ABSTRACT
As a Declaration the orthodox view is that it will not be legally binding upon the States. However, the Declaration provides a benchmark against which Indigenous peoples can measure state action as well as a means of appeal in the international arena. The legal effect of the Declaration will be examined and some thoughts will be provided as to a creative way to realise the Indigenous rights articulated in the Declaration, including the provision that will support the application of the philosophy of Te Ao Māori. Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing on those territories, or parts of them. The Declaration clarifies and places Indigenous peoples within a human rights framework. Self-determination has been identified as a key provision in the Declaration. Tino rangatiratanga is a key provision in the Treaty of Waitangi.
