Tüi Tüi Tuituiä Race Relations in 2008 Human Rights Commission Te Kähui Tika Tangata www.hrc.co.nz ContaCt the Commission Tamaki Makaurau – Auckland 10th Floor, Tower Centre, Cnr Queen and Customs Streets PO Box 6751, Wellesley Street, Tamaki Makaurau Auckland 1141 Waea Telephone (09) 309 0874 Waea Whakähua Fax (09) 377 3593 Te Whanganui a Tara – Wellington PO Box 12411, Thorndon, Te Whanganui a Tara Wellington 6144 Waea Telephone (04) 473 9981 Waea Whakähua Fax (04) 471 6759 Otautahi – Christchurch PO Box 1578, Otautahi Christchurch 8140 Waea Telephone (03) 379 2015 Waea Whakähua Fax (03) 353 0959 Human Rights Commission InfoLine 0800 496 877 (toll free) Language Line (an interpreting service) is available upon request Appointment with sign language interpreter available on request TTY (teletypewriter) 0800 150 111 Fax (09) 377 3593 (Attn: InfoLine) Email [email protected] http://www.hrc.co.nz The cover artwork was designed by Studioworx for the Human Rights Commission’s Race Relations Day poster, titled People In Your Neighbourhood. ISBN: 978-0-478-32935-3 ISBN: 978-0-478-32936-0 (PDF) Published March 2009 Aotearoa New Zealand Design: Gang Design, www.gang.co.nz HUMAN RIGHTS COMMISSION | RACE RELATIONS REPORT 2008 1 The Human Rights Commission • facilitating the New Zealand Diversity Action and Race Relations Programme, and maintaining programme networks for issues such as interfaith cooperation, media, language The main functions of the Human Rights Commission policy and refugees under the Human Rights Act 1993 are to promote and protect human rights; to encourage the development • organising the annual New Zealand Diversity Forum of harmonious relations; to promote equal employment • acknowledging positive contributions to race relations opportunities; and to provide a dispute resolution service through the award of certificates and the publication of for complaints of discrimination on the grounds (among the awards in a widely distributed monthly e-newsletter others) of colour, race, and ethnic or national origins. • promoting community participation in diversity events, The Act also provides for the appointment of a Race including Race Relations Day and Mäori Language Week Relations Commissioner to lead the Commission, in • publishing an annual review of developments and conjunction with the Chief Commissioner, on matters issues in race relations relating to race relations. • providing a disputes resolution service for complaints The Commission encourages the maintenance and about discrimination development of positive race relations through a variety of programmes, including: • providing public comment, advocacy, research, information and education on race relations • promoting implementation of the New Zealand Action Plan for Human Rights • liaising with the United Nations, international organisations and other national human rights • building a better understanding of the human rights institutions on race relations issues. dimensions of the Treaty of Waitangi This report is part of the Human Rights Commission’s contribution to the New Zealand Diversity Action Programme for 2009. For further details of the programme visit: www.hrc.co.nz/diversity. 2 HUMAN RIGHTS COMMISSION | RACE RELATIONS REPORT 2008 3 Ngä Kaupapa Contents 1. Körero Whakataki: Overview 4 2. Te Takapiringa: Chronology 8 3. Mahi Rerenga Këtanga: Action on Diversity 10 4. Whakahäweatanga: Discrimination 20 5. Te Tiriti o Waitangi: Treaty of Waitangi 30 6. Ngä Tika Tangata: Human Rights 46 7. Te Hekenga më te Whakatau: Migration and Settlement 56 8. Reo: Language 66 9. Päpäho: Media 72 10. Rerekëtanga Whakapono: Religious Diversity 78 Täpiritanga 1: Te Rangahau Whänui Appendix 1: Overview of Diversity Research 84 Täpiritanga 2: Mana ki te Tangata – Te Ahu Whakamua Appendix 2: Progress on the New Zealand Action Plan for Human Rights 96 4 1. Körero Whakataki Overview Whakarongo ake au ki te tangi ä te relations and a multicultural society. Party lists, especially manu nei, ä te mä-tui. Tüi-tüi-tuituiä. those of the major parties, gave high places to Mäori, Tuia i runga, tuia i raro, tuia i waho, Pacific and Asian candidates. The election produced not only the most diverse Parliament ever with increased tuia i roto. Tuia te here tangata kä rongo numbers of Pacific and Asian MPs, but also resulted te Pö, kä rongo te Ao. Tüi-tüi-tuituiä te in a confidence and supply agreement between the whanaungatanga o te tangata. National Party and the Mäori Party. The agreement included ministerial positions for the co-leaders of the Mäori Party IntroductIon and reviews of the Foreshore and Seabed Act and of This is the fifth annual review of race relations in New constitutional arrangements in relation to the Treaty. There Zealand. Its purpose is to record the major events, issues was a commitment to maintain the momentum of Treaty and developments of the past year and, on the basis of the settlements. available evidence, to identify issues that need to be addressed to maintain and enhance positive race relations Following the election, the National Party now has as many in the year ahead. The shape of the report varies from Mäori MPs as the Labour Party, and the combined total of year to year, depending on events. This year, there is more seven National Party and five Mäori Party MPs associated in on the Treaty of Waitangi (the Treaty), discrimination and government is 12. National also has one Pacific and three human rights, and less on migration, arts and culture, Asian MPs. The Labour Party has seven Mäori MPs, four settlement, language, media and religious diversity. That is Pacific and three Asian. Of the remaining parties only the because one of the outstanding developments of the last Greens have a Mäori MP. The overall total of Mäori, Pacific year was the extent and pace of Treaty settlements and and Asian MPs is 31 out of a Parliament of 122 members other Treaty related matters, which therefore occupy more (25 per cent). There are two Mäori ministers and one space. Similarly, the human rights chapter deals with Chinese minister in Cabinet, and two Mäori ministers (from some key issues in policing, the criminal justice system, the Mäori Party) outside Cabinet. Of these five (18 per cent employment and education. Discrimination, harassment of ministers), all but one are women. and race-hate crime, particularly as they affect Asian New Zealanders, also receive more attention. Race Relations in 2008: Executive Summary the general electIon Some key points from each section of the report are General election campaigns are always a touchstone for outlined along with the challenges for the coming year: race relations. In 2005, there was a strong focus on Mäori issues sparked by then National Party leader Don Brash’s actIon on dIversIty Orewa speech questioning the contemporary relevance The diversity of New Zealand’s population continues to of the Treaty and “race-based” policies. That year also increase. Many organisations, including community groups, featured the emergence of the Mäori Party in response faith communities, museums, galleries, libraries, media, to the passing of the Foreshore and Seabed Act. In 1999 businesses and central and local government are and 2002, the New Zealand First Party emphasised its responding to this diversity in many different and creative anti-immigration platform in response to increased Asian ways. There was a high level of participation in the New migration. Zealand Diversity Action Programme, Race Relations Day Race relations were more of a positive issue in the 2008 and the New Zealand Diversity Forum. The newly released election campaign, with political parties seeking to out-bid Race Relations Statement offers a simple framework each other for the Mäori, Pacific and migrant vote, as well within which to discuss the status, the challenges and the as the general vote, with a vision of improved Crown-Mäori opportunities of diversity. HUMAN RIGHTS COMMISSION | RACE RELATIONS REPORT 2008 5 2009 marks the fifth anniversary of the New Zealand The new government has a target of completing the Diversity Action Programme, which will be celebrated at settlement of all historical Treaty claims in the next six the Diversity Forum in Wellington in August. New Zealand’s years, six years earlier than envisaged by the previous performance in human rights and race relations will be government. The momentum of Treaty settlements reviewed by the United Nations Human Rights Council in will therefore need to be maintained. The review of Geneva in May. the Foreshore and Seabed Act and of constitutional arrangements are other important challenges. dIscrImInatIon Perceived discrimination against Asian people increased, human rIghts but at the same time a greater number of New The focus in 2008 was strongly on the police, with the Zealanders felt warmly towards them, and there was previous year’s raids, that became known as Operation increased personal interaction, particularly in urban areas. 8, having their sequel in the courts, ethnic communities’ A man was convicted of the race-hate murder of a Korean perceptions of the Police coming under the spotlight, and backpacker on the West Coast five years ago and there was Asian Aucklanders coming out in a mass protest against an increase in media reports of racially motivated crime. crime. The disproportionate rate of Mäori imprisonment The highest number of race-related complaints to the remained a concern. The Ministry of Social Development’s Human Rights Commission concerned discrimination 2008 Social Report indicated some improvement in social (in employment and the provision of goods and services) and economic outcomes for both Mäori and Pacific peoples and racial harassment. but noted the persistence of significant inequalities in health, safety and housing. Other surveys indicated positive The only means of measuring instances of racially trends for Mäori and Pacific peoples in employment and motivated crime at present is to monitor media reports, education. A major strategy for improving Mäori educa- as the police do not collect data about complaints, tional outcomes was launched.