The distinctive features of the Resident Magistrate system in New Zealand : a comparative study

Abstract

This thesis is concerned with a form of justice administration, the Resident Magistrate system, which was applied in colonies within the British Empire during the nineteenth century. When diverse cultural systems came into contact during the process of colonisation harmonious inter-cultural relations were more likely to be promoted when the colonisers recognised the importance and validity of customary laws and practices to the indigenes. Problems arose in inter-cultural relations when the colonisers attempted to impose their system of laws, values and customs on the indigenes. When divisive and exclusionary policies were implemented by colonial legislation, the indigenes were prevented from participating in the creation of a new society which engendered resentment and hostility, lowered the self-esteem of individuals and collectively induced low morale in many indigenous societies. Conversely, when inclusive policies, legislative concessions and compromises promoted a sense of shared responsibility in the administration of justice, the outlook for inter-cultural relations improved. A comparative study has shown that there were variations in the administration of justice in each British colony. The Resident Magistrate system was equipped to promote and foster harmonious inter-cultural relations by applying justice in a form dial could have been acceptable to each society. For a short time and only in New Zealand, the system came closest to realising its potential by utilising legislation to foster a sense of shared responsibility in the administration of justice between two disparate cultures.