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Kororareka Settler's Association Rules 1838 [1838] NZConLRes 1 (23 May 1838)

Last Updated: 21 August 2017

The Kororareka Settlers' Association.

The first attempt to form a sort of Government in New Zealand, to replace the anarchy which had been prevailing, in which every man did as seemed good in his own eyes, was on Tuesday, the 23rd May, 1838, by the formation of the Kororareka Association, formed of householders of the township of Kororareka (Bay of Islands) and its vicinity. The preamble of the scheme which was formed says:—

"This Association has been formed in consequence of the absence of any magisterial authority in the Bay of Islands to frame laws for the better regulation of matters connected with the welfare of the inhabitants, both European and native. The limits of this Association are thus defined:—From Malony or Brind's Bay in a straight line across the land to Oneroa, or the long sandy beach, and all the land that is bounded by the coast from the beach to the Bay." The first resolution provided that in the event of any act of aggression being committed on the persons or property of the members of the society, by the natives of New Zealand or others, the individuals of he Association, should consider themselves bound to assemble together (armed, if necessary, on being called upon to do so) at the dwelling of the person attacked; any member refusing to respond was to be fined £5, but if the person attacked proved to be in fault, he was to be fined £1. The following resolution provided for fines for enticing sailors to leave their ships, for refusing to assist in recapture of runaway sailors, for punishment of robberies, etc. The 8th resolution states that if any inhabitant of Kororareka, or its vicinity, refuses to conform to the foregoing resolution, he not being a member of the society, the members shall unite to oblige him to abide by the law, a fine of £10 was to be inflicted on members who refused to co-operate. By the 9th resolution householders and landholders were obliged to enter into an agreement with their tenants to abide by the laws, under a penalty of £20, and members refusing help to landlords to enforce the laws were to be fined £10. In disputes between landlords and tenants the decision of an arbitration committee of five members was final The 11th resolution required that the Association should meet monthly in the house of one of the members, and the chairman, deputy-chairman, and two other persons then chosen, were the four officers for the ensuing month, to take cognisance of any matter coming under the foregoing resolutions. No officer was to receive any emolument for his services, so that the first Government started very fairly. For the better enforcement of the resolutions, the 13th provided that every member of the Association should provide himself with a good musket and bayonet, a brace of pistols, a cutlass, and at least thirty rounds of ball cartridge, the arms and ammunition to be inspected by an officer appointed for that purpose. The consolidated revenue of the Association was made up of a payment by member of 10s at the general meeting, and 2s a month afterwards. Happy taxpayers to get off so easily! One of the "leading lights" in the formation of the Association was the late Mr. Benjamin Turner, of Newmarket, Auckland. A list of donations is appended to the document, showing that there were men of public spirit in those days in connection with the Association. The "roll of honour" is as follows:—

Alexander Gray, 10s; Thos. Spicer, 10s; Robert Edney, 10s; John Johnson, 10s-John Roberton, 10s; George Russell, £1 1s; John Evans, 10s; James Jones, 10s; Hugh McLiver, 10s; George Hemmings, 10s; David Salmon, 10s; Thos. Fairclough, 10s; Joseph Meyrick, 10s; Samuel Stephenson. 10s; Thos. Grenville, 10s; Win. Jones, 10s; Thomas Graham, 10s; Win. Alexander, 10s; Captain Starbeck, Merrimac, £2; Captain Apsey, Haricott, £1; Mr. Lake, first mate Haricott £1; Chevalier Dillon, a book; contributed by the members on a former occasion, £1 2s: Captain Riley, of barque Hope, £1.

Resolution 1— That in the event of any act of aggression being committed on the persons or property of the members of the society by the natives, of New Zealand or others, the individuals of this association shall consider themselves bound to assemble together, armed if necessary, on being called upon to do so, at the dwelling of the person attacked, and if any member shall refine, he shall be fined £5 sterling; but if the person attacked be in fault, he shall be fined £5 sterling.

Resolution 2— That no mariner shall be entitled to run away, or to leave any vessel for the purpose of being secreted, nor shall known runaways be received or harboured by any member, and, that if any member shall commit such an offence, he shall pay for each mariner so enticed away, received, secreted, or harboured, a fine of £10 sterling.

Resolution 3— That if any mariner shall absent himself from the vessel to which he belongs, contrary to the Act of William IV for merchant seamen, and the captain of the vessel or his officers make no application to this association for the space of four clear days after the said mariner has left his vessel, then such person shall not be considered runaways.

Resolution 4—" That every member shall consider himself bound to aid any commander of a vessel who may apply for the recovery of runaway sailors who may be at Kororareka, or in its vicinity within the prescribed time mentioned in the third resolution, and if any member shall refuse to give aid, he shall pay a fine of £5 sterling.

Resolution 5— That if any person be reported to have committed a robbery on any of the inhabitants of Kororareka, or in its vicinity, he shall be obliged to appear before at least seven members of this association, one of whom shall preside over the proceedings, and they shall examine witnesses in proof of the person's guilt or innocence; and if the evidence goes to prove the guilt of the person so accused, then it shall be necessary for the seven members to agree unanimously before the accused be pronounced guilty, and if they agree, then the guilty person shall be forwarded to the British Resident, to be dealt with as he may think fit, but if the British Resident refuses to act, then the guilty person shall be punished according to the local laws which necessity may compel us to frame.

Resolution 6—That if a member or any other person residing at Kororareka or in its vicinity shall receive any property, knowing it to be stolen, and not make a report thereof to this association, he shall be dealt with as a thief would be, according to the foregoing resolution,

Resolution 7— That if any boat be landed at Kororareka for the purpose of business, or that brings sailors who are on liberty to the house of any of the members of this society, and the oars and boat be given in charge of the said member, and such oars and boat be stolen, thon all the members called upon shall exert themselves to the utmost of their power for the recovery of the stolen property, and in case of refusing to do so, each shall be fined £5 sterling."

Resolution 8 That if any inhabitant of Kororareka or its vicinity refuses to conform to the foregoing resolutions, he not being a member of this society, every member shall unite to oblige such person to abide by the laws, and if any member refuses he shall be fined £10 sterling.

Resolution 9—That the householders and landholders, who may have a house, or houses or land to let, shall hereafter be obliged to enter into an agreement with their tenant or tenants to conform to the foregoing resolutions; and if necessary, to call in any of the members of this association to enforce the laws, and in the event of such landlord neglecting or refusing to do so, he shall be fined £20 sterling; and if any member shall refuse to give all the help in his power to the landlord for the purpose above-named, he shall be fined £10 sterling.

Resolution 10—That if a tenant or tenants of any member of this society or association shall refuse to pay the rent of the premises he occupies, or who will not quit in case of non-payment, it shall be considered right to call in at least five members to arbitrate the matter, and the aforesaid landlord, and tenant or tenants, shall be bound to abide by their decision.

Resolution 11—That the association shall meet once a month in the house of one of the members, and the chairman, deputy-chairman, and other persons then chosen shall be the four officers for the ensuing month, to take cognisance of any matter coming under the foregoing resolutions, and that no officer shall receive any emolument for his services.

Resolution 12 Should' any of the four officers for the ensuing month be obliged to absent himself or themselves, and give a satisfactory reason to the chairman, another member or members to be chosen in his or their room for the month, and on the absent member or members returning, he or they shall be obliged to serve the time he or they have been absent, in relief of the member or members taking his or their place; or if either of the four absent himself on the day of meeting, three to form a quorum, of which the chairman or the deputy-chairman shall be one.

Resolution 13—That every member of the association shall, as soon as possible, provide himself with a good musket and bayonet, a brace of pistols, a cutlass, and at least fifty rounds of ball cartridge; and that the said arms and ammunition shall be inspected at any time by an officer appointed for that purpose.

Resolution 14— That to form a fund to defray the expenses of this association each member shall pay at the next general meeting ten shillings and two shillings per month afterwards.

Resolution 15— That no person shall be allowed to become a member of this association who may reside out of the limits as before defined, until all the resolutions have been made and carried, and then any person so described, wishing to join the society, shall, on application, be proposed at the first general meeting afterwards, and be balloted for at the next meeting, or be elected or rejected by a show of hands

Resolution 16^[1]—If any person or persons are found guilty of any theft, or connected with any robbery, or buying stolon goods knowing them to be stolon, or harbouring a thief, or assisting a thief to get away without being brought to justice, the same person or persons be found guilty of any of the offences, shall be taken, to the tar-and-feathering shed and receive three coats of tar and feathers, and be then drummed off the beach into a boat and landed on the opposite side of the river, and never allowed to return to Kororaroka.

^[1] Resolution 16 does not appear in several reports of these rules