What the letter says:

Dear Don

Thank you for your letter of 4 May regarding the recently signed New Zealand – India Free Trade Agreement (FTA). The FTA is a once-in-a-generation agreement with the world’s fastest- growing major economy with a market of 1.4 billion people. The FTA will deliver preferential access for 95% of New Zealand’s current exports to India - 82% will be tariff free once fully implemented, plus sharp tariff reductions on a further 13%.

The FTA references several international instruments including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which was first included in the United Kingdom and European Union FTAs.

I wish to confirm that the inclusion of a reference to UNDRIP in the India FTA does not impose any legal obligations on New Zealand.

Nevertheless, I asked my officials to review the references to UNDRIP in a number of chapters in New Zealand’s recent trade agreements including the NZ-India FTA and in all cases, any references to UNDRIP do not impose and are not intended to impose any obligations on New Zealand law or government policy. I can further confirm that it does not change the Government’s publicly stated qualifications on the text of UNDRIP or indicate a change in position on UNDRIP by New Zealand.

Following the review, I have directed that UNDRIP should not be included in future FTAs unless it might be necessary as part of the negotiations process. However, this would be a decision for Ministers and would not change the fact that UNDRIP is not legally binding.

Thank you for writing.

Warm regards,

Hon Todd McClay

Minister for Trade and Investment

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