James Mackay (New Zealand politician)

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James Mackay (1804–1875) was a New Zealand politician. He served in the 1st New Zealand Parliament, representing the Town of Nelson electorate, but did not serve in any subsequent Parliaments.

Mackay is noted for his support of the Acting Governor, Robert Wynyard, who argued that it was not possible for Parliament to assume responsibility for governing New Zealand without royal assent. When Parliament disagreed, Wynyard officially prorogued it. Parliament responded by suspending its own standing orders. These orders required that messages from the Governor take precedence over other Parliamentary business.

With the standing orders overturned, Wynyard's message could remain officially "unopened" while Parliament continued to function. Mackay, part of the minority who supported Wynyard, attempted to bypass this tactic by presenting a copy of the New Zealand Gazette which contained the prorogation order, shouting "you are no House, you are prorogued!".

He then attempted to disrupt the business of Parliament until Henry Sewell (later to become New Zealand's first Premier) and another MP attempted to manhandle him out of the debating chamber. Mackay managed to escape, and (in the words of a contemporary) "beat an honourable retreat over the rail into the stranger's gallery, waving defiance to his assailants with his trusty umbrella." Mackay was later found guilty of "gross and premeditated contempt of the House".

Mackay should not be confused with his son James Mackay (1831—1912), active in land purchase negotiations with Māori at roughly the same time.