To: Foreign Affairs, Defence and Trade Committee

I wish to submit on the India Free Trade Agreement Legislation Amendment Bill.

I support closer trade relations between New Zealand and India. However, I am concerned that the Agreement includes an affirmation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Although this Bill primarily amends New Zealand's customs and tariff legislation to implement the Free Trade Agreement, Parliament should also consider whether the legislation adequately protects New Zealand law from any unintended legal consequences arising from the Agreement's affirmation of UNDRIP.

The Coalition Government decided in 2024 to halt work on implementing UNDRIP domestically. In my view, it is inconsistent for New Zealand to proceed with legislation implementing an international agreement that expressly affirms the declaration without making it clear that this affirmation does not alter New Zealand law or constitutional arrangements.

While the Free Trade Agreement does not, in itself, incorporate UNDRIP into New Zealand law, courts and decision-makers may refer to international agreements when interpreting legislation or exercising statutory powers. Parliament should therefore remove any uncertainty by making its intentions explicit.

I ask the Committee to recommend that the implementing legislation include provisions making it clear that the Agreement's affirmation of UNDRIP:

• does not give UNDRIP the force of law in New Zealand;
• does not make UNDRIP a relevant consideration in legal or administrative decision-making unless Parliament has expressly provided otherwise; and
• does not create any new legal rights, obligations, or expectations under New Zealand law.

I  request that the Committee recommend amendments to the Bill, or make appropriate recommendations to the Government, to ensure that implementation of the New Zealand–India Free Trade Agreement does not inadvertently expand the legal or constitutional influence of UNDRIP in New Zealand.

Thank you for considering my submission.