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The Claims Process

The claimants submit their claim to the Waitangi Tribunal. The claim is assessed against the criteria set out in the Treaty of Waitangi Act 1975.

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If the claim cannot be registered, it is sent back to the claimants for further information.

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If the claim meets the reqirements of the Act, the claim is registered and assigned a Wai number.

 

 

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The Crown and others with an interest in the claim are notified.

 

The Tribunal may decide not to inquire into a claim if it is trivial or not made in good faith or if there is a reasonable alternative open to the claimants.

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The Tribunal groups related claims that will be heard at the same time.

 

 

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The claims to be heard together are researched. The Tribunal, the claimants themselves, or other agencies (such as CFRT) may conduct the research.

 

 

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A claim, or aspects of a claim, may be referred to mediation at any time.

Research is filed with the Tribunal.

 

 

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A casebook is compiled containing all the research to be presented to the Tribunal during its inquiry into the related claims.

 

At any stage, the claimants may seek to negotiate directly with the Crown.

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Conferences are held to timetable the hearings and decide other procedural matters.

 

 

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Tribunal hearings begin. Evidence and submissions are presented by the claimants, followed by the Crown and others with an interest in the claims.

 

 

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The Tribunal issues its report on the claims.

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The Tribunal conducts remedies hearing and issues report.

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The claimants and the Crown study the report and consider their response

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If the Tribunal has not already made recommendations, the claimants or the Crown may request the Tribunal to reconvene for a remedies hearing.

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If the claimants and the Crown agree to negotiate, both develop negotiating positions and negotiations begin.

 

The Crown may or may not decide to accept the Tribunal's recommendations.

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The claimants and the Crown agree on the terms of settlement, and a deed of settlement is signed.

 

 

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The settlement is implemented. If required, legislation is enacted to give effect to the settlement.

 

 

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The claim is resolved.

 

A claim may be withdrawn at any stage.

 

 

 

Related Links
The Office of Treaty Settlements

Office of Treaty Settlements, Healing the Past, Building a Future: A Guide to Treaty of Waitangi Claims and Direct Negotiations with the Crown (’the Red Book’)
   Summary edition
   Part I
   Part II
   Part III
   Part IV