Home | Databases | WorldLII | Search | Feedback New Zealand Constitutional Law Resources

Ratification of the Provisional Constitution of Port Nicholson by the Native Inhabitants [1840] NZConLRes 8 (10 April 1840)

Last Updated: 21 August 2017

RATIFICATION AND EXTENSION OF THE ABOVE CONTRACT BY THE SOVEREIGN CHIEFS OF PORT NICHOLSON.

We, the Sovereign Chiefs of the district of Wanga-nui-atera, or Port Nicholson, being moved thereto by the representations of Col. Wakefield, President of the Council of the white people, who have settled in the aforesaid district, and by a consideration of the interests of all the inhabitants of the said district, as well Native as otherwise, do hereby ratify and confirm the within agreement, and do declare that the same shall have the force of law within our territories, and shall be binding upon all parties residing within the same, subject, nevertheless, to the modification and stipulation hereafter mentioned.

1^st. That the Council within named shall continue in office for the space of one year from the first of January, one thousand eight hundred and forty; and that at the expiration of that period a fresh Council shall be elected for the space of one year, by the votes of the majority of the male inhabitants of the colony, not legally disqualified, and who have resided in the colony for the space of three months, and that on the first day of each succeeding year a similar election shall take place; the manner and time of holding the first and all subsequent elections to be determined by the said Council.

2^nd. That the President of the said Council shall remain in office for the space of five years from the said first of January, one thousand eight hundred and forty. That at the expiration of that period, a President shall be elected by an electoral body equal in number to the Council for the time being, to be chosen on that principle by the majority of the voles of the male inhabitants of the colony, not legally disqualified. That the President shall have a veto upon all resolutions of the Council, but that any such resolution, if adopted by a succeeding Council, shall have the force of law.

3^rd. That the Council within named, and all succeeding Councils to be elected as aforesaid, shall possess and exercise all such powers of legislation, and by means of their President, shall perform all acts not being repugnant to the law of England, which we as such Sovereign Chiefs might exercise and perform, we hereby ratifying and confirming whatsoever they shall do or cause to be done, in the lawful exercise of the powers so conferred upon them.

4^th. That we will not levy any taxes, nor impose any duties, nor do any other act which may affect the interests of the colony, or the right conferred by the within agreement, or this our ratification thereof, without the advice and consent of the said Council.

5^th. That all the Native inhabitants of the district aforesaid shall possess a perfect equality of rights with the colonists, except that they shall not for the first five years vote at the election of the Council, nor serve as Assessors, except in cases in which the rights or interests of a Native are concerned; and that in any such case, at least three of the Assessors shall be Natives.

6^th. That for the first five years, no law shall be made affecting the rights of the Native population, without our consent specially obtained thereto.

Te buka-buka n ate Pakeha juropi koa tuhia ki tenei buka-buka tapu koa korero kia tatou kit e korero mauri. Koa rongo ia matou. Ia matou korero mot e mahi. Te Kuina Ingarani korero ia matou te nga kingi tenei wenui; ia tatou katoa homai kit e rangtira Pakeha te kaha kit e mea katoa koa tuhi-tuhi ki tenei buka-buka tapu.

(By order)

Samuel Revans

Secretary