Legal villain? A post-mortem on Prendergast

Legal villain? A post-mortem on Prendergast

Victoria University of Wellington’s Faculty of Law is celebrating the launch of a biography of New Zealand’s infamous and second longest serving Chief Justice, James Prendergast.

The author of Prendergast: Legal Villain?, Dr Grant Morris, says Prendergast was best known for referring to the Treaty of Waitangi as a ‘simple nullity’.

“But during his lifetime, he was a highly respected lawyer and judge. He was arguably New Zealand’s dominant legal professional from 1865 to 1899.”

Acting Chief Justice Sir John McGrath, is launching the book at the Old High Court, where Prendergast spent much of his 24 years as a judge and Chief Justice. Sir John is a particularly apt choice, as he was Solicitor-General before becoming a judge.

Prendergast was Attorney-General for 10 years before becoming a judge, during which time the position was similar to that of today’s Solicitor-General.

“Prendergast’s good reputation began being deconstructed in the 1980s, when the Treaty of Waitangi returned to the centre of political life,” says Dr Morris.

“The more the Treaty has been celebrated, the more Prendergast has been condemned. My book asks the question: Who was this legal villain? Was he really a villain at all?”

Dr Morris is a Senior Lecturer at the Faculty of Law. His research and teaching interests include legal history, law and literature and alternative dispute resolution. He has a particular interest in the New Zealand legal profession from 1860 to 1900. He is the author of Law Alive: The New Zealand Legal System in Context.

The biography of James Prendergast was made possible by a grant from the New Zealand Law Foundation.

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