Marcus John Quenton Poole

Lawyer and Former Mayor of Dannevirke, NZ.

MARCUS JOHN QUENTIN POOLE (1925-2009) As the second youngest in a family of eight children, Marcus John Quentin Poole (usually known as “Mark”) grew up in Khandallah, Wellington. On entering Wellington College, Mark’s intention was to follow the lead of his older brothers into the Navy. But that career was abruptly closed when during a demonstration in the Chemistry class an explosion completely blinded Mark in his left eye. The eye had to be removed and replaced by an eye patch which gave Mark a rakish appearance. That disaster introduced Mark to the nature and extent of legal rights and duties, when the Board of Governors of Wellington College relied, as they considered they were entitled to do, upon immunity from suit then available to the Crown and, at the time, to the school. Notwithstanding the legal defences then available, the Crown eventually made a payment ex gratia to Mark, due in no small measure to the support offered by Peter Fraser, the Minister of Education at the time. Mark decided to study Law. When he entered Victoria University College in 1942, he was only one of eight entrants to the Law School. During Mark’s years as a student, there were never more than 32 fellow students in his classes. Vacations were a period of work, Mark being “manpowered” into freezing works over the long vacation. Like nearly all law students at the time, Mark worked as a Law Clerk for a firm in town, being employed by Morison Spratt & Taylor, a firm which had a very strong practice in Māori Land Law and in Commercial Law. The founder of the firm, C B Morison KC, was the author of Morison “Company Law”, and Campbell Spratt was the author of “The Law of Bankruptcy”. After some years as a Law Clerk, Mark was invited to become a Judge’s Associate to Mr Justice Fair of the (then) Supreme Court. Mark was one of the last male Law Clerks or “Judge’s Associates”, as they were then known. In that capacity he was required to take shorthand and to type notes of evidence at trials. Those who saw him sitting on the Bench beside the Judge could see Mark typing desperately to keep up with the oral evidence of witnesses. In 1947 Mark was admitted to the Bar by Mr Justice Fair on the motion of Mr F C Spratt. In the same year Mark completed his Masters degree in Law, specialising in Māori Land Law, which had begun with his experience as a Law Clerk in Morison Spratt & Taylor and which continued as a significant part of his legal practice. On leaving Wellington, Mark decided to move to Dannevirke to work for Percy Dorrington, who enjoyed a considerable practice in Māori Land Law. After two years in employment, Mark entered into partnership with Percy Dorrington in 1950. He quickly acquired a solid reputation, not only in general legal practice but also in Māori Land Law. Shortly after his admission as a partner, Mark was involved as junior to Percy Dorrington in litigation in the (then) Supreme Court before Mr Justice K B Gresson in Palmerston North. During the trial, Percy Dorrington became ill, and died shortly afterwards. Mark carried on with the trial, greatly impressing the Judge who in his judgment paid a tribute to the way in which Mark had continued with the trial on his own. Not surprisingly, Mark’s mana grew. His expertise in Māori Land Law was taken for granted: his knowledge of local Māori families (whakapapa) was detailed and extensive. It was no surprise when, in the late 1970s, Mark was appointed to the Royal Commission on Māori Land Courts chaired by Sir Thaddeus McCarthy and Dr Rangi Metekingi. With his wide reputation as an expert in Māori Land Law, Mark enjoyed a wide practice in various parts of New Zealand. Where some question of principle arose, he was indefatigable in following it to a satisfactory conclusion for his client. He had an acute understanding of Judges in the Māori Land Court and of other lawyers practising in the same area. Mark had a very strong sense of community obligation. He was heavily involved in Local Body politics, serving as Deputy Mayor and Mayor of Dannevirke, and on various public bodies. His whimsical sense of humour gave much pleasure to the public and his friends, especially when, as sometimes happened in Local Body politics, he was being opposed by a fellow practitioner. He made a remarkable contribution to the work of the Anglican Church at various levels, becoming a lay Canon and Bishop’s Warden. His interests were not narrowly denominational, and during the years of discussion and debate on a plan of organic union of several churches, Mark played a very significant part in dialogue with other denominational bodies working towards union. Within the Anglican Church Mark served on many committees and tribunals, even appearing as counsel for the church in a case before Mr Justice Ongley in the (then) Supreme Court. Although he was vitally interested in the role of women in the Anglican Church, he did not sit on the special statutory Appellate Tribunal to hear an appeal that a Diocesan decision to allow women to be ordained to the Priesthood was contrary to the Canons of the Anglican Church. Mark was a family man who took great pride in the achievement of his children and grandchildren. He actually moved the admission to the Bar of his daughter, Nicola Roberts (now a partner in Mark’s old firm), and more recently attended the admission of his granddaughter (now in Sydney) and of his grandson practising in Auckland. On matters of principle, Mark and his wife felt so strongly about the 1981 Springbok Tour that he was an active opponent and, contrary to his great respect for the law, he found himself demonstrating against the law. Mark agreed with the Psalmist’s prayer: “For all who are mistreated, the Lord brings justice.” George Barton QC LLM (VUW) 1953, Hon LLD 1987