Skip to main content

What is a claim?

Claims to the Waitangi Tribunal are allegations that the Crown has breached the Treaty of Waitangi by particular actions, inactions, laws, or policies and that Māori have suffered prejudice (harmful effects) as a result.

Once a claim is submitted, if it meets the criteria for registration, it will be considered by the Waitangi Tribunal.

 

The life of a claim

A claim is submitted and assessed

Any Māori may submit a claim to the Waitangi Tribunal. We do, however, require certain information before we can proceed with a claim.

Find out more about making a Waitangi Tribunal claim

The claim is registered

If a claim meets our requirements, it can now be registered. We will allocate a 'Wai' (short for Waitangi Tribunal claim) number for this claim. We will contact the claimant/s to notify them. We will also notify the Crown and other interested parties.

 

Claimant/s can now apply for funding

Once a claim is registered, it is eligible for legal aid.

Find out more about funding a claim

 

Related claims are grouped together

The Tribunal groups claims together with one another depending on their issues. For example, claims that relate to a particular inquiry district or claims that are defined as generic/kaupapa (claims that do not relate to a particular inquiry district but concern broad national issues).

In 2001 and 2002, the Tribunal developed a new method for conducting a district inquiry. This was called the New Approach. In brief, the New Approach established the fastest possible process for inquiries, mindful of natural justice requirements.

Find out more about our current inquiries

 

Research is carried out

Research can be carried out by the Tribunal, claimants and the Crown.

Find out more about the research process

 

Hearings begin

Hearings are held so that the Tribunal can hear evidence from claimants to substantiate their claims and from the Crown.

Find out more about going to hearings

 

After hearing: The Tribunal issues its report

Once a hearing is completed for an inquiry, the Tribunal will release its findings. The Tribunal has released numerous and varied reports over the years. Once the Tribunal issues its report, claimants and Crown will consider their response.

Settlement negotiations are facilitated by Te Arawhiti: the Office for Māori Crown Relations.

 

Find out what happens after the hearing

Find out more about the Te Arawhiti: the Office for Māori Crown Relations

What we need to register your claim

Once a claim is submitted to the Waitangi Tribunal, it is checked to see if it meets the requirements set down in the Treaty of Waitangi Act 1975.

The basic criteria to meet so we can register your claim

  1. The claimant(s) must be Māori and should specify whom they represent (such as their group, hapū, iwi)
  2. and claim that an ordinance, Act or regulation, order, proclamation, notice or other statutory instrument, or policy or practice, or an act or omission of the Crown
  3. has prejudicially affected the claimant(s)
  4. and that the law, or the action, omission, practice or policy is inconsistent with the principles of the Treaty of Waitangi.

If your claim meets these requirements, it may be registered and assigned a ‘Wai’ number. A ‘Wai’ number is short for Waitangi Tribunal claim.

If it does not meet these requirements, we will contact you to advise you why and ask for further information. 

 

Points to remember

  • The ‘Crown’ is the central Government. The Tribunal can only inquire into actions of the Crown/central Government. The Crown is not local government (district or regional councils) and it is not the Courts.
  • Any new claim received after 1 September 2008 by the Tribunal can only concern contemporary Crown actions or omissions that occurred on or after 21 September 1992. Any new claim regarding actions that occurred before 21 September 1992 are defined as historical Treaty claims and must have been filed on or before 1 September 2008.
  • The Tribunal may not inquire into claims that relate to matters that have been settled by the Crown. These are matters over which the Crown has negotiated settlements with particular claimants, and the Tribunal’s authority to inquire into them has been removed by law.
  • The Tribunal cannot inquire into anything in a Bill that has been introduced into Parliament.

 

How you can file a claim

You can use our template claim form to help guide you in writing your claim. Although there is no standard form for lodging a claim with the Waitangi Tribunal, the form below is a helpful tool that lists all our requirements for registration:

Sample Claim Form

You can send your claim to us by:

 

Fund your claim

Once a claim is registered, claimants may apply for legal aid to assist them in meeting the legal costs of progressing their claim. Applications are made by their legal representative and submitted to the Legal Aid Services Treaty team for consideration.

Apply for civil legal aid or find a legal aid lawyer

 

Amend your claim

An amendment adds to, replaces or changes the issues raised by a claim. An amendment or addition should be sent to the Registrar; there are no set forms that must be used and there is no filing fee to be paid.

 

Points to remember

Where a claim has more than one named claimant, the Tribunal's standard practice is to require the signature of all named claimants on documents amending, adding to, or withdrawing the claim.

However, a lawyer who is representing claimants may file documents with the Tribunal on behalf of her or his clients. Where a lawyer represents claimants, the Tribunal assumes that the lawyer is acting with the authority of those claimants.