Hearing venues
The Tribunal tries to hear claimant groups at the venue of their choice and according to their protocols, where that is desired.
Usually, claimant groups are heard on their marae. When the Tribunal hears the Crown and others who are entitled to be heard, it often moves to a neutral venue (such as a public hall, conference centre, or the Tribunal’s offices).
In all cases, however, the Tribunal must be satisfied that a proposed venue is suitable for its needs and that it meets certain health and safety requirements. Accordingly, the Tribunal makes the ultimate decision as to where it sits.
What happens at the hearing
There is normally more than one hearing week held for an inquiry. The general order of proceedings over the course of hearings for an inquiry is:
1. the claimants and Crown present their opening submissions to outline their arguments with regard to whether or not the Crown has breached the Treaty
2. the claimants and the Crown present their evidence (this is sometimes arranged with all claimant evidence heard then all Crown-evidence, but all evidence on a particular topic may also be heard together). Evidence commissioned directly by the Tribunal will also be heard
3. others with an interest in the inquiry present their evidence and submissions
4. all parties present their closing submissions to lay out their overall arguments and show how the evidence that has been presented supports their respective cases.
Types of evidence heard
Typically, claimant evidence is a mix of oral evidence from kaumātua, rangatahi and other claimant witnesses, and written evidence comprising witness statements, traditional history, research reports, documents and audio-visual material. Evidence is, with some exceptions, usually submitted to the Tribunal in advance of the hearing.
At hearings, witnesses usually present summaries of their reports before the Tribunal. Evidence may be presented in te reo Māori or English and all witnesses may be questioned by the Tribunal and by counsel for other parties. Sometimes, in the course of a hearing, the Tribunal will visit sites of importance to the claimants (such as pā sites and wāhi tapu) so as to gain a fuller appreciation of the claim issues.
Length of hearings
The length of an inquiry depends on a number of factors. In a large complex inquiry, there are likely to be several weeks of hearings. The overall hearing timeframe arises from the amount of work needed to prepare for each hearing, and because most panel members do not work full-time for the Tribunal. In a smaller inquiry, no more than two or three hearings may take place over a much shorter period of time. Occasionally, where a single claim is being heard and the issues are limited, there may be no need for more than one sitting, and that may be completed in a day or a few days.
Staged hearings
Sometimes, the Tribunal hears and reports on claims in an inquiry in stages. For example, stage one of the Health Services and Outcomes Inquiry (Wai 2575) focused on claims about the legislative and policy framework of the primary healthcare system. Following the hearings, the Tribunal released its report Hauora – the Report on Stage One of the Health Services and Outcomes Kaupapa Inquiry (the Hauora Report) on 1 July 2019.
Stage two of the inquiry focuses on claims relating to Māori with disabilities, mental health (including suicide and self-harm), and issues of alcohol, tobacco, and substance abuse.