Juridical encounters : Māori and the colonial courts, 1840-1852 / Shaunnagh Dorsett.
"From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Māori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Māori and many settlers lived according to t...
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| Format: | Book |
| Language: | English |
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Auckland :
Auckland University Press,
[2017]
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Table of Contents:
- Introduction
- Juridical Encounters
- PART I. WHOSE LAW? WHICH LAW?:
- 1. Preliminary Matters
- 2. Metropolitan Theorising: Amelioration, Protection and Exceptionalism
- 3. Amenability to British Law and Toleration: The Executive and Others
- 4. Common Law Jurisdiction over Māori: Three Cases
- 5. Conclusion
- PART II. DESIGNING EXCEPTIONAL LAWS AND INSTITUTIONS:
- 1. Hobson and Clarke: 'Native' Courts
- 2. FitzRoy: The Native Exemption Ordinance 1844
- 3. FitzRoy: Unsworn Testimony
- 4. Grey: The Resident Magistrates Courts 1846
- 5. Conclusion
- PART III. JURIDICAL ENCOUNTERS IN THE COLONIAL COURTS:
- 1. Preliminaries: Courts and Data
- 2. Offices: Protectors, Lawyers, Interpreters
- 3. Crime
- 4. Suing Civilly: The Resident Magistrates Court and the Office of the Native Assessor
- 5. Conclusion
- The Displacement of Tikanga
- A Brief Jurisprudential Afterword
- Appendix I. A Note on Court Data
- APPENDIX II. Court Structure in the Colonial Period
- APPENDIX III. Māori before the Superior Courts
- APPENDIX IV Māori before the Resident Magistrates Court for Civil Matters inter se in Auckland and Wanganui
- Appendix V. The Provinces
- Abbreviations
- Bibliography
- Index.