Ihumātao dispute provides mana whenua with redress that reflects human rights principles and protects their kaitiakitanga rights as guardians of the land. Fair, Independent, Impartial, Open and Transparent Processes The processes used to designate the land at Puketāpapa as a Special Housing Area and the subsequent sale to Fletcher Building, as well as the judicial decisions that related to them, were significant factors leading to the current situation at Ihumātao. Under the Declaration, States are expected to establish and implement - in conjunction with indigenous peoples - fair, independent, impartial, open and transparent processes for resolving issues that affect the rights of indigenous peoples, including issues regarding land traditionally owned or otherwise occupied or used by indigenous people. Such processes should give due recognition to the laws, traditions and customs of indigenous people. 87 EMRIP prepared a study on access to justice in the promotion and protection of the rights of indigenous peoples.88 EMRIP considered that long-standing historical injustices and discrimination in relation to colonisation and dispossession of lands are an affront to rights. If left unremedied, these factors created further mistrust between indigenous peoples and the State.89 The study also recognised the contribution that historical injustices can have on the contemporary disadvantage of indigenous peoples and it encouraged States to consider the impact that law and policy has on indigenous peoples’ ability to access processes and reform as well as the full enjoyment of their rights.90 In summary, the Government has an obligation to guarantee mana whenua with access to justice in respect of any claims they have regarding their dispossessed lands. This right to access justice should apply regardless of whether the land is in public or private ownership and should recognise and respect indigenous laws and processes.91 International Principles of Business and Human Rights Ihumātao also raises issues of corporate responsibility and human rights. The United Nations Guiding Principles (UN Guiding Principles) on Business and Human Rights are a set of non-binding principles which have been endorsed by the UN Human Rights Council. They establish a minimum, modest threshold of human rights principles designed to provide guidance to businesses and governments. The 17