progress with Treaty settlements, innovative forms of redress have emerged. These have related to things such as recognition of mana and recognition of cultural taonga. 47. The Waitangi Tribunal’s WAI 26221 report on the Treaty rights of Māori as regards indigenous flora, fauna and cultural taonga (which, among other things, includes traditional knowledge and intellectual property as regards cultural ideas, design and language), provides a framework for the better realisation in Aotearoa New Zealand. Given the comparatively small size of Aotearoa New Zealand, and the extent of the inquiry undertaken by the Tribunal, implementation of this framework should be achievable. However, it is notable that, to date, a full Government response to WAI 262 has not yet been issued. 48. Furthermore, there remains concern that the Government’s administration of the historic claims settlement process, which gives preference to negotiating with ‘large natural groupings’ (LNGs), has the effect of excluding smaller groups, such as hapū and whānau, from enjoying their right to participate. In its 2016 submission to the Expert Mechanism on the Rights of Indigenous People (EMRIP), the Monitoring Mechanism of the Iwi Chairs Forum (MM) noted that: In practice… this policy conflicts with one of the core government principles upon which Treaty settlements are based - that in attempting to resolve outstanding claims the Government should not create further injustices …Serious concerns have been raised by Māori about this process with a number of urgent claims being made to the Waitangi Tribunal22 providing evidence of a lack of representativeness and accountability, unfair processes and marginalisation of smaller groups. This has resulted in poor outcomes leading to some claimant’s rights and interests not being adequately represented within the settlement process. 49. The MM further noted that the UN Human Rights Committee23, the UN Committee on Economic, Cultural and Social Rights24 and two previous Special Rapporteurs on the Rights of Indigenous People25 have recommended that the New Zealand 21 https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_68356606/KoAotearoaTeneiTT2Vol2W.pdf For example, Waitangi Tribunal The Ngapuhi Mandate Inquiry Report (Wai 2490, 2015), Waitangi Tribunal The Te Aroha Maunga Settlement Process Report (Wai 663, 2014) and Waitangi Tribunal The Final Report on the Impacts of the Crown’s Treaty Settlement Policies on Te Arawa Waka and Other Tribes (Wai 1385, 2007). 23 Committee on Human Rights Concluding observations of the Human Rights Committee: New Zealand 98th session CCPR/C/NZL/CO/5 (2010) para 21 24 Committee on Economic, Social and Cultural Rights Concluding observations of the Committee on Economic, Social and Cultural Rights: New Zealand 48th session E/C.12/NZL/CO/3 (2012) para 11. 25 Human Rights Council Report of the Special Rapporteur on the Rights of Indigenous Peoples: The situation of Māori people in New Zealand 18th session A/HRC/18/35/Add.4 (2011) paras 70-72 and Human Rights Council Report of the 22 12