"NEW ZEALAND SETTLEMENTS ACT" AND " SUPPRESSION OF REBELLION ACT."

Wellington Independent, Volume XVIII, Issue 1994, 10 December 1863, Page 7

"NEW ZEALAND SETTLEMENTS ACT" AND " SUPPRESSION OF REBELLION ACT."

An Act to enable the Governor to establish Settlements for Colonization in the Northern Island of New Zealand. Whereas the Northern Island of the Colony of New Zealand bas, from time to time, been subject to insurrections amongst the evil disposed persons of the Native Tace, to the great injury, alarm, and intimidation of her ETajesty's peaceable subjects of both races, and involving great losses of life and expenditure of money in their suppression ; and whereas many outrages upon lives and property have recently been committed, and such outrages are still threatend, and of almost daily occurrence ; and whereas a large number of the inhabitants of several districts of the colony have entered into combinations, and taken up arms with the object of attempting the extermination or expulsion of the European settlers, and are now engaged in open rebellion against her Majesty's authority: and whereas it is necessary that some adequate provision should be made foi the permanent protection and security of the well disposed inhabitants of both races, for the prevention of future insurrection or rebellion, and for the establishment and maintenance of her Majesty's authority, and of law and order throughout the colony. And whereas the best and most effectual means of attaining those cads would be by tbe introduction of a sufficient number of settlers, able to protect themselves and to preserve the peace of the country : Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows : — 1. The short title of this Act shall be " The New Zealand Settlements Act, 1863." 2. Whenever tbe Governor in Council shall be satisfied that any native tribe, or section of a tribe, or any considerable number thereof, bas since the Ist day of January, 1863, been engaged in rebellion against her Majesty's authority, it shall be lawful for the Governor in Council to declare that the district within which any land being the property or in the possession of such tribe, or section, or considerable number thereof, Khali be situate, shall be a district within the provisions of this Act, and the boundaries of such district in like manner to define and vary as he shall think fit. 3. It shall be lawful for tbe Governor in Council, from time to time to set apart within any such district eligible sites for settlements for colonisation, and the boundaries of such settlements to define and vary. 4. For the purposes of such settlements the Governor in Council may from lime to time reserve, or take any land within such district ; and such land shall be deemed to be Crown land freed and discharged from all the title, interest, or claim of any person whomsoever, as soon as the Governor in Council shall have declared that such land is required for the purposes of this Act, and is subject to the provisions thereof. Compensation shall fee granted to all persons who shall have any title, interest, or claim to any land taken under this Act, provided always that ne compensation shall be granted to any of the persous following that is to say, to any person — (1.) Who shall since the Ist January, 1863, ba^e been engaged in levying or making war, or carrying arms against her Majesty the Queen, or her Majesty's forces in New .Zealand, or — (2.) Who shall have adhered to, aided, assisted, or comforted any such petsons as aforesaid, or— (3.) Who shall have counselled, advised, induced, enticed, persuaded, or conspired with any other person to make or levy war against her Majesty, or to carry arms against her Majesty's forces in New Zealand, or to join with or assist any snch persons as are before mentioned in sub-sections (1) and (2), or — (4.) Who in furtherance or in execution of the designs of any such persons as aforesaid, shall have been either as principal or accessory concerned in any outrage against person or property — or (5). Who on being required by the Governor by proclamation to that effect in the Government Gazette to deliver up the arms in tbeir possession, shall refuse or neglect to comply with such demand after a certain day to be specified in such proclamation. 6. It shall be lawful for the Governor by proclamation to be published in the Maori as well as the English language to call upon any native tribes or individuals thereof who shall have been engaged in any of the offences specified in Section sof this Act to come in and submit to trial according to law on or before a certain day to be therein named and all who shall refuse or neglect to come in aud submit themselves accordingly shall not be entitled to compensation umler this Act. 7. Compensation shall be granted according to the nature of the title, interest, or claim of the person requiring compensation, and according to the value thereof: Provided always, that no claim shall be entertained unless the same shall have been preferred in writing to the Colonial Secretary by the claimant, if residing in the colony within six months, and if not residing iv the colony, then within eighteen months after the land, in respect of which the claim is made, has been proclaimed under section 4, as required for tbe purposes of this Act. 8. For the purpose of determining claims for compensation under this Act, there shall be established Courts, to be called " Compensation Courts." 9. It shall be lawful for the Governor in Council from time to time, by letters patent under the public seal of the colony, to appoint Judges of such Courts, and at any time by warrant to remove any such Judge. 10. Any Judge, before proceeding to act, shall take and subscribe before a Judge of the Supreme Court an oath that he will faithfully perform tbe duties of his office. 11. Every Compensation Court shall be held before one such Judge, whose jurisdiction shall extend over a district to be specified iv the letters patent by which he is appointed. 12. Every Judj^e shall have the power, as near as circumstances will permit, of compelling the attendance of, aud examining witnesses, and of regulating the proceedings of his Court, as a Resident Magistrate in New Zealand has in reference to a cause of complaint, over which he has summary jurisdiction ; aud also power to make rules for the conduct of the business of his Court. 13. It shall be the fluty of the Colonial Secretary to transmit every chum under this Act which shall be received by him, to the Judge of a Court competent to hear tbe same, and it shall be the duty of such Judge to hear the claim and determine the right of the claimant to, compensation, and the amount of compensation -to which he is entitled. Provided always that it shall he competent for the person making a claim to require that the amount ol compensation shall be determined by the award

of two imliffetent arbitrators — one to be appointed in writing by the claimant at the time of making his claim, and the other by the Colonial Secretary, or in case of their not agreeing in an award within two months from the time of the question being 1 referred to them by the Colonial Secretary in writing, then bj the award of their umpire to he chosen before they enter on the question, and if no award shall have been made within three months from the time of such reference by the Colonial Secietary, the amount of compensation shall be determiued by the Court. 14. The judge shall grant to every claimant who shall be entitled to compensation, a certificate specifying the amount thereof, and describing the land in respect of which the same is granted, and the nature of the claimant's title, interest or claim therein. 15. Such certificate shall entitle the person in whose favour the same was granted, to receive from the Colonial Treasurer the amount named in such certificate as payable to him. 16. On part of the land, subject to the provisions of this Act, the Governor shall cause to be laid out a sufficient number of towns, and farms around, or as near as conveuiently may be to the same, to give full effect to the provisions of the several contracts heretofore or hereafter to be entered into by or on behalf of the Government of New Zealand with certain persons for the granting of Jand to them respectively in return for military service on the terms in and subject to the conditions of the said contracts respectively expressed, and the several persons who shall have .been enrolled under the said contracts respectively, shall be entitled to such town and farm sections in conformity with the provisions of the said contracts ; provided always that it shall be lawful for the Governor with the consent in writing of any person entitled under such contracts to vary the conditions thereof as regards such person, as the Governor in Council may think fit. ' 17. After setting apart sufficient land for all the persons who shall be entitled thereto under the said contracts, it shall be lawful for the Governor in Council to cause towns to be surveyed and laid out, and also suburban and rural allotments. 18. All such town, suburban, and rural land shall be let, sold, occupied, aud disposed of for such prices, in such manner, and for such purposes, upon such terms, aud subject to such regulations as the Governor in council shall, from time to time, prescribe for that purpose. 19. Money to arise from the sale and disposal of any lan 4 under tbis act shall be disposed of as the General Assembly shall direct: in or towards the repayment of the expenses of suppressing the preseut insurrection and the formation and colonisation of the settlements, including the payment of any compensation which shall be payable under this Act and subject thereto to the payment of any compensation which may be awarded by law to individuals for losses by the said rebellion. Provided always that all such money shall for the purposes of 'The New Zealand Loan Act, 1856," be deemed 'and taken to be revenue arising from the disposal of waste lands of the Crown in the Colony of New Zealand, and shall be chargeable with the sum of money boirowed or raised under the authority of the said Act, and with interest thereon. 20. The several powers vested in the Governor and the Governor in Council by this Act authorising the formntion of settlements for colonization shall so far as the same are applicable thereto apply to any land which shall be obtained by cession or purchase or shall be set apart by the Superintendent of any Province with the advice and consent of the Provincial Council thereof for the purpose of such settlements although such ldnd shall not be situate within the limits of a district to be declared under the second section of this Act. The following is the SUPPRESSION OF REBELLION ACT. An Act for tlie Suppression of the Rebellion which unhappily exists in this colony, aud for the protection of the persons and property of her Majesty's loyal subjects within the same. — (Temporary.) Whereas a combination for the subversion of the authority of her Majesty and her Majesty's Government, has for some time existed amongst certain aboriginal tribes of this colony, and has now manifested itself in acts of open rebellion. And whereas persons in prosecution of the said rebellion have committed murders on some of her Majesty's subjects engaged in their peaceful occupations, have pillaged their homesteads and burnt and destroyed their property. And whereas the ordinary course of law is wholly inadequate for the suppression of the said rebellion and the prompt and effectual punishment of those who are guilty of such atrocity and outrage. Be it therefore enacted by the General Assembly i'!' N T ew Zealand in Parliament assembled and by ••'.!■■ authority of tbe same as follows* — 1. The short title of this Act shall be " The Suppression of Rebellion Act, 1863." 2. It shall be lawful fov the Governor from time to lime, during the continuance of the said rebellion, to issue bis orders to all persons whom he shall think fit to authorize in that behalf, to take the most vigorous aud effectual measures for suppressing the said rebellion in any part of this colony which shall appear to be necessary for tbe public safety, and for the safety and protection of the persons and properties of her Majesty's peaceable and loyal subjects, and to punish all persons acting, aiding, or in any manner assisting in the said rebellion, or maliciously attacking or injuring the persons or properties of her Majesty's loyal subjects in furtherance of the same, according to Martial law, either by death, penal servitude, or otherwise, as to them shall seem expedient, and to arrest and detain in custody all persons engaged or concerned in such rebellion, or suspected thereof, and to cause all persons so arrested or detained in custody to be brought to trial in a summary manner by courts martial at the earliest possible period, for all offences committed in furtherance of the said rebellion, whether such persons shall have been taken iv open arms against her Majesty, or shall have been otherwise concerned in the said rebellion, or in aiding, ov in any tnanuer in assistiug in the same, and to execute the sentence of all courts martial, whether of death, penal servitude, or otherwise, and to do all other acts necessary to such several purposes. 3. No act which shall be done in pursuance oi any order issued as aforesaid, shall be questioned in her Majesty's Supreme Court oi New Zealand or in any other Court. And in order to prevent any doubt which might arise, whether any act alleged to have been done in conformity to any orders so issued as aforesaid was so done, it shall be lawful for the Governor to declare such acts to have been dove in conformity to such orders? and such declaration signified by any writing under tbe hand of th< Governor, shall be a sufficient discharge am indemnity to all such persoLs concerned in anj such acts, and shall in all cases be conclusiv evidence that such acts were done in couformit; ' to such orders.

14. All officers, non-commissioned officers soldiers, and militiamen, who shall act undei ■ any such orders as aforesaid, shall be responsible for all things which shall be done under s IIC ]] orders to courts martial only by which they shall be liable to be tried for any offence against the articles of war under any act then in forcp for any such purposes ; and courts martial shall have full and exclusive cognizance of all matters and things which shall be objected against such officers, non-commissioned officers, soldiers, and militiamen respectively, and all proceedings shall be had thereon, in the same manner as for offences against the articles nf war, and nototherwisejand the Supreme Court, or any other court of justice, civil or criminal, shall not take cognizance of any act, matter or thing 1 , which shall be done by any such officer, non-commissioned ofScer, soldier, or militiaman in pursuance of this act ; and if any proceeding shall be had in any such court against any such officer, non-commissioned officer, soldier, or militiaman, for any such act, matter, or thing, by indictment, action, or otheiwise. all such proceedings shall be stayed by summary order, nn application to the court wherein they shall be had. 5. If any person who shall be detained in custody under the powers created by this Act shall sue forth a writ of haheas corpus, it shall be good and sufficient return to such writ, th;ii the party suing forth the same is detained by virtue of a warrant under fhe hand and seal of some person duly authorised by the Governor, for the time beinjr to issue such warrant under the authority of this Act. Provided that at the time such return is made, the name of such person so authorised as aforesaid to issue such warrants, stall have been, or shall be notified by the Governor to the Supreme Court, by wri- | ting signed by him signifying (o the said court that such person was so authorised as aforesaid to exercise the powers specified by this Act, and when such return shall be mnde," it shall not | be necessary to bring up the body of the person i who is so detained. 6. For the trial of offences under this Act it shall be lawful for the Governor, or the General or other officer commanding her Majesty's forces in New Zealand, or for any other officer of her Majesty's forces not under the rank of a field officer, who shall be authorised by a commis sion from the Governor in her Majesty's name in that behalf from time to time by warrant under his band to authorise and empower any officer in her Majesty's regular or Militia forces in New Zealand not under the rank of a field officer to convene, assemble, and bold court* martial for the trial of such persons urder this Act as the Governor, or General, or other officer as aforesaid shall direct. 7. Every such coutt martial shall consist of not less than three nor more than nine cammissioned officers of Her Majesty's regular or militia forces in New Zealand, or partly of commissioned officers of each sneb force. And when the defendant shall be a person of the Maori or half-caste race, a sworn interpreter shall be appointed by the Governor, or in default of such appointment, by the officpr convening such court to interpret in the said court on behalf of the defendant. Provided always that no court which shall consist of less than seven members, four of whom at least shall be commissioned officers of her Majesty's Rcgulir Force shall pass sentence of death, and that on every court there sh»ll be at least two (2) such commissioned officers. 8. Every such court shall have all powers privileges, and authorities appertaining or incident to, and shall conduct all proceedings according to the manner of courts martial hel i under the provisions of the act for the time beinir in force in New Zealand for punishing mutiny and desertion, and the sentence of any such court, when confirmed by the Governor or the General, or other officer commanding her Ma jesty's forces in New Zealand, may be carried into execution. 9. Nothing in this act contained shall be construed to take away, abridge, or diminish the acknowledged prerogative of Fler Majesty for the public safety, to resort to the exercise of martial liw against open enemies or traitors, or any powers bylaw vested in the said Governor of this colony with or without the advice of the executive council, or of any other person or persons whomsoever, to suppress treason and rebellion, and to do any act warranted by law for that purpose, in the same manner as if this act had never bpen made, but such prerogative is hereby declired to be in full force in this colony in her Majesty the Queen and in the Governor as Her Majesty's representatives in that behalf. 10 Every person shall be, and is herely freed, indemnified, and discharged of and from all actions and prospcutions which he may have been, or may , become liable or subject to for or by reason of, or by means of, or in relatiou to any Act, matter, or thing done by him before the passing oi this Act which would have been lawful if done in pursuance of any order duly issued under the authority of this Act. And no such Act, matter, or thing shall be questioned in the Supreme Cour.t or in any court whatsoever within the colony of New Zealand. 11. This Act shall come into operation on the day of the passing hereof and shall continue and be of force until the end of the next session of the General Assembly only and no longer.