THE NEW ZEALAND GOVERNMENT ACT.

Otago Witness, Issue 78, 13 November 1852, Page 3

THE NEW ZEALAND GOVERNMENT ACT.

CA.P. LXXII. An Act to grant a Representative Constitution to the Colony of New Zealand. [30th June 1852.] Whereas by an Act of the Session holden in the third and fourth years of Her Majesty, chapter 62, it was enacted, that it should be lawful for Her Majesty, by letters patent, to be from time to time issued under the great seal of the United Kingdom, to erect into a separate colony or colonies any i( islands which then were or which thereafter might be comprised within, and be dependencies of the colony of New South Wales : And whereas, in pursuance of the powers in her vested by the said Act, Her Majesty did, by certain letters patent under the great seal of the United Kingdom, bearing date the 16th day of November, in the 4th year of her reign, erect into a separate colony the islands of New Zealand, theretofore comprised within or dependencies of the colony of New South Wales, bounded as therein deBcribed, and the said islands of New Zealand were thereby erected into a separate colony accordingly ; and Her Majesty did, by the said letters patent, authorise the Governor for the time being of the said colony of New Zealand and certain other persons to be a legislative council for such colony, and to make laws for the peace, order, and good government thereof : And whereas by an Act of the Session holden in the ninth and tenth years of Her Majesty, chap. 103, the Act firstly herein recited, and all charters, letters patent, instructions, and orders in council made and issued in pursuance thereof, were repealed, abrogated, and annulled, so far as the same were repugnant to the Act now in recital, or any letters patent, charters, orders in council, or royal instructions to be issued under the authority thereof; and by the Act now in recital certain powers for the government of the said islands were vested in Her "Majesty, to be executed by letters patent under the Great Seal of the United Kingdom, or by instructions under H»»r Majesty's signet and sign manual, approved in her Pi ivy Council, and accompanying or re ferred to in such letters patent : And whereas, in pursuance of the said last-mentioned act, her Majesty did, by letters patent bearing date at Westminster the 23rd day of December in the tenth year '.of her reign, and by certain instructions made and approved as required by such Act, and bearing even date with and accompanying the said letters patent, execute certain of the powers by such Act vested in her Majesty for the better government of the said islands : And whereas by an Act of the Session holden in the eleventh and twelfth years of Her Majesty, chapter 5, so much of the said Act secondly herein recited, and the said letters patent and instructions issued in pursuance thereof, as relates to the constitution and establishment of two or more separate assemblies within the said islands, and of a general assembly in and for the said islands, was suspended for five years, unless Her Majesty, with the advice of her Privy Council, should direct the same to be carried into effect before the expiration of that period; and by the Act now in recital the said firstlyrecited Act, letters patent, and instructions were revived for the time, daring which the said secondlyrecited Act, letters patent, and instructions were suspended as aforesaid ; and by the Act now in recital certain powers were vested respectively in the Governor-in-Chief of the said islands and in such Governor and the Legislative Council thereof: And whereas it is expedient that further and better provision should be made for the government of New Zealand; Be it therefore enacted by the Queen's I •most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and \ Commons, in this present Parliament assembled, jind by the authority of the same, as follows : —

I. The said acts, and all charters, letters patent, instructions, and orders in council issued in pursuance thereof, shall be and the same are hereby repealed, so far as the same are repugnant to or would prevent or interfere with the operation of this act or any letters patent or instructions to be issued under the authority or in pursuance of this act : Provided nevertheless, that all laws and ordinances made and acts done under and in pursuance of the said recited acts, and any charters, letters patent, instructions, or orders in council issued in pursuance thereof, shall continue as lawful, valid, and effectual as if this act had not been passed, save so far as any such laws, ordinances or acts may be repugnant to or would prevent or interfere with the operation of this act ; provided also, that, until the expiration of the time or latest of the times appointed for the return of writs for the first election of members of the provincial councils of the provinces established by this act, the existing provincial legislative councils shall continue to have and exercise all rights, jurisdiction, powers, and authorities which they wpuld have had if this act had not been passed ; and until the expiration of the time appointed for the return of the writs for the first election of the members of the house of representatives to be constituted under this act, the legislative council of New Zealand shall continue to have andexercise all rights, jurisdiction, powers, and authorities which such legislative council would have had if this act had not Keen passed. 11. The following provinces are hereby established in New Zealand ; namely, Auckland, New Plymouth, Wellington, Nelson, Canterbury, and Otago ; and the limits of such several provinces shall be fixed by proclamation by the governor as soon as

conveniently may be after the proclamation of this act in New Zealand.

111. For each of the said provinces hereby established, and for every province hereafter to be established as hereinafter provided, there shall be a superintendent and a provincial council, and the provincial council of each of the said provinces hereby established shall consist of such, number of members, not less than nine, as the governor shall by proclamation direct and appoint.

IV. Upon or before the issue of writs for the first election of members of the provincial council, for any province established by or under this act, the persons duly qualified in each of the said provinces to elect members for the provincial council as here-in-after mentioned shall elect a superintendent of such province ; and on the termination of such I council by expiration of the period herein-after fixed for its continuance, or by the previous dissolution i thereof, the persons qualified as aforesaid shall elect the same or some other person to be superintendent, and so on from time to time ; and every such superintendent shall hold his office until the election of his successor : provided always, that it shall be lawful for the governor of New Zealand, on behalf of her Majesty, to disallow any such election ; and if such disallowance be signified by the governor under the seal of New Zealand, to the speaker of such council, at any time within three months after such election, the office of superintendent shall become vacant ; and on any vacancy occasioned by such disallowance, or by the death or resignation of the superintendent (such resignation being accepted by the governor on behalf of her Majesty), a new election shall in like manner take place : provided further, that at any time during the continuance of the office of any such superintendent it shall be lawful for her Majesty to remove him from such office, on receiving an address signed by the majority of the members of such provincial council praying for such removal ; and thereupon the like proceedings shall be had as in the case of any such vacancy as above mentioned. V. It shall be lawful for the governor, by proclamation, to constitute within each of the said provinces hereby established convenient electoral districts for the election of members of the provincial council, and of the superintendent, and to appoint and declare the number of members to be elected for each such district for the provincial council, and to make provision for the registration and revision of lists of all persons qualified to vote at the elections to be holden within such districts, and for the appointing of returning officers, and for issuing, executing, and returning the necessary writs for such elections, and for taking the poll thereat, and for determining the validity of all disputed returns, and otherwise for ensuring the orderly, effective, and impartial conduct of such elections; and in determining the number and extent of such electoral districts, and the number of members to be elected for each district, regard shall be had to the number of electors within the same, so that the number of members to be assigned to any one district may bear j to the whole number of the members of the said council, as nearly as may be, the same proportion as the number of electors within such district shall bear to the whole number of electors within the limits of the province.

VI. Every person within any province hereby established or hereafter to be established who shall be legally qualified as an elector, and duly registered as such, shall be qiialified to be elected a member of the provincial council theieof, or to be elected superintendent thereof: provided always, that it shall not be necessary that he reside or possess the qualification in the particular district for which he may be elected to serve as a member.

VII. The members of every such council shall be chosen by the votes of the inhabitants of the province who may be qualified as hereinafter mentioned ; that is to say, every man of the age of twenty-one years or upwards having a freehold estate in possession situate within the district for which the vote is to be given of the clear value of fifty pounds above all charges and incumbrances, and of or to which he has been seised or entitled, either at law or in equity, for at least six calendar months next before the last registration of electors, or having a leasehold estate in possession situate within such district, of the clear annual value of ten pounds, held upon a lease which at the time of such registration shall have not less than three years to run, or having a leasehold estate so situate, and of such value as afoiesaid, of which he has been in possession for three years or upwards next before such registration, or being a householder within such district occupying a tenement within the limits of a town (to be proclaimed as such by the governor for the purposes of this act) of the clear annual value of ten pounds, or without the limits of a town of the clear annual value of five pounds, and having resided therein six calendar months next before such registration as aforesaid, shall, if duly registered, be entitled to vote at the election of a member or members for the district.

VIII. Provided always, that no person shall be entitled to vote at any such election who is an alien, or who at any time theretofore shall have been attainted or convicted of any treason, felony, or infamous offence within any part of her Majesty's dominions, unless he shall have received a free pardon, or shall have undergone the sentence or punishment to which he shall have been adjudged for such offence.

IX. It shall be lawful for any member of any provincial council, by writing under his hand, addressed to the superintendent of the province, to resign his seat in the said council ; and upon the receipt by the superintendent of such resignation the seat of such member shall become vacant.

X. If any member of any provincial council shall for two successive sessions of such council fail to give his attendance therein, or shall become bankrupt, or shall become an insolvent debtor within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous offence, his seat in such council shall thereupon become vacant.

XI. Any question which shall arise respecting any vacancy in a provincial council on occasion of any of the matters aforesaid shall be heard and determined by such council, on such question being referred to them for that purpose by the superintendent of the province, and not otherwise. XII. Whenever it shall be established to the satisfaction of the superintendent that the seat of any member of the provincial council has become vacant, the superintendent shall forthwith issue a writ for the election of a new member to serve in the place so vacated, during the remainder of the term of the continuance of such council, and no longer. XIII. Every provincial council shall continue for the period of four years from the day of the return of the writs for choosing the same, and no longer : Provided always, that it shall be lawful for the governor, by proclamation or otherwise, sooner to dissolve the same, whenever he shall deem it expedient so to do.

XIV. The governor shall cause the first writs for the election of members of the provincial council of every province hereby established to be issued at some time not later than six calendar months next after the proclamation of this act in New Zealand ; and upon the expiration of the said period of the continuance of any provincial council, or upon the previous dissolution thereof, the governor shall cause writs to be issued for the election of members of the ensuing council.

-XV. It"shaU~be lawful for the superintendent, by proclamation in the Government Gazette, to fix such place or places within the limits of the province, and such times for holding the first and every other session of the provincial council, as he may think fit, and from time to time, in manner aforesaid, to alter and vary such times and places as he may judge advisable, and most consistent with general convenience.

XVI. It shall be lawful for the superintendent to prorogue such council from time to time, whenever he shall deem it expedient so to do. XVII. Provided always, that there shall be a session of every provincial council once at least in every year, so that a greater period than twelve calendar months shall not intervene between the last sitting of the council in one session and the first sitting of the council in the next session. XVIII. It shall be lawful for the superintendent of each province, with the advice and consent of the provincial council thereof, to make and ordain all such laws and ordinances (except and subject as hereinafter mentioned) as may be required for the peace, order, and good government of such province, provided that the same be not repugnant to the law of England.

XIX. It shall not be lawful for the superintendent and provincial council to make or ordain any law or ordinance for any of the purposes hereinafter mentioned ; (that is to say), 1. The imposition or regulation of duties on customs to be imposed on the importation or exportation of any goods at any port or place in the province. 2. The establishment or abolition of any court of judicature of civil or criminal jurisdiction, except courts for trying and punishing such offences as by the law of New Zealand are or may be made punishable in a summary way, or altering the constitution, jurisdiction, or practice of any such court, except as aforesaid. 3. Regulating any of the current coin, or the issue of any bills, notes, or other paper currency. 4. Regulating the weights and measures to be used in the province, or in any part thereof. 5. Regulating the post offices and the carriage of letters within the province. 6. Establishing, altering, or repealing laws relating to bankruptcy or insolvency. 7. The erection and maintenance of beacons and lighthouses on the coast. 8. The imposition of any dues or other chirc;e< on shipping at any port or harbour in the province. 9. Regulating marriages. 10. Affecting lands of the crown, or lands to which the title of the aboriginal native owners has never been extinguished. 11. Inflicting any disabilities or restrictions on persons of the native race to which persons of European birth or descent would not also be subjected. 12. Altering in any way the criminal law of New Zealand, except so far as relates to the trial and punishment of such offences as are now or may by the criminal law of New Zealand be punishable in a summary way as aforesaid. 13. Reeulatinj; the course of inheritance of real or personal property, or affecting the law relating to wills.

XX. Ever}' provincial council shall immmediately on their first meeting, and before proceeding to the despatch of any other business, elect one of their members to be the speaker thereof, during the continuance of such council, which election being confirmed by the superintendent shall be valid and effectual ; and in case of vacancy in the said office by death, resignation, or otherwise, then and so often as the same shall happen the election shall be repealed and confirmed as aforesaid. XXI. The speaker of each provincial council shall preside at the meetings of such council ; but in his absence some member elected by the council shall preside. XXII. No provincial council shall be competent to the despatch of any business, unless one-third of the whole number of mem 1 ers be present.

XXIII. All questions which shall arise in any such council shall be decided by the majority of votes of the members present other than the speaker or presiding member ; but in all cases wherein the votes shall be equal the speaker or presiding member shall have a casting vote.

XXIV. Every provincial council at their first meeting, and from time to time afterwards, as occasion may require, shall prepare and adopt such standing rules and orders as may be best adapted for the orderly conduct of the business of such council, which rules and orders shall be laid before the superintendent, and being by him approved shall then become binding and in force. XXV. It shall not be lawful for any provincial council to pass, or for the superintendent to assent to any bill appropriating any money to the public service, unless the superintendent shall first have recommended to the council to make provision for the specific service to which such money is to be appropriated ; and no such money shall be issued or be made issuable, except by warrants to be granted by the superintendent. XXVI. It shall be lawful for the superintendent to transmit to the provincial council, for their consideration, the drafts of any such laws or ordinances as it may appear to him desirable to introduce, and all such drafts shall be taken into consideration in such convenient manner as in and by such rules and orders as aforesaid shall be in that behalf provided.

XXVII. Every bill passed by the provincial council shall be presented to the superintendent for the governor's assent, and the superintendent shall declare, according to his discretion, (but subject nevertheless to the provisions herein contained and to such instructions as may from time to time be given him by the governor,) that he assents to such bill on behalf of the governor, or that he withholds the assent of the governor, or that he reserves such bill for the signification of the governor's pleasure thereon ; provided always that it shall and may be lawfuj for the superintendent, before declaring his pleasure in regard to any bill so presented to him, to make such amendments in such bill as he thinks needful or expedient, and to return such bill with such amendments to such council, and the consideration of such amendments by such council shall take place in such convenient manner as shall in and by the rules and orders aforesaid be in that behalf provided ; provided also, that all bills altering or affecting the extent of the several electoral districts, which shall be represented in the provincial council, or establishing new or other such electoral districts, or altering the number of the members of such council, to be chosen by the said districts respectively, or altering the number of the members of such council, or altering th limits of any town or establishing any new town, shall be so reserved as aforesaid.

XXVIII. Whenever any bill shall have been assented to by the superintendent as aforesaid, the superintendent shall forthwith transmit to the governor an authentic copy thereof. XXIX. It shall be lawful for the governor at any time within three months after any such bill shall have been received by him to declare by proclamation his disallowance of such bill, and such disallowance shall make void and annul the same from and after the day of the date of such proclamation or any subsequent day to be named therein. XXX. No bill which shall be reserved for the signification of the assent of the governor shall have any force or authority within the province, uutil the

| superintendent shall signify either by speech or j message to the provincial council, or by proclamation in the Government Gazette, that such bill has been laid before the governor, and that the governor has assented to the same ; and an entry snail be made in the journals of the provincial council of every such speech, message, or proclamation, and a duplicate thereof, duly attested, shall be delivered to the registrar of the supreme court, or other proper officer, to be kept among the records of the province; and no bill which shall be so reserved as aforesaid shall have any force or authority within the province unless the assent of the governor thereto shall have been so signified as aforesaid within three months next after the day on which such bill shall have been presented to the superintendent for the governor's assent. XXXI. It shall be lawful for the governor from time to time to transmit to the superintendent of any province, for his guidance in assenting to or withholding assent from bills, or reserving the same for the signification of the governor's pleasure thereon, such instructions as to the governor shall seem fit, and it shall be the duty of the superintendent to act in obedience to such instructions.

XXXII. There shall be within the colony of New Zealand, a general assembly, to consist of the governor, a legislative council, and house of representatives. \

XXXIII. For constituting the legislative council of New Zealand, it shall be lawful fur her Majesty, before the time to be appointed for the first meeting of the general assembly, by an instrument under her royal sign manual, to authorize the governor in her Majesty's name to summon to the said legislative council such persons, being not less in number than ten, as her Majesty shall think fit ; and it shall also be lawful for her Majesty from time to time in like manner, to authorize the governor to summon to the said legislative council such, other person or persona as her "Majesty shall think fit, either for supplying any vacancy or vacancies or otherwise, and every person who shall be so summoned shall thereby become a member of the said legislative council : provided always, that no person shall be summoned to such legislative council who shall not be of the full age of twenty.one years, and a natural born subject of her Majesty, or a subject of her Majesty natutalised by act of parliament, or by an act of the legislature of New Zealand. XXXIV. Every member of the legislative council of New Zealand shall hoU his seat therein for the term of his life, subject nevertheless to the provisions hereinafter contained for vacating the same.

XXXV. It shall be lawful for any member of the said legislative council, by writing under his hand, addressed to the governor, to resign his seat in the said council, and upon such resignation and acceptance thereof by the governor the seat of 6uch member shall become vacant.

XXXVI. If any legislative councillor of New Zealand shall for two successive sessions ,of the general assembly, without the permission of her Majesty or of the governor, signified by the said governor to the legislative council, fail to give his attendance in the said legislative council, or shall take any oath or make any declaration or acknowi ledgment of allegiance, obedience, or adherence to any foreign prince or power, or shall do, concur in, or adopt any act whereby he may become a subject or citizen of any foreign state or power, or become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign state or power, or shall become bankrupt, or shall become an insolvent debtor, within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous crime, his seat in such council shall thereby become vacant. XXXVII. Any question which shall arise respecting any vacancy in the said legislative council on occasion of any'of the matters aioresaid shall be refened by the governor to the said legislative council, to be by the said legislative council heard and determined; provided always, that it shall be lawful either for the person respecting whose seat such question shall have arisen, or for her Majesty's at-torney-general for New Zealand on her Majesty's behalf, to appeal from the determination of the said council in such case to her Majesty, and the judgment of her Majesty given with the advice of her privy council thereon shall be final and conclusive to all intents and purposes. XXXVIII. The governor shall have power and authority from time to time to appoint one member, of the said legislative council to be speaker of such council, and to remove him, and appoint another in his stead.

XXXIX. The presence of at least five members of the said legislative council, including the speaker, shall be necessary to constitute a meeting for the exercise of its powers ; and all questions which shall arise in the said legislative council shall be decided by a majority of votes of the members present other th-in the speaker, and when the votes shall be equal the speaker shall have the casting vote.

(To be concluded in our next.)