The grand jury of New Zealand in the nineteenth century

Abstract

The grand jury of New Zealand existed for 118 years, but virtually nothing is known about its operation. This article shows that the grand jury of New Zealand developed from an imported institution in 1844 to one that somewhat more closely reflected New Zealand’s needs. Nevertheless, from the first there were voices calling for its abolition and considerable diversity of opinion about its aims and usefulness. It was never comprehensively overhauled to meet local conditions. A survey of its make-up and functions is given along with a survey of the judicial charges given to it and the presentments it made on matters of public importance. Often, and especially in the first few decades of the grand jury’s existence, the impression is given that making presentments on a great variety of topics of public interest was the most important function of the grand jury, eclipsing its role in the criminal law proper. There is special consideration of grand juries and Maori people. The analysis concludes with a conspectus of the grand jury towards the end of its existence (1961) along with the debates surrounding its demise.