Government ensures that it has in place an inclusive model that fully complies with international human rights standards. 50. In addition, in a recent 2017 judgment the Supreme Court has ruled that the Crown has enforceable fiduciary duties towards Māori in relation to 19th century land purchases26. The effect of this decision is to provide Māori with an additional legal means of redress in respect of historic claims concerning land. 51. Recommendation 5: That the Committee urges the Government to: (a) Outline its progress to date in implementing the recommendations from the Waitangi Tribunal’s Wai 262 decision and issue a concrete plan and timetable for implementing the remainder. (b) Take immediate steps to review its “large natural group” policy with a view to replacing it with a policy that fully complies with both the Treaty of Waitangi and international human rights standards regarding the participation rights of indigenous people. Criminal Justice System 52. New Zealand has a disproportionately high incarceration rate. New Zealand has 204 prisoners per 100,000 people, the 7th highest in the OECD. 53. While Māori make up only 15% of New Zealand’s population, they account for a disproportionate amount of those coming into contact with the criminal justice system – both as victims and offenders. Rates of victimisation across most offence types – particularly violent offences – are significantly higher for Māori. Māori are also over-represented at the other end of the criminal justice spectrum; in New Zealand’s arrests, prosecutions, convictions, imprisonments and re-imprisonments. 54. The Human Rights Commission was successful in receiving funding from the Special Fund of OPCAT for a project to review seclusion and restraint practices. The resulting report written by an expert in this area, Dr Sharon Shalev, found that prisoners of non-European descent were much more likely to be on directed segregation (being separated for disciplinary reasons). Between May and October 2016, Māori and Pasifika made up approximately 80 per cent of Directed Segregations. By comparison, New Zealanders of European descent accounted for Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people: Mission to New Zealand 62nd session E/CN.4/2006/78/Add.3 (2006) paras 89-90 and 93-95 26 Wakatu v Attorney-General [2017] SCNZ 17 13