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Minutes of the General Assembly 2012 Law, inspiring many young lawyers in their commitment to seeking justice. He managed to combine this busy academic life with practice as a barrister in Wellington. In due course, he devoted himself entirely to private practice. George became famous (infamous, if you were opposed by him) for being unafraid of the difficult, complicated, weighty cases that others did not want to tackle. He undertook detailed and meticulous preparation of all his cases but was especially renowned for handling constitutional issues. After his first appearance before the Privy Council in 1965, George became a regular, appearing 11 times over the course of his career. He was counsel in the 1971 case that sought to prevent the All Blacks tour of South Africa, and in 1976, he argued and won the ground-breaking case of Fitzgerald v Muldoon. In what is widely regarded as a masterpiece of pleadings and submission and drawing on his own religious tradition of the Scottish Covenanters and their refusal to acknowledge the divine right of kings—and no doubt influenced by his former mentor Professor Lauterpacht as to the importance of the rule of law—he secured a Supreme Court declaration against the Prime Minister. George earned the esteem and gratitude of the people of Samoa when, in 2003, he worked with others to overturn the law stripping thousands of Samoans of their New Zealand citizenship. He was touched and proud to be honoured with the Matai title of Vaitoa Fa, Guardian of the Sacred Fountain. George delighted in the breadth of the law to uphold the benefits of a just society for all, espousing the causes of those most vulnerable in the face of mighty institutions of state. In this, he brought to bear not only his great intellect, but also a great generosity of heart and compassion instilled in him through his upbringing in the Presbyterian Church. At his funeral, George’s nephew Frazer recalled being present when George became a Queen’s Counsel, “I remember very clearly his speech in reply at the dinner where he referred to the ancient and now defunct institution of Sergeants at Law and said that the oath sworn when these officers were appointed was that they would serve faithfully all people. He contrasted that with the oath he had sworn that day to serve faithfully Her Majesty. His comment was how more appropriate was that earlier oath. That was deeply instructive and summed up his character. He believed deeply in the rights of the individual and the importance of being forever vigilant against the abuse of power.” George grew up with a great love of Scripture. He treasured it in his own life, and he sought to pass on a love of it both through his involvement as an elder of St Ninian’s, Karori, Wellington, and leading the senior Bible class, and later through his involvement with the Bible Society. This latter culminated in his service as the first New Zealander to be World President of the United Bible Societies. This role took him all over the world and was a source of great satisfaction and joy to both George and his wife, Ailsa, who travelled with him. A figure of great national and international significance, George was nevertheless completely “at home” in his home congregation. Many have fond memories of the time he gave them as young people and trace some of their best qualities to the influence George had on their upbringing. George wore his reputation lightly, never seeking to lord it over those around him, and served faithfully within his local congregation. However, he was also generous to the national Church with his legal skills, providing opinions behind the scenes. This was especially valuable in the late 1960s and early 1970s during the uniting movement when emotive church property issues arose. 10 Session 2
Minutes of the General Assembly 2012 A man of great intellectual rigour, George’s life was founded on his faith in God. When asked to sum up the Law of God, Jesus said simply this, “Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind…and love your neighbour as yourself.” This is what George Barton sought to do, and those who have known him best—as well as those in Aotearoa New Zealand who have scarcely known him—have had their lives blest by the service of a man of rare wisdom and compassion. George’s family chose Jeremiah 9:23-24 as one of the very appropriate readings for his funeral: The LORD says, “Wise men should not boast of their wisdom, Nor strong men of their strength, Nor rich men of their wealth. If anyone wants to boast, He should boast that he knows and understands me, Because my love is constant, And I do what is just and right. These are the things that please me.” Burley, Reverend Samuel (Sam) 11 January 1921 – 17 November 2011 Sam was born in Gisborne and lived there until he moved to Wellington to undergo teacher training. He was schooled at Gisborne Boys High, where he played various sports, including cricket and rugby; he was a rowing cox and was a soccer rep as goalkeeper. As a family, they were very moved by the children and families who suffered during the Depression. These experiences played a big part in the decisions Sam made in his life. Sam went to Wellington Teacher’s College but, just before completion, volunteered and was called up by the Navy shortly after World War II broke out. He had five days to get to Auckland. He visited his family in Gisborne and preached at the Sunday service before travelling north. He had his medical and was given one hour to ring home and get his uniform before embarking; his ship sailed for the UK within same day. Sam began his naval career as an Able Seaman and finished as Lieutenant in charge of Landing craft, Infantry (LCI). He served in the Atlantic, Burma, India, Malta, Italy and the Mediterranean. When based at Malta, he was on a destroyer in a convoy protecting the tanker Ohio which was carrying fuel supplies. When the Ohio was disabled, two destroyers—Sam’s being one—were strapped to either side of the crippled ship and managed to get the vital supplies in to Malta. War was indeed dangerous work! On returning to New Zealand, Sam went back to teaching, his first job being as, he would put it, “infant mistress” in Waikaremoana. Sam taught in many sole charge country schools, including Waitanguru, Mokauiti, and Weber, before moving to Eltham as Deputy Principal. He was a lay preacher and a member of the session in all these areas. Sam married Mavis Finer in 1946; two children, Margaret and David, were to follow. When Knox Theological Hall advertised a two year “Pressure Cooker” course for ministry training, Sam felt the call and his application was accepted. During those Session 2 11
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