Further comment on whether there is an obligation to strengthen
Pasifika languages, including whether there is a legal obligation to
protect the languages for New Zealand residents
The Ministry of Pacific Island Affairs commissioned a Crown Law opinion in
relation to Pasifika languages. A copy of the opinion was provided to you with
the introductory briefing from advisors.
With regard to whether there is an obligation to strengthen Pasifika
languages, including whether there is a legal obligation to protect the
languages for New Zealand residents, we refer you to the following
paragraphs.
Considerations of self-government:
“The New Zealand government is not legally obliged to take particular
steps towards Pacific languages in New Zealand, and could not take steps
in Niue or the Cook Islands, as to do so would be contrary to those
countries’ self-government. New Zealand’s obligations to people in
Tokelau are similarly qualified in practice to the extent that they are
inconsistent with the material autonomy of the Tokelauan administration”.
(Paragraph 3.2.2)
Considerations of human rights obligations:
“…as to the provision and protection of Pacific languages, human rights
obligations do include a legal duty to protect the use of Pacific languages
by Pacific people in New Zealand, but that duty requires only that the
government does not interfere with the use of such languages and
possibly protects against any other party seeking to interfere with such
use” (Paragraph 3.3).