Application of a human rights approach to Ihumātao The human rights principles set out in the United Nations Declaration on the Rights of Indigenous Peoples resonate throughout the Ihumātao dispute. They help us understand the human rights implications of past events. They reinforce traditional Te Ao Māori values and concepts that apply to the land, its guardianship and its cultural and spiritual significance for mana whenua. In summary, the Declaration provides a helpful lens through which the situation at Ihumātao can be viewed, including: • Whether there are adequate legal protections or avenues to ensure that land of considerable cultural and heritage value to mana whenua is adequately protected. • The nature and extent of consultation regarding decisions to approve the housing development under the Special Housing Act and the unavailability of a legal process to challenge the decision. • The nature and extent of consultation regarding decisions to develop the land, particularly negotiations with Fletcher Building. • The nature and extent of discussions about resolving the current situation and finding an appropriate way forward. • Whether previous processes have enabled all mana whenua affected by the housing development to properly participate. • The extent to which mana whenua have been able to have a meaningful say on the outcome of decisions, including the ability to influence the outcomes and be decision makers. • Whether the current processes have been designed to support consensus. The Declaration also provides a compelling and constructive framework to address the current dispute and work towards a solution that respects and upholds the rights of all parties. The Commission encourages all parties, including public decisionmakers, to use the Declaration as a vital reference point in their efforts towards reaching a solution. The Commission is also deeply concerned that lands of significant heritage value to Māori are adequately protected. The cultural significance of Ihumātao for mana 19