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: Poi Apakura

authors: Maxwell, Te Kahautu

abstract: Poi Apakura portrays the battles both pre European contact through to the land wars and the confiscation of 400,000 acres of Te Whakatōhea land s in 1865 with the killing of the missionary Rev Catl Volkner known as Te Wākana. Performed by Ōpōtiki Mai Tawhiti at the Te Matatini World Championship Kapa Haa Competition 2013.

text: Poi Apakura Poi Apakura portrays the battles both pre European contact through to the land wars and the confiscation of 400,000 acres of Te Whakatōhea land s in 1865 with the killing of the missionary Rev Catl Volkner known as Te Wākana. Performed by Ōpōtiki Mai Tawhiti at the Te Matatini World Championship Kapa Haa Competition 2013.

year: 2013

title: Allozyme and mitochondrial DNA variability within the New Zealand damselfly genera Xanthocnemis, Austrolestes, and Ischnura (Odonata)

authors: Nolan, Liam

subjects: allozymes

abstract: We collected larval damselflies from 17 sites in the North, South and Chatham Islands, and tested the hypotheses that: (1) genetic markers (e.g., allozymes, mtDNA) would successfully ¬discriminate taxa; and (2) the dispersal capabilities of adult damselflies would limit differentiation among locations. Four species from three genera were identified based on available taxonomic keys. Using 11 allozyme loci and the mitochondrial cytochrome c-oxidase subunit I (COI) gene, we confirmed that all taxa were clearly discernible. We found evidence for low to moderate differentiation among locations based on allozyme (mean FST = 0.09) and sequence (COI) divergence (<0.034). No obvious patterns with respect to geographic location were detected, although slight differences were found between New Zealand’s main islands (North Island, South Island) and the Chatham Islands for A. colensonis (sequence divergence 0.030–0.034). We also found limited intraspecific genetic variability based on allozyme data (Hexp < 0.06 in all cases). We conclude that levels of gene flow/dispersal on the main islands may have been sufficient to maintain the observed homogeneous population structure, and that genetic techniques, particularly the COI gene locus, will be a useful aid in future identifications.

text: Allozyme and mitochondrial DNA variability within the New Zealand damselfly genera Xanthocnemis, Austrolestes, and Ischnura (Odonata) We collected larval damselflies from 17 sites in the North, South and Chatham Islands, and tested the hypotheses that: (1) genetic markers (e.g., allozymes, mtDNA) would successfully ¬discriminate taxa; and (2) the dispersal capabilities of adult damselflies would limit differentiation among locations. Four species from three genera were identified based on available taxonomic keys. Using 11 allozyme loci and the mitochondrial cytochrome c-oxidase subunit I (COI) gene, we confirmed that all taxa were clearly discernible. We found evidence for low to moderate differentiation among locations based on allozyme (mean FST = 0.09) and sequence (COI) divergence (<0.034). No obvious patterns with respect to geographic location were detected, although slight differences were found between New Zealand’s main islands (North Island, South Island) and the Chatham Islands for A. colensonis (sequence divergence 0.030–0.034). We also found limited intraspecific genetic variability based on allozyme data (Hexp < 0.06 in all cases). We conclude that levels of gene flow/dispersal on the main islands may have been sufficient to maintain the observed homogeneous population structure, and that genetic techniques, particularly the COI gene locus, will be a useful aid in future identifications.

year: 2007