title: Māori social identities in New Zealand and Hawai'i

authors: Nikora, Linda Waimarie

subjects: Maori

abstract: This research is comprised of two narrative interview studies of Māori in two different settings, New Zealand (n=20) and Hawai'i (n=30).  The data was gathered over the 1994-1996 period.  The two settings have some commonalities and differences.  In both settings Māori are required to make decisions about the continuity of their ethnic Māori identities and hereditary cultural identities of iwi, hapu and whanau, and the part that they wish these identities to play in their daily lives.  The focus of this research was about how Māori create meaning in their lives and maintain their social identities across and within those contexts they move through. 

The findings of this research suggest that Māori in New Zealand continue to value and gain meaning and satisfaction from their cultural collectivities and the social identities derived from them.  However, the results tend to suggest that there are changes in the ways that individuals conceptualise these identities and concomitantly, how they see of themselves.
For New Zealand participants, conceptions of hapu and iwi appear to be converging with an increasing focus on the physicality of marae, its environment and symbolism, and the social events and relationships negotiated in that space.  New Zealand participants saw some hapu and iwi maintenance activities as more legitimate than others.  More value was placed on returning to hapu and iwi homelands however irregular these returns were.  In contrast, conceptions of hapu and iwi held by participants in Hawai'i seemed less intense.  There were few opportunities to engage with other hapu or iwi members.  Being Māori had greater meaning and was understood, probed and valued by others in the culturally plural context of Hawai'i.  For New Zealand participants, being Māori was enacted in the context of being a discriminated, negatively constructed minority.  All were aware of the defining effect that the presence of a dominant majority could have and countered these effects by engaging in social justice and in-group solidarity activities.

The changing identity conceptions held by members of Māori social groups will have implications for a sense of community and social cohesion, for tribal asset management, service delivery and crown settlement processes.  If Māori are redefining and renegotiating their social identities to achieve greater meaning and satisfaction then these changes are important to respond to and recognise.

text: Māori social identities in New Zealand and Hawai'i This research is comprised of two narrative interview studies of Māori in two different settings, New Zealand (n=20) and Hawai'i (n=30).  The data was gathered over the 1994-1996 period.  The two settings have some commonalities and differences.  In both settings Māori are required to make decisions about the continuity of their ethnic Māori identities and hereditary cultural identities of iwi, hapu and whanau, and the part that they wish these identities to play in their daily lives.  The focus of this research was about how Māori create meaning in their lives and maintain their social identities across and within those contexts they move through. 

The findings of this research suggest that Māori in New Zealand continue to value and gain meaning and satisfaction from their cultural collectivities and the social identities derived from them.  However, the results tend to suggest that there are changes in the ways that individuals conceptualise these identities and concomitantly, how they see of themselves.
For New Zealand participants, conceptions of hapu and iwi appear to be converging with an increasing focus on the physicality of marae, its environment and symbolism, and the social events and relationships negotiated in that space.  New Zealand participants saw some hapu and iwi maintenance activities as more legitimate than others.  More value was placed on returning to hapu and iwi homelands however irregular these returns were.  In contrast, conceptions of hapu and iwi held by participants in Hawai'i seemed less intense.  There were few opportunities to engage with other hapu or iwi members.  Being Māori had greater meaning and was understood, probed and valued by others in the culturally plural context of Hawai'i.  For New Zealand participants, being Māori was enacted in the context of being a discriminated, negatively constructed minority.  All were aware of the defining effect that the presence of a dominant majority could have and countered these effects by engaging in social justice and in-group solidarity activities.

The changing identity conceptions held by members of Māori social groups will have implications for a sense of community and social cohesion, for tribal asset management, service delivery and crown settlement processes.  If Māori are redefining and renegotiating their social identities to achieve greater meaning and satisfaction then these changes are important to respond to and recognise.

year: 2007

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: Resisting captivity: An analysis of the New Zealand POW experience during World War Two

authors: Johnson, Matthew

subjects: captivity

abstract: During World War Two more than 9,000 New Zealand servicemen were captured and imprisoned. Many of these men were confronted by the challenges of disempowerment and a prolonged imprisonment. However, histories of captivity have tended to portray the prisoner-of-war (POW) experience as a continual attempt to disrupt the enemy war effort from behind the wire. More recent scholarly works have challenged this simplistic narrative. This thesis continues this work by emphasising the diversity of resistance and the use of various forms of escapism, both physical and mental, to cope with captivity. In doing so, it explores how men constructed their individual identities, refusing to be labelled as mere prisoners.

More than escapees or saboteurs, POWs were active agents in shaping the spaces they inhabited. They implemented elements of their pre-war lives into their daily camp routines. Although these efforts never turned their camps into comfortable environments, they were an escape from the monotony of camp life. Combined with letters from loved ones, shaping the camps into more familiar spaces helped bridge the men’s remoteness from New Zealand.

Through a detailed examination of New Zealand POW diaries, letters, memoirs, images and oral histories, this thesis uncovers an intimate depiction of captivity. The men’s individual experiences are at the forefront. In their accounts they recorded vivid accounts of life as POWs. This thesis uses these sources to explore how men came to terms with their captivity, resisted being labelled as prisoners, and coped with being imprisoned so far from home.

text: Resisting captivity: An analysis of the New Zealand POW experience during World War Two During World War Two more than 9,000 New Zealand servicemen were captured and imprisoned. Many of these men were confronted by the challenges of disempowerment and a prolonged imprisonment. However, histories of captivity have tended to portray the prisoner-of-war (POW) experience as a continual attempt to disrupt the enemy war effort from behind the wire. More recent scholarly works have challenged this simplistic narrative. This thesis continues this work by emphasising the diversity of resistance and the use of various forms of escapism, both physical and mental, to cope with captivity. In doing so, it explores how men constructed their individual identities, refusing to be labelled as mere prisoners.

More than escapees or saboteurs, POWs were active agents in shaping the spaces they inhabited. They implemented elements of their pre-war lives into their daily camp routines. Although these efforts never turned their camps into comfortable environments, they were an escape from the monotony of camp life. Combined with letters from loved ones, shaping the camps into more familiar spaces helped bridge the men’s remoteness from New Zealand.

Through a detailed examination of New Zealand POW diaries, letters, memoirs, images and oral histories, this thesis uncovers an intimate depiction of captivity. The men’s individual experiences are at the forefront. In their accounts they recorded vivid accounts of life as POWs. This thesis uses these sources to explore how men came to terms with their captivity, resisted being labelled as prisoners, and coped with being imprisoned so far from home.

year: 2018