Open AccessReport from the Inside: The CERD Committee's Review of the Foreshore and Seabed Act 2004
Author(s) -
Claire Charters,
Andrew Erueti
Publication year - 2005
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v36i2.5597
Subject(s) - prime minister , political science , context (archaeology) , intertidal zone , law , legislation , action (physics) , perspective (graphical) , public relations , engineering , oceanography , politics , geography , computer science , archaeology , geology , physics , quantum mechanics , artificial intelligence
This paper describes, from the perspective of the advocates for Māori claimants, the substance of submissions to, and process followed by, the United Nations Committee on the Elimination of Racial Discrimination in determining that the Foreshore and Seabed Act 2004 discriminates against Māori. The paper has a number of functions: it illustrates that, contrary to the Prime Minister's suggestions, the process followed by the Committee was robust; provides much needed comment on the Committee's early warning and urgent action procedure; should be useful to other individuals or groups seeking to challenge legislation in international fora; and, finally, sheds light on the Committee's succinct decision by placing it within the context from which it emerged.