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The Claims Process

Claimants submit claim to the Waitangi Tribunal.
The claim is assessed against 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 enquiry 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 claimants, followed by the Crown and others with an interest in the claims.

 

 

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Waitangi Tribunal issues its report on the claims

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Tribunal conducts remedies hearing and issues report.

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Claimants and 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 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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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

Healing the Past, Building a Future: A Guide to Treaty of Waitangi Claims and Direct Negotiations with the Crown,
produced by the Office of Treaty Settlements.