Tole Street: The Honourable Joseph Augustus Tole, BA, LLB, was born in Yorkshire in 1846 of Irish parentage.
The family emigrated to Auckland where he attended St Peter’s Catholic School that was under Mr R J O’Sullivan’s direction at the time, the man who gave many years’ of service to the cause of education in the Auckland district as Inspector of Schools. Incidentally, one of Joseph’s school fellows was the Honourable John Sheehan whose career was like a shooting star that flashed across the political landscape before falling into disgrace and whose grave is now covered by a motorway.
Joseph must have demonstrated early promise because some years later his parents sent him to pursue his studies in one of the higher educational institutions in Sydney, St John’s College, which was affiliated to Sydney University. He matriculated in 1865, entered university where he gained a B.A. in 1868 and decided to make lawhis profession. While reading law, he continued his studies and eventually obtained the LL.B degree. On returning to New Zealand, he had to undergo the usual ordeal of further examinations and finally, in 1872, was admitted to the law fraternity in the colony.
He soon began to take an active role in public affairs, where his ability was recognised by his election to the Ponsonby Highway Board, which he chaired for several years as well as being one of the Auckland Harbour Board’s more progressive members. In the 1876 general election he was persuaded to contest the Mt Eden seat as a staunch supporter of Sir George Grey who had re-entered politics to champion the threatened provincial institutions and to crusade against the capitalists and landed monopolists in the colony. Tole was elected and afterwards, backed Sir George in most of the important submissions made to Parliament. He continued to hold his seat against all comers and when the Stout-Vogel ministry was formed he became Minister of Justice till 1887 when he was finally defeated at the general election.
During his parliamentary career he introduced and amended many important measures such as the Adoption of Children Act, Abolition of Grand Juries, the Criminal Code, The First Offenders’ Probation Act, the first of its kind in the British Empire. This merciful legislation marked a new era in criminal law administration and was adopted in England and neighbouring colonies. Furthermore, he made efforts to introduce shorthand writers into the Supreme Court. After his election defeat Tole resumed practice as a barrister in 1892, and only a year later was appointed crown prosecutor for the Auckland district. He showed marked ability during some very high-profile cases and remained in this role until his death.
Tole took a very active interest in the colony’s life and progress. He held many varied and important offices he was the University Senate’s representative on Auckland Grammar’s Board of Governors, a member of the Auckland University Council, a trustee of the Jubilee Blind Institute, a patron of the Auckland Catholic Literary Society and president of the Auckland branch of the Irish National Federation where he proved his attachment to the land of his forefathers by ungrudgingly promoting Ireland’s lawful aspirations. He married Eleanor Blanche Mary Lewis, the eldest daughter of a merchant in Wanganui, and in his private life was genial and unassuming, taking care to make both his associates and friends at home in his company.
He certainly had cultural interests as well. He was an accomplished violinist and was connected with several musical societies such as the Choral Society and Liedertafel of which he was vice-president. He was also a performing member of the Choral Society and sang the tenor solos in Spöhr’s ‘Last Judgement’, the ‘Messiah’ and other classical pieces. When His Royal Highness, the Duke of Edinburgh visited Sydney University in 1868, Tole took a leading role in a French play staged by the undergraduates. His histrionic performance was described in the press as equal to that of a good professional actor. He became a Queen’s Counsel in 1907 and then died suddenly on 13 December 1920. His obituary states that “In private life, at the bar and in parliament, in civic and in national institutions, in the discharge of his many duties and as a cultured Christian gentleman, Hon Joseph A Tole has achieved a record any colonist might feel justly proud, and which might be studied with advantage by the younger generation.” (DEIRDRE ROELANTS)