title: Chief Justice James Prendergast and the administration of New Zealand colonial justice, 1862-1899

authors: Morris, Grant Hamilton

abstract: The New Zealand legal system during the nineteenth-century was in a state of rapid change and constant turmoil. After the signing of the Treaty of Waitangi between Maori and the British Crown in 1840, British immigration to New Zealand began in earnest. As a British colony, New Zealand gradually acquired the British legal system and adapted it to suit the colonial environment. These adaptations resulted in conflict with Maori and eventually the supremacy of British law in New Zealand. 

This thesis explores the role of James Prendergast in helping to create the colonial New Zealand legal system. Prendergast served as Attorney-General of New Zealand from 1865 to 1875 and Chief Justice of New Zealand from 1875 to 1899. Firstly, the English background of Prendergast is analysed and provided as a context for his actions in New Zealand. Then, Prendergast’s rise to power in New Zealand is explored, focusing primarily on his roles as Attorney-General and Chief Justice. Particular attention is paid to Prendergast’s relationship with Maori, his enduring legacy in New Zealand statute and case law and the relationship between English law and the colonial New Zealand legal system. The recent vilification of Prendergast by modern scholars is detailed, especially in relation to Prendergast’s decision in the case, Wi Parata v Bishop of Wellington (1877). Finally, an assessment is made of Prendergast’s life, legacy and influence in New Zealand legal history. 

Several important conclusions are reached through the study of the life of James Prendergast. Through his words, actions and judgments, Prendergast played a highly influential role in the development of the New Zealand legal system. Prendergast is more than just the two-dimensional figure that he has become in modern scholarship. Many of Prendergast’s actions that were considered successful by contemporary colonial society are also the actions for which Prendergast is now criticised by modern New Zealand society. A clash has occurred between the standards of the past and the views of the present. 

This thesis also proffers the argument that the English legal system was of overwhelming importance in the development of the New Zealand legal system and the administration of colonial justice. The central problem in adapting the English system to the New Zealand environment was the inflexibility of the law in the face of indigenous people’s rights. Prendergast was a product of Victorian England and failed to come to terms with Maori society. While he was a competent judge who left a legacy of common law precedent, Prendergast’s main success was as an administrator and leader of the colonial legal environment. While the Wi Parata decision of 1877 was legally dubious, it is misleading to judge Prendergast's career solely by this one decision. 

James Prendergast is a pivotal figure in the study of nineteenth-century New Zealand legal history. He has left a legacy of legal precedent and jurisprudential controversy. This judicial biography provides an account of his successes and failures throughout his long and eventful life.

text: Chief Justice James Prendergast and the administration of New Zealand colonial justice, 1862-1899 The New Zealand legal system during the nineteenth-century was in a state of rapid change and constant turmoil. After the signing of the Treaty of Waitangi between Maori and the British Crown in 1840, British immigration to New Zealand began in earnest. As a British colony, New Zealand gradually acquired the British legal system and adapted it to suit the colonial environment. These adaptations resulted in conflict with Maori and eventually the supremacy of British law in New Zealand. 

This thesis explores the role of James Prendergast in helping to create the colonial New Zealand legal system. Prendergast served as Attorney-General of New Zealand from 1865 to 1875 and Chief Justice of New Zealand from 1875 to 1899. Firstly, the English background of Prendergast is analysed and provided as a context for his actions in New Zealand. Then, Prendergast’s rise to power in New Zealand is explored, focusing primarily on his roles as Attorney-General and Chief Justice. Particular attention is paid to Prendergast’s relationship with Maori, his enduring legacy in New Zealand statute and case law and the relationship between English law and the colonial New Zealand legal system. The recent vilification of Prendergast by modern scholars is detailed, especially in relation to Prendergast’s decision in the case, Wi Parata v Bishop of Wellington (1877). Finally, an assessment is made of Prendergast’s life, legacy and influence in New Zealand legal history. 

Several important conclusions are reached through the study of the life of James Prendergast. Through his words, actions and judgments, Prendergast played a highly influential role in the development of the New Zealand legal system. Prendergast is more than just the two-dimensional figure that he has become in modern scholarship. Many of Prendergast’s actions that were considered successful by contemporary colonial society are also the actions for which Prendergast is now criticised by modern New Zealand society. A clash has occurred between the standards of the past and the views of the present. 

This thesis also proffers the argument that the English legal system was of overwhelming importance in the development of the New Zealand legal system and the administration of colonial justice. The central problem in adapting the English system to the New Zealand environment was the inflexibility of the law in the face of indigenous people’s rights. Prendergast was a product of Victorian England and failed to come to terms with Maori society. While he was a competent judge who left a legacy of common law precedent, Prendergast’s main success was as an administrator and leader of the colonial legal environment. While the Wi Parata decision of 1877 was legally dubious, it is misleading to judge Prendergast's career solely by this one decision. 

James Prendergast is a pivotal figure in the study of nineteenth-century New Zealand legal history. He has left a legacy of legal precedent and jurisprudential controversy. This judicial biography provides an account of his successes and failures throughout his long and eventful life.

year: 2001

title: Ko te Pakiwaituhi Ko Au, Ko Au Ko te Pakiwaituhi: He Wewetenga o te Pakiwaituhi Tōra Mātātoa, He Whakapuakanga Pakiwaituhi Māori

authors: Ross, Kristin Cherie

subjects: Pakiwaituhi Māori

abstract: ARIĀ

Mai i ngā tau o te whitu tekau te pakanga a ētahi rōpū Māori kia rangona te Māori, kia kitea te Māori ki runga pouaka whakaata.  I kura takahi puni te whiua o rātou mā ki te Karauna kia whakamanahia tāna i oati ai i te Tiriti o Waitangi.  Otirā, ka tohua te Karauna ki te tiaki i ngā kura kāmehameha a te Māori, arā, ko te reo me ōna tikanga.  I kitea e rātou mā tētahi patanga oranga o tō tātou reo, o ā tātou tikanga mā te ao pāpāho.  E mara e, kua tuangahuru ngā tau e whakapāoho atu ana a Whakaata Māori mai i tōna whakarewanga i te tau 2004.  Nā aua kikopuku reo, nā aua mumu tikanga, nā aua matā mana motuhake i whai wāhi mai ai te Māori i te ao pāpāho, otirā, i te ao o te pouaka whakaata. 

Ka mutu, ko te ngako ia o tēnei tuhinga, he whakamahuki, he tirotiro, he ketuketu i te pakiwaituhi kōhungahunga, i a Dora the Explorer.  I whakamāorihia e Whakaata Māori ki a Tōra Mātātoa.  Mō te pakiwaituhi rongonui, kāhore he painga i a Tōra Mātātoa.  Kei te mātakitakihia e ngā iwi huhua ki ngā tōpito katoa o te ao.  Ko te pātai ia nā, he aha oti ngā ehunga Māori ka kitea, ka rangona rā roto mai i te pakiwaituhi kōhungahunga, i a Tōra Mātātoa?  Mā tēnei rangahau tonu e whakautu.  

Ko ngā pakiwaituhi katoa o Whakaata Māori mā te kōhungahunga he mea hanga e iwi kē atu i te Māori.  Ka mutu ka whakaarohia e tēnei rangahau ētahi huarahi e taea ai e tātou te whakaputa pakiwaituhi Māori mā te kōhungahunga.  Otirā, ka whakapua mai ai i tētahi pakiwaituhi Māori nāku tonu.  Ko tāku e whakapae nei, me kite ā tātou tamariki i a rātou anō rā roto mai i ngā pakiwaituhi.  Ko tāku e manako nei, kia kaha te iwi Māori ki te kimi huarahi e whakaputa ai i ā tātou ake pakiwaituhi nā te Māori, mā te Māori, mō te Māori. 

ABSTRACT

Since the 1970s select Māori groups have fought to be seen and heard in the broadcasting industry and particular television.  United and banded they challenged the Crown to honour what was promised to them in the Treaty of Waitangi.  They demanded that the Government maintain the Māori language and its customs.  They saw television as a means to retain and transmit our language and culture.  2014 marked the tenth year of broadcasting for Māori Television.  This prestigious achievement in Māori broadcasting was due to the efforts of our leaders who fought tirelessly to ensure our language and customs were and are maintained throughout broadcasting. 

The basis of this thesis is the analysis of the preschool animation, Dora the Explorer, which was broadcast and translated by Māori Television as Tōra Mātātoa.  Dora the Explorer is arguably the most famous preschool animation.  The show is watched by the masses all over the world. This thesis investigates the question; what representations of Māori are seen and heard in the preschool animation Tōra Mātātoa? 

All of the preschool animations shown on Māori Television have been created by non-Māori.  Therefore, the purpose of this research is to create new ways of thinking that will initiate the production of locally made preschool animation.  This thesis looks at a Māori animation example that I have created based on the findings of this research.  It is imperative that our children see themselves on the television screen.  I hope Māori actively seek avenues to ensure the production of preschool animation by Māori, for Māori and about Māori.

text: Ko te Pakiwaituhi Ko Au, Ko Au Ko te Pakiwaituhi: He Wewetenga o te Pakiwaituhi Tōra Mātātoa, He Whakapuakanga Pakiwaituhi Māori ARIĀ

Mai i ngā tau o te whitu tekau te pakanga a ētahi rōpū Māori kia rangona te Māori, kia kitea te Māori ki runga pouaka whakaata.  I kura takahi puni te whiua o rātou mā ki te Karauna kia whakamanahia tāna i oati ai i te Tiriti o Waitangi.  Otirā, ka tohua te Karauna ki te tiaki i ngā kura kāmehameha a te Māori, arā, ko te reo me ōna tikanga.  I kitea e rātou mā tētahi patanga oranga o tō tātou reo, o ā tātou tikanga mā te ao pāpāho.  E mara e, kua tuangahuru ngā tau e whakapāoho atu ana a Whakaata Māori mai i tōna whakarewanga i te tau 2004.  Nā aua kikopuku reo, nā aua mumu tikanga, nā aua matā mana motuhake i whai wāhi mai ai te Māori i te ao pāpāho, otirā, i te ao o te pouaka whakaata. 

Ka mutu, ko te ngako ia o tēnei tuhinga, he whakamahuki, he tirotiro, he ketuketu i te pakiwaituhi kōhungahunga, i a Dora the Explorer.  I whakamāorihia e Whakaata Māori ki a Tōra Mātātoa.  Mō te pakiwaituhi rongonui, kāhore he painga i a Tōra Mātātoa.  Kei te mātakitakihia e ngā iwi huhua ki ngā tōpito katoa o te ao.  Ko te pātai ia nā, he aha oti ngā ehunga Māori ka kitea, ka rangona rā roto mai i te pakiwaituhi kōhungahunga, i a Tōra Mātātoa?  Mā tēnei rangahau tonu e whakautu.  

Ko ngā pakiwaituhi katoa o Whakaata Māori mā te kōhungahunga he mea hanga e iwi kē atu i te Māori.  Ka mutu ka whakaarohia e tēnei rangahau ētahi huarahi e taea ai e tātou te whakaputa pakiwaituhi Māori mā te kōhungahunga.  Otirā, ka whakapua mai ai i tētahi pakiwaituhi Māori nāku tonu.  Ko tāku e whakapae nei, me kite ā tātou tamariki i a rātou anō rā roto mai i ngā pakiwaituhi.  Ko tāku e manako nei, kia kaha te iwi Māori ki te kimi huarahi e whakaputa ai i ā tātou ake pakiwaituhi nā te Māori, mā te Māori, mō te Māori. 

ABSTRACT

Since the 1970s select Māori groups have fought to be seen and heard in the broadcasting industry and particular television.  United and banded they challenged the Crown to honour what was promised to them in the Treaty of Waitangi.  They demanded that the Government maintain the Māori language and its customs.  They saw television as a means to retain and transmit our language and culture.  2014 marked the tenth year of broadcasting for Māori Television.  This prestigious achievement in Māori broadcasting was due to the efforts of our leaders who fought tirelessly to ensure our language and customs were and are maintained throughout broadcasting. 

The basis of this thesis is the analysis of the preschool animation, Dora the Explorer, which was broadcast and translated by Māori Television as Tōra Mātātoa.  Dora the Explorer is arguably the most famous preschool animation.  The show is watched by the masses all over the world. This thesis investigates the question; what representations of Māori are seen and heard in the preschool animation Tōra Mātātoa? 

All of the preschool animations shown on Māori Television have been created by non-Māori.  Therefore, the purpose of this research is to create new ways of thinking that will initiate the production of locally made preschool animation.  This thesis looks at a Māori animation example that I have created based on the findings of this research.  It is imperative that our children see themselves on the television screen.  I hope Māori actively seek avenues to ensure the production of preschool animation by Māori, for Māori and about Māori.

year: 2015

title: Using neural fields to model motor evoked potentials due to transcranial magnetic stimulation

authors: Wilson, Marcus T.

abstract: Neural field models, in which populations of neurons are described through ensemble-averaged properties such as firing rate and axonal flux, have been well-used to describe electroencephalogram (EEG) effects in natural sleep, anaesthesia and epilepsy. Changes in EEG due to stimulation by electromagnetic fields have also been studied. However, experimental data concerning transcranial magnetic stimulation (TMS) is dominated by measurements of motor-evoked potentials (MEPs). To use neural fields for TMS, a model of the MEP is required. In this work, an existing model has been augmented by addition of populations of cells describing stages of the MEP pathway previously neglected by neural field models. The model includes coupled populations of excitatory and inhibitory layer 2/3 cortical neurons, stimulated by an external field. These populations feed an additional population of layer 5 neurons, which also couples weakly to the external field. The layer 5 neurons feed motoneurons, from which a measure of the motor-evoked potential is constructed. After some tuning of parameters, the extra populations have resulted in a better model of the MEP than previously present in neural field models. The model reproduces the non-linear response to an increase in stimulation amplitude. With a paired-pulse protocol it reproduces the experimental effects of intracortical facilitation and long-interval intracortical inhibition, though it shows only weak short-interval intracortical inhibition. The experimental direct and indirect waves of activation from the layer 5 neurons are not adequately reproduced. Small changes in synaptic weight can give much greater changes in MEP response. In conclusion, the model is promising but it raises questions about whether neural field models are really appropriate for the study of many TMS effects.

text: Using neural fields to model motor evoked potentials due to transcranial magnetic stimulation Neural field models, in which populations of neurons are described through ensemble-averaged properties such as firing rate and axonal flux, have been well-used to describe electroencephalogram (EEG) effects in natural sleep, anaesthesia and epilepsy. Changes in EEG due to stimulation by electromagnetic fields have also been studied. However, experimental data concerning transcranial magnetic stimulation (TMS) is dominated by measurements of motor-evoked potentials (MEPs). To use neural fields for TMS, a model of the MEP is required. In this work, an existing model has been augmented by addition of populations of cells describing stages of the MEP pathway previously neglected by neural field models. The model includes coupled populations of excitatory and inhibitory layer 2/3 cortical neurons, stimulated by an external field. These populations feed an additional population of layer 5 neurons, which also couples weakly to the external field. The layer 5 neurons feed motoneurons, from which a measure of the motor-evoked potential is constructed. After some tuning of parameters, the extra populations have resulted in a better model of the MEP than previously present in neural field models. The model reproduces the non-linear response to an increase in stimulation amplitude. With a paired-pulse protocol it reproduces the experimental effects of intracortical facilitation and long-interval intracortical inhibition, though it shows only weak short-interval intracortical inhibition. The experimental direct and indirect waves of activation from the layer 5 neurons are not adequately reproduced. Small changes in synaptic weight can give much greater changes in MEP response. In conclusion, the model is promising but it raises questions about whether neural field models are really appropriate for the study of many TMS effects.

year: 2018