Waitangi Tribunal

Research for Waitangi Tribunal claims is undertaken by claimants, Waitangi Tribunal staff and contractors, Crown Forestry Rental Trust researchers, and commissioned researchers. During the conferencing stage of the Tribunal's process, research needs are ascertained. Research facilitation hui are held with claimants, counsel, and staff to identify the reports to be written and who will undertake that work. The final reports of gathered technical evidence are collated into a casebook prior to the commencement of the hearing process.

Casebook preparation involves determining the scope of the inquiry, and enabling all concerned parties to work together to produce casebook research. This often means needing a commitment from the Crown Forestry Rental Trust to grant claimants funding for coordination and research.

Tribunal inquiries are founded upon a rigorous examination of all the evidence led by the participating parties. That evidence, especially in historical inquiries, may extend across a wide range of claim issues dating from the signing of the Treaty to the present day. Technical research commissioned by the claimants, the Crown, third parties, and the Tribunal makes up a large and crucial component of the evidential base, especially in the casebooks supporting district historical inquiries. Research institutions, researchers, and historians make an essential contribution to effective Tribunal inquiries and their completion.

Initially, Tribunal research staff investigate:

• the causes of resource alienation;
• the main groups involved or effected;
• the geographical extent of claims; and
• the research required to complete a casebook for the district or inquiry.

Upon completion of this body of work, a series of judicial conferences take place to ascertain:

• who the main claimant groups are and how they inter-relate or overlap;
• who will speak for the claimants;
• the relationship between claimants and regional iwi/hapu;
• whether the claimants have legal representation; and
• what sort of inquiry best suits the needs of the claimants.

Upon completion of the judicial conferences, the chief historian prepares the casebook review and plan. The plan is open to hui and judicial conferences with the aim of reaching consensus from all parties concerned with the claim.

The casebook research of professional or technical evidence is gathered by professional historians and involves working in Crown archives or records, libraries; with private papers and other repositories of historical records. This period of research is usually accomplished by Waitangi Tribunal staff, Crown Forestry Rental Trust staff, contractors, or Crown Law research staff.

The final reports of gathered technical evidence are collated into a casebook prior to the commencement of the hearing process.

The Waitangi Tribunal research staff also produce research panui / newsletters to keep the claimant community informed of progress.