Embed Size (px)
Citation preview
KEI MUA I TE AROARO O TE ROP-0 WHAKAMANA I TE TIRITI O WAITANGI
BEFORE THE WAITANGI TRIBUNAL
IN THE MATTER OF
AND
the Treaty ofWaitangi Act 1975
WAI 2575
IN THE MATTER OF The Health Services and Outcomes Kaupapa Inquiry
MEMORANDUM OF CROWN COUNSEL REGARDING THE TRIBUNAL'S PRELIMINARY LIST OF CLAIMS TO BE AGGREGATED OR CONSOLIDATED IN THE DISABILITY PART OF STAGE TWO OF
THE INQUIRY
4 Potoii-te-rangi 2020
CROWN LAW TE TARI TURE O TE KARAUNA
Pouaka Poutapeta PO Box 2858 TE WHANGANUI-A-TARA WELLINGTON 6140
Waea Tel: 04 472 1719 Waea Whakaahua Fax: 04 473 3482
Whakapa mai: Contacts:
Craig Linkhorn - Barrister instrncted / Geoffrey Melvin [email protected] / [email protected]
Wai 2575, #3.2.195
1
MAY IT PLEASE THE TRIBUNAL
1. This memorandum follows the memorandum-directions releasing the
preliminary list of claims relating to disability to be aggregated or
consolidated in the disability part of stage two of the Wai 2575 inquiry. 1
2. The Crown welcomes the Tribunal's clarification of the intended scope and
scale of the inquii:y into disability claims. In reviewing the amended claims
and claims filed in December 2019, a number of questions have arisen for
the Crown in seeking to understand as clearly as reasonably possible what
exactly is being put in issue by the allegations contained in the statements of
claim.
3. The Crown is preparing a statement of response. This work will prioritise
work on responding to the consolidated claims.
4. In considering how best to respond to the aggregated claims it would be of
considerable assistance if the Tribunal were to release promptly to the
inquiiy participants its own assessment of the extent to which those claims
raise allegations about disability issues that the Tribunal considers should be
inquired into in this part of the inquiiy.
5. One of the reasons for this request is because the Crown has encountered
situations where there is a lack of sufficient particularity in the statements of
claim about the events (acts, omissions, policies and practices) and
legislative instruments said to breach Treaty principles and prejudice the
claimants or those on whose behalf the claims are made.
6. In the meantime, the Crown has written to some claimants, and will write to
others, requesting a dialogue to ensure the claims are sufficiently
particularised to ensure the Tribunal's inquii:y can proceed as efficiently as
possible.
7. Paragraph four of the memorandum-directions invites claimants to submit
on the prelimina1y list of consolidated and aggregated claims by midday,
Friday 20 March 2020. The Crown seeks an opportunity to make brief
Wai 2575, #2.6.21.
2
submissions in response, before the Tribunal decides on these issues, and
could do so by Friday 27 March 2020.
4 Potou-te-rangi 2020
TO: The Registrar, Waitangi Tribunal AND TO: Claimant Counsel
