MAORI’S DEATH

Waikato Times, Volume 127, Issue 21242, 12 October 1940, Page 6

MAORI’S DEATH

FEAR OF HOSPITALS WIDOW’S CLAIM FAILS MAN ACTED UNREASONABLY Judgment has been given for defendants by Mr Justice O’Regan in the case which was heard in the Compensation Court, Hamilton, last week in which Mrs Heneriata Hamilton, of Oruanui (Mr R. B. G. Chadwick, Rotorua), proceeded against Tuck Brothers, Limited, sawmiilers (Mr A. L. Tompkins), for compensation for the death of her husband, Hemopo Kiripaeahi Hamilton. In the statement of claim it was shown that Hemopo Kiripaeahi Hamilton was engaged on December 18 last in the job of securing logs to skids at the Oruanui mill when a log rolled on him and broke both his legs. He received medical attention at Taupo, but later refused to go to hospital, saying that he would die if he did so. He had a strong fear of hospitals and remained at a friend’s house at Hora Hora for ten days. On December 28 his condition was so bad that he consented to admission to the Waikato Hospital. He died there the same day. Fear Not So Prevalent “It has been made clear that there exists a strong prejudice on the part of Maoris against hospital or medical treatment, but that this fear is by no means as prevalent as formerly,” said His Honour when delivering judgment. “Indeed, it is now limited to those who may be called natives of the old school. Deceased clearly belonged to this minority, in thetf the plaintiff states that he could neither read nor write, and had lived less in contact with civilisation than many of his countrymen. “In former times allowance was made for Maori customs more repulsive than mere objection to enter hospital,” continued the judgment, “a prejudice which in isolated cases is shared even by civilised men. Probably the most outstanding instance was afforded early in the history of colonisation. A few weeks alter the Wairau affray in 1843, the Governor, Captain Fitzroy, met Rauparaha and his clansmen at Waikanae, and intimated that, much as he reprobated the putting to death of Captain Arthur Wakefield and his men after they had been made prisoners, he recognised that the captors had acted in accordance with Maori custom and so no utu (revenge) would be exacted. Verdict of History “Public feeling ran very high at the time and the Governor’s action was strongly criticised, but the verdict of history is that he acted with humanity and moderation. Further, there are Maori customs which even today are entitled to public respect and the protection of the law. “After the fullest consideration, however, for one must sympathise with the widow who cannot be allowed even funeral expenses, 1 nave come to the conclusion that the conduct of deceased was unreasonable and in contravention of the Workers’ Compensation Act,” said His Honour. “The facts could not well be stronger, in that here there was no possible difference of professional opinion. Plainly the proper place for a man so badly injured was in hospital, and to hold that deceased acted reasonably in refusing the treatment indicated by commonsense would be not merely an improper concession to superstition, but a clear violation of the Statute.”