It was common for passengers to board and live on a ship for a few days before sailing.
Setting Sail depended on getting as much paying cargo on board as possible and the right wind and tides. The captain would not want to be bothered by whether passengers were all on board - that was their reponsibility
This excerpt illustrates the passenger's position
Otago Witness , Issue 540, 5 Apr 1862, P.3 RESIDENT MAGISTRATE'S COURT, PORT CHALMERS.
Wednesday, 2nd April. (Before T. A. Mansford, Esq., R.M.) CONTRAVENTION OF THE PASSENGERS' ACT. William Murray, master of the ship Genii, at present lying at Port Chalmers, was charged, on the information of Mr. Monson, emigration officer, with a contravention of the 36th section of the Passenger Act, inasmuch as he had failed to supply provisions to passengers on board his vessel.
When asked to plead, Captain Murray said there might have been some fault on his part in this instance, but he would plead Not Guilty, and, in evidence of the charge, Mr. Monson called John Holden, who said that he had taken out a passage by the ship Genii, through Mr. George Lumm, shipping agent at Dunedin. On his ticket it was stated that the ship should sail on or about Friday 28th March. He went on board several days before that, and was on board that day. He received no provisions of any kind all that day. In the absence of the captain, he asked the chief officer if he was to have provisions, and the officer said he had nothing to give, and ultimately told him to go and get provision where he could. On the following day, he received no bread or beef, but got some potatoes for dinner. On Sunday also he received potatoes only. He could not swear whether he did or did not get some beef that day. The passengers spoke to Captain Murray on the subject on Saturday, and in the witness's hearing, he told them they might go to h— ll if they liked." but he subsequently ordered the steward to bring up a bag of potatoes ......[The Captain was fined.]
SH