Once a claim has been inquired into and reported on by the Tribunal, it is possible for claimants to apply for an urgent remedies hearing. This is a special kind of hearing where the Tribunal looks exclusively at remedies available to the claimants.
What information is needed?
The Tribunal will consider an application for an urgent remedies hearing only if the applicants have a report of the Tribunal in which their claim or claims have been determined to be well-founded.
If you would like to apply for an urgent remedies inquiry you will need to provide the Tribunal with the following information:
· The specific reasons why an urgent hearing is sought;
· Whether the application relates to a whole claim or a group of claims, or to part of a claim or a group of claims;
· Whether the applicants are ready to be heard or whether any research first needs to be carried out or completed;
· Information about any research which needs to be carried out first;
· Any people or groups the applicants believe should be notified by the Tribunal because they are affected by the application; and
· Any other information that is relevant to the application.
You will need to show:
· That the applicants are suffering, or are likely to suffer, significant and irreversible prejudice as a result of current or pending Crown actions;
· That there is no alternative remedy that, in the circumstances, it would be reasonable to exercise; and
· That the applicants are ready to proceed urgently to a hearing.
This information must be produced in writing, and be signed by all named claimants to a claim. It will also need to be as specific as possible. Once this information is received it will be assessed. If further information is needed, you will be notified.
Sending in your application
You should send your application to the Registrar and a copy to the Crown.
Registrar
Postal address:
The Registrar
Waitangi Tribunal
SX 11237
Wellington
Email: WT.Registrar@justice.govt.nz
Crown Law Office
Postal address:
Treaty Issues and International Law Team
Crown Law Office
PO Box 2858
Wellington 6140
Email: treaty.issues@crownlaw.govt.nz
What happens after you apply
Once the Tribunal is satisfied that the information you have provided addresses the requirements noted above, the Crown will generally be given an opportunity to respond to your application. Following the Crown’s response, you will be given a chance to make a final reply to the Crown.
Your application may be decided based on your written information or there may be an opportunity to make submissions in person, or over the phone. Once everyone has had their say, the Tribunal will issue their decision on your application.
Prior to making its decision, the Tribunal may consider whether the parties are open to alternative resolution, such as informal hui or a formal mediation.
The criteria the Tribunal applies
In considering whether to grant urgency to an application for a remedies hearing, the Tribunal has regard to a number of factors. Of particular importance is whether:
· the claimants can demonstrate that they are suffering, or are likely to suffer, significant and irreversible prejudice if a remedies hearing is not urgently convened;
· there is no alternative remedy that, in the circumstances, it would be reasonable for the claimants to exercise; and
· the claimants can demonstrate that they are ready to proceed urgently to hearing.