical breaches of the Treat of *aitangi b the Crown
the persistence of disadvantage e+perienced b $6ori and 7aci'c
peoples in terms of social and economic rights
an improved framewor. for immigration and settlement, and a more
inclusive and strategic approach to refugee resettlement
greater recognition of $6ori language in the public and commercial
spheres, the growth of $6ori Television, and the development of a
7aci'c languages framewor.
a wider appreciation of and respect for the increasing religious
diversit of New Zealanders%
Fne thing that didn?t happen in 20,, was the 've earl Census of
7opulation and "wellings% !t was due to ta.e place in $arch, but was
postponed for two ears because of the e0ects of the Canterbur
earth>ua.es% The data for school enrolments in 20,,, however, gives an
indication of the continuing demographic change in New Zealand% Notabl,
in the Northern region 8/uc.land and Northland9 nearl =0 per cent of
students are $6ori, 7aci'c, /sian and other nonC#uropeanG in the Central
North region 8@outh of /uc.land and north of Turangi9 nearl E0 per cent
of the students are $6ori, while in the @outhern region 8the @outh !sland9
over H5 per cent of the students are #uropean% Fverall, 55 per cent of
students are #uropean, 25 per cent are $6ori, ,0 per cent are 7aci'c, and
< per cent are /sian% These 'gures indicate that in the future, no single
ethnic group is li.el to constitute a ma;orit of the population%
Racial prejudice, inequalities and exclusion
*hile progress continues to be made in man areas of race relations,
there remain three ma;or challenges% These are a continuing degree of
racial pre;udice, signi'cant racial ine>ualities, and the e+clusion of
minorities from full participation in all aspects of societ%
Racial pre;udice is ;udging before we .now% !n that sense it includesG
negative attitudes to the Treat of *aitangi, to indigenous rights, to $6ori,
7aci'c peoples, /sians, migrants and refugees% These pre;udices are still
far too prevalent, and compromise e0orts to address race relations issues%
The lead to discrimination, marginalisation, and the perpetuation of
5
in;ustices and ine>ualities, and prevent the social and economic bene'ts
of diversit being full realised% Racial pre;udice in its man forms
continues to frustrate the achievement of positive race relations in New
Zealand%
Racial ine>ualit is when members of some ethnic groups e+perience
social, economic and political disadvantage compared to others% This is
manifestl the case in New Zealand, and the ine>ualities are not onl
signi'cant but also entrenched% Their continuation is unacceptable, and
eliminating racial ine>ualit needs to be a wholeCofCgovernment priorit,
addressing sstemic discrimination, ta.ing all necessar special measures
to assist disadvantaged groups, supporting initiatives b them to assist
and strengthen their own communities, setting targets and reviewing
progress% To overcome racial ine>ualit, we also need to address racial
pre;udice, because special programmes often attract raciall pre;udiced
opposition%
#+clusion is when members of minorit ethnic groups are not able to
participate in decision ma.ing, are underCrepresented in emploment, are
unable to engage with the wider communit and are marginalised b the
media% /de>uate settlement support for migrants and refugees is vital,
barriers to emploment need to be bro.en down, minorit communities
need to be supported to share their cultures, and we need to increase the
participation of $6ori and ethnic minorities in all aspects of )overnment,
business, and communit% To overcome e+clusion, both racial pre;udice
and racial ine>ualities, which underpin it, need to be addressed%
Forty years of race relations legislation
20,, saw the E0th anniversar of the passing of the Race Relations /ct,
which established the FIce of the Race Relations Conciliator% The /ct
came into force E0 ears ago this ear, on , /pril ,<H2% The FIce was
merged with the Human Rights Commission 50 ears later b the Human
Rights /mendment /ct 200,%
Human Rights Amendment Bill
The )overnment introduced a Human Rights /mendment 4ill into
7arliament in @eptember 20,, which among other things proposes to
replace the present position of Race Relations Commissioner with a
generic Human Rights Commissioner who will have a lead responsibilit
=
for race relations in the Commission under the direction of the Chief
Commissioner% The 4ill will be considered b a @elect Committee in 20,2%
Top ten priorities for 202
#ach chapter of this report identi'es priorities for the coming ear% Ff
these, ten are identi'ed as having particular importance in the conte+t of
20,2A
1.The safet and wellbeing of our childrenA focusing on the rights of
children, including through the $6ori /0airs @elect Committee
in>uir into the wellbeing of $6ori children, and the )overnment
responses to the )reen 7aper for Julnerable Children and the #arl
Childhood #ducation report%
2.Reducing social and economic ine>ualitiesA addressing entrenched
ine>ualities across di0erent sectors, with a focus on structural
discrimination%
3.7rotecting bene'ciaries and their familiesA ensuring that reforms
aimed at reducing welfare dependenc do not adversel a0ect the
welfare of bene'ciaries and their families%
4.Christchurch earth>ua.e recoverA developing central and local
government capabilit to communicate with culturall and
linguisticall diverse communities in the Christchurch earth>ua.e
recover, and in the event of future civil emergencies elsewhere%
5.The constitutional reviewA public discussion of New Zealand?s
constitutional arrangements including the Treat of *aitangi%
6.!nclusionA activel focusing on inclusion in all aspects of New
Zealand life as a means to brea. down discrimination against /sian
New Zealanders and other minorit ethnic groups%
7.Refugee resettlementA approving and beginning to implement the
refugee resettlement strateg%
8.-anguageA implementing the 7aci'c -anguages 2ramewor. and
determining the future strateg for te reo $6ori%
H
9."iversit in the mediaA improving representation of diverse
communities in the media, recognising the changing demographics
of the New Zealand audience%
10.(nited Nations review of New ZealandA engaging with the (nited
Nations Committee on the #limination of Racial "iscrimination in
their review of New Zealand?s compliance with the Convention on
the #limination of Racial "iscrimination%
2$ New Zealand race relations and international treaties
The (nited Nations Committee on the #limination of Racial "iscrimination
completed its most recent 'veCearl review of New Zealand?s compliance
with the (N Convention on the #limination of Racial "iscrimination 8C#R"9
in 200H% The full list of recommendations, and the )overnment?s response
in the ears since, are included later in this section% !n concluding the
reporting process, the Committee welcomed the proposed inclusion of
reference to the Treat of *aitangi in the New Zealand Curriculum and
urged the )overnment to enact the !mmigration 4ill >uic.l in order to
allow access to education for undocumented children% The 4ill was passed
and provision made in the 20,0 4udget to enable undocumented children
to attend school% The Committee as.ed that the )overnment?s ne+t
report, due in 2ebruar 20,2, include information on references to the
Treat of *aitangi in legislation and recognition of $6ori customar title in
the foreshore and seabed%
(nder /rticle ,E of C#R" the Committee on the #limination of Racial
"iscrimination ma consider complaints from individuals if the individual
is within the ;urisdiction of a state that has recognised the competence of
the Committee to receive such complaints% New Zealand has not et
opted into this process% /t the end of 20,,, it was reviewing this position%
The Human Rights Commission has written to the )overnment urging it to
recognise the individual complaints procedure% Recognition would reKect
the )overnment?s commitment to realising freedom from racial
discrimination and upholding international human rights standards b
providing this avenue to individuals%
*ithin the past 've ears, New Zealand has added two new international
instruments to its e+isting international human rights commitments% 2irst,
New Zealand rati'ed the (N Convention on the Rights of 7ersons with
"isabilities in 200L, submitting its 'rst report to the (N Committee
L
monitoring the Convention in $arch 20,,% The report highlighted
developments for $6ori and 7aci'c people with disabilities but noted that
the continue to e+perience disproportionate disadvantage compared to
other disabled people% @econd, New Zealand pledged its support for the
(N "eclaration on the Rights of !ndigenous 7eoples in 20,0%
The (N Human Rights Council reviewed New Zealand?s overall human
rights performance in 200< through its (niversal 7eriodic Review 8(7R9
process% !t made =E recommendations, of which the )overnment accepted
5L and conditionall agreed to ,L% The )overnment noted man of the
recommendations focused on challenging areas% These included social
disparities between $6ori and nonC $6ori, the status of the Treat of
*aitangi in legislation, famil violence, e>ual opportunit, overC
representation of $6ori in the criminal ;ustice sstem and rati'cation of
further human rights treaties%
!ommittee on the "limination of Racial discrimination
The )overnment is due to submit its ,Lth, ,<th and 20th consolidated
periodic report to the Committee on the #limination of Racial
"iscrimination b 2ebruar 20,2% /fter the report is submitted the
)overnment is re>uired to send a delegation to present the report and
answer >uestions that the Committee ma have% Fnce the )overnment
has presented its report, other organisations will have an opportunit to
submit their own reports about racial discrimination in New Zealand%
The Committee last e+amined and made recommendations on New
Zealand?s compliance with the Convention on the #limination of Racial
"iscrimination in 200H% @ince then, the Human Rights Commission has
monitored progress against the Committee?s recommendations annuall%
The following table records progress on the recommendations to the end
of 20,,%
The #o$ernment%s responses to recommendations &y the
!ommittee on the "limination of Racial 'iscrimination
Recommendation @tatus )overnment
response
<
2ollowCup on HRC?s
/ction 7lan for
Human Rights in
New Zealand
The HRC completed a second review
of human rights in 20,0, with priorit
actions%
(nder action
#ntrench the New
Zealand 4ill of
Rights /ct 84FR/9
7resent 4FR/ arrangements
considered satisfactor, however,
the constitutional status of 4FR/
ma be considered during the
constitutional review%
(nder action
"iscuss
constitutional status
of the Treat of
*aitangi
The role of the Treat of *aitangi in
New Zealand?s constitutional
arrangements will be considered
during the Constitutional review%
(nder action
!ncorporate Treat
into domestic
legislation where
relevant
7rinciples of the Treat of *aitangi
"eletion 4ill 200= was re;ected b
7arliament%
/ctioned
Clarif the
distinction between
special measures
and indigenous
rights in reports to
C#R"
The )overnment agreed to this
recommendation and will amend
subse>uent reports to C#R"%
/ctioned
7rovide guidance on
special measures to
achieve e>ualit
The @tate @ervices Commission
issued guidelines on special
measures%
/ctioned
)ive a cutCo0 date
for lodging
historical Treat
claims
The cutCo0 date was widel
publicised and resulted in a dramatic
increase in the lodging of claims%
/ctioned
)rant the *aitangi
Tribunal binding
powers
/s the Tribunal operates as a truthC
andCreconciliation process, the
)overnment has no plans to give it
binding powers to ad;udicate Treat
matters%
Re;ected
,0
Renew Crown:$6ori
dialogue on the
2oreshore and
@eabed /ct 200E
82@/9
The 2@/ was reviewed b both an
!ndependent $inisterial Review 7anel
and the )overnment in 200<M20,0%
2ollowing further consultation and
negotiation the Coastal and $arine
/rea 8Ta.utai $oana9 /ct was passed
into law in $arch 20,,%
/ctioned
$a.e references to
the Treat in the
New Zealand
curriculum
References to the Treat were
included in the 'nal version of the
new curriculum released in 200H%
/ctioned
"eal with overC
representation of
$6ori and 7aci'c
peoples and racial
discrimination in
the criminal ;ustice
sstem
/ ma;or wor. programme is
underwa to address the drivers of
crime, including wor. to prioritise
$6ori% Fther initiatives include
Rangatahi Courts, $6oriCcentred
rehabilitation and reintegration units
and the NZ 7olice wor.ing with $6ori
communities%
(nder action
/ssess e0ect of
section 2H of the
@entencing /ct
2002 8this section
allows the Court to
hear submissions
relating to the
o0ender?s
communit and
cultural
bac.ground9
(ntil recentl data on the use of this
section could not be recorded in the
Courts? Case $anagement @stem%
However, from midC3ul 20,, the
function is available and the use of
section 2H will be recorded%
/ctioned
)ive unrestricted
access to education
for undocumented
children
The !mmigration /ct 200< removed
barriers for foreign national children
to access education%
/ctioned
#nd the detention
of aslumCsee.ers
in correctional
facilities
The !mmigration /ct 200<
signi'cantl restricts the situations
in which refugees or protected
persons can be detained and
re>uires them to be in accordance
with /rticle ,0 !CC7R%
/ctioned in
part
,,
Collect data on
raciallCmotivated
crime
The )overnment agreed with this
recommendation but the NZ 7olice
will not progress it in the medium
term due to higher priorit wor.%
/ccepted, but
not under
action
!mprove
accessibilit and
e0ectiveness of
HRC discrimination
complaints
procedures
The HRC undertoo. a multiCear
pro;ect to improve accessibilit of its
en>uiries and complaints service%
/ctioned
Consider ratifing
!-F ,=< concerning
!ndigenous and
Tribal peoples, the
Convention relating
to the @tatus of
@tateless 7eoples
and the Convention
on the 7rotection of
the Rights of /ll
$igrant *or.ers
The )overnment has no plans to
ratif an of these Conventions%
Re;ected
Consider accepting
the C#R" /rticle ,E
complaint
procedure
The )overnment agreed to consider
accepting the /rticle ,E procedure%
7ublic consultation too. place in
20,,% There is no decision as et%
(nder action
5riorities for 202 5riorities for 202
Engage with the United Nations Committee on the Engage with the United Nations Committee on the
Elimination of Racial Discrimination in their re*iew of New Elimination of Racial Discrimination in their re*iew of New
Zealand6s compliance with the Con*ention on the Elimination Zealand6s compliance with the Con*ention on the Elimination
of Racial Discrimination$ of Racial Discrimination$
+a4e pro*ision for indi*idual complaints of racial +a4e pro*ision for indi*idual complaints of racial
discrimination to the Committee on the Elimination of Racial discrimination to the Committee on the Elimination of Racial
Discrimination under )rticle ' of the Con*ention on the Discrimination under )rticle ' of the Con*ention on the
Elimination of Racial Discrimination$ Elimination of Racial Discrimination$
%$ )ction on Di*ersity
,2
The (nited Nations Committee on the #limination of Racial "iscrimination,
in its review of New Zealand?s race relations performance in 200H,
commended the Human Rights Commission?s New Zealand "iversit
/ction 7rogramme% The programme brings together organisations ta.ing
practical action to promote cultural diversit, racial e>ualit, harmonious
relations and e0ective observance of the Treat of *aitangi%
The programme is indicative of the wide range of activities that ta.e place
in the communit throughout New Zealand to maintain and develop
cultural diversit and harmonious race relations% !n the past 've ears,
around 250 organisations have participated in the programme each ear,
delivering around 5200 diversit programmes and pro;ects in total% The
programme has promoted participation in diversit events such as
*aitangi "a, Chinese New Near, Race Relations "a, $atari.i, "iwali, and
language wee.s, as well as museum e+hibitions, educational activities,
research pro;ects, migrant support programmes, wor.shops, publications,
websites, festivals, and sporting and cultural events% *ell attended annual
New Zealand "iversit 2orums and "iversit Nouth 2orums were held in
/uc.land, *ellington, Christchurch and Hamilton% Fver 500 individuals
and organisations have been ac.nowledged b the Race Relations
Commissioner for positive contributions to race relations, and 5<
organisations received New Zealand "iversit /wards for outstanding
contributions to cultural diversit and race relations%
The new New Zealand Curriculum for schools, launched in 200H, aIrmed
the Treat of *aitangi, cultural diversit and inclusion 8including nonC
racism and nonCdiscrimination9 as core principles, and diversit, e>uit,
communit, participation for the common good, and respect for human
rights as values%
/ national @tatement on Race Relations, developed b the Human Rights
Commission, was launched b the 7rime $inister in 200L% !t sets out ten
basic human rights principles for positive race relations along with a
commentar on each% !t has been used as a tool for discussion and
education%
(nder the -ocal )overnment /ct 2002, local authorities were re>uired to
have -ong Term Communit 7lans b 200=% The plans generall include
measures to value cultural diversit, welcome newcomers and maintain
relationships with $6ori% -ibraries, museums and communit development
,5
sta0 have been .e plaers in delivering programmes that promote
cultural diversit%
The amalgamation of eight local authorities into an /uc.land Bsuper citD
made /uc.land b far the most populous and diverse cit in New Zealand,
with large $6ori, 7aci'c and /sian communities% The empowering
legislation created a $6ori @tatutor 4oard and 7aci'c and #thnic /dvisor
4oards as part of the Council?s structure%
5riorities for 202 5riorities for 202

#inalise and implement the )uc4land 5lan7 including a focus #inalise and implement the )uc4land 5lan7 including a focus
on supporting cultural di*ersity7 reducing ine-uality and on supporting cultural di*ersity7 reducing ine-uality and
ena"ling +,ori aspirations$ ena"ling +,ori aspirations$
Consider the Human Rights )mendment 8ill and address Consider the Human Rights )mendment 8ill and address
community concerns a"out the loss of the special character community concerns a"out the loss of the special character
and *isi"ility of the role of Race Relations Commissioner$ and *isi"ility of the role of Race Relations Commissioner$

'$ Discrimination and Harassment
The number of approaches to the Human Rights Commission about racial
discrimination, incitement and harassment has been relativel consistent
in the past 've ears, with an average of EH2 per ear ma.ing up about a
third of all approaches to the commission% /pproaches about raceCrelated
matters in emploment were the most common%
/nnual ($R Research surves on perceived discrimination, underta.en
since 200,, have consistentl shown /sian people to be perceived as the
most discriminated against% /n average of around H5 per cent of surve
respondents identi'ed /sian people as su0ering Ba great dealD or BsomeD
discrimination%
!ncidents of raciall motivated crime have been relativel rare, although
the cases that were reported included serious assaults% The highest
number of media reports of such incidents was ,< in 200L, dropping to
've in 20,,% The )overnment is et to implement a sstem for collecting
data on raciall motivated crime, as recommended b the (N Committee
on the #limination of Racial "iscrimination and the (N Human Rights
Council% (ntil it does so, it is diIcult to be precise about the e+tent of
such crime%
,E
Regional webCbased mechanisms to report and resolve cases of racial
harassment were established through local initiatives in Christchurch and
NelsonMTasman% The Christchurch sstem, primaril aimed at international
students, was discontinued in 20,,, but there are hopes of a similar
sstem being established for international students on a national basis in
the future%
The number of approaches received under section =, of the Human Rights
/ct 8inciting racial disharmon9 Kuctuated greatl from ear to ear% This
was due to a relativel large number of approaches on a single issue in
most ears% 2or e+ample H52 approaches related to comments made b
$7 Hone Harawira in 200< and L5 approaches related to comments made
about the )overnorC)eneral and an !ndian Cabinet $inister b broadcaster
7aul Henr in 20,0%
!n 20,0, the @outh /frican Rugb (nion 8@/R(9 and the New Zealand
Rugb (nion 8NZR(9 apologised for discriminating against $6ori b
e+cluding them from rugb tours to @outh /frica in ,<2L, ,<E< and ,<=0
in deference to @outh /frica?s racial policies at the time% The apolog
occurred in the centennial ear of $6ori rugb%
5riorities for 202 5riorities for 202
)cti*ely focus on inclusion in all aspects of New Zealand life )cti*ely focus on inclusion in all aspects of New Zealand life
as a means to "rea4 down discrimination against )sian New as a means to "rea4 down discrimination against )sian New
Zealanders and other minority ethnic groups$ Zealanders and other minority ethnic groups$
Consider a national reporting system on racial harassment Consider a national reporting system on racial harassment
for international students$ for international students$
9$ !he !reaty relationship "etween +,ori and the Crown
The dispute over the foreshore and seabed continued to a0ect the Treat
relationship and political formations, with the newl established $6ori
7art reaching a con'dence and suppl agreement with the National 7art
led government after the 200L general election% The 2oreshore and
@eabed /ct 200E was replaced b the $arine and Coastal /rea 8Ta.utai
$oana9 /ct 20,,, prompting a further change in the political landscape
with the establishment of the $ana 7art b former $6ori 7art $7 Hone
Harawira%
,5
The (nited Nations "eclaration on the Rights of !ndigenous 7eoples was
adopted b the (nited Nations in 200H, with New Zealand initiall voting
against it but then pledging its support in 20,0%
The pace of historical Treat of *aitangi settlements increased
dramaticall, from ten milestones achieved in 200H to over =0 in 20,,%
The aspirational goal of settling all historical claims was brought forward
from 2020 to 20,E b the new National 7art led )overnment in 200L%
Revised negotiation and settlement policies were introduced and funding
was increased to enable settlements to be achieved% $a;or settlements
included the Ng6ti 7orou deed of settlement in 20,0, the *ai.atoCTainui
River settlement in 20,0, the 1Treelords1 Central North !sland settlement
in 200L, and settlement with the *ellington iwi collective Tarana.i *h6nui
.i Te Opo.o o Te !.a in 200L% Claimants have increasingl sought, through
Treat settlements, a greater role in natural resource management%
)overnment decisions in 20,0 provided more certaint about what
redress will be available to provide for greater iwi involvement in decision
ma.ing on natural resources% The *aitangi Tribunal has released a
number of reports on district, .aupapa and urgent in>uiries and dealt with
an inKu+ of mainl historical claims submitted ;ust before the , @eptember
200L deadline for lodging new historical claims%
The relationship between $6ori and local government has sometimes
been controversial% !n 200<, the new /uc.land 1superCcit1 Council was
formed, without following a recommendation b the Roal Commission on
/uc.land )overnance that three $6ori seats be established% /n
independent $6ori @tatutor 4oard was established that saw $6ori
appointed as members of a substantial number of Council Committees%
However, $6ori are et to achieve guaranteed proportional representation
at the Council table itself% The discussion about whether to establish $6ori
seats was pic.ed up b man other councils in 20,,%
The !wi Chairs 2orum was established in 2005 as a platform for sharing
.nowledge and information between tangata whenua% !t meets regularl
to discuss $6ori aspirations in cultural, social, economic, environmental
and political development% The forum has established a rangatira .i te
rangatira 8leader to leader9 relationship with the 7rime $inister and senior
cabinet ministers% !wi leaders recognise the are not mandated to spea.
on behalf of $6ori but that their .nowledge can contribute to polic
discussions%
,=
The past few ears have seen the foundation laid for a review of New
Zealand?s current constitutional arrangements% / Constitutional /dvisor
7anel was established which will see. views on, among other things, how
the Treat should be reKected in New Zealand?s constitutional
arrangements% The conversation is to be with New Zealanders and was
agreed as part of the NationalC $6ori 7art Con'dence and @uppl
/greement in 200L% Terms of Reference for the Consideration of
Constitutional !ssues were agreed in 20,0 and a process for appointing an
independent panel and engaging with New Zealanders was announced in
20,,%
$6ori centred initiatives have progressed, including pro;ects within the
"rivers of Crime programme led b the $inistr of 3usticeG pro;ects
commissioned b the $6ori #conomic Tas.forceG and *h6nau Fra in the
health sector% !n spite of this, signi'cant ine>ualities remain% These are
outlined in the !ne>ualities chapter of this report%
5riorities for 202 5riorities for 202
&nformed pu"lic discussion of New Zealand:s constitutional &nformed pu"lic discussion of New Zealand:s constitutional
arrangements including the !reaty of ;aitangi$ arrangements including the !reaty of ;aitangi$
!he <o*ernment:s response to the ;ai 2.2 report =o !he <o*ernment:s response to the ;ai 2.2 report =o
)otearoa !>nei3 !his is New Zealand$ )otearoa !>nei3 !his is New Zealand$
.$ &ne-ualities
Continuing programmes and new approaches have sought to reduce the
social and economic disadvantage e+perienced b some ethnic groups,
particularl $6ori and 7aci'c peoples% However, signi'cant ine>ualities
persist and in man cases have worsened during the economic recession%
$6ori and 7aci'c outh have been most a0ected b the labour mar.et
downturn% 2igures from the $inistr of @ocial "evelopment show
unemploment for $6ori and 7aci'c outh doubled in the two ears to
3une 20,0 to around 50 per cent for each group%
The )overnment has sought to address ine>ualities through wholeCofC
government initiatives such as *h6nau Fra and /ddressing the "rivers of
Crime% The provide no 1>uic.C '+es1 but have potential to support
positive change in the medium to longCterm%
,H
#thnic ine>ualities in health persist, with little apparent decrease over the
past 've ears% !n ;ustice, $6ori continue to be disproportionatel
represented in all areas of the criminal ;ustice process% /pprehension rates
have dropped since 2005C200= for #uropeans but have risen for $6ori,
7aci'c, /sian and other ethnic groups%
There were improvements in $6ori and 7aci'c student achievement,
particularl at NC#/ level ,% This ma be attributable to education
initiatives over the last 've ears% 2or e+ample, the Potahitanga
programme was reviewed in 20,, and found to have achieved positive
change in how teachers relate to $6ori students% The programme was
designed to develop culturall responsive teaching and leadership% !n
200L, the $inistr of #ducation published a $6ori strateg 1Pa Hi.itia1
that sets out ob;ectives and measures for $6ori students to achieve as
$6ori across the education sstem% / 7asi'.a #ducation 7lan was adopted
in 200<% / review in 20,, recommended changes in the ne+t plan, for
e+ample more focus on language and cultural identit as a tool for
educational success%
The introduction of the $i+ed $ember 7roportional 8$$79 electoral sstem
in the ,<<0s led to a signi'cant increase in the diversit of $embers of
7arliament% This continued in the 200L and 20,, )eneral #lections, and
agreements after both elections between the National 7art and the $6ori
7art saw the $6ori 7art become a part of the National led governments%
/ referendum on electoral sstems at the 20,, )eneral #lection resulted
in a clear ma;orit for the retention of $$7%
The )overnment is re>uired b law to ensure ade>uate $6ori
representation through appointments to "istrict Health 4oards, but not
7aci'c or /sian representation which remains low% $6ori, 7aci'c and ethnic
peoples continue to be underCrepresented in local government, on school
4oards of Trustees, and in senior management of the public and private
sector%
5riorities for 202 5riorities for 202
#ocus on the rights of children7 including through the +,ori #ocus on the rights of children7 including through the +,ori
)?airs /elect Committee in-uiry into the well"eing of +,ori )?airs /elect Committee in-uiry into the well"eing of +,ori
children7 and <o*ernment responses to the <reen 5aper for children7 and <o*ernment responses to the <reen 5aper for
@ulnera"le Children and the Early Childhood Education @ulnera"le Children and the Early Childhood Education
report$ report$
,L
)ddress entrenched ine-ualities across di?erent sectors7 )ddress entrenched ine-ualities across di?erent sectors7
with a focus on structural discrimination$ with a focus on structural discrimination$
Respond to the ;elfare ;or4ing <roup:s recommendations$ Respond to the ;elfare ;or4ing <roup:s recommendations$
($ +igration and settlement
Two .e pieces of immigration legislation were enacted : the !mmigration
/dvisers -icensing /ct 200H and the !mmigration /ct 200<%
The !mmigration /dvisers -icensing /ct 200H re>uires the mandator
licensing of immigration advisers% The act is intended to provide a
safeguard for potential migrants against e+ploitation and to ensure that
the information the receive is legitimate and relevant to their situation%
The act establishes the immigration advisers authorit% The authorit
maintains a publicl available register of licensed immigration advisers
administers complaints against licensed advisers and ta.es enforcement
action against nonClicensed advisers
The !mmigration /ct 200< governs immigration in New Zealand% !t aims to
manage immigration through balancing the rights of the individual with
the national interest% Fverall, those involved in implementing the act and
people concerned with migrant and refugee interests consider it has
created positive change%
!mmigration polic has focused on attracting s.illed wor.ers and
addressing longCterm seasonal labour shortages% The adoption of the
Recognised @easonal #mploer 8R@#9 polic in 200H and the introduction
of the supplementar seasonal emploment permit in 200< provides other
wor.ers access to the New Zealand labour mar.et and aims to better
protect the rights of these wor.ers% / review of the R@# polic in 20,0
concluded that overall it had been a success, providing emploers with
access to a reliable and stable seasonal wor.force% The review did,
however, raise concerns about a lac. of awareness and understanding of
wor.ers& rights% The "epartment of -abour has provided additional
resources and continues to monitor the situation%
The 1@ilver 2ern1 policies, implemented in 20,0, allow eligible, s.illed
oung people to enter New Zealand and wor. towards gaining residence%
,<
/lthough the number of migrants approved for residence has remained
relativel static since 200H, the global economic downturn has had a
signi'cant impact on migration, particularl temporar migrants% The
downturn and a rise in unemploment have put pressure on the
)overnment to ensure New Zealanders get ;obs ahead of temporar
migrant wor.ers% @ome temporar wor.ers have been unable to renew
their visas, despite alread being emploed, because labour mar.et tests
indicated that suitable New Zealand wor.ers were available%
The )overnment has continued to accept refugees for resettlement under
its annual refugee >uota programme of around H50 refugees each ear%
since 200H, New Zealand has accepted more than 5000 refugees%
although the geographic mi+ of source countries has shifted over the past
've ears with an increased focus on @outh #ast /sia, the refugee >uota
programme continues to include some refugees from other source regions
such as /frica and the $iddle #ast%
)overnment initiatives have focused on the importance of successful
settlement and providing more support to migrants and refugees% This has
includedA the development of a national settlement strateg and action
planG regional settlement strategies and action plans for /uc.land and
*ellingtonG the establishment of ,L local settlement support New Zealand
servicesG the establishment of a settlement support networ.G the opening
of migrant resource centresG the launch of local newcomers? networ.sG and
the development of a national refugee resettlement strateg%
5riorities for 202 5riorities for 202
)ppro*e and "egin to implement the New Zealand Refugee )ppro*e and "egin to implement the New Zealand Refugee
Resettlement /trategy$ Resettlement /trategy$
Ensure international human rights treaty o"ligations are Ensure international human rights treaty o"ligations are
met in decision ma4ing "y immigration sta?$ met in decision ma4ing "y immigration sta?$
A$ 0anguage
The right to learn and use one?s own language is an internationall
recognised human right and is set out in the New Zealand 4ill of Rights
/ct% in 200H, the Human Rights Commission published a statement on
language polic that called for, among other things, a national languages
20
polic and speci'c strategies for $6ori, New Zealand sign language,
7aci'c and communit languages% The call was renewed in the
commission?s 20,0 report Human Rights in New Zealand 20,0 : Ng6 Ti.a
Tangata o /otearoa% To support discussion on language strategies, the
Commission facilitates a language polic networ., publishes a monthl
newsletter and hosts an annual language polic forum%
$6ori Television began broadcasting in 200E% !t grew in popularit and
added a second, $6ori language onl channel in 200L% The 'rst
monolingual learner dictionar Tirohia Pimihia was produced b Huia
7ublishers in 200H% This was followed in 200L b the $6ori -anguage
Commission?s landmar. monolingual dictionar, He 76ta.a Pupu : te .ai a
te rangatira%
The use of $6ori in the public domain increased signi'cantl, particularl
as a result of the annual $6ori language *ee. promoting wider use of
$6ori in public and communit life% !ncreased use was evident in business,
internet applications, place names, and in the media%
The state of Te Reo $6ori came under scrutin in two ma;or reportsA the
*aitangi Tribunal?s chapter on te reo $6ori from its report on the *ai 2=2
claim in 20,0, and the $inisterial tas. forces review Te Reo $auriora in
20,,% / new $6ori language strateg has et to be developed in response
to these and other 'ndings% / signi'cant proportion of $6ori live in
/ustraliaG estimated at as man as one in si+% This has been raised as an
issue for language maintenance in research from 7aul Hamer of the
institute of 7olic studies%
The initial $ind Nour -anguage 7rogramme launched b the $inistr of
7aci'c !sland /0airs to support the To.elau, Niue and Coo. !sland
communities in maintaining their languages was followed b the
development of a draft 7aci'c languages strateg, which is et to be
approved b the )overnment% @amoan, Coo. !sland and Tongan -anguage
*ee.s were added to the annual calendar of language events, alongside
$6ori language *ee. and New Zealand sign language *ee.%
-anguage -ine, a telephone interpreting service operated b the FIce of
#thnic /0airs, considerabl e+tended both the range of languages
available and the organisations using the service%
Communit language education received a setbac. with severe cuts to
adult and communit education in the 200< budget%
2,
5riorities for 202 5riorities for 202
)ppro*e and implement the 5aciBc 0anguages #ramewor4 )ppro*e and implement the 5aciBc 0anguages #ramewor4
and determine the future strategy for te reo +,ori$ and determine the future strategy for te reo +,ori$
De*elop central and local go*ernment capa"ility to De*elop central and local go*ernment capa"ility to
communicate with culturally and linguistically di*erse communicate with culturally and linguistically di*erse
communities in the Christchurch earth-ua4e reco*ery7 and in communities in the Christchurch earth-ua4e reco*ery7 and in
the e*ent of future ci*il emergencies elsewhere$ the e*ent of future ci*il emergencies elsewhere$
1$ +edia
/ surve b the 3ournalism Training Frganisation 83TF9 in 200H highlighted
the continuing underCrepresentation of $6ori, 7aci'c and other minorit
ethnic groups in newsrooms and ;ournalism training schools% @ince then,
there has been incremental improvement, although no further surves
have been underta.en b the industr% 2airfa+ $edia instituted an intern
scheme in part to address the issue for its newsrooms, but the challenge
remains%
$6ori Television established itself 'rml as a public sector broadcaster and
won freeCtoCair broadcasting rights for the Rugb *orld Cup, together with
TJNZ and TJ5% !t set up a new $6ori language channel in 200L% TJNZ H
was established on 2reeview as part of TJNZ?s commitment to diversit
under the TJNZ charter, but following the abolition of the charter b the
)overnment it will cease to broadcast in 20,2%
There was growth in ethnic media, including *orld TJ, broadcasting in
Chinese, 3apanese and PoreanG the internet based s..iwi with ,50,000
registered users including man Chinese international studentsG Radio
Tarana, /pna<<0 and Humm 2$ broadcasting to the !ndian communitG
and a wide range of /sian language newspapers% Regionall based
Triangle TJ, with man ethnic communit programmes, went national as
@tratos on @. and 2reeview% The venture was not 'nanciall viable and
ceased to broadcast in "ecember 20,,%
The 7aci'c $edia Centre and 7aci'c scoop news site were established at
/uc.land (niversit of Technolog% *hitireia 7oltechnic e+panded its
;ournalism training programmes and developed connections with 7aci'c
22
media% 7ublicl funded 7aci'c Radio Niu2$ and 55,pi were amalgamated
into a single national 7aci'c Radio Trust%
2unding for TJNZ?s /sia "ownunder, the onl programme dedicated to the
/sian communit 8which comprises ten per cent of the population9 was
discontinued b TJNZ in 20,,% The programme had run for ,L ears%
/ small number of highC pro'le cases of racial misrepresentation or
denigration resulted in the 7ress council and the 4roadcasting standards
authorit upholding complaints% The complaints included North and @outh
magaQine?s feature on B/sian angstD b "eborah Coddington in 200H, and
comments b Radio -ive?s $ichael -aws and Television New Zealand?s
7aul Henr about the then )overnorC )eneral, the Right Honourable @ir
/nand @atanand, and an !ndian Cabinet $inister, @heila "i.shit, in 200<%
5riorities for 202 5riorities for 202
&mpro*e representation of di*erse communities in the &mpro*e representation of di*erse communities in the
media7 in particular )sian communities$ media7 in particular )sian communities$
Respond to the 0aw Commission6s report on new media$ Respond to the 0aw Commission6s report on new media$
0$ Religious Di*ersity
The 200= census saw an increase in the number of Hindus, $uslims,
4uddhists, @i.hs and those with no religion% Christians made up 55 per
cent of the population, 52 per cent had no religious belief and ,5 per cent
were from other religions% !t is li.el that religious diversit in New
Zealand has continued to grow% There is no data about the e+tent of
growth in religious diversit, however, as the 20,, census was postponed
because of the Canterbur earth>ua.es%
National interfaith forums, bringing di0erent faith communities together,
have continued annuall, e+panding to include speci'c forums for women,
men and outh% The bring together representatives of interfaith groups,
religious leaders, politicians and interested individuals% $ost main centres
now have active interfaith groups% #ach ear a religious diversit forum
focused on polic has been held as part of the New Zealand "iversit
2orum%
25
)overnment initiatives included coCsponsoring the /sia 7aci'c Regional
!nterfaith "ialogue and participating in the (nited Nations /lliance of
Civilisations programme% 4oth inKuenced polic and programmes within
New Zealand% )overnment programmes included B4uilding 4ridgesD and
an /lliance of Civilisations !mplementation 7lan% Responsibilit for these
was delegated to the FIce of #thnic /0airs% The NZ 7olice published a
guide to religious diversit and activel engaged with faith communities%
The Holidas act was amended in 20,0 to enable wor.ers and emploers
to agree to transfer public holidas such as Christmas and #aster to das
of greater personal religious or cultural signi'cance% !mmigration polic
was reviewed to better provide for the immigration of religious wor.ers% /
decision b the $inister of /griculture and 2isheries to remove an
e+emption to the animal slaughter code for .osher slaughter was reversed
after protest from the 3ewish communit%
The Human Rights Commission facilitated the development of a National
@tatement on Religious "iversit which was endorsed at the 200H National
!nterfaith 2orum and launched b the 7rime $inister at the /sia 7aci'c
Regional !nterfaith "ialogue held at *aitangi that ear% The statement was
subse>uentl endorsed b a wide range of faith communities, including
the ma;or Christian denominations and $uslim, 3ewish, 4aha?i, 4uddhist,
Hindu, and @i.h organisations% The Commission publishes a monthl
newsletter on religious diversit and, together with the Jictoria
(niversit?s Religious @tudies 7rogramme, organised the annual religious
diversit forum and published guidelines on religion in public life%
/ (N#@CF chair in interreligious understanding was established at Jictoria
(niversit, and !slamic @tudies programmes were e+panded at Jictoria
and Ftago (niversities, and introduced at the (niversit of /uc.land%
5riorities for 202 5riorities for 202
Raise awareness in "usinesses and wor4places of the need Raise awareness in "usinesses and wor4places of the need
to respect and accommodate religious di*ersity$ to respect and accommodate religious di*ersity$
5romote dialogue "etween faith communities and the media 5romote dialogue "etween faith communities and the media
on the representation of di*erse religions in the media$ on the representation of di*erse religions in the media$
$ Di*ersity Research
2E
Contributed by Professor James Liu of the Victoria University Centre for
Applied Cross-cultural Research
Racism and discrimination
*hereas the annual review of race relations and popular media in general
focus much attention on racism and discrimination, the contents of the
diversit research reports have been more di0use, and more about the
bene'ts and contributions of diversit 8including economic and social
elements9 than its costs and imperfections% )iven the )overnment?s
strategic reliance on s.illed migrants to 'll labour needs and its
concurrent desire for social cohesion as the demographic pro'le of the
countr shifts, this is not surprising% !t is in line with research funding
priorities%
Nothing, however, gets the Bordinar .iwiD more outraged than being
called racist or discriminator, so this is the issue that dominates the
popular agenda% /s a general summar, the facts emerging from research
are that $6ori, 7aci'c and ethnic people do su0er from racism and
discrimination in New Zealand, but not tpicall to the e+tent that the
cannot manage to achieve a fairl high level of life satisfaction% 2re>uenc
of discrimination perceived b minorit group members is generall low,
but this negativel inKuences sub;ective wellCbeing% @everal national
surves suggest that racism and discrimination are most commonl
perceived to be directed against /sians, and e+perienced b /sians above
other target groups% The most li.el cause of this is that /sians as a whole
tend to be new migrants, and less a part of the social fabric and social
identit of being a New Zealander than $6ori 8or 7aci'c9% $6ori 8and
7aci'c9 are more li.el to be targets of structural discriminationA that is,
the are sociall included but economicall marginalised% -ife satisfaction
among all these groups remains high, similar to that of the ma;orit%
The Treaty of (aitangi and the integration of migrants
/t the same time as $6ori are becoming mainstream, both economicall
and sociall, the also continue to be overCrepresented in negative
statistics% There are sections of societ that vocall resent this% 76.eh6MNZ
#uropeans have evolved common was of tal.ing about racism and
discrimination that either den that it e+ists, argue that reverse racism 8in
favour of $6ori9 is more common than racism among 76.eh6, or sa that
what is labelled as racism is actuall something else 8e%g% a natural
hierarch or meritocrac9%
25
Creating new discourses to open up new spaces for visioning a more
inclusive societ have proven diIcult% !n some domains, topCdown
institutional changes 8li.e $6ori TJ, Treat of *aitangi settlements, or
colourCblind liberal immigration policies9 have proceeded in advance of
public opinion% *hereas 76.eh6MNZ #uropeans support biculturalism in
principle, and value $6ori smbolic contributions to the national identit,
the often ob;ect to resourceCbased biculturalism which involves
reparations for historical in;ustices or practices of aIrmative action%
@imilarl, the are in favour of immigration in general, but this support
declines when the migrants are not from traditional #uropeanM*estern
source countries% !t has been diIcult for /sian migrants to maintain the
emploment status and economic standing the had in their source
countries after migrating to New Zealand% These diIculties have
contributed to the rise of /sian BethnoCburbsD, especiall in /uc.land,
which bear watching in the future% Fnce emploed, /sian migrants li.e
other overseasCborn wor.ers have been ver satis'ed with life in New
Zealand% 2or both migrants and hosts, the desired mode of adaptation to
New Zealand is integration, which means .eeping heritage culture intact
and becoming a New Zealander% There is considerable evidence of interC
generational and familCbased processes being involved in this tpe of
integration% There has been some lowClevel tension between biculturalism,
based on the Treat of *aitangi between $6ori and the Crown, and
BmulticulturalismD which is merel an ethnicall inclusive variant of liberal
democrac% This will need to be theorised and discussed in the future
given demographic trends for New Zealand%
!ross)sector integration of research practices and thematic
research dissemination
4ecause the are a relativel small communit, social scientists across
academia and across government agencies dealing with diversit tend to
interact regularl% The often organise and attend conferences togetherG
there is crossCsector collaborationG and there is considerable agreement
that best research practices in the area of diversit involve signi'cant
communit input, and outputs with practical value%
-ess positivel, the sector as a whole functions without ade>uate sources
of research funding% 4oth >ualitative and >uantitative research methods
are widel used, and sometimes in the same pro;ect or pro;ect team%
Health, emploment, and wellCbeing are consistent themes addressed
2=
across a wide variet of research pro;ects% There has been integration of
academic 'ndings and government policies for some research groups%
/s a whole, however, there has et to be a national inventor
documenting the pathwas between research and practice or research
and polic% This could be an important direction for future research
summariesMinventories% The creation of a single point of dissemination and
integration of diversit research 'ndings and polic development and
outcomes might greatl facilitate a more comprehensive upta.e of
researchCbased practices and policies in the future among both
)overnment and nonCgovernmental groups% 7roperl funding such an
integrative e0ort would be essential for success% / solid foundation has
alread been achieved, so lifting the level of communication and
e+change between researchers, )overnment, and nonC governmental
groups to a higher and more integrated level would be a realistic goal for
the future%
)ppendi2 &3 0in4s to #urther &nformation on Race
Relations in New Zealand
$ Human Rights Commission annual re*iews of race relations
Race Relations in 20,,
Race Relations in 20,0
Race Relations in 200<
Race Relations in 200L
Race Relations in 200H
2$ Human Rights Commission Reports
$aori Representation in -ocal )overnmentA The Continuing Challenge
2H
/ 2air )o for /llA @tructural "iscrimination in 7ublic @ervices
%$ Di*ersity )ction 5rogramme 5u"lications
The New Zealand "iversit /ction 7rogramme
National @tatement on Religious "iversit
National @tatement on Race Relations
National @tatement on -anguage 7olic
'$ Human Rights Commission +onthly Newsletters
Fn the 4right @ideA 7ositive Contributions to Race Relations
Te Ngira, "iversit /ction 7rogramme
Te *a.a Reo, -anguage 7olic
Te Porowai *ha.apono, Religious "iversit
Te 7unanga, Refugee !ssues
Nga Reo Tangata, $edia "iversit
*hitiwhiti Porero, Treat of *aitangi
2L