NCJ Number
135848
Journal
International Journal of the Sociology of Law Volume: 19 Issue: 3 Dated: (August 1991) Pages: 293-319
Date Published
1991
Length
27 pages
Annotation
The history of the legal system in colonial New Zealand in the 19th century focuses on the way in which the indigenous legal system operated by the Maori people came to be silenced and eliminated as a condition of being granted British citizenship and imperial protection.
Abstract
The Maori criminal justice system rested on the brief that socially harmful behavior, whether civil or criminal in Western terms, was caused by an imbalance to the social equilibrium. Thus, the purpose of the justice system was to restore the balance, usually by some form of restitution or victim compensation called utu or muru. This justice system contrasted sharply with the British model and was not recognized as a valid system by the colonial rulers. It was gradually silenced following New Zealand's annexation by Great Britain in 1984 and despite various treaties specifying the continuity of Maoridom. The processes of erasure and assimilation of the Maori culture and legal system continued during the 1970's and 1880's. Recognition is now growing that New Zealand's penal system is unsuccessful, and the Maori system could have made a significant contribution in solving some of the current problems. Despite its imperfections, the Maori system was one without imprisonment, run by community members, and responsive to the needs of victims. Notes and 14 references