Wednesday, April 22, 2009

Stream-lining the Waitangi Claims process: the System giving itself a lube job?

Movement on the movement front...this from the Guvnor:

1. More use of informal mediation between parties before going to the Waitangi Tribunal and the Maori Land Court. It would work similarly to the process for resolving employment disputes.

2. Support iwi preparedness for negotiations - the Crown would provide information and possibly funding for early planning and preparation.

3. Continue to recognise iwi coming together for joint or parallel negotiations - iwi would be encouraged to form groups with similar aims to negotiate together.

4. Increased Crown transparency on who it intends to negotiate with and quantum - the Crown would have a list of groups it intended to negotiate with and early on in negotiations would give the potential value of redress. Currently, the Crown decides if a group is large enough to deal with on a case by case basis.

5. More systematic use of Crown-funded facilitators and more senior Crown chief negotiators - this would be similar to current practice but with more people used.

6. Reduce the role of the Crown in allocation of redress where requested - iwi and Crown would agree to a high level settlement and iwi would determine the allocation of redress among themselves.

7. Streamlining the legislative process - using draft legislation, drafting the deed of settlement and settlement bill at the same time and passing settlement legislation for iwi at the same time.

No comments:

Simon Lambert

Create Your Badge