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Provisional Constitution of the Port Nicholson Settlers 1839 [1839] NZConLRes 4 (14 September 1839)

Last Updated: 21 August 2017

The Provisional Constitution

We, the undersigned, intending to inhabit the New Zealand Land Company’s first and principal settlement, with the view to provide for the peace and order thereof, do hereby agree amongst ourselves, and pledge our honour to submit ourselves to the following regulations, and to enforce them, that is to say: -

1^st. That al the persons parties to this agreement shall submit themselves to be mustered and drilled under the directions of persons to be appointed as hereinafter mentioned.

2^nd. That in case a person shall commit any offence against the law of England, he shall be liable to be punished in the same manner as if the offence had been committed in England.

3^rd. That in case any dispute shall arise, such dispute shall be decided in the manner hereinafter mentioned.

4^th. That a committee shall be formed of the following persons: Colonel Wakefield, the Company’s principal Agent, George Samuel Evans, Esq., Barrister at law, Hon. Henry William Petre, Dudley Sinclair, Esq., Francis Alexander Molesworth, Esq., Captain Edward Daniel, Lieutenant William Mein Smith, the Company’s Surveyor-General, Richard David Hanson, Esq., Edward Betts Hopper, Esq., George Duppa, Esq., George Hunter, Esq., Henry Moreing, Esq., Henry Saint Hill, Esq., Thomas Mitchell Partridge, Esq., Major David Starkie Durie. That Colonial William Wakefield shall be the President thereof. That is all cases the Company’s principal officer shall be the President. That the Company shall have the power to appoint five additional members. That the Committee shall have the power to add five additional members. That the number of members shall not exceed twenty-five. That five members shall be a quorum for all purposes. That Samuel Revans, Esq., shall be the first Secretary to the Committee.

5^th. That the Committee shall have the power to make rules for their meetings, and to appoint the necessary officers; and that a meeting of the Committee shall take place within three days after five members shall have arrived in the settlement.

6^th. That the Committee shall have power to appoint a person who shall be called an Umpire and that George Samuel Evans, Esq., Barrister at Law, shall be the first Umpire. That the Umpire shall preside in all criminal proceedings, and assisted by seven Assessors, shall decide on the guilt or innocence of the party accused.

7^th. That if the party be declared guilty, the Umpire shall state the punishment to be inflicted. Provided, that without the special approval of the Committee, no imprisonment to be stated by the Umpire shall exceed three months, and no fine to be so stated shall exceed £10.

8^th. That in all civil proceedings the Umpire shall preside. That each party may choose an Arbitrator, who shall sit with the Umpire, and the award of the majority shall bind the parties; and the Umpire shall have all necessary powers of compelling the attendance of witnesses, and the production of books and papers, and of examining the witnesses.

9^th. That the Committee shall have power to appoint five of their members, who shall be called a Committee of Appeal; and to such Committee an appeal may be made in all cases, civil and criminal, and the decision of such Committee shall be final.

10^th. That the Committee and the Umpire shall be authorised to make such rules and orders for their government, in the execution of their duties, as they shall think fit.

11^th. That the Committee may direct in what manner the Assessors shall be chosen.

12^th. That the Committee shall direct the calling out of the armed inhabitants, and shall make rules and regulations for the government of the same.

13^th. That the Company’s principal Agent shall have the highest authority in directing the armed inhabitants when called out; and that the Committee shall have the power to appoint such other persons as they think fit to assist in such direction.

14^th. That the Committee shall have the power to make regulations for preserving the peace of the settlement; and shall have power to levy such rates and duties as they shall think necessary to defray all expenses attending the management of the affairs of the colony, and the administration of justice.

In witness whereof we have hereunto set our hands this fourteenth day of September, one thousand eight hundred and thirty-nine.