In the aftermath of the Crown’s
recent Te Hiku settlement, the following adaptation of a cautionary tale, first
told to the Waitangi Tribunal in
September 2012, illustrates why it’s settled nothing.
Mr Trusting has a car. His wife has
an interest in it. He leases the car to
Mr Crown for a certain price and on certain conditions.
After a while Mr Crown decides not to return the car. Instead he sells the wheels to Mr Crown Jr and
gives the door panels to Ms Crown.
He then
sells the engine to Ms Opportunist subject to return in case the police say it
must be returned. But he holds on to the
internal workings, fittings, windows and chassis.
Mr Trusting
complains to the police who say, “You have an obligation to fix this issue, Mr
Crown.”
Mr Crown
says to Mr Trusting, “I know I've done you wrong, but I need to provide parts
of your car to other people I've also stolen from, so I’ll give you some money
instead. And because I don’t have much,
if you still want parts of your car back, then I’ll have to deduct their value from
the money I give you.”
Mr Trusting
is the kind of guy who is happy to accept anything that comes his way, so he
says, “OK, I’ll have the two front seats and perhaps the rear view mirror so
that I can see what I used to have.”
Mr Crown
provides the rear view mirror, front seats and windows, but nothing to wind the
windows down with because it’s restricted by legislation. So Mr Trusting can’t control the windows.
Mr
Trusting’s wife says, “Not good enough,” and complains to the police. In the meantime Mr Crown has also given the
chassis and the petrol tank of the car to someone else.
The police
say, “Mr Crown, you must return the engine, chassis and petrol tank, because
the Trustings need them to drive the car.”
Ms Trusting
also wants compensation for the rest of the car but Mr Crown replies, “I've
offered you the front seats, rear view mirror and windows, and I think that’s
fair. Mr Trusting is willing to accept them, and so is everyone else I’ve
stolen from. You should as well.”
That is the end of the analogy. To keep the benefits from his theft of their
car, Mr Crown elevated Mr Trusting and undermined Ms Trusting in the settlement
negotiations. When Ms Trusting insisted
on getting the car and compensation, Mr Crown walked away and blamed her for
the breakdown of negotiations.
In the last years
of her life, my mother was supported by Ms Trustings. Few Mr Trustings and no Mr Crowns visited her. On the eve of Te Rarawa’s settlement, one man
made a rare visit to ask her to attend.
Graciously, she did.
But for anyone to infer that meant she supported Mr Crown and opposed Ms Trusting? That would be just another cautionary tale.