In Week 5 the Crown presented its opening submissions to the Court.

 

Here’s a few of the Crown’s assertions, and the way we read them.

  “The defendant acknowledges the deeply felt grievances of the plaintiff and those he represents, and all of the stories in evidence that relate to that… But the defendant invites the Court also to view this from another angle, one that takes in the broad context of the history of this country and then considers the obligations and responsibilities of the Crown in contemporary Aotearoa

 

Our translation: Sorry, not sorry

  “The Crown continues to back its Treaty settlement process as the appropriate means of resolving the issues the subject of this case, and in order to do so in light of the private law duties found to exist, will fully test the application of the remaining steps in the private law process that were initiated by the Supreme Court decision.”

 

Our translation: We will continue to fight you every step of the way

  “The defendant will argue that not only is no land currently held on any trust (of any kind) for the plaintiff, but that the evidence is insufficient to establish breaches of the more general fiduciary the Supreme Court found to have existed… and it is now too late to do justice: the claims are time barred and barred by laches and acquiescence.”

 

Our translation: We will baulk at providing any remedies

  “The defendant denies the facts are sufficient to establish any breach of fiduciary duty across any of the relevant categories of land.”

 

Our translation: The Supreme Court thought differently