Waitangi Claims Process
Waitangi Tribunal Flow Chart
The general process we are following is as follows;
1
Claim submitted to the Waitangi Tribunal for assessment against the criteria in the Treaty of Waitangi Act 1975.
2
If the claim meets the requirements of the Act, the claim is registered and assigned a Wai number.
3
The Crown and others with an interest in the claim are notified.
4
The Tribunal groups related claims, that will be heard at the same time.
5
The claims to be heard together are researched. The Tribunal, the claimants themselves, or other agencies (such as CFRT) may conduct the research.
6
Research is filed with the Tribunal.
7
A casebook is compiled containing all the research to be presented to the Tribunal, during its inquiry into the related claims.
8
Conferences are held to timetable the hearings and decide other procedural matters.
9
Tribunal hearings begin. Evidence and submissions are presented by the claimants, followed by the Crown and others with an interest in the claims.
10
The Tribunal issues its report on the claims and also conducts remedies hearings and issues report.
11
The claimants and the Crown study the report and consider their response.
12
If the Tribunal has not already made recommendations, the claimants or the Crown may request the Tribunal to reconvene for a remedies hearing/report.
13
If the claimants and the Crown agree to negotiate, both develop negotiating positions and negotiations begin.
14
The claimants and the Crown agree on the terms of settlement, and a deed of settlement is signed.
15
The claimants and the Crown The settlement is implemented. If required, legislation is enacted to give effect to the settlement.
At any stage, claimants may seek to negotiate directly with the Crown who in this process may or may not decide to accept the Tribunal’s recommendations.
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