Energy and Resources Minister Gerry Brownlee’s refusal today to rule out the possibility that iwi could claim compensation for petroleum resources, shows that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is having an effect on New Zealand law, ACT New Zealand Energy & Resources Spokesman David Garrett said today.

“The National Government has previously claimed the United Nations Declaration on the Rights of Indigenous Peoples would have no impact on New Zealand law. Gerry Brownlee’s admission during question time shows this is not the case,” Mr Garrett said.

“When asked if he could rule out paying compensation to Maori for any claimed loss of ownership of petroleum, he refused to do so.

“This comes on top of an embarrassing concession by one of his officials, to the Waitangi Tribunal, that the Crown has an obligation to investigate claims of customary rights to petroleum resources.

“If customary rights over petroleum resources can be established, under Articles 10, 26 and 32 of the Declaration, the Government may be obliged to provide compensation to Maori, despite any objections Mr Brownlee may have.

“The Government is blithely assuming that its assurances that the UNDRIP will have no effect on our domestic law will prevail, and that the courts will take notice of such assurances. Recent legal history in this country tells us that the courts will not hesitate to create some kind of ‘higher law’ where they see this as necessary for the greater good.

“It appears the Government has learned nothing from that past in this regard,” Mr Garrett said.