AN ACT TO PROVIDE FOR THE ABOLITION OF PROVINCES.

Dunstan Times, Issue 705, 22 October 1875, Page 4

AN ACT TO PROVIDE FOR THE ABOLITION OF PROVINCES.

Do it Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, ns follows ; 1. The Short title of this Act shall be “ The Abolition of Provinces Act, 1875.” 2. In the construction of this Act the following toms and expressions shall have the, meanings hereby respectively attached to them “ Governing body” means and includes the Council of any city or borough constituted under “ The Municipal Corporations Act, 18G7,” and the Council, Board of Commissioners, Board of Wardens, Trustees, or the: •persona or body having the control or -government of tire local affairs of any city town or place under any of the Acts or Ordinances specified in the fourth column of tiro First Schedule to “The Municipal Corporations Act, 1867,” or the person or body having the control or government of the local affairs of any other city town or place, ami also the Board, Trustees, Waidens, 'orthe persons or bod 7, as the case may be, having the management, control, or care of .roads or highways in any road district. “ Road district” means and includes any road district, highway district, or other district howsover denominated, heretofore constituted under any provincial enactment in force at the date of the abolition of the province within which the district was comprised, or that' may hereafter he constituted under any law for the time being in force, providing for the construction, control, maintenance, or repair of highways. “ Municipality” means and includes a city or borough constituted under “ The Municipal Corporations Act, 1867,” and any city, town, or place under the control or government of any Council, Board of Commissioners, Board of Wardens, Trustees, or other persons or body under any of the Acts or Ordinances specified in the fourth column of the First Schedule to “The Municipal' Corporations Act, 1867,” or the pen on or body having the control or government of the local affairs of •any other city town or place. “ Public works” mean and include branch railways, tramways, main roads, public bridges and ferries on •main roads, docks, quays, wharves, .jiiei's, and harbor works, reclamation of land from the sea, protection of land from encroachment or destruction by sea or river, 3. The second section of the Constitution Act is hereby repealed, and the Provinces of Auckland, Hawke’s Bay, Taranaki, Wellington, Nelson, Marlborough, Westland, Canterbury, shall be and are hereby abolished. 4. The portion of the colony ineluded within my province abolished hereunder shall, on and after the date of the abolition thereof, be called a Provincial District and hear the same name as the abolished province which ■it comprised. ■5. Within the district, included within any province abolished hereunder, all Jaws in force therein at the time of the abolition of such province shall, except so far as the same are expressly or impliedly altered or repealed by this Act, and so far as the same are applicable, continue in force in such district until altered or repealed by the General Assembly. ■6. Immediately upon the abolition hereunder of any province, and without any proclamation or other act by the Governor or otherwise, (he person who was then in office as Superintendent of such Province shall cease to hold such office, and the Provincial Council of such Province shall be dissolved, and there shall not thereafter he any election of a Snpcrindendentor a member of the Provincial Council for the district theretofore included within such abolished province, and all laws relating to the election of Sujpei’lntendents of provinces and members ctf Provincial Councils of provinces, and to legislation by Provincial Councils, shall immediately upon the abolition hereunder of any province cease to have any operation or effect within and as regards the district theretofore included within such abolished province. 7, All powers duties and functions which immediately before the date of •the abolition hereunder of any province were -under or by virtue of anv law not expressly or impliedly repealed or altered 'hereby vested in or to be exercised or performed by the Superintendent of such abolished province, either alone or with the advice and consent of or on the recommendation of the Executive or Provincial Council of such pi-ovince, or which, by virtue ■of “The Public Reserves Act, 1854,” ■or any act amending the same, or by virtue of any Waste Lands Act, or any regulations made thereunder or otherwise howsoever, would but for this Act have been exercised only under an Ordinance of such abolished province, shall, on the day of the date of the abolition of such province, and for the purposes of the district included within such abolished province, vest in and be exercised and performed by the Covernor. Such powers duties and functions may be exercised or performed by the Governor as regards the tlistrict with respect to which they may he exercised or performed whether the Governor is j for tho time being within such district | •or not.

8. All powers duties and functions which immediately before tho date of tho abolition hereunder of any province pre under or by virtue of any law not expressly or impliedly repealed hereby vested in or to be exorcised or performed by the Provincial Treasurer, Provincial Secretary, or other public officer of such abolished province, shall, from and after tho date of tho abolition of such province, and for tho purpose of tho district included within such abolished province, shall, vest in and be exercised or performed by any person or persons from time to time appointed for tho purpose by the Goveruar. 9. Except as hereinafter provided all lands tenements goods chattels moneys and things in action, and all real and personal property whatever, and all rights and interests therein, which immecliate’y before the date of the abolition hereunder of any province were vested in or belonged to the Superintendent of any province, as such Superintendent, shall on the date of the abolition thereof vest in her Majesty the Queen tor the same purposes and objects, and subject to the same powers and conditions, as those for and subject to which the}- are now held by the Superintendent. All revenues and moneys, and all securities for such moneys, which on the date of the abolition of any province may be tho property of or invested on behalf of such province, shall on the date of the abolition thereof vest in Her Majesty the Queen. Provided that if at the date of the abolition of any Province any moneys or revenues of such province shall have been specifically set apart, and shall be available for public works or other purposes within such province, or any district thereof, such moneys or revenues shall be applicable to such purposes accordingly. 10. Immediately on the coming into operation of this Act, all real and personal property whatsoever which is vested in or under the control of the Superintendent of any province comprised within any provincial district for grammar or common school purposes, or as sites for schools, or for the endowment of primary education, and all lands which shall have been or may hereafter he reserved and set apart for any such purposes or objects as aforesaid, under any Act of the General Assembly, shall he vested in Board of Education constituted under any Act or Ordinance, or if there shall be more than one such Board in a provincial district, then in such Board or Boards as the Governor in Council shall direct or appoint. AI! the functions and duties relating to such property which immediately before the date of the coming into operation of this Act were, under or by virtue of any Act or Ordinance in force in any province, vested in the Superintendent of such province, either alone or acting with the advice of his Executive Council, shall, on the coming into operation of this Act, be performed by the Chairman of the Board of Education, in whom such property shall be vested as aforesaid. All lands hereby vested in a Board of Education shall, subject to any leases or contracts theretofore lawfully entered into relating to the same, he held in trust for the like purposes and with the same powers that the same Were held by such Superintendent as aforesaid prior to the coining into operation of this Act. 11. All cantracts existing immediately before the date of the abolition hereunder of any province, and all actions, suits, proceedings, and things begun and not completed at tho date of the abolition hereunder of any province, of, by, or against the Superintendent of such abolished province as such shall belong and attach to and be enforced by and against Her Majesty the Queen. 12. In every Act of the General Assembly, except such as relate to tho election of Superintendents and Provincial Councils, and to legislation by such Councils and the appointment of Deputy Superintendents, and to audit of provincial accounts, and matters of a like kind, and in every Act or Ordinance of the. legislature of an abolished province, the words, terms, and expressions following shall, with regard to any provincial district, include the meanings hereafter attached to them, that is to say—(l) The word “ province” shall include “ provincial district,” and when the name of any abolished province is used, or and any province is otherwise expressly referred to, the enactment shall be deemed to mean and ayply to the provincial district of that name. (2' The word “Superintendent” shall, with respect to such provincial district, mean the Governor, or any person or persons whom the Governor may from time to time appoint to perform those duties, and exorcise those powers -which might, if such duties and powers had to he performed within a province, bo exercised or performed by Superintendents thereof. (3) The expression “ Provincial Gazette?' or “ Provincial Government Gazette," or other similar expressions, shall be deemed to moan “ The New Zealand' Gazette” or such newspaper as from time to time may be appointed By the Governor Cot the purpose of inserting therein notifications of any Lind relating to the government of the colony, or the administration of government within any provincial district. (Tv ha continued in our vcxt.J