Rainey Collins Lawyers

Treaty Claims – The Road to Success

By Peter Johnston, Monday, 3 November, 2003, Treaty

Claims Co-ordination

One of the major issues facing Treaty claimant groups is claims co-ordination. Peter Johnston discusses what it is and why it has become so important.

The Crown imposed requirement of negotiating with ‘large natural groupings’ in any settlement negotiations necessitates the need for exceptional and professional claims co-ordination. Central to this is the role of a claims co-ordinator.

The selection of an excellent claims co-ordinator is becoming crucial. Indeed the selection of a claims co-ordinator can make the difference to the success or failure of the ‘large natural grouping’ to work towards its ultimate goals which will generally include reaching a settlement with the Crown.

Skills Required

The selection of the claims co-ordinator normally rests with a claims committee. In selecting a co-ordinator the claims committee must ensure that the person is independent or at least broadly acceptable to the claimant community. It is also crucial that the person has the appropriate skills and attributes to enable him or her to undertake the key tasks of the claims co-ordinator. The key tasks include the following:

1. To facilitate and co-ordinate the claims within the ‘large natural grouping’.
2. Provide secretarial and administrative support to the claims committee.
3. Give adequate/necessary notice of all hui in accordance with set policies and guidelines.
4. Make all the necessary arrangements for hui.
5. Prepare the agenda in consultation with the Chairperson.
6. Take an accurate record of the minutes including audio/video.
7. Inform the Chairman of any matters that may invalidate proceedings at a hui including for instance the absence of a quorum.
8. Follow up any matters requiring attention arising out of hui.
9. Disseminate information and reports.
10. Being available to receive and deal with claimant queries.

Selection Process

The selection process needs to be thorough, professional and transparent with the aim to attract the best applicants possible. This as a minimum should include widely advertising the position. Given the importance of the role a Human Resource Consultant could be engaged to assist with the process if funding permits.

In all circumstances the applicants must be carefully vetted and all references checked and referees spoken to.

The successful applicant should be contracted on a trial basis on a short-term contract to determine his or her suitability.

What if your current Co-ordinator is not performing to the required standard?
Non-performing co-ordinators must not be put up with. If a committee finds itself in this position seek legal advice immediately on how to obtain improvement in the co-ordinators performance and if improvements are not forthcoming advice as to the co-ordinators removal and replacement.

Conclusion

An exceptional claims co-ordinator will allow a ‘large natural grouping’ to remain cohesive and focused. Effective claims co-ordination will also enable the ‘large natural grouping’ to work through any differences and deal with crucial issues such as mandate and direct negotiations. The right candidate will make a significant difference in assisting claimants to achieving their goals.

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