The Tribunal's New Approach

Damian Stone, Senior Associate | June 2001

Significant changes to the approach of the Waitangi Tribunal will result in greater expediency and early identification of contentious issues.

Why a new approach?

The Tribunal has, in the past, expressed concern at the time and resources required to progress historical claims through the Tribunal. The objectives of the new approach suggested by the Tribunal are aimed at streamlining its role in the claims process and include:

1. establishing the fastest possible process, mindful of natural justice requirements;
2. streamlining the process, so that down-time between stages is minimised; and
3. identifying and possibly resolving at the outset any issues of mandate and representation among claimant groups.

What is the new approach?

A four stage approach is envisaged by the Tribunal:

Stage1 - Casebook Preparation

This stage confirms the scope of the inquiry and allows for the production of a casebook of research. The Tribunal currently anticipates that this research stage will take approximately 18 months to complete.

Stage 2 - Interlocutory Conferencing

The purpose of this stage is to refine the claim issues. Claimants are required to file particularised statements of claim within 2 to 3 months of completion of the casebook. The Crown must file a full statement of response. A conference will then be held to identify any areas of disagreement between the claimants and the Crown, confirm evidential matters and set the hearing schedule. It is estimated this stage will take between 6 to 8 months to complete.

Stage 3 - Hearings and Reporting

The new approach means that the Tribunal allocates hearing time based on parties' actual needs and implements procedures that are aimed at ensuring the hearing time is used effectively and efficiently. Even though the Tribunal is proposing to streamline the hearing process, it has recognised that efficiency should not be achieved at the expense of the right of parties to be heard. The Tribunal acknowledges that, for many claimants, the hearing is effectively their only opportunity to understand and present their claims. The Tribunal has also indicated that the form of its report at the conclusion of hearings can be tailored to fit the parties' requirements. The timeframes in which the Tribunal is able to produce reports will, as a consequence, be governed by the nature of the report required by the parties. The Tribunal estimates that this stage will take approximately 18 months to complete.

Stage 4 - Negotiations and Settlement

The Tribunal has indicated that its role during the negotiation and settlement phase of the claims process will be to provide specific advice when requested to do so by either party to the negotiation. It envisages that this stage of the claims process should take between 12 to 18 months to complete.

What about negotiations with the Crown?

The Tribunal has also suggested ways in which its procedures and those of the Office of Treaty Settlements could be better syncronized to effect greater time and cost efficiencies.

Will the new approach differ radically from the old?

The new approach is aimed at cutting down the time it takes a claimant to progress a claim through the Tribunal. In this regard, the new approach does involve some quite significant changes from the way in which the Tribunal has operated to date. For example, claimants will now be required to file detailed statements of claim against the Crown at a very early stage, meaning that claimants must have identified the nature of their claims earlier than under the old approach and, perhaps more importantly, the Crown is aware of the nature of the claims at the outset. The corollary is that the Crown will be required to respond to the claims in detail very early on in the process, meaning that any issues or disagreements between the claimants and the Crown are identified at an early stage.

The Tribunal has recognised that, as a bicultural organisation, its commitment to tikang Mori should remain and the mana of those appearing before it should continue to be respected. The Tribunal is the forum in which arguments, stories and emotions should continue to be expressed and, while the new approach seeks to ensure that the process proceeds in a timely and disciplined manner, the kawa of the Tribunal should not be lost. Submissions on the new approach suggested by the Tribunal are due by 30 June 2001. If you would like to make a submission on the Tribunal's draft document, please contact any member of the Mori Services Team listed below.

The Budget - Facilitating Mori Access to Resources

Just over $115 million has been allocated to Mori Affairs in the Budget.

It provides for, amongst other things:

$21.463 million for policy advice and services to accelerate Mori social, economic, and cultural development and provide advice on Crown's relationship with iwi, hpu and Mori.

$11.696 million for local level development and facilitating Mori access to resources and services that support development.

$13.197 million to fund iwi, hpu, Mori communities and Mori organisations to assess and build their capacity.

How can these funds be accessed?

We have assisted many of our clients to access funding through Te Puni Kkiri for capacity assessment and building and economic development assistance. Please contact any member of the Mori Services Team for funding advice.