File:Sir James Prendergast (15527888056).jpg
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On 17 October 1877, Chief Justice James Prendergast made a statement on Te Tiriti o Waitangi during the Wi Parata v The Bishop of Wellington case that has been used (and abused) many times since. The case involved Ngāti Toa land in the Porirua region that had been provided for Bishop Octavius Hadfield. In exchange, the church promised that a school for young Ngāti Toa would be established. No school was ever built, and two years later (1850) the church obtained a Crown grant to the land without the consent of Ngāti Toa. Prendergast and his colleagues took the now-rejected view that 'native' or 'aboriginal' customary title, not pursuant to a Crown grant, could not be recognised or enforced by the courts, and ruled against Wi Parata of Ngāti Toa. As nzhistory.net.nz notes, in his reserved judgement, Prendergast described the Treaty of Waitangi as ‘worthless’ because, in his view "it had been signed ‘between a civilised nation and a group of savages’". Prendergast belived that since the Treaty had not been incorporated into domestic law, it was a ‘simple nullity.' Te Ara describes how the case has been seen by some as "the start of a line of authority in which the New Zealand courts, contrary to established common law and international law principles, refused to recognise and enforce 'native title'… however, there are earlier New Zealand Court of Appeal decisions which express a similar view on 'native title' as it related to Crown grants." Yet as Te Ara notes, the case led to significant alienation of Māori land and gave credibility to views now mainly rejected. This portrait of Prendergast comes from the Patent and Copyright series held at Archives New Zealand. Archives Reference: PC4 Box 8/ 1892/53 archway.archives.govt.nz/ViewFullItem.do?code=18288280 More on the Wi Parata v The Bishop of Wellington case can be found at www.nzhistory.net.nz/the-chief-justice-declares-that-the-... and www.teara.govt.nz/en/biographies/1p29/prendergast-james For updates on our On This Day series and news from Archives New Zealand, follow us on Twitter twitter.com/ArchivesNZ Material from Archives New Zealand |
| Date | |
| Source | Sir James Prendergast |
| Author | Archives New Zealand from New Zealand |
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This image was originally posted to Flickr by Archives New Zealand at https://flickr.com/photos/35759981@N08/15527888056. It was reviewed on 8 September 2016 by FlickreviewR and was confirmed to be licensed under the terms of the cc-by-sa-2.0. |
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| current | 21:21, 8 September 2016 | | 1,309 × 1,717 (1.19 MB) | Vanished Account Byeznhpyxeuztibuo (talk | contribs) | Transferred from Flickr via Flickr2Commons |
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