The Government should also ensure that mana whenua have the resources and capacity to effectively engage in consultation processes by supporting the development of their own independent representative bodies.75 The Right to Redress The Declaration specifically provides for a right to redress where lands have been confiscated from indigenous peoples without their free, prior and informed consent.76 The right to redress is one of the underlying issues in the Ihumātao dispute, given the Waitangi Tribunal’s finding that the land was confiscated from mana whenua by the Crown over 150 years ago.77 The right to redress has, of course, been recognised by the Waitangi Tribunal as a principle of Te Tiriti.78 Where Māori have been disadvantaged, the principle of equity in conjunction with the principles of active protection and redress, require active measures to be taken to restore the balance.79 The Declaration states that this should be in the form of restitution (return) in the first instance. This mirrors the whakataukī: I riro whenua atu, me hoki whenua mai - where land is taken, land must be returned. When this is not possible, the Declaration promotes just, fair and equitable compensation.80 The right to restitution of land back to indigenous peoples from third parties has been upheld internationally. This includes the UN Human Rights Committee,81 the Inter-American Court of Human Rights82 and the African Commission on Human and Peoples’ Rights.83 The UN Committee on the Elimination of Racial Discrimination has also found that only when restitution is not possible should it be substituted by other forms of compensation.84 EMRIP has provided guidance on redress including: • States should ensure that, when relevant, indigenous peoples are provided with redress, which may include restitution. 85 • States should ensure that indigenous peoples whose land has been confiscated are entitled to restitution or other appropriate redress for land taken, occupied or damaged without consent.86 If follows from the recognition that the Government confiscated the land at Ihumātao, that the Government has an obligation to ensure that the outcome of the 16