Reports - Introduction

When presented with a claim, the Waitangi Tribunal has to decide whether, on the balance of probabilities, that claim is well founded. Where the Tribunal finds that such is the case, it may recommend to the Crown means by which the Crown can compensate the claimants, remove the prejudice, or prevent similar prejudice happening to others in the future.

The Tribunal reports its findings and makes its recommendations in writing: in accordance with the Treaty of Waitangi Act 1975, the Tribunal serves sealed copies of its decisions on the claimants and the Minister of Māori Affairs, and on any other Ministers or persons that the Tribunal thinks appropriate. By March 2009, the Tribunal had produced over 100 of these reports, ranging from brief, one-page statements to exhaustive, multi-volume reports on large district and regional inquiries involving many separate claims.

In some cases, the Tribunal reports both its findings and its recommendations in one report. In other cases – particularly where the Tribunal might be asked to make binding recommendations – it may report in two stages. In this latter case, the Tribunal's first report is likely to contain only its findings, including whether the claim is well founded. Where the Tribunal upholds the claim, the parties may at that stage enter settlement negotiations, and it may not then be necessary for the Tribunal to make detailed recommendations. However, if such recommendations are required, the Tribunal will hold a 'remedies hearing', where further evidence and submissions directed at resolving the grievance will be presented. The Tribunal will then issue a second report containing its recommendations.

Sometimes, the Tribunal issues an interim report dealing with just part of a claim (or a grouping of claims) or presenting preliminary findings based on some but not all of the evidence. Such a report may be sufficient to enable the claimants and the Crown to enter into direct negotiations.

As well as being served on the Minister and the claimants, the Tribunal publishes its reports both in hard copy and on the internet, so that they are available to everyone. The printed versions of the Tribunal's reports can be ordered from most good bookstores or directly from the publishers Legislation Direct. To order, contact Legislation Direct on (04) 568 0005 or email ldorders@legislationdirect.co.nz.