James Prendergast

Sir James Prendergast (10 December 1826 – 27 February 1921) was the third Chief Justice of New Zealand. 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 Wi Parata v The Bishop of Wellington in which he described the Treaty of Waitangi as "a simple nullity" Early life Prendergast was born in London, United Kingdom, on 10 December 1826. He was the youngest son of Michael Prendergast QC ( appointed QC 1850) and his wife, Caroline Dawe, the sister of artist George Dawe. Appointed a judge of the Sheriff's Court in London in 1856, his father was controversial but probably eccentric and outspoken rather than corrupt. Other children were Michael (born 1822; came to New Zealand), Philip (born 1824) and Caroline (born 1829, died ). He was educated at St Paul's School, London. He entered Caius College, Cambridge in 1845, but soon migrated to Queens' College, graduating BA in 1849. In 1849, he married Mary Jane Hall at Cambridge. They had no children. 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 became a magistrate's clerk, first at Elephant Bridge, then Carisbrook and, in 1854, Maryborough. In 1856, another Londoner, the young Julius Vogel, 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. His brother Michael Prendergast was also in Victoria, and moved to Dunedin. Prendergast decided to emigrate to New Zealand and with his wife arrived in Dunedin on 20 November 1862. He was admitted to the Bar in Otago that year. His arrival in Dunedin coincided with the Otago goldrush. 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 Otago Daily Times.