A/HRC/18/35/Add.4 validity of such claims and making recommendations to the Government for redress of valid claims (sect. 5). Initially, the Tribunal was established to inquire into complaints made only about current and future actions by the State, but in 1985 Parliament expanded the Tribunal’s jurisdiction to also inquire into complaints about historical grievances dating back to 1840.10 The Waitangi Tribunal also has an urgency procedure for claimants who can demonstrate immediate prejudice and no alternative for redress. 24. Since the visit of the former Special Rapporteur, the Treaty of Waitangi Act was amended to set 1 September 2008 as a cut-off date for the submission of historical claims11 to the Waitangi Tribunal.12 According to the Government, this was linked to the Government’s aim to settle historical claims by 2020, a goal date that has since been pushed forward to 2014 and was set at least in part in response to Maori concerns regarding the length of the Treaty settlement process. At the same time, many Maori have criticized the Government for unilaterally and, according to some, arbitrarily, setting this date, and have expressed concern that claims will be too hastily pushed through the settlement process, potentially resulting in unfair settlements. According to the Waitangi Tribunal, a total of 1,834 new claims were lodged in the final four weeks leading up to 1 September 2008, more than the entire total of 1,579 claims registered over the previous 32 years since the Tribunal’s foundation in 1976. As of mid-2010, the total case load before the Waitangi Tribunal was 3,490 claims.13 25. Waitangi Tribunal proceedings in each case generally take between three and four years, though many settlements have taken much longer, and culminate in the issuance of a public report by the Tribunal. The report sets out whether the claims are well-founded and may make recommendations on how relief might be provided, including through negotiated settlement with the Government. At any time during the procedure the claimants may choose to negotiate directly with the Government in advance or in the absence of a Tribunal decision, which has allowed some Maori groups to enter into agreements with the Crown more quickly than they might through completing the Waitangi Tribunal process. However, avoiding the Waitangi Tribunal process also means that a detailed public report on the case documenting the history of the claim will not be issued. 26. The principal concern with respect to the Waitangi Tribunal communicated to the Special Rapporteur, both by Maori representatives and by members of the Waitangi Tribunal, is that it is significantly under-resourced. This has resulted in a huge backlog of claims and significant delays in the processing of claims. Many Maori also complained that the Waitangi Tribunal procedures are too slow and that the Government further exacerbates delays in the process by taking an adversarial approach in most cases. In this connection, the Special Rapporteur notes information from the Government that an increase of 25 per cent in resources was made in 2007 in order to assist the timely resolution of claims. 27. Another concern expressed to the Special Rapporteur is that the Waitangi Tribunal’s recommendations are generally not binding on the executive or the legislature14 and are frequently ignored or criticized by the Government, as was initially the case with the Tribunal’s report in the case of the Foreshore and Seabed Act, which is discussed in 10 11 12 13 14 Treaty of Waitangi Act, sect. 6, para. 1, as amended by the Treaty of Waitangi Amendment Act 1985 (No. 148). Historical claims are statutorily defined as claims relating to acts or omissions by the Crown prior to 21 September 1992. Treaty of Waitangi Act 1975 (No. 114) (as at 5 August 2009), section 6AA. As of April 2010. Waitangi Tribunal, Current Status of the Waitangi Tribunal’s Inquiry Programme (July 2010). With two exceptions: the Tribunal can direct that State-owned enterprise lands and Crown forest lands be returned to Maori, although this is rarely done. 9