by the indigenous peoples themselves, in accordance with their own laws, traditions and customs, and through their own representative institutions.65 Where an activity or action might result in a breach of rights, judicial and administrative review should be available and reflect indigenous peoples’ rights in the Declaration, including their rights to self-determination and effective remedies, their rights under international law, domestic law, and their own laws, customs and protocols.66 This means that the Government should ensure that consultation processes are non-coercive, are designed to support consensus building within the indigenous peoples’ community and that they avoid practices that might cause division. 67 The Government should also establish preconditions for achieving free, prior and informed consent. These preconditions should be aimed at building trust, take a good faith approach, and reflect culturally appropriate methods of negotiation and recognition and respect for human rights.68 The Principle of Good Faith EMRIP has observed that the principle of good faith under the Declaration requires that consultations with indigenous peoples are carried out in a climate of mutual trust and transparency.69 This is also an issue at the heart of the current dispute over the land at Puketāpapa. The Declaration provides that indigenous peoples must be given sufficient time to engage in their own decision-making process and to participate in decisions taken in a manner consistent with their cultural and social practices. 70 The objective of consultations should be to achieve agreement or consensus.71 The Declaration does not envision a single moment or action but a process of dialogue and negotiation over the course of a project, from planning to implementation and follow-up.72 The obligation of the State under the Declaration to “consult and co-operate” with indigenous peoples also implies that they have the right to influence the outcome of decision-making processes affecting them, not just the right to be involved in such processes or have their views heard.73 This would support direct engagement by the Government with all mana whenua. Efforts should be made to include and understand the specific impacts on women, children, youth and disabled people.74 15