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his is a book that should be read by everyone who has an interest in the context in which the laws of New Zealand are made. It covers 200 years of New Zealand history from pre-European times to contemporary issues. The authors begin their research with the observation that all the laws of the country reflect the exercise of political power. How that power is exercised within a particuar context is the subject of the book. The research for the book began with the question how New Zealand responded to the terrorist group Islamic State. Rather than focus on this narrow question, the authors undertook the more ambitious and interesting task of examining how New Zealand, as a liberal democracy, responded in law and policy to a variety of challenges, tensions and threats -both external and internal since its foundation. The book follows a chronological approach with each chapter dealing with a particular period in the government of New Zealand. There are recurring themes that are examined in the context of each chapter and identify both internal and external threats and challenges. It is apparent that while the same sort of threats and challenges arise throughout the generations, the nature of the response will vary according to how the threat is perceived by the state at the time. Perhaps most telling in this respect is the tracking of the changing relationship between Māori and the state institutions dominated by non-Māori interests. With such a large canvas traverssed, the authors do not arrive at an overall conclusion. They do however make some interesting observations. They argue the law reflects who we are as a country and what we value. The fact New Zealand has no formal written constitution means more emphasis is placed on the notion of the rule of law as an unifying national value. It is therefore important we understand who and what influences our laws and this book is a valuable aid to us gaining that greater understanding. The authors observe in their conclusion that despite ideological differences in politics, there have been no strong fluctuations in the law and that our similarities are greater than our differences. The research in this book adds support for the often made claim that New Zealand's fundamental values reflects the expectation of fairness to all, and that our prepared strategy to achieve that value is pragmatism. Although then the book illustrates the approach of each generation to the threats and challenges reflects the reality with which it is faced, both internal and external, it may be argued each generation's response is founded on set of values, although unarticulated constitutionally, that are embedded in our social and political practices and thus reflected in our laws. This is an important book that deserves to be read not only by lawyers but anyone interested in the development of New Zealand. ## Emeritus Professor Margaret Wilson x Preface T his book is about many of the key challenges that New Zealand has experienced in both historical and contemporary contexts, and how these challenges were, and are, reflected in law. All of these laws reflect the exercise of political power which has impacted upon the people of this land. The focus of this work stemmed from a somewhat narrow question that we posed in an application for a New Zealand Law Foundation research grant in 2015. That question, pressing at the time, was how was New Zealand responding to the then threat posed by the terror group, Islamic State. As we started to examine the New Zealand response, it became apparent to us that there were two approaches that we could adopt to answer the question. One, we could take a narrow view of events at that time and simply focus on counter-terrorism; or two, we could take a broader approach which would show how the topic overlapped with laws on surveillance as well as the influence of New Zealand's foreign policy; interrelated concerns arose with the control of firearms, free speech, censorship, and immigration. We chose the second, wider, approach on the basis that the particular legal responses to counter-terrorism in New Zealand would be better understood in the wider context, as it provided a more informed view of political and societal attitudes to these challenges, and the resultant legal responses thereto. As we embarked on the wider approach, it became apparent that what we were really looking at was just one example of a much larger paradigm, and what was occurring was a specific, contemporary manifestation of the threat of violence that is part of our society, whether national or international. Equally, the need to respond with new law and policy was neither new nor novel. This realisation led us to think that what was needed was an examination of how the law and policy of New Zealand, as a liberal democracy, has responded to challenges, tensions and threats -both external and internal -since its foundation. Our thinking around what these tensions were, and how to analyse them, became influenced not only by our reading of historical events, but also contemporary issues as they unfolded around us in ways which were different to the past. Clearly, New Zealand in the twenty-first century is very different to the country that it was in the nineteenth century, and prior to that, both internally and in terms of its external relations with the wider world. Similarly, what we did not know when we started to write in 2015 was that within a couple of years New Zealand would face two of its greatest threats since the middle of the twentieth centurynamely, the Christchurch terror attack of 15 March 2019, and the COVID-19 pandemic. Both of these events resulted in a large amount of law and policy, and forced us to rethink what was important and should be included for study. Cumulatively, we hope this book shows two things. First, law and policy do not occur in a vacuum; rather, they have deep historical roots and, irrespective of the epoch in which they occur, they are a reflection of many other matters which are taking place at that time. Second, every generation faces challenges and the responses to these challenges will always be subject to critical analysis. This book seeks to set out the legal framework underpinning these responses: who was impacted -positively or negatively -by those responses as captured in the law, and how those responses influenced the orientation of the country, both internally and externally. 1 Dame Joan Metge, Commentary on Judge Durie's Custom Law (unpublished paper for the Law Commission, 1996) 2-3 (original emphasis). 2 B Orsman, 'Poll shows a third of Kiwis want to rename New Zealand Aotearoa' New Zealand Herald (Auckland, 10 October 2020). 3 Z Small, 'Using "Aotearoa" and "New Zealand" together "as it should be"' -Jacinda Ardern' Newshub (Auckland, 17 December 2019). We have adopted a chronological approach to our telling of this history, with each chapter dealing with a particular period in the government of New Zealand. Each chapter is organised around certain recurring themes. Some of these themes ebb and flow over the decades, with some themes being more prominent than others at particular times. Their collective significance is that each generation has had, in essence, to deal with many of the same challenges that preoccupy us in contemporary times. For our study, we decided to start at the beginning of law and policy in New Zealand. Accordingly, our account begins with Māori, as the Indigenous people of these lands, their rules, customs, and social conditions as they existed in traditional Māori society. Juxtaposed with this account is a description of the laws, and the values that underpinned them, which the British brought with them. This focus upon Māori and the Crown's ongoing relationship with them, is one of the recurring themes in this work. This theme explores how law and policy were used to position Māori -generally not for the better -within New Zealand society, and the variable efforts to address the consequences of that thinking. At this point, it is important to note neither of the two authors of this work is Māori, and, as such, our interpretation and understanding in these particular areas is limited because of that. We have used te reo Māori (Māori language) words and phrases throughout the book, sometimes interchangeably. We offer translations into English, whilst being mindful of Joan Metge's observation that 'it is necessary to recognise that Mäori concepts hardly ever correspond exactly with those Western concepts which they appear, on the surface, to resemble', and therefore 'the best procedure is to use the Maori word, reminding oneself and alerting others to the fact that the reference is to a Maori not an English concept'. 1 On that note, given that legislation increasingly refers to this country's founding document as the Treaty of Waitangi Te Tiriti o Waitangi, we have adopted that bilingual approach in this book. In contrast, somewhat, although this country is increasingly referred to as Aotearoa New Zealand, 2 we refer to it as New Zealand, which remains its official name. 3 Early attempts to shape a peaceable relationship between Māori and the European arrivals, and subsequently the British in particular, were marred by sporadic violence, the origins of which sometimes lays in cultural misunderstandings. Full-scale war between Māori -the lethality of which was unprecedented -was not far behind. A series of more deadly wars ensued between Māori and the British as the latter responded to Māori rebellion at the loss of their lands and breaches of Te Tiriti o Waitangi the Treaty of Waitangi. The result was a combination of military force and harsh, punitive laws that imprisoned Māori and stripped them of much of their remaining land. We note too, the comparatively recent -and ongoingprocess of apology and compensation on the part of the state for its past actions, a process which is itself an exercise of state power underpinned by a particular legal and policy framework. Some of the themes that we chose to examine presented themselves quite easily, especially those that were the forerunners to the types of external ideological threats that we had started xii Preface 4. The New Zealand Wars Ngā Pakanga o Aotearoa . Foreword Preface Acknowledgements Contents 1 Tikanga Māori and English Law I. Introduction II. Traditional Māori Society: An Overview III. English Law IV. Conclusion 2. The Arrival of the Europeans I. Introduction II. Early Contact III. Britain's Early Legal Response IV. The Musket Wars V. The Declaration of Independence of the United Tribes of New Zealand He Whakaputanga o te Rangatiratanga o Nu Tirene VI. Beyond the Declaration of Independence He Whakaputanga VII. The Treaty of Waitangi Te Tiriti o Waitangi VIII. Conclusion 3. Forging a New Land I. Introduction II. The Establishment of Representative Democracy III. The Imposition of the English Legal System IV. The Police V. Supplementary Intelligence VI. Vagrants, Dissent, Gangs, and Terrorism VII. Detention: Punishment, and Treatment VIII. Press Freedom and Censorship IX. Labour and Unions X. Social Welfare and Government Assistance XI. Natural Disasters and Emergencies XII. Women XIII. Sexual Values XIV. Immigration XV. Foreign Policy XVI. Conclusion 4. The New Zealand Wars Ngā Pakanga o Aotearoa I. Introduction II. The Affray at Wairau III. The Northern War IV. The Conflicts around Wellington and Whanganui V. The Emergence of the Kngitanga VI. War in Taranaki VII. The Waikato War VIII. Pai Mārire: Further Conflict in Taranaki IX. Tītokowaru’s Campaign X. Te Kooti's Campaign XI. The Invasion of Parihaka XII. An End to the Wars XIII. Conclusion 5. God's Own Country I. Introduction II. External Relations and Foreign Policy III. Immigration IV. Political Protest: Military Objectors V. Public Safety VI. The Police VII. Surveillance VIII. Censorship IX. The Rise and Fall of Industrial Peace X. Incarceration and Institutionalisation XI. Māori, Power, and Law XII. Women, Politics and Employment XIII. Sex, Marriage, and Family XIV. The Expansion of Social Welfare XV. Civil Emergencies and the Threat of Infectious Disease XVI. Conclusion 6. The First World War I. Introduction II. The Outbreak of War III. Conscription IV. Māori, Conscription, and the War Effort V. The Control of Anti-War Sentiment VI. Aliens VII. The War's Impact on New Zealand's International Relations VIII. Women and the War IX. Wartime Health X. Conclusion 7. After the First World War I. Introduction II. Participation in the Wider World III. Political Ideologies and Rising Levels of Violence IV. Domestic Legal Responses to Political Threats V. Censorship VI. Incarceration and Institutionalisation VII. Industrial Relations VIII. The Expansion of Social Assistance IX. The 1918 Influenza Pandemic and its Aftermath X. Immigration Control XI. Māori, Law, and Power XII. Women, Law, and Power XIII. The Regulation of Sexual Behaviour XIV. Conclusion 8. From Depression to Radical Change I. Introduction II. The Hawke's Bay Earthquake III. Employment IV. The Expansion of Social Welfare and Healthcare V. Banking Reform VI. Law and Order VII. Incarceration and Institutionalisation VIII. Māori, Power, and Law IX. Women, Power, and Law X. Immigration XI. Censorship and Control of the Media XII. Foreign Policy XIII. Conclusion 9. The Second World War I. Introduction II. The War III. Trade IV. A Stand-Alone Security Agency V. Controlling Dissent VI. Wartime Censorship VII. Aliens VIII. Employment Laws IX. Social Welfare X. Māori, Power, and Law XI. Women, Power, and Law XII. Civil Emergencies XIII. Incarceration and Institutionalisation XIV. Conclusion 10. After the Second World War I. Introduction II. New Zealand's Place in the New World Order III. International Peace and Security IV. Domestic Security and Intelligence V. Controls on Speech and the Media VI. Protecting Economic Prosperity VII. Health, Welfare, and Rights VIII. Industrial Relations: The Gathering Storm IX. The Waterfront Strike X. Women, Law, and Power XI. Māori, Law, and Power XII. Immigration and Citizenship XIII. Conclusion 11. The Golden Years I. Introduction II. The International Challenges III. The Emergence of an Independent Security Service IV. Policing the Police V. Terrorism and Violence VI. Socio-Cultural Change and 'Moral Panic' VII. Censorship and the Media VIII. Law and Order IX. Incarceration and Institutionalisation X. National Emergencies XI. Employment XII. Social Welfare XIII. Immigration XIV. Māori, Power, and Law XV. Women, Power, and Law XVI. Changing Attitudes towards Homosexuality XVII. Conclusion 12. A Time of Protest I. Introduction II. The International Context III. The Legal Response to Political Protest IV. Political and General Violence V. Incarceration and Institutionalisation VI. The New zealand Security Intelligence Service VII. Censorship and Control of the Media VIII. Civil Defence and Infectious Disease IX. Employment X. Social Assistance XI. Māori, Law, and Power XII. Women, Power, and Law XIII. Homosexual Law Reform XIV. Immigration and Citizenship XV. Conclusion 13. Turbulent Times I. Introduction II. The Changing International Context III. Regulation of Public and Political Protest IV. Terrorism: International and Domestic Legal Responses V. The Security Intelligence Agencies VI. Further Significant Reforms VII. An Increasingly Violent Society VIII. Incarceration and Institutionalisation IX. Censorship and Control of the Media X. Māori, Power, and Law XI. Women, Law, and Power XII. Homosexual Law Reform XIII. Social Welfare XIV. Employment Relations XV. Immigration XVI. Civil Defence XVII. Conclusion 14. A Country of Change I. Introduction II. Restructuring the Economy III. Employment IV. Social Security, Education, and Health V. The Rainbow Warrior Bombing VI. International and Domestic Counter-Terrorism Laws VII. Changing International Relationships VIII. Free Speech and Freedom of Assembly IX. Censorship and Media Freedom X. Violent Crime and Anti-Social Behaviour XI. Prisons XII. Reform of the Police XIII. Māori, Law, and Power XIV. Women, Power, and Law XV. Immigration XVI. Civil Emergencies and Infectious Diseases XVII. Homosexual Law Reform XVIII. The New Zealand Bill of Rights Act 1990 XIX. Conclusion 15. Setting a Steady Course I. Introduction II. Realigned International Relationships III. Terrorism and Counter-Terrorism IV. Rising Levels of Extreme Violence V. Law and Order VI. Prisons VII. Disaster, Civil Emergencies and Infectious Diseases VIII. Electoral Change IX. Enhancing the Prohibitions on Discrimination X. Media, Censorship, and Free Speech XI. Freedom of Assembly XII. Privacy XIII. The Intelligence Services XIV. Continued Restructuring of the Employment Market XV. Social Welfare, Health, and Education XVI. Māori, Power, and Law XVII. Women, Power, and Law XVIII. Immigration XIX. Conclusion 16. The Beginning of the Twenty-First Century I. Introduction II. International Terrorism and Violence III. Foreign Policy IV. Terrorism and Violence in New Zealand V. New Counter-Terrorism Laws VI. Counter-Terrorism Laws under Scrutiny VII. Law and Order VIII. Prisons IX. Institutional Reform X. Free Speech, Information, Censorship and the Media XI. Freedom of Assembly XII. Māori, Power, and Law XIII. Employment XIV. Social Security, Housing, and Education XV. Health and Disability XVI. Abuse in State Care XVII. Women, Power, and Law XVIII. Legislative Responses to Further Social Change XIX. Immigration XX. Emergencies XXI. Conclusion 17. The Calm before the Storm I. Introduction II. Foreign Policy III. Terrorism and Mass Violence IV. Responding to the Threat V. Security and Intelligence Agencies under Scrutiny VI. The Christchurch Earthquakes VII. Employment VIII. Legal and Policy Responses to Social Issues IX. Women, Power, and Law X. Māori, Power, and Law XI. Marriage Equality XII. Immigration and Refugees XIII. Freedom of Speech, Information, Censorship and the Media XIV. Freedom of Assembly XV. Conclusion 18. Unprecedented Challenges I. Introduction II. The Global Focus III. Immigration IV. Social Welfare, Health, and Education V. Employment Relations VI. Māori, Law, and Power VII. Women, Law, and Power VIII. Further Steps towards Equality IX. Abuse in State Care X. Freedom of Speech, Censorship, and the Media XI. Terrorism and Mass Shootings XII. The Terrorist Attack in Christchurch XIII. COVID-19 XIV. Conclusion Conclusion Index "This book offers a unique insight into the key legal and social issues at play in New Zealand today. Tackling the most pressing issues, it tracks the evolution of these societal problems from 1840 to the present day. Issues explored include: illegal drugs; racism; the position of women; the position of Maori and free speech and censorship. Through these issues, the authors track New Zealand's evolution to one of the most famously liberal and tolerant societies in the world."-- Provided by publisher