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SOUL (Save Our Unique Landscape) and Ngā Kaitiaki o Ihumātao Trust & Fletchers Building Limited
Lead NCPNew Zealand
Supporting NCP(s)
DescriptionSpecific instance alleging a non-observance of the OECD Guidelines.
Theme(s)Human rights
Date18 Apr 2018
Host country(ies)New Zealand
SourceNGO
Industry sectorConstruction
StatusConcluded
Summary

Read the Final Statement published by the NCP in August 2021: English


On 18 April 2018, the NGO SOUL (Save Our Unique Landscape) and Ngā Kaitiaki o Ihumātao Trust submitted a specific instance to the New Zealand NCP alleging that Fletchers Building Limited, one of the largest listed companies in New Zealand, had not observed the Human Rights (Chapter IV) provisions of the Guidelines. Specifically, issues relate to the MNE’s actions in purchasing land, active involvement in its rezoning from rural to residential, and its designation as a Special Housing Area, contributing to historical injustices, intergenerational trauma, landlessness and poverty of mana whenua, the indigenous people (Māori) who have historic and territorial rights over the land, at Ihumātao.

Following an initial assessment, the NCP decided to accept the case and proposed good offices to both parties. However, due to their campaign opposing the development project, the NGO requested that the NCP pause its consideration of the case. The NCP respected the request and suspended the proceedings.

In December 2020, the Government announced that an agreement was reached on the future of the land at Ihumātao. A Memorandum of Understanding (He Pūmautanga) was signed by the Kīngitanga, the Crown and Auckland Council which sets out how parties will work together to decide the future of the land. The land is being purchased from the MNE under the Land for Housing Programme as the parties have committed that there will be housing on the site.

On 28 September 2021, the NCP officially concluded the case as an agreement had been reached outside of the NCP process.


#discrimination #ESCR #indigenousrights #infrastructure #parallelproceedings #Internationalhumanrightstreaties