The Indigenous World 2025: Aotearoa (New Zealand)

Written on 25 April 2025. Posted in Aotearoa (New Zealand)

Māori, the Indigenous people of Aotearoa, represent 17.8% of the 5 million population. The gap between Māori and non-Māori is pervasive: Māori life expectancy is 7 to 8 years less than non-Māori; 28% of Māori leave upper secondary school with no qualifications, over 52% of the prison population is Māori,^[1] and 19% of Māori children live in households that experience material hardship compared with 8% of non-Māori.^[2]

Te Tiriti o Waitangi (the Treaty of Waitangi) was signed between the British Crown and Māori in 1840. There is a Māori-language version (Te Tiriti), which most Māori signatories signed, and an English-language version (the Treaty). Te Tiriti granted a right of governance to the British over their subjects, promised that Māori would retain tino rangatiratanga (self-determination or full authority) over their lands, resources and other treasures and conferred the rights of British citizens on Māori. Te Tiriti has limited legal status, however; accordingly, protection of Māori rights is largely dependent upon political will and ad hoc recognition of Te Tiriti.

Aotearoa voted against the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) before endorsing it in 2010. Aotearoa has not ratified ILO Convention 169.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Regression of rights regarding youth

In 2024, the right-leaning coalition government comprising: the National Party, ACT and New Zealand First, pursued a regressive agenda regarding Māori rights.^[3] As discussed below, this regressive agenda has impacted Māori youth as well as Māori more broadly, including in their access to health, welfare, in state care and land and treaty rights. Positively, however, Māori children and youth have been prominent in Māori resistance efforts against this agenda.

Treaty rights threatened

In November 2024, the coalition government introduced the Principles of the Treaty of Waitangi Bill.^[4] In the absence of any actual realisation of Te Tiriti o Waitangi, the principles of the Treaty have become an important tool for Māori within the state legal system. Treaty principles such as partnership (which includes a duty to consult with Māori), active protection of Māori interests guaranteed under the Treaty and good governance have been developed by courts and the Waitangi Tribunal since 1975. The Bill seeks to codify three statutory “principles” that are not reflective of Te Tiriti and provides that only those statutory principles be used in the interpretation of enactments.^[5] This legislation threatens  even the limited recognition of Te Tiriti currently available within the state system. In an urgent report, the Waitangi Tribunal (a permanent commission of inquiry responsible for assessing Crown conduct against the principles of the Treaty of Waitangi)^[6] found that, if enacted, the Principles of the Treaty of Waitangi Bill will be the worst and most comprehensive breach of Te Tiriti o Waitangi in modern times.^[7]

Māori unified in resistance

A series of national hui (meetings) initiated by Kīngi Tūheitia (the late Māori king) to promote a unified Māori response to the coalition governments agenda began on 18 January 2024.^[8]

In November 2024. the biggest hīkoi (protest march) and national protest in Aotearoa’s history occurred. The hīkoi began at Cape Reinga in the far north and culminated in a 50,000-strong protest at parliament.^[9] Organisers Toitū Te Tiriti explained that the hīkoi was “to demonstrate the beginning of a unified Aotearoa response to the Government’s assault on Tangata Whenua (Māori) and Te Tiriti o Waitangi”. They explain that: “This is Generation Tiriti standing up and protecting the rights of all of our mokopuna (grandchildren). We will be affirming the mana (authority) of Te Tiriti o Waitangi as enduring and everlasting.”^[10]

A strong demonstration of the empowerment of Māori youth and the kohanga reo (language nests) generation occurred when Aotearoa’s youngest Member of Parliament (MP), Hana-Rawhiti Maipi-Clarke, tore up the Principles of the Treaty of Waitangi Bill in parliament and performed a haka (ceremonial dance) denouncing it. Hana-Rawhiti Maipi-Clarke was named the 2024 “young politician of the year” by Time Magazine.^[11]

Māori children disconnected in care

In May 2024, legislation to repeal a section of child welfare legislation (section 7AA of the Oranga Tamariki Act 1989) was introduced.^[12] Section 7AA placed duties on the Chief Executive of Oranga Tamariki, including to: reduce disparities for Māori children in state care; and have regard to the mana (honour) and the whakapapa (genealogy) of Māori children and whanaungatanga (kinship) responsibilities of their whānau (family), hapū (extended family) and iwi (nation) in its work.^[13] This provision placed a positive duty on the Chief Executive in respect of Māori children in care connected to their Māori identity and its removal would directly affect Māori youth in, or at risk of going into, state care.

The move to repeal section 7AA is especially concerning because the alienation of survivors of abuse in state care from their Māori identity was highlighted by the Royal Commission of Inquiry into Abuse in Care. The 2024 report found that Māori survivors, in particular, suffered a disconnection from their cultural identity and a sense of disconnection from their whakapapa. This disconnection was one of the most damaging impacts survivors experienced: impacting their sense of self, and their emotional, mental, and spiritual wellbeing.^[14]

The Waitangi Tribunal inquiry into the proposed repeal of section 7AA found that there was a lack of proper consultation with Māori and a risk of negative outcomes for Māori children and urged the government to pause and reconsider the repeal.^[15] The Bill is likely to have its second reading in 2025 as the select committee recommended by a majority that it be passed, despite the opposition parties expressing strong objection.^[16]

Māori Health Authority disestablished

In February 2024, legislation to disestablish Te Aka Whai Ora, the Māori Health Authority, was passed.^[17] Te Aka Whai Ora was established in 2022 to improve the health outcomes and meet the needs of Māori. The Waitangi Tribunal found that Māori did not agree with the Crown action to disestablish Te Aka Whai Ora and were denied the right to self-determine what is best for them.^[18] The Tribunal found breaches of the principles of the Treaty, including tino rangatiratanga, partnership and good government. It criticised the policy process the Crown had followed to disestablish Te Aka Whai Ora for being a departure from conventional and responsible policymaking, stating that the policy process “fell well short of a Tiriti/Treaty consistent process”.^[19]

Māori land rights further threatened 

In September 2024, The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill^[20] was introduced to overturn decisions under the Marine and Coastal Area (Takutai Moana) Act 2011 and tighten the test for customary marine title in the common marine and coastal area (formerly foreshore and seabed). The Bill introduces definitions to the test that would be very difficult to meet. The Waitangi Tribunal issued a highly critical report on the proposed amendments stating that “at present, the Crown’s actions are such a gross breach of the Treaty that, if it proceeds, these amendments would be an illegitimate exercise of kāwanatanga (government)”, and cautioned the Crown “that on the strength of the evidence we have received to proceed now on its current course will significantly endanger the Māori–Crown relationship”.^[21] The Bill is currently before the justice select committee.

Private law win for Māori

In 2024, a significant High Court decision was issued on the long-running Wakatū dispute. In 2017, the Supreme Court held that the Crown owed fiduciary duties to the customary owners of land located at the top of the South Island. Issues of liability, loss and remedy were referred back to the High Court.^[22] The High Court found that the Crown had breached fiduciary duties in not honouring terms to reserve a portion of land for the customary owners and reserve papakāinga (traditional villages), urupā (burial grounds) and wāhi tapu (sacred sites).^[23] Interim findings were made that the Crown holds certain land on trust for the benefit of the customary owners and these claims were not barred by the Limitation Act 1950 because a statutory exception applies to claims for the recovery of trust property.^[24] The Court also held that the plaintiff was entitled to compensation; however, a claim for cultural loss compensation was declined as a novel claim, not previously recognised in the common law.^[25] This decision is notable as the Crown has been held liable under private law. The Crown has appealed the decision.

Māori rights featured in Universal Periodic Review

The human rights situation of Māori was the subject of sustained attention during Aotearoa New Zealand’s fourth UN Human Rights Council Universal Periodic Review. Recommendations from states included that Aotearoa New Zealand address social inequalities experienced by Māori in education, employment, social services, and justice,^[26] develop and implement new policies to address societal and systemic discrimination.^[27]

A number of recommendations concerning Māori youth were made, including: increasing efforts to address the disproportionately high number of young Māori in prison and improve their detention conditions,^[28] addressing the conditions of poverty and related vulnerabilities suffered by Māori children,^[29] and designing specific educational policies and programmes that guarantee the schooling of Māori children with equal rights and opportunities to those of the rest of the population.^[30] These recommendations were supported by Aotearoa New Zealand. However, a recommendation to provide the necessary reparations to Māori in the face of the state's negligence in relation to children in its care and the intergenerational damage caused by the physical, psychological, and sexual abuse inflicted was only noted but not supported.^[31]

Further recommendations included that Aotearoa New Zealand “determine and implement, in consultation and agreement with the Māori, the appropriate constitutional processes to recognize, respect and give effect to the Treaty of Waitangi”^[32] and “continue the process of developing the national action plan relating to the implementation of the commitments and principles enshrined in the United Nations Declaration on the Rights of Indigenous Peoples”.^[33] Unsurprisingly, given the current government’s agenda, these recommendations were only noted. In many instances, the recommendations echoed those of previous cycles with progress towards implementation stalled or digressing.

Additional developments

Positively, in 2024, Te Pire Whakatupua mō Te Kāhui Tupua/Taranaki Maunga Collective Redress Bill,^[34] a collective redress package between the iwi of Taranaki and the Crown to see Taranaki Maunga (mountains of Taranaki) gain legal personhood and the implementation of a co-governance arrangement to manage the national park, was introduced and is at second reading stage.

Future outlook

The conservative coalition government has two more years left in its current term. It is an apprehensive time for many, with a raft of legislative moves to override and diminish Māori rights. However, it is clear that Māori and their allies will continue to act in order to protect and restore their rights. The rise of young Māori leaders and the kohanga reo generation show this resistance will continue through the current coalition government’s term and beyond.^[35]

Julia Harper-Hinton (Ngāti Rangiwewehi) is a lecturer in the Auckland Law School at the University of Auckland. Email her at: This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Notes and references 

^[1] Statistics New Zealand. http://www.stats.govt.nz. (These statistics are primarily drawn from the 2023 Census). 6 July 2023.

^[2] Child Poverty Action Group. “Child Poverty Action Group, CPAG Policy Brief: Māori Child Health”. Accessed 17 January 2025. https://www.cpag.org.nz/policy-briefs/maori-child-health

^[3] Eva Corlett. “Revealed: the impact of New Zealand’s changes to policies affecting Māori”. The Guardian, 29 July 2024. https://www.theguardian.com/world/ng-interactive/2024/jul/29/new-zealand-coalition-government-policy-changes-maori-impact-revealed.

^[4] Principles of the Treaty of Waitangi Bill, Government Bill 94-1. 2024.

^[5] Ibid. at section 7.

^[6] The Treaty of Waitangi Act 1975, section 5, 6.

^[7] Waitangi Tribunal. “Ngā Mātāpono – The Principles: Part II of the Interim Report of the Tomokia Ngā Tatau o Matangireia – the Constitutional Kaupapa Inquiry Panel on the Crown’s Treaty Principles Bill and Treaty Clause Review Policies”. 2024, p. 109. https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_221817323/Nga%20Matapono%20Ch6%20W.pdf

^[8] Jamie Tahanha. “What the Kiingitanga is, and why its mana and relevance endures”. The Spinoff, 25 January 2024. https://thespinoff.co.nz/politics/25-01-2024/what-the-kiingitanga-is-and-why-its-mana-and-relevance-endures.

^[9] Ian Powell. “Haka, hīkoi and the empowerment of the Kohanga generation”. The New Zealand Herald, 19 December 2024. https://www.nzherald.co.nz/kahu/haka-hikoi-and-the-empowerment-of-the-kohanga-generation/G436COQ7EZCWPNICTKYYW6JRXY/.

^[10] Toiti te Tiriti. ”Our Kaupapa”. N.d. https://toitutetiriti.co.nz/pages/kaupapa.

^[11] Chad De Guzman. “Meet New Zealand’s Gen Z Māori Guardian in Parliament”. Time, 16 October 2024. https://time.com/collection/next-generation-leaders/7071913/hana-rawhiti-maipi-clarke/

^[12] Oranga Tamariki (Repeal of Section 7AA) Amendment Bill, Government Bill 43-2. 2024.

^[13] Oranga Tamariki Legislation Act 2019, section 7AA.

^[14] Royal Commission of Inquiry into Abuse in Care. “Whanaketia -Through pain and trauma, from darkness to light”. 2024, at 390. https://www.abuseincare.org.nz/reports/whanaketia

^[15] Waitangi Tribunal. “The Oranga Tamariki (Section 7AA) Urgent Inquiry”. 2024, at 35.

^[16] Oranga Tamariki (Repeal of Section 7AA) Amendment Bill, Government Bill 43-2.

Government Bill As reported from the Social Services and Community Committee. 2024. https://www.legislation.govt.nz/bill/government/2024/0043/latest/d11918167e2.html

^[17] Waitangi Tribunal. “Hautupua: Te Aka Whai Ora (Maaori Health Authority) Priority Report, Part 1”. 2024. https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_223039188/Hautupua%20PP%20W.pdf

^[18] Ibid. at xv.

^[19] Ibid. at 70.

^[20] The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill, Government Bill 83-2. 2024. https://www.legislation.govt.nz/bill/government/2024/0083/latest/LMS993613.html

^[21] Waitangi Tribunal. “Waitangi Tribunal Report 2024: Takutai Moana Act 2011 Urgent Inquiry Stage One Report”. 2024, at 71. https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_219206368/Takutai%20Moana%20Urgency%20W.pdf

^[22] Proprietors of Wakatū and Others v Attorney-General [2017] NZSC 17, [2017] 1 NZLR 423. https://www.courtsofnz.govt.nz/assets/cases/2017/2017-NZSC-17.pdf

^[23] Stafford v Attorney-General [2024] NZHC 3110. https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZHC-3110.pdf

^[24] Ibid. at [43]–[44] and [776]–[859].

^[25] Ibid. at [775].

^[26] UN Human Rights Council. “Report of the Working Group on the Universal Periodic Review: New Zealand”. 29 April 2024. UN Doc A/HRC/57/4/Add.1 at [132.242], [132.243]. https://documents.un.org/doc/undoc/gen/g24/089/58/pdf/g2408958.pdf

^[27] Ibid. at [132.45], [132.247], [132.248].

^[28] Ibid. at [132.67], [132.68], [132.69], [132.70]

^[29] Ibid. at [132.201], [132.202], [132.203], [132.205], [132.207], [132.210], [132.209], [132.210].

^[30] Ibid. at [132.148].

^[31] Ibid. at [132.84].

^[32] Ibid. at [132.32].

^[33] Ibid. at [132.226].

^[34] Te Pire Whakatupua mō Te Kāhui Tupua/Taranaki Maunga Collective Redress Bill, Government Bill 293-2. 2024. https://www.legislation.govt.nz/bill/government/2023/0293/latest/whole.html%22%20/l%20%22d3883550e463

^[35] Eva Corlett. “‘We’re not going away’: the man who led NZ’s biggest Māori rights march vows to fight on”. The Guardian, 5 December 2024.

 https://www.theguardian.com/world/2024/dec/05/eru-kapa-kingi-new-zealand-maori-hikoi-protest-treaty

Tags: Land rights, Youth, Human rights