The lore of the judges: Native Land Court judges' interpretations of Ma¯ori custom law

Abstract

The essay explores what I call the 'lore of the judges': the collective wisdom of the Native Land Court judges on Ma¯ori custom law, especially in relation to land. It is led by a comment by F.D. Fenton, the first Chief Judge, in his Orakei judgment, that the judges' decisions should emulate those of English Common Law judges, and create a body of precedents recorded in 'Year Books' (or Minute Books). The paper examines how the judges' interpretations and remoulding of Ma¯ori custom were eventually incorporated in New Zealand common law. It concludes by asking whether the judge-made law could be considered a Mo¯ri common law.