We urgently need your help to oppose the inclusion of the UNDRIP provision in the New Zealand–India Free Trade Agreement by making a submission.
The Government has signed the New Zealand–India Free Trade Agreement, and the agreement is now before Parliament’s Foreign Affairs, Defence and Trade Committee for public submissions. Buried within the agreement is a clause affirming the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
This has nothing to do with trade.
Public submissions to Parliament close at 11:59 pm on Sunday, 17 May 2026.
The UNDRIP clause (Article 13.2) does not improve market access, reduce tariffs, assist exporters, or strengthen commercial cooperation. Instead, it inserts a highly contentious constitutional and political issue into a trade agreement.
India protected its own constitutional position by including an explicit reservation. New Zealand did not.
Why This Matters
There is a real risk that inclusion of UNDRIP in a binding international treaty will be used to argue for its increasing influence over New Zealand law, public policy, and constitutional development — without any clear democratic mandate from the public.
Constitutional change should occur openly, transparently, and through democratic debate — not indirectly through obscure treaty clauses.
We urgently need to submit to Parliament to oppose Article 13.2 of the agreement.
Submissions can be made online through the New Zealand Parliament website HERE
Even a short submission can have an influence.
We encourage you to:
- Oppose the inclusion of UNDRIP in the agreement;
- Ask the Committee to recommend the removal of Article 13.2(a) before ratification;
- State that constitutional matters should not be inserted into trade agreements.
A simple example submission is attached below, which can be copied, shortened, and personalised.
Democracy Action’s submission is available HERE.
Please submit by 11:59 pm Sunday, 17 May, and share this issue with friends and family who may also be concerned.
The full text of the agreement and related documents are available HERE.
For an excellent commentary explaining why we should be concerned about this issue, see The Sting in the India Trade Deal by Gary Judd KC.
The Government has signed the New Zealand–India Free Trade Agreement, and the agreement is now before Parliament’s Foreign Affairs, Defence and Trade Committee for public submissions. Buried within the agreement is a clause affirming the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
This has nothing to do with trade.
Public submissions to Parliament close at 11:59 pm on Sunday, 17 May 2026.
The UNDRIP clause (Article 13.2) does not improve market access, reduce tariffs, assist exporters, or strengthen commercial cooperation. Instead, it inserts a highly contentious constitutional and political issue into a trade agreement.
India protected its own constitutional position by including an explicit reservation. New Zealand did not.
There is a real risk that inclusion of UNDRIP in a binding international treaty will be used to argue for its increasing influence over New Zealand law, public policy, and constitutional development — without any clear democratic mandate from the public.
Constitutional change should occur openly, transparently, and through democratic debate — not indirectly through obscure treaty clauses.
We urgently need ordinary New Zealanders to make submissions to Parliament opposing Article 13.2 of the agreement. Submissions can be made online through the New Zealand Parliament website HERE
Even a short submission can have an influence.
We encourage you to:
• Oppose the inclusion of UNDRIP in the agreement;
• State that constitutional matters should not be inserted into trade agreements;
• Ask the Committee to recommend the removal of Article 13.2(a) before ratification.
A simple example submission is attached below and can be copied, shortened, or personalised.
Please submit by 11:59 pm Sunday, 17 May, and share this issue with friends and family who may also be concerned.
The full text of the agreement and related documents are available HERE.
For an excellent commentary explaining why we should be concerned about this issue, see The Sting in the India Trade Deal by Gary Judd KC.
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Example submission on the New Zealand–India Free Trade Agreement opposing UNDRIP provisions To the Foreign Affairs, Defence and Trade Committee Submission on the New Zealand–India Free Trade Agreement I am making this submission as a concerned New Zealander because I believe the agreement includes provisions that go beyond trade matters and raise important constitutional concerns. I oppose the inclusion of Article 13.2, which affirms the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), in the New Zealand–India Free Trade Agreement. Trade agreements should focus on trade. They should not be used to advance constitutional or political matters unrelated to trade. The inclusion of UNDRIP in this agreement is unnecessary and inappropriate. The clause does not improve market access, reduce tariffs, assist exporters, or provide any clear commercial benefit to New Zealand. I am also concerned that including UNDRIP in a binding international treaty could be used to support arguments that UNDRIP should have increasing influence over New Zealand law, public policy, and constitutional arrangements, despite these issues never having been clearly debated or endorsed by the public. It is significant that India included a reservation protecting its own constitutional position, while New Zealand included no equivalent safeguard. New Zealand initially rejected UNDRIP in 2007 due to concerns about its compatibility with democratic equality, property rights, and existing constitutional arrangements. Those concerns have never been fully resolved through open public debate. Any constitutional change should occur openly, transparently, and through democratic processes — not indirectly through clauses inserted into trade agreements. I therefore ask the Committee to recommend the removal of Article 13.2(a) from the agreement before ratification. Thank you for considering my submission. (Name) |
If we remain silent now, we risk allowing significant constitutional implications to be embedded in international agreements without the informed consent or full awareness of the New Zealand public.
Thank you for your continued interest and support. If you have any suggestions you would like to offer, or if you need further information or help, please do not hesitate to contact us at [email protected].
And please help spread the message by sharing our newsletters with anyone who may be interested. You can receive further updates by registering or joining us.
Kind regards,
Susan Short