An Act To Suspend For Five Years the Operation of Certain Parts of an Act of the Tenth Year of Her Present Majesty, For Making Further Provision for the Government of the New Zealand Islands; and to make other Provision in lieu thereof.

Anglo-Maori Warder, Volume 1, Issue 24, 5 October 1848, Page 4

An Act To Suspend For Five Years the Operation of Certain Parts of an Act of the Tenth Year of Her Present Majesty, For Making Further Provision for the Government of the New Zealand Islands; and to make other Provision in lieu thereof.

Whereas by an Act passed in the tenth year of the Reign of Her Majesty, intitled an Act to make further Provision for the Government of the New Zealand Islands, certain powers were vested in Her Majesty, to be executed by letters patent to be from time to time issued under tbe great peal of the United Kingdom, or by instructions uniler her Majesty's signet and sign manual, approved in h*r pr'vy council, and accompanying orieferred to in such letters patent: And whereas in pursuance of the said act her Majesty did, by letters paten*, bearing date *t Westminster the twenty-third day of December in the year aforesaid, and by certain instructions made and approved as required by the said act, and bearing even date with and accompanying the said htters patent, execute certain of the powers by the said act vested in her Majesty for thi» better Government of the said Island, reserving by the cnid letter* patent fu'l and authority te herself, her heirs and successors, from time to time to amend, and for that purpore to add to or if necessary to repeal, the >aid letters patent and instructions: And whereas it is experlieut that certain of the provisions of the taid act, letters patent, and instructions, should not for the pre-ent be carried into effect, but doubts have been entertained whether the said act is sufficient to enable her Majesty to suspend tbe operation of the same, and of the said letters patent and instructions, or any of them : Be it therefore enacted by the Queen's most Excellent Mr-jesty, by and with the consent of the Lords Spiritual -and Temporal, and Commons iu this present Parliament assembled, and by the Authority of the same, That so much of the (aid act, letters patent, and instructions as relates to the constitution and establishment of Wo or mote separate Assemblies within tbe laid Islands, and to the constitution and establishment of a General Assembly in and lor the said Islands, and to the powers, rigb'S, and privileges of Buch h> smbliet respectively, and to tbe qualifications of the members of such assemblies, and to the manner of their election and appointment, and to the forms, the transmission, and the disallowance of laws and ordinances to be enacted by the said assemblies respectively, and to the appropriation of the revenues aribing from laws of the general asstmbly, shall be suspended for the period of fire years from the day of the F a **' n s °f lu " act * un ' efia her Majesty, by and ■with tbe advice of her priry council, shall direct the said act, letters patent, or instructions shall before the expiration of that period he carried into effect. 11. And whereas by the said first mentioued act another act passed in the fourth year of her Majesty's reigu, and certain letters patent bearing date ihe sixteenth day of November in the same year, and all charters, letters patent, and instructions; and orders in council made and issued in pursuance of the last-men-tioned act, were repealed, abrogated, and annulled as therein mentioned: And whereas by the said letters patent bearing date the sixteenth dav of November in the fourth year of her M jesty's reign, and by certain instructions bearing date the fifth day of December in the same year, her Majesty did amongst other things authorize the Governor for the time being of the ssid Islands, and certain other persons, to be a legislative | council for the said Islands, and did require and enjoin that the said legislative coancil should, in pursu- | ance of the last-mentioned act, make and ordain all i such lawß and ordinances as might be required for the peace, order, and good government of the said Islands: And whereas it is expedient to revive the operation of tbe last mentioned ait, letters patent, and instructions in go far as the same relate to the legislate council established or to be established under and by virtue of the last-mentioned act, letters patent, and instructions for the time during which the • ud first-mentioned act, letters patent, and instructions continue to be suspended as aforesaid by virtue of | this act: Be it therefore enacted, That the said act, j lettets patent, and instructions of the fourth year o I her Majesiy's reign, in so far as the same relate to the leginlative council last aforesaid, and to the con- | stitutkn, rights, powers, jurisdiction, and authority i of the same, shall be revived and be in full force and j operation for the time during which the first-mentioned j act, letters patent, and instructions continue to be I suspended as aforesaid by virtue of this act; and that ■ during such time the said legislative council shall; have 3 and exercise all the rights, powers, juris-1 diction, and authority which it had or was invested with, or was to h*ve or be invested with, | under and by virtue of tbe last-meutioned act, lettf rs patent, and instructions, or any of them, or any other letters patent or instructions granted or issued, or to be granted or issued, under the last-mentioned act; and that aU law*, ordinances, acts, and things lawfully done by the said legislative council during such suspension as aforesaid thill be and remain in full force and effect after and notniihstanding the termination of such suspension, until and unless they be hereafter repealed by competent authority in tint behalf. til. And be it enacted, That for the time during which the said firs'-mentioned act, letters patent, and instructions continue to be suspended as afurer-aid by virtue of this act it shall be lawful for the Governur inChief of the said l&lands, from time to time as he may ti.mk proper, but Bubject to the disallowance ol Her Majesty as heremaft r mentioned, to add to the members of the said legislative council, and for that purpose from time to time to summon and appoint such person or persons as he may think prcper to be personally or by virtue of his or their office wembtr or members of such legislative council; and the said legislativ council, with such additional member or member?, and every member thereof, shall have and exercise the same rights, powers, jurisdiction, and au- , thonty as the said legislative conncil or any member thereof had or esetcued before any addition to the same was made, IV. And he it enacted, That for the timednrirg which the fist-mentioned act, letters patent, »nd instructions continue to he suspended as af/rtsaid by virtue of tins act, it shall be lawful for the fcaid Go vernor-io-Chirf, by and mtti the advice and consent of the said legislative coincil, by ordinance, if he shall thintt proper, to constitute within and for any of th Province* into which tbe Islands of New Zealand a e now nr may be hereafter divided a provincial legMa live Coancu, to be appointed or elected or appointed and elertel in such manner and by such pertun or perso-'* as by such or.finance sbnll lil provided in that behalf , and i'ie nruvinc al legi-ditiva counc.l ur councils fli> con-iiitutfd sbail have all sucu rich's, powers, jurisdiction, and authority as sba'l be grant-d m that Lehalf to the said provincial legi&l aive cuuucil or couucils, or either of them, by such ordinance uud none utuer. V. And whereas by the said first mentioned instructions the said Goveroor-iu-C'hUt was directed to divide certain prts of tho said islands into muuicij,al districts, uud to toastitute within such districts municipal corporations, consisting of a mayor, court of : aldermen, and common council, Aud of burgesses pes-

flfßiing the qualification prescribed by lho eaid 6rst* mentioned instructions in that behalf: And whereas it is expedient that 'the said qualification Bhould be subject to regulation as hereinafter mentioned: Be it therefore enacted, That it shall and may be lawful for the said Governor-h>Chief, from- time to time, by and with the advice and cousent of tbe said legislative council, by ordinance, to depart from the said firstmentioned instructions iu so far as tbe same relate to the nature and extent of the said qualification, anl to make and ordain such other or further rules and regulations with respect to the nature and extent of tbe qualification for burgesses in the said municipal district or any of them, or in any particular case, a* the said Govemor-in.Chief, by and with the like advice and consent, may think proper, any thing in the Biid first-mentioned act, letters pateut, or instructions to the contrary notwithstanding'. Vf. Provided always, and be it enacted. That it shall be lawful for her Majesty, if she shall think proper, from time to time to disallow any order for addition to the number of the said legislative council, or any ordinance for the constitution of or relating to any provincial legUHtive council, or with respect to tbe qualification of bureesses in any municipal dtstiict; sud in case of such disallowance, upon the same being signified to the said Governor-in-Chief within the said Islands, the order or o<dinance so disallowed shall be annulled to all intents and purposes whatsoever, except in so far as relates to any law, ordinance, act, matter, or thing lawfully done under or by reason ol the order or ordinance disallowed between the date of such order or ordinance and the signification of disallowance as aforesaid, VII. And be it enacted, That this act, end the firstmentioned act as altered by this act, shall be read and construed together as one act. Yin. And bg it enacted, That this act shall take effect within the said inlands at the expiration of ten days from the day of the proclamation thereof within the sameIX. And be it enacted, That this act may he amended or repealed by any act to be passed in this Session of Parliament,