Sir James Prendergast 3rd In office 1 April 1875 – 25 May 1899 Nominated by Appointed by Preceded by Succeeded by Personal details Born ( 1826-12-10)10 December 1826, England Died 27 February 1921 ( 1921-02-27) (aged 94), New Zealand Spouse(s) Mary Jane Hall Sir James Prendergast (10 December 1826 – 27 February 1921) was the third. Prendergast was the first Chief Justice to be appointed on the advice of a responsible New Zealand government, but is chiefly noted for his far-reaching decision in in which he described the as 'a simple nullity'. Contents • • • • • • • • • • Early life [ ] Prendergast was born in London, United Kingdom, on 10 December 1826. He was the youngest son of Michael Prendergast and his wife, Caroline Dawe, the sister of artist.

He enrolled at the Middle Temple in London in 1849, but spent some of the following year teaching at Routledge's School, Bishop's Hull, Somersetshire. In 1852, he joined the rush to the Eureka diggings in Victoria, Australia. He had some luck as a goldminer but contracted dysentery and moved back to town where he. Prendergast is a Stamford native who has worked in the Stamford Public Schools for 24 years. She began her career as a kindergarten teacher at K.T. Murphy and has held a number of teaching and support positions throughout her 19 years there, including head of summer school, reading teacher, and.

He was educated. He entered in 1845, but soon migrated to, graduating BA in 1849. In 1849, he married Mary Jane Hall at Cambridge.

They had no children. He enrolled at the in London in 1849, but spent some of the following year teaching at Routledge's School,, Somersetshire. In 1852, he joined the rush to the Eureka diggings in.

He had some luck as a goldminer but contracted dysentery and moved back to town where he became a magistrate's clerk, first at Elephant Bridge, then Carisbrook and, in 1854, Maryborough. In 1856, another Londoner, the young, set up shop next to Prendergast's office on the Dunolly field, near Maryborough. Vogel and Prendergast began what was to be a long and mutually beneficial association. Prendergast decided to emigrate to New Zealand and with his wife arrived in on 20 November 1862. He was admitted to the Bar in that year. His arrival in Dunedin coincided with the. Thirty-three lawyers were enrolled in Dunedin in 1862, and twenty more over the next three years.

Prendergast's first client was Julius Vogel, then editor of the. In Dunedin, Prendergast prospered – he became a senior partner in the firm of Prendergast, Kenyon and Maddock. In 1863, he was appointed acting solicitor for the, and in 1865 became Crown Solicitor in Otago.

Xtreme Dance Pad Platinum Software For Chiropractors. National roles [ ] From 1865 onwards Prendergast rose through series of national roles, from Member of Parliament, to Attorney-General and then Chief Justice of New Zealand and leading to his being knighted in November 1881. Legislative Council [ ] Prendergast,,,,,,, and were all appointed to the on 8 July 1865.

Prendergast resigned from that role on 15 March 1867. Attorney-General [ ] On 20 October 1865, he became a non-political for 's government. In 1867 he resigned from the Legislative Council, his role as Crown solicitor in Otago and his law practice and moved north to. As Attorney-General Prendergast's task was to consolidate the criminal law. In the process he drafted 94 Acts.

He also helped to create order in the legal profession – in 1870, the was formed with Prendergast as its first president. Chief Justice of New Zealand [ ] Prendergast was appointed on 1 April 1875 on the advice of Sir government. As such, he was the first New Zealand appointed Chief Justice. Wi Parata v Bishop of Wellington [ ].

Main article: Prendergast's most notable judgement was in 1877, a case involving Maori land in that was given to the Anglican Church for the purpose of building a school. The school was never built and Parata asked the land given to the Church be returned to the iwi.

In his judgement, Prendergast took the view that 'native' or 'aboriginal' customary title, not pursuant to a Crown grant, could not be recognised or enforced by the courts, because the was a 'simple nullity'. He called 'primitive barbarians', and said they were 'incapable of performing the duties, and therefore of assuming the rights, of a civilised community'. Prendergast's reasoning was both overturned and enhanced 1941 when Te Heuheu Tukino v Aotea District Maori Land Board was decided, where the Court ruled that the Treaty was seen as valid in terms of the transfer of sovereignty, but as it was not part of New Zealand statute law it was not binding on the Crown. Attack on Parihaka [ ] A number of times, in his capacity as Chief Justice, he acted as. One controversial occasion was in 1881, when the Sir was on a visit to, he sanctioned the invasion of the Maori pacifist 's village at —something the Governor had indicated he was opposed to.

Retirement [ ] Prendergast resigned as Chief Justice on 25 May 1899, after his wife died on 5 March. In his retirement, he became a director of the Wellington Trust, Loan and Investment Company Limited, and the Colonial Mutual Life Assurance Society Limited. He was also appointed a director of the in March 1902. He was genuinely interested in farming matters and became the first president of the Manawatu and West Coast Agricultural and Pastoral Association. In 1912, Prendergast was granted the use of the title of 'Honourable'.

Prendergast died in Wellington on 27 February 1921. References [ ].

A Cambridge Alumni Database. University of Cambridge. Daily Southern Cross. 5 August 1865.

Retrieved 1 February 2012. • (1950) [First ed. Published 1913]. New Zealand Parliamentary Record, 1840–1949 (3rd ed.). Wellington: Govt.

• Scholefield, Guy Hardy (1950) [First ed. Published 1913]. New Zealand Parliamentary Record, 1840–1949. Wellington: Govt. P. 83. access-date= requires url= () • 'Hoani Te Heuheu Tukino VI', URL:, (Ministry for Culture and Heritage), updated 8-Jun-2009 • 'Latest intelligence - The Bank of New Zealand'. The Times (36712). 11 March 1902.

1 January 1912. External links [ ] • • •.

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