Indigenous peoples' authority, rights and engagement in impact assessment: Experiences and perspectives from Canada and Aotearoa New Zealand

Abstract

Indigenous peoples’ inherent authority, along with their internationally-recognized rights, give rise to state responsibilities in impact assessment (IA). Some state laws and constitutions enshrine recognition of Indigenous rights, and in some jurisdictions, relationships between Indigenous peoples and colonizing states are governed by treaties. Upholding Indigenous rights, including those recognized in the United Nations Declaration on the Rights of Indigenous Peoples, means that assessment authorities and practitioners should seek to co-design engagement and collaboration processes, respecting Indigenous peoples’ right to grant or withhold their free, prior and informed consent. Using experiences in Canada and Aotearoa New Zealand as examples, this chapter examines Indigenous engagement processes, and explores the spectrum of ways that Indigenous nations and communities may participate in rights-based IA processes.