Fragile Foundations

• Fragile Foundations: The Application of English Criminal Law to Crimes Committed in New Zealand between 1826 and 1907, examines a series of notable criminal trials to understand how the indiscriminate application of English criminal law in New Zealand during the 19th century shaped the landscape of contemporary society.
• These trials shed light on why Māori continue to be adversely affected by the country’s criminal justice system.
• It also exposes the punitive way in which English criminal law was applied during the pre-colonial and colonial eras, a trait that still influences modern New Zealand society.

The clashes between the laws and values of European settlers and those of Māori societies are likened to a subduction zone, where tectonic plates press against each other and occasionally rupture with long-term consequences. This book delves into the historical context and legal implications of these clashes, providing valuable insights into New Zealand’s legal history and its impact on present-day society.

David Collins retired as a permanent member of the Court of Appeal in 2024, having previously served as a High Court Judge for seven years and as Solicitor-General for six years. His first book, Medical Law in New Zealand, was published by Brooker & Friend in 1992.