FENTON, FRANCIS DART (1821-98) was born at Huddersfield, Yorkshire, in 1821 of an old Yorkshire family with a long legal record. His father, Francis Fenton, was a solicitor practising in London. Educated at Sheffield Collegiate School, he entered the law office of an uncle in Huddersfield where he spent some years and was admitted to practice.

His health being indifferent Fenton sailed for Canterbury in the Barbara Gordon in 1850, but disembarked at Auckland (Oct) and went to live with a cousin, James Armitage, on rented land on the south bank of the Waikato, opposite Tuakau. (Armitage was afterwards resident magistrate in Lower Waikato and was killed by King natives, 7 Sep 1863). Fenton was an accomplished musician, playing both violin and cello. While living at the Rev R. Maunsell's mission station at Maraetai, he attracted the attention of Sir George Grey, who gave him an appointment in the deeds office at Auckland (1852). In Feb 1854 he was resident magistrate at Kaipara. In 1856 he was Native Secretary. A disagreement in policy occurring between him and D. McLean (then land purchase officer), the Governor decided that Fenton was subordinate and he resigned and became a magistrate at Whaingaroa (Jan 1857). Later in the year he was moved to Waikato. There he observed the growth of the King movement and pointed out repeatedly the unsettled state of native affairs and the dangers which might arise from their neglect. He rendered a carefully considered report on the wrongs and wishes of the Maori people, and suggested that they should be assisted to govern themselves. Villages should nominate native magistrates for appointment by the Governor, and officers should be appointed to assist them. Fenton was asked to draw up a Maori book of laws. Owing to political intrigue he was recalled just as his schemes were beginning to offer some hope of averting war. His report was asked for by the House of Representatives and inquired into by the select committee on Waikato affairs (1860). The committee advised the winding up of the Native department as then constituted and considered Fenton well qualified to carry out the work in Waikato. His only error had been his failure to call on Potatau on his tour (1857). In 1858 Fenton became assistant law officer of the Crown and in 1862 a parliamentary agent. In 1865, on Parliament removing to Wellington, he resigned from the law office and became chief judge of the Native Land Court. In 1864 Native affairs were entrusted to responsible ministers and Fenton was recalled to suggest remedies. Finding the act of 1862 defective, he drafted the amending native lands act of 1865, under which great progress was made in the settlement of the country, and administered this and also the N.Z. settlements act (1869) and the national reserves act. Incidentally he distributed the vote of £200,000 granted for the restoration of Taranaki.

In 1869 Fenton was called to the Legislative Council, but with the passing of the disqualification act of 1870 he had to resign (15 Aug 1871). He was afterwards for two years a district judge in Auckland as well as chief judge of the Native Land Court. He retired in 1881, and a few years later took up land in the Kaipara district, where he planted choice vines in the belief that wine would be an important production in the future. About 1895 he returned to Auckland to live.

Fenton drafted the domain act (1861) and was chairman of the Auckland domain board for many years from 1865, and a member of the board of city improvement commissioners. He founded the Auckland Choral society, of which he was permanent president. The erection of the Choral hall was due to his inspiration and energy. Appointed to the Auckland Grammar School board by Sir George Grey in 1868, Fenton was afterwards elected by members of the General Assembly and remained a member until retiring voluntarily (1886). For 50 years he was a parishioner of St Paul's. Fenton's more noteworthy publications are: Observations on the State of Aboriginal Inhabitants in New Zealand (1859) and Important Judgments of the Native Land Court. His judgment in the Orakei case (1869) is an interesting document on the Maori history of Auckland peninsula. In 1885 he published Suggestions for a History of the Origins and Migrations of the Maori People. He died on 23 Apr 1898.

App. H.R. 1860, E1c; N.Z.P.D., pass.; Brett's Almanac, 1879 (p); Fenton, op. cit.; Gorst; Gisborne; Rusden; Cox, Men of Mark; Stack; Auckland Star, 23 Apr 1898; N.Z. Herald, 13 May 1898, 4 May 1908.

Reference: Volume 1, page 139

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