Floating and driving timber in 19th-Century New Zealand: Judge Francis D Fenton and the doctrine of navigable streams

Charlton, Guy; Haazen, Ruby

Author(s)

Charlton, Guy

Haazen, Ruby

Publication Date

2011-12

Abstract

<p>This paper will discuss part of the legal history of logging in New Zealand relating to the water transport of logs and timber which gave rise to the Timber Floating Act 1873 and the Timber-floating Act 1884. It considers the little-known decision by Judge FD Fenton sitting as a district judge in Pope v Appleby, which adopted an American definition of a navigable waterway to limit the rights of riparian owners to obstruct log drives; thus allowing for continued log driving in spite of the 1873 Act which had specifically excluded legal protection for driving. It argues that Appleby is evidence that New Zealand courts instrumentally modified English common law rules and precedent, or construed statutory language in a manner consistent with the 19th-century colonial consensus involving the desirability of extractive economic development in New Zealand. </p>

Citation

New Zealand Universities Law Review, 24(4), p. 649-670

ISSN

2230-5920

0549-0618

Link

https://hdl.handle.net/1959.11/54712

Language

en

Publisher

Thomson Reuters New Zealand Ltd

Title

Floating and driving timber in 19th-Century New Zealand: Judge Francis D Fenton and the doctrine of navigable streams

Type of document

Journal Article

Entity Type

Publication

Author(s)	Charlton, Guy Haazen, Ruby
Publication Date	2011-12
Abstract	<p>This paper will discuss part of the legal history of logging in New Zealand relating to the water transport of logs and timber which gave rise to the Timber Floating Act 1873 and the Timber-floating Act 1884. It considers the little-known decision by Judge FD Fenton sitting as a district judge in Pope v Appleby, which adopted an American definition of a navigable waterway to limit the rights of riparian owners to obstruct log drives; thus allowing for continued log driving in spite of the 1873 Act which had specifically excluded legal protection for driving. It argues that Appleby is evidence that New Zealand courts instrumentally modified English common law rules and precedent, or construed statutory language in a manner consistent with the 19th-century colonial consensus involving the desirability of extractive economic development in New Zealand. </p>
Citation	New Zealand Universities Law Review, 24(4), p. 649-670
ISSN	2230-5920 0549-0618
Link	https://hdl.handle.net/1959.11/54712
Language	en
Publisher	Thomson Reuters New Zealand Ltd
Title	Floating and driving timber in 19th-Century New Zealand: Judge Francis D Fenton and the doctrine of navigable streams
Type of document	Journal Article
Entity Type	Publication

Floating and driving timber in 19th-Century New Zealand: Judge Francis D Fenton and the doctrine of navigable streams

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