The India-New Zealand Free Trade Agreement has officially come into law after receiving royal assent earlier this month, sparking a coalition dispute over references to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Trade Minister Todd McClay defended the inclusion of the UN framework by stating it carries no binding legal effect, while Minister of Foreign Affairs Winston Peters argued that politicians, rather than officials, should determine what is appropriate under coalition agreements.
Official Advice and Coalition Agreement Terms
Ministry of Foreign Affairs and Trade officials prepared a note for the Minister of Foreign Affairs under the Official Information Act, confirming that the reference to UNDRIP has no binding legal effect on New Zealand. According to official advice, the note aligns with page 10 of the Coalition Agreement, which states that the Coalition Government does not recognise UNDRIP as having any binding legal effect. The agreement also includes a commitment to stop all work on He Puapua.
Winston Peters previously claimed the reference to UNDRIP was snuck in and stated that the UN framework created He Puapua and co-governance being embedded in the country. Official advice given to Peters explicitly stated that the reference does not create any legal obligations or otherwise change or expand New Zealand’s position on UNDRIP. Peters maintained that the inclusion is contrary to the coalition agreement with National in the current Government.
Did You Know? The United Nations declaration was originally adopted in 2007, and New Zealand expressed formal support for it in 2010 under then-Prime Minister John Key, who noted that while non-binding, it affirmed accepted rights and established future aspirations.
Legal Interpretation of International Trade Agreements
Trade Minister Todd McClay told Newstalk ZB that UNDRIP was first included in the UK Free Trade Agreement, followed by the EU Free Trade Agreement and the UAE Comprehensive Economic Partnership Agreement, all of which passed under this Parliament. McClay noted that its inclusion does not impose any obligation on New Zealand law or policy, and the reservations expressed by New Zealand remain in force.
Further advice given to McClay in late June detailed how different trade deals reference the UN declaration. The UK and EU agreements note UNDRIP and reference the parties’ national positions, the UAE agreement recognises the importance of UNDRIP, and the India agreement affirms it subject to respective positions. Officials informed McClay that there is no legal difference between notes, recognises, and affirms regarding the status of UNDRIP.
Legal status of UNDRIP in New Zealand trade agreements
What is the legal status of UNDRIP in New Zealand trade agreements?
Official advice states that references to UNDRIP in trade agreements carry no binding legal effect and do not change or expand New Zealand’s position, in accordance with the Coalition Agreement.
Which recent trade deal has officially become law?
The India-New Zealand Free Trade Agreement has officially come into law after receiving royal assent earlier this month.
What does the Coalition Agreement say about UNDRIP?
Page 10 of the Coalition Agreement states that the Coalition Government does not recognise UNDRIP as having any binding legal effect on New Zealand and includes an agreement to stop all work on He Puapua.
? How will future coalition dynamics respond to international treaty obligations involving UN frameworks?