Although Cabinet decided in 2024 to halt implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the proposed New Zealand–India Free Trade Agreement (FTA) affirms the declaration.
- Parliament is now considering the legislation needed to implement the FTA, providing an opportunity to raise concerns about the inclusion of the UNDRIP affirmation.
- Constitutional lawyer Gary Judd KC argues that Parliament should ensure the FTA's affirmation of UNDRIP has no legal effect in New Zealand.
- Democracy Action encourages members to make a submission asking the select committee to recommend appropriate safeguards in the implementing legislation.
Although Cabinet decided in early 2024 to halt work on implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the proposed New Zealand–India Free Trade Agreement (FTA) has brought the issue back before Parliament.
The FTA includes a provision affirming UNDRIP. While the India Free Trade Agreement Legislation Amendment Bill does not itself incorporate UNDRIP into New Zealand law, it is the legislation that enables New Zealand to implement the Agreement domestically. This gives Parliament an opportunity to consider whether any safeguards are needed before the Agreement comes into force.
Why the UNDRIP affirmation matters
The concern is that the FTA expressly “affirms” UNDRIP. Constitutional lawyer Gary Judd KC argues that this affirmation could strengthen UNDRIP's influence when courts interpret legislation or when public authorities make decisions.
International agreements and declarations do not automatically become part of New Zealand law. However, courts may refer to them when interpreting legislation or reviewing administrative decisions.
New Zealand's official position
Mr Judd also points out that New Zealand has never formally withdrawn its endorsement of UNDRIP at the international level. The latest official statement to the United Nations, made in July 2023, reaffirmed New Zealand's support for the declaration and recognised the right of indigenous peoples to participate effectively in decision-making affecting them as part of the principle of self-determination.
This position sits uneasily alongside the Coalition Government's decision to halt the implementation of UNDRIP, and the inconsistency should be resolved.
Parliament can recommend safeguards
Although the select committee cannot easily amend the text of the Free Trade Agreement itself, it can consider whether the implementing legislation should include provisions clarifying that the FTA's affirmation of UNDRIP does not alter New Zealand law.
Have Your Say
The Foreign Affairs, Defence and Trade Committee is calling for submissions on the India Free Trade Agreement Legislation Amendment Bill until 11.59 pm on Sunday, 19 July 2026. Please note that the Committee intend to hold hearings on oral submissions on 27 and 30 July 2026. Bear this in mind before you indicate whether you would like to make an oral submission.
Although the Bill primarily amends customs and tariff legislation to implement the FTA, Parliament can still consider whether safeguards are needed to ensure that the Agreement's affirmation of UNDRIP does not have unintended legal consequences.
Democracy Action encourages members to make a submission asking the Committee to recommend amendments to the implementing legislation that make it clear the FTA's affirmation of UNDRIP:
- does not give UNDRIP the force of law;
- does not give it presumptive weight in interpreting legislation;
- does not make it a relevant consideration in legal or administrative decision-making; and
- does not create any new legal rights or obligations.
You may also recommend that the Government formally notify the United Nations that New Zealand no longer endorses UNDRIP and to reinstate the constitutional position adopted when New Zealand declined to support the declaration in 2007.
Or send by post. Postal address is HERE. N.B. Submissions must be received by Sunday, 19 July 2026.
A sample submission is available on our website to assist in preparing your own submission. Please personalise the submission where possible. A brief explanation of why the issue matters to you, expressed in your own words, can make a submission more persuasive than sending identical text.
N.B. Every submission helps demonstrate the level of public concern about the constitutional implications of affirming UNDRIP in this Agreement.
References
· Gary Judd KC: Oral submissions to the Foreign Affairs, Defence and Trade Committee
· National Interest Analysis NZ-India FTA
Further reading
Scrap the UNDRIP clause from the India FTA – Democracy Action June 2026