ABSTRACT
This chapter discusses some of the advancements made in international human rights law regarding mineral rights for Indigenous peoples, particularly the right of 'free, prior, informed consent' (FPIC) which has found recognition in numerous United Nations (UN) reports and in the UN Declaration. In 2011 the UN Human Rights Committee (HRC) unanimously endorsed the UN's Guiding Principles on Business and Human Rights. These Guiding Principles provide governments, companies and international organisations with a normative framework to guide company practice and policy. The chapter provides a brief glimpse into New Zealand law and a contemporary case study of a company seeking to extract iron sand off the west coast of the North Island: the 2016 Trans-Tasman Resources Limited marine consent application. The case study highlights some of the issues that confront Indigenous peoples and the difficulties they face in ensuring international law and principles are implemented in practice.
