Human Rights Commission News

Human Rights Commission News

TŪRANGAWAEWAE

Human Rights Commission News

Ngā mihi o te waa

On 13 March the Supreme Court found that the government offers in relation to uninsured properties and vacant land in the red zone, Christchurch were unlawful and has directed the Minister for Canterbury Earthquake Recovery to reconsider his decisions.

I am pleased that the Supreme Court found that although insurance status was one relevant consideration, other relevant considerations such as the social, economic, cultural and environmental well being of communities, weighed against it being the top factor in the government’s offer in relation to owners of uninsured properties and vacant land.

The Crown had argued that those in the red zone could choose not to sell and instead remain. But the Supreme Court did not accept that:

"We accept the Human Rights Commission's argument that the red zone decisions meant that residents in the red zone were faced with either leaving their homes or remaining in what were to be effectively abandoned communities, with degenerating services and infrastructure."

Government must now act swiftly and take an individualised approach to each of the families remaining in Christchurch’s red zone.

The Human Rights Commission’s view is that decisions concerning the Red Zone should have taken into account human rights principles. This could have happened if government had followed the process set out in the CERA Act. The failure to do so has - and continues to - negatively impact on the mental and physical health, housing and property rights of the people affected by the decisions.

The Government has an opportunity to put things right now and needs to ensure that its human rights obligations in reconsidering these and future decisions are properly taken into account.

Ka kite anō

“He tangatatino ū ki ōna i whakapono ai a TākutaĀpiranaMahuika, he rite kitōnamaunga o Hikurangi, arākāoreiamōteneke. KoteNaatitetīmatanga me tewhakaotingamōna, koiaiarohamaiaiōnakaitautoko, ikawamaiaiōnakaiwhakahē”

Ngati Porou.com

Api jpg

TākutaĀpiranaMahuika (Api) (1 Mei 1939 – 9 Pepuere 2015)

Ka roa e taimahaana, kātahi ka mate a TākutaĀpiranaMahuika, heamana o NgātiPorou, ite Mane te 9 o PepuerekitōnakāengakiKaitikiroto o Tūranga. Ka takotoiakitōnamarae o Te RāhuikiTikitiki, ā, nōmurimaiitekarakianehuiteTaite ka nehuaiakiteurupā o ōnamātuatīpunakiKaitaha.

He tangatawhaimātauranga a TākutaApiranaMahuika, he rangatirahoki. I rotoingā tau, iriroi a ia he TohuMinitaHāhi (L.TH.); he TohuPaetahi (i Te WhareWānanga o TāmakiMakaurau); he TohuPaerua (i Te WhareWānanga o PoihākenakiAhitereiria), ā, iwhakawhiwhiahokiiakitētahiTakutatangaWhakahōnore e Te WhareWānanga o Waikato. Tērāanōhokitētahitohuwhakahirahiraiwhakawhiwhiaki a ia e Te PouHerengaTaongaite tau 2005 mōānamahikitetohuingāwahitapu me ngāwāhimanatukuiho.

Tērāanōtewāinohoiaheikaiako, arākiTīpene, ki Te Kura ā-TuhikiPōneke, ki Te KāretiWhakaakoKaiako o Pōnekehoki. Nōna ka tīmatatetariMāoriki Te KunengakiPūrehuroa (Massey University), ā, he pourangahauhokiiai Te WhareWānanga o Waikato.

Nōna ka nohoheiheamanamō Te Rūnanga o NgātiPorou, ka mihiaiamōānamahikiteārahiingāhuarahiohanga, ingāhuarahitōrangapū, ingāhuarahiahureahoki o tōnaiwi. Koiatekaiwhakahaere o ngākerēme a NgātiPorouiwhakatauriaite tau 2012.

TākutaĀpiranaMahuika (Api) (1 Mei 1939 – 9 Pepuere 2015)

Kiteanuitiatōnarangatiratangaingākaupapamahakirotoitōnatakiwā o NgātiPorou, kitemotuwhānuihoki, arā he kaupapamātauranga, he kaupapapāpori, he kaupapataiao, he kaupapaohanga, he kaupapatōrangapūhoki. Nōte tau 2012, ka kīiaia e Te Apārangi (arākote Royal Society of New Zealand): "he

Hikurangi maunga snow jpgkaiārahikirotoitenuinga o ngākaupapatōrangapū me ngākaupapa o tewāipākingāiwikirotoingā tau o nātatanei.”

Heitā Te HungaRōiaMāori o Aotearoa, he taniwhaianōrotoitōnaiwi o NgātiPorouirangonaneiōnamana e tetokomaha: “ka maharatia a TākutaMahuikamōānamahikirotoitōnaiwi o NgātiPorou, me Te AoMāoriwhānui.”

E kīanaaMārama Fox, kaiārahitakirua o tePātiMāori, e hauanaterongomōtōnatohungatangakitewhaikōrero, reo Māorimai, reo Pākehāmai: “kotōnapaitērākitewhakatakotoiōnawhakaaro, kotōnatohungatangatērākingāāhuatanga o temarae, ka uauate kite iēneirangi. He poumātaurangaia, he rangatirahoki.”

He nuingāpānuipāpahoikīai he tōtaranuiiakuahinganei. Kei tekōrero a teKaikōmihanaMatua o NgāPirihimanatepito o tekupumōtewhakaaronui o TākutaMahuikamōtōnaakeiwi me tātaukatoa o Aotearoanei.

Heitā Mike Bush, KaikōmihanaMatua o NgāPirihimana:

“Ko UncleApitōnaingoakarangarangakirotoiNgāPirihimana o Aotearoa, ā, he pouianōteRōpūTohutohuMāori o teKaikōmihana. He nuitewāhiki a iakirotoingāmahiwhakakahaingāhonohononga a NgāPirihimanaki a NgāiMāori, ā koiatētahi o ngākaititomatua o tāmātaukaupapaMāori.

“Nā Uncle Apiiparatehuarahimōmātau, ā, nānamātauiārahikirotoitemoanapukepuke e putaai he tinotauiramōtemahitahi a NgāPirihimana o Aotearoaki a NgāiMāori.

“Kei teoratonutōnamana me tōnawairua.”

Nāreira, eterangatira, e Api, takoto, takoto, takoto. Kei tetinomamaete tau o te ate, ngāmōteatea, ngāwhakaarokeiroto i a au. Nāreira, haere, haere, haere.

For the English translation please click here.

Access to education

Disabled children have the same right to education at their local school as other children. In 2010 the governmentannounced its target of having 100 percent of schools being either mostly inclusive, or have some inclusive practices by 2014.

The 2010 Education Review Office (ERO) report found that only fifty per cent of schools surveyed were fully inclusive, 30 percent were partially inclusive and 20 percent were not inclusive.

The latest ERO reportreleased in March ranked 78 percent of schools mostly inclusive, up from 50 percent from the 2010 report. The proportion of schools with few inclusive practices dropped 19 percentage points.

Education Minister HekiaParata welcomed the report saying it shows the government is just about there with their target, with 99 percent of schools having at least some inclusive practices.

“The ERO report shows a sea change is underway. Schools have become much more welcoming places for children with special educational needs. Schools can be proud of the progress they have made,” says Ms Parata.

“The report has some great examples of effective practice in schools and ERO tells me that there was no shortage of these examples compared to what was available for the earlier report.”

But CCS Disability Action warned that the two reports were not directly comparable because the 2010 report focussed solely on students with high needs while the latest report covered all students with special education needs.

Disability Commissioner Paul Gibson says that while the ERO inclusion rates are going up, the report evidently shows that a quarter of our schools are a long way off welcoming all children in their community into their schools.

“While there has been some progress in getting schools prepared and able to accept all children, part of this work is to change the culture of accepting that it is okay for disabled children to be schooled elsewhere, when it is absolutely not okay,” he said.

“I agree with CCS Disability Action that it is quite possible, and entirely legal, for the Ministry to look into a range of alternatives and tools to achieve the government’s inclusion target such as engaging a commissioner in schools that are failing to meet standards,” Mr Gibson said.

Paul Gibson met last week with the National Director of Special Education Services, Dr David Wales and Strategic Policy Manager Bryan Coffey to discuss gaining more progress on improving inclusiveness in schools.

S 08 Human Rights Communications Multimedia Resources Images Disability images Yaldhurst students signing M MacDonald jpg

Yaldhurst students signing

Peseta Sam Lotu-Iiga

Offical Headshot Peseta cropped jpgThis year’s renaming of the Office of Ethnic Affairs to

Office of Ethnic Communities provided Tūrangawaewae with a good opportunity to interview the Minister for Pacific Peoples and Ethnic Communities, Peseta Sam Lotu-Iiga.

The Minister says the driver for the name change of the office was to bring about greater alignment with New Zealand’s ethnic communities and to promote the benefits of ethnic diversity to New Zealanders.

“It is important that our ethnic communities are empowered to expand their horizons so that they can play a more active role in shaping the New Zealand of tomorrow,” Peseta Lotu-Iiga explains.

“As Minister for Ethnic Communities and MP for Maungakiekie in Auckland, I truly believe that New Zealand is a fair and tolerant society that embraces ethnic diversity and celebrates it.”

The Minister does though think there is always more work to be done to improve our understanding of others’ cultures.

“If you understand and are familiar with another culture, you will not fear it,” he says.

“Getting to know your neighbours, going to cultural festivals and eating at ethnic eateries may sound small, but if everyone makes a small change in their local community, that is a start to greater understanding.”

The Human Rights Commission is developing a National Plan of Action due for completion at the end of June. The Plan includes addressing domestic violence. We asked the Minister about his views on this problem of violence against women and children.

The Minister says domestic violence occurs across all cultures, and Pacific cultures are no exception.

“Domestic violence has no place in our society. There should be absolutely no tolerance for it and there is no excuse for turning a blind eye to it,” he said.

“Education is the key to stopping domestic violence. Offenders need rehabilitation to stop their violence

but also, women need to know they are not to blame and have a place to turn.”

“It is important for offenders to know, it is not okay.”

Click here to read the biography of Peseta Sam Lotu-Iiga.

Sovereign CE recognised for gender equality

SymonBrewis-Weston has become one of only five chief executives around the world to be recognised by the United Nations (UN) for his progressive approach to workplace diversity and community engagement. He is the second New Zealand CE to receive the Women’s Empowerment Principles (WEP) CEO Leadership Award. He received this at the UN headquarters in New York on 10 March.

WEPsis a joint initiative of UN Women and the UN Global Compact aimed at empowering women to participate fully in economic life across all sectors.

CE Sovereign jpgWednesday, Mar 11, WEPs NZ chair, Sue Kedgley, says she is delighted to see a New Zealand company and signatory of the NZ WEPs leading the way in gender equity and receiving international recognition for doing so.

“This award will send a clear signal to others that their business will be enhanced if they actively embrace gender equity and employ more women at all levels of their organisation,” she said.

Brewis-Weston joined Sovereign in March 2013 with a clear purpose to “shake up the insurance industry in New Zealand” in gender equity and other areas.

Over the past two years, he has addressed diversity and gender imbalance, established a committee to lead diversity and inclusion initiatives focused on gender balance, cultural diversity, generational diversity, flexible working and support for the LGBTI community.

Some of the resulting successes have included a reduction in the gender pay gap at Sovereign, which is now sitting at 4 percent (compared to the national average of 9.9 percent), and an increase in female representation on the executive leadership team, which has grown from 18 percent in 2010 to 45 percent in 2014.

There are currently 46 NZ businesses committed to embedding WEPs in their organisation and improving gender equity and empowering women in their workplaces. There are seven key UN Women’s Empowerment Principles, visit (

Race Relations Day 21 March – Governor General Lt Gen Rt HonSir JerryMateparae

During 2015 New Zealanders will commemorate significant anniversaries of events that have helped shape this nation. One of the most important anniversaries is the 175th of the signing of the Treaty of Waitangi, between the British Crown and Māori.

The Treaty marks the beginning of modern New Zealand. It gave the rights of British citizenship to all New Zealanders, and envisaged an ongoing partnership between the Māori and British peoples. From a partnership between two peoples 175 years ago, we have progressed to a multi-faceted partnership with over 200 ethnic groups now calling New Zealand their home.

The Treaty, therefore, is the starting point for race relations in New Zealand. It’s vital that all our citizens, no matter where they have come from, understand its fundamental importance as the founding document of this nation – and the special place Māori have as the first-people of this land and their willingness to share this stunning land with others.

In 1840, when the first Māori chiefs signed the Treaty at Waitangi, the British representative, Captain William Hobson famously said “He iwi tahi tātou” – “We are one people”.

Today I want to reflect on what that statement - “We are one people” - means to the incredibly diverse population of the New Zealand of today.

My first observation grows out of a personal experience last year, when I took part in National Geographic’s Genome Project. Basically, that meant having my DNA analysed to trace the routes taken across the planet by my ancestors.GG event jpgWhat it brought home to me was the diversity that lies within all of us. My DNA traces the movement of my ancestors across to Asia, through the Pacific and to New Zealand. Also though, my recent-DNA tells of a heritage shared with people from Northern Europe, the Mediterranean and Southern Asia.

So in a sense, we are truly all one people, whose ancestors embarked on an incredible journey to share this beautiful, fragile planet. I like to think that by increasing our understanding of those common links will help us work together to solve the global problems that we all face.

“We are one people” does not mean that we all have to have the same culture and social practices. What it does mean is that we have to find ways of uniting, of opening lines of communication and of working together. As the humanitarian and civil rights campaigner Martin Luther King observed: “We must learn to live together as brothers or perish together as fools”.

“We are one people” compels us to hold on firmly to fundamental values that are important to us all. Organisations like the Human Rights Commission remind us that in this country there is a commitment to a free, fair, safe and just New Zealand; where diversity is valued and human dignity and rights are respected.

The Governor General’s full speech given at the Government House event in Auckland can be read here.


Avoiding the First Week Blues

Being bullied at school was miserable for Jesse Greenslade, but launching his children’s book at the Human Rights Commission’s Auckland office was a great experience he says.

Chief Human Rights Commissioner David Rutherford was invited to write the foreword for First Week Blues the new anti-bullying fiction story for young children and their parents:

‘Each of us has a human right to feel safe and to live a life free from bullying.Bullies are show-offs and like an audience, so the challenge to all of us is to be brave, to stand up to bullies and stand up for other people. By being brave and kind, anyone of us can ensure that those who are bullied or abused are supported, because they know they are not alone and what is happening is not okay.

In First Week Blues Jesse Greenslade tells a story of a time in our lives when we are most likely to be excluded because we go to a new place where we do not know anybody and feel different from others. The story reminds us that everyone has fears to overcome and sometimes need support to do so. I ask you to be brave like Blue, to keep on showing your talents, and to be kind like Pukeko.’

David Rutherford remains concerned the Ministry of Education is not collecting data about incidents of bullying in schools across New Zealand and questions how schools know if their work to stop bullying is actually working.

“The is no clear data that gives the people that need to change the situation a picture of what is going on in terms of bullying in schools,” he said.

Mr Rutherford is a member of the Bullying Prevention Advisory Group..

About thirty people attended the launch, including three Commissioners and the chief executives of The Life Education Trust and Child Matters. The book was read out in character by the Auckland City Library purchaser Annette Piggin and colleague Beverley Buffett. The Life Education Trust is using the story in its curriculum this year and has bought 120 copies. First Week Blues can be bought online at (

News in brief

Mastercard research finds women are not calculating the future

MasterCard’s MasterIntelligence research on money management found 95 percent of women are extremely confident in their ability to budget day-to-day finances, but fewer women than men are investing and saving for their retirement.

The survey found that 60 percent of women have not calculated the amount

of funds they will need for retirement and 59 percent of women are not saving for precautionary measures.

“The level of basic money management is strong, but the areas where women are furthest behind are arguably the most important to reduce the gender gap in financial literacy,” says Peter Chisnall, New Zealand Country Manager for MasterCard.

When asked about the most important initiative to advance women’s role in society, a quarter of those surveyed stated better parental leave provisions for both genders.

This was followed by 19 percent wanting more women on company boards and 14 percent stating there should be more women in Parliament.

Community law centres highlight beneficiaries’ legal needs

Beneficiaries have significant unmet legal needs and face many barriers accessing legal help according to a research report released by Community Law Canterbury.

“The research shows that while beneficiaries’ needs range from information to representation, their access to justice is most compromised when they need a representative and are unable to find one,” says project leader Kim Morton.

A prominent barrier identified in the research says that beneficiaries do not think of problems with their benefit as something they can get legal help with. The cost of paying for a lawyer can be another barrier.

“Private practice lawyers are out of the reach of most beneficiaries. Although community law centres’ services are free, we found low levels of awareness of community law centres, the services they provide, and who can access them. This suggests community law centres need to communicatetheir purpose and role more clearly,” says Ms Morton.

The report can be accessed here.

News in brief continued...

Vodafone’s new maternity policy

Expectant mothers employed by Vodafone New Zealand will be entitled to a new level of financial support and flexibility, which means primary caregivers* who return to Vodafone within 12 months receive full pay for a 30-hour week for the first six months.Inaddition, soon-to-bemothers will be offered 16 weeks pro-rata paid leave through top ups of the government’s Paid Parental Leave, to full pay.

“Our initiative is a special way of ensuring that we support our people; our most valuable resource. Through our new policy, we estimate a working parent could save around $1800** in childcare in their first six months back at work and be able to spend an additional 240 hours with their child,” says Vodafone CEO Russell Stanners.

“At the moment, 37 percent of our employees in New Zealand are female, with women making up 38 percent of our senior leadership team. We believe this new maternity policy will play an important role in helping to increase those figures,” he said.

*The policy applies to expectant/returning mothers at Vodafone or whichever parent takes on the role as primary caregiver. To qualify, the mother or primary caregiver must work full-time at Vodafone.

**Daily rate calculated on an estimated Auckland cost of $75 in childcare.