Fragile Foundations
The Application of Criminal Law to Crimes Committed in New Zealand between 1826 and 1907
Published on 9. May 2024
442 pages
978-1-77692-236-9 (ISBN)
Description
The arrival of Europeans in Aotearoa brought about an inevitable clash between the laws and values of Maori societies and those of the newcomers.Like a subduction zone between two tectonic plates, each pressing against the other, this clash led to ruptures, often with long-term consequences. This ground-breaking book examines a series of notable criminal trials in order to understand how the indiscriminate application of English criminal law in New Zealand during the 19th century shaped the landscape of contemporary society.These trials partially explain why Maori continue to be adversely affected by this country' s criminal justice system, and also expose the punitive way in which English criminal law was applied during the pre-colonial and colonial eras ? a trait that is never far from the surface of modern New Zealand society.
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Content
- Cover page
- Title page
- Copyright
- Dedication
- Acknowledgements
- Foreword
- Introduction
- Part One - The Precolonial Era
- 1 A Question of Jurisdiction
- 2 Captain Stewart Evades Justice
- 3 Edward Doyle Pays the Ultimate Price
- 4 A Tragic Death at Preservation Inlet
- 5 The Precolonial Era Draws to a Close
- Part Two - An Infelicitous Foray into Rapid Assimilation: The First Prosecutions of Maori Under English Laws
- 6 The Establishment of the Crown Colony
- 7 Early Forays in the Application of English Criminal Law to Maori
- 8 A Ready Obedience to the Laws and Customs of England
- Part Three - The Imposition of Martial Law and the Prosecution of Maori for Treason
- 9 Martial Law During the Crown-Colony Period
- 10 The Court-Martial Trial of the Paripari Prisoners
- 11 The Court-Martial Trials in Whanganui
- 12 Grey's Failure of Statesmanship
- 13 The Treadmill of Treason Trials
- Part Four - Applications of the Law of Insanity
- 14 The Test for Insanity
- 15 The Intriguing Trial of 'Old Cranky'
- 16 The Tormented Rowland Edwards
- Part Five - Malicious Criminals
- 17 A Punitive and Puritan Society
- 18 The Execution of Joseph Burns and Transportation of Margaret Reardon
- 19 Murder on the Sacred Mountain
- 20 A Contentious Legacy
- 21 The Trial of Thomas Hall and Margaret Houston
- 22 Thomas Hall is Saved from the Gallows
- 23 Winton's Baby Farmer: The Nefarious Minnie Dean
- 24 The Arrest and Trial of Minnie Dean
- 25 The Shadow
- 26 A Beacon of Justice and Hope: The Trial of Walter Tricker
- 27 Conclusions
- Select Bibliography
- List of Illustrations
- Index
- Acts and Ordinances
- Cases
