to restitution or other appropriate redress for land taken, occupied or damaged without consent.43 EMRIP has also found that indigenous perspectives must be taken into account when considering redress, in recognition that the spiritual and cultural value of the land transcends economic values.44 Scholars have also supported this approach.45 Concerns over contemporary and historical land claims in New Zealand and the settlement processes with tangata whenua in this regard were also raised as a remaining challenge during the country visits by the UN Special Rapporteur on the Rights of Indigenous Peoples to New Zealand in 200546 and 2010.47 The Right to Culture A number of articles within the Declaration guarantee indigenous peoples the right to maintain, protect and develop the dignity of their culture. 48 The link between culture and land, particularly for indigenous peoples, has long been recognised internationally. 49 The Declaration provides that indigenous peoples have the right to practise their traditions and customs and maintain, control, protect and develop their cultural heritage, including significant sites.50 This aligns with tikanga Māori as well as Māori understandings of whenua and kaitiaki responsibilities to Papatūānuku.51 The UN Human Rights Committee has emphasised the importance of the use of land by indigenous peoples on the right to culture in a General Comment 52 and when determining complaints made to it.53 The right to culture is also protected under section 20 of the New Zealand Bill of Rights Act and has been considered by the New Zealand Supreme Court.54 Concerns have been raised recently that Māori heritage sites, such as Puketāpapa, have not been recognised to the same degree as non-Māori (colonial) sites.55 The right to culture is non-discriminatory and indigenous peoples should have equal protection of the right to culture as non-indigenous peoples. The Right to Protection In order that indigenous peoples may enjoy their rights to land and culture, the Declaration provides that States must take effective measures to recognise and protect indigenous peoples’ exercise of their rights.56 This right is also found in international human rights treaties ratified by New Zealand.57 13