Preparing Evidence

 What Do Claimants Need to Do?

The type and amount of research that is needed before a claim may be heard depends on the claim and the issues raised in it. Therefore, in order that research is directed to the appropriate issues, it is preferable that claimants talk to the Tribunal's research staff before starting their own research. But, normally, the Tribunal would expect claimants to provide the following evidence:

• a traditional history report;
• any surviving oral traditions about Crown actions;
• any surviving oral traditions about the impact of Crown actions, and the prejudicial effects on claimants;
• a list of the particular grievances of whanau or hapu;
• a list of contemporary grievances of iwi, hapū, or whānau; and written historical reports about actions of the Crown, and the impact of those actions.

Steps in Preparing Evidence for Claims

Step 1
Discuss the scope of research with the Tribunal and Crown Forestry Rental Trust, produce a research plan to cover claimant reports, and ensure that professional researchers are commissioned.

Step 2
Conduct and transcribe oral interviews covering:

• oral traditions about Crown actions;
• Crown actions that took place within living memory;
• oral traditions about the impact of Crown actions;
• memories of the impact of Crown actions that took place within living memory;
• any specific block or issue grievances;
• any sites of major significance; and
• any contemporary grievances.
  

Step 3
Discuss the outcome of the interviews with whānau and hapū, and compile a list of all the specific block or issue grievances.

Discuss the outcome of the interviews with the professional historians and supply material for inclusion in their reports. Arrange follow-up meetings and interviews between the informants and historians where necessary.

Compile a list of all the contemporary grievances. Compile a list of the key sites that claimants want to include in the claim.

Step 4
Oversee the writing of the traditional history report.

Decide which specific block or grievance claims to pursue - there may be too many, and strategic decisions may have to be made. The whānau or hapū that 'owns' the grievance has to be happy with the decision. Having finalised the list of these claims, you need to ensure that they are covered by professional research.

Decide which contemporary grievances will be included in the claim. Here, you need to consider whether there is a better avenue of redress (eg, through the courts), and weigh the importance of the matter to the overall claim or claims. Having decided which matters to include, you need to find out what written material is available about them, and collect it. Conduct follow-up interviews where necessary. Then discuss what else needs to be done with your lawyer.

Decide which key sites you wish to include in the claim. Having done so, discuss with the historians whether there needs to be research of written sources in addition to the oral material that you have collected.

Collect information about your contemporary status for the traditional history report.
Decide how you wish to present yourselves to the Tribunal.

Step 5
Read and comment on the draft traditional history report, and ensure that this report is completed in time for the casebook.

Read and comment on the historians' reports, and ensure that these reports are completed in time for the casebook.
Arrange for the results of the completed research to be communicated to the people by circulating the reports and setting up oral briefings.

Step 6
While the casebook is in process, and in consultation with your lawyer, begin preparations for the hearings. These preparations should include:

• deciding where you want to be heard;
• deciding when you want to be heard;
• deciding who should give evidence;
• preparing briefs of evidence;
• finalising your evidence and submissions on contemporary grievances;
• discussing with your lawyer how the claim will be presented overall; and
• finalising your statement of claim.