THE LOCAL GOVERNMENT AND ABOLITION BILLS.

Evening Star, Issue 3881, 2 August 1875, Page 2

THE LOCAL GOVERNMENT AND ABOLITION BILLS.

This Bill provides the date upon which it shall come into operation, and treats of the different descriptions of districts under three heads, viz.:—(n) Road or highway districts already constituted under former Acta of the General Assembly or Provincial Ordinances, called original districts, (b) Original districts converted into districts under the provision of the Bill by proclamation called “ proclaimed districts.” (c) Districts created Wilder the Bill out of parts of the Colony not previously comprised within the original district, called “new districts.” Part 1 relates to the constitution of rood districts. Original districts are brought under the operation of the Act by proclamation and petition to the Governor of the inhabitants possessing rateable property in the districts, petition to set forth the boundaries accurately, and the Act, &c., under which districts are already constituted. The petition may be refused on a counter petition being presented by an equal or a greater number of inhabitants. Members of Road Boards, Trustee Boards, 'Wardens,

Commissioners, &c.—throughout the Bill epokeu of ns “the governing body”—remain in office, aud compose Road Boards for the now district. Su hj persons go out of office on the first Thursday in June happening after the constitution of the district under the Act; and members ior the ensuing year •ire elected under the provisions of the Act until the completion of the voters' roll. Under the Act persons on the ratepayers' roll are to be entitled to vote for election of members of the Board. Kate levied under old Act to remain in force. Eights, liabilities, <fee., of Boards incurred are preserved, aud the property of the old Board vested in the new. Any questions arising under the foregoing provisions to be referred to the Governor. New districts, which comprise an area of not less than fifteen square miles, are also incorporated uuder a similar petition to the Governor, which may be refused on a counter petition. The districts may be united, and boundaries altered, also on petition for this purpose aud a counter petition (if any), due notice of which is to be advertised by the Governor, by Order-in-Council to amalgamate the districts. In such Order-in-Council the Governor is to adjust :he property, rights, &c. The Govern »r to decide questions. Each District Board under the Act is to consist of sir members; qualification, rateable property to tbe value of L 25 at least, aud enrolment either on ratepayers’ or electors' rolls. The members of the Board retire annually in rotation. Qualification of voters: possession of rateable property. Number of votes proportionate to value of property, not exceeding in any case six. Election of members of Boards is to be conducted by ballot. The chairman is elected by members of the Board for a year. After ihe election the Governor is empowered te appoint him a Justice of the Peace for the Colony, having jurisdiction within the district. Salaries of officers of the Board to be paid out of the district fund. The revenue of the Board to consist of rates, grants from Government, donations, &c. All property within the distinct shall be rateable property except unoccupied Government lauds—land used by Government for public purposes—hospital, school, church, and other such lands, which are exempted from rates. Government lands leased or occupied under license, not exempt. The Board (makes annual valuation and levies rates for construction of works, for which special work, if required, a separate rate may be levied after notice. Roads, ferries, bridges, &c., shall be under the control of the Board. Part 2 relates to the construction of voters' rolls, and the manner of conducting elections. Elections to be conducted by ballot. Part 3 relates to the proceedings of the Board. The Board to appoint its own times and places of meeting, &c. Powers vested in the Board may be exercised by three members. Accounts to bo annually balanced and audited. Ratepayers may be present at the annual meeting. Part 4 provides for the constitution of shires. Two or more adjoining road districts may petition the Governor to be amalgamated and formed, and upon a petition being grunted tbe road districts •become “ ridings *’ of such shire. The district thus constituted a shire is to have a Shire Council, composed of men who had been elected from each riding, aud presided over by a chairman elected by the Council. The powers and duties of the various road boards thus amalgamated into the shire thereupon cease, aud become vested in the Shire Council. The Shire Council will have power to take land for permanent works, such as roads, bridges, &0., aud for public institutions, hj >spitals, asylums, libraries; aud may borrow money on the security of special rates. T e Council to have control over all roads, tolls, bridges, ferries, and public works within the shire. Fart 5 contains miscellaneous provisions relating to the recovery of penalties, making regulations, settling disputes, notifications in ‘Gazette’, &c.

1. Tho short title of this Act shall be “ The Abolition of Provinces Act, 1875.” 2. This Act shall come into operation on the day on which it shall be assented vo by the Governor, in the name aud on behalf of Her Majesty, and such day is hereafter to be referred to as the commencement of this Act.

3. The following terms 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, 1867, and tho Council, Board of Commissioners, Board of vVardens, trustees, or persons or body having (he control of the Government of the local affairs of any city, town or place, under any of the Acts or Ordinances specified in the fourth column of the first schedule to the Municipal Corporations Act, 1867; and also the Board of Trustees, wardens, or the persons or body, as the case may he, having the management, control, or care ol roads or highways in any road district. “ Road districts ” means and includes any road districts, highway districts, or other districts, howsoever denominated, heretofore constituted under any Act of the General Assembly, or under any Provincial enactment in force at the date of the abolition of tho Provinces within which the district was comprised, or that may hereafter bo instituted 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 person or body under any of the Acts or Ordinances specified ill tho fourth column of the first schedule to the Municipal Corporations Act, 1867. “ Public works” mean and include branch railways, tramways, main roads, public bridges and ferries on main roads, docks, quays, piers, wharves, and harbor works, reclamation of laud from the sen, protection of land from encroachment or destruction by sea or river, public buildings for the use of tho General Government er any department thereof, and any other work of public utility or convenience connected with the Government of the Colony. 4. On such day, not Uter thou ninety days after the commencement of the Act, as the Governor shall, by proclamation published iu tho * New Zealand Gazette’ appoint, the following Provinces shall be abolished—viz., the Provinces of Auckland, Hawke’s Bay, Taranaki, Wellington, Nelson, Marlborough, Westland, Canterbury, and Otago. In such proclamation a day shall be fixed for the coming into operation thereof, aud the day so fixed is hereafter referred to as the date of the abolition of the said Provinces. i

5. The portion of the Colony included within any Province abolished thereunder shall, on and after the date of the abolition thereof, be called a Provincial district, and bear the same name as the abolished Province which it comprised. 6. Within the district included within any Province abolished hereunder, all laws in force thereiu at the date of the abolition of such Province shall, except so far as the same are expressly or implicitly altered or repealed by this Act, and so far ns the same aro applied, continue in force in such district until altered or repealed by the General Assembly. 7. Immediately from the abolition hereunder of any Province, and without any proclamation or other act by the Governor or otherwise, the person who was then in office as Superintendent of such Province shad cease to hold office; and the Provincial Conncil of such Province shall be dissoluted; and there shall not [thereafter be any election of a Superintendent or a member of a Provincial Council for the district theretofore included' within such abolished Province; and all laws. to the election of Superintendents of Provinces and memhereof Provincial Councils of Provinces, and to legislation by Provincial Councils, shall, imjncdi-

ataly upon the abolition hereunder of any Previn oe, cease to have any operation or effect within and aa r ?^l. tj l6 district theretofore included within such abolished Province. ®-All powers, duties, and functions which, immediately before the date of the abolition hereunder of any Province, were, under or by virtue of any 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 recoil meudatiou of the Executive or Provincial Council of such Province, or which, by virtue of the Public Reserves Act. 1854, or any Act amending the same, or by virtue of any Waste Lauds Act, or by regulations made thereunder, 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 for the purposes of the district included within such abolished Province, vest in, and he exercised and performed by the Governor. Such powers, duties, and functions may bo exorcised or

performed by the Governor as regards the district with respect to which they may be exercised or oorformed, whether the Governor is for the time icing within such district or not, until the end of the next session of the General Assembly. 9. The Governor may from time to time delegate

all or any of such powers, duties, and functions, cither to the person who immediately before the abolition of a Province hereunder was the Superintendent of such abolished Province, ©r to such person or persons os the Governor may think fit, and that cither without restriction, or subject to such restrictions or conditions as the Governor may

think fit. The Governor may av any time revoke any such delegation so made r.s aforesaid. It is hereby declared that the Governor may, notwithstanding that any such delegation is for the time being iu force, himself exercise or perform any powers, duties, or functions so delegated; and such exercise or performance by the Governor himself shall not operate as a revocation of, or affect such delegation. All powers, duties, and functions which, immediately before the act of the abolition hereunder of any Provinces, are under or by virtue of any law not expressly or impliedly repealed, hereby vested in, or to be exercised or performed by, the Provincial Treasurer, Provincial Secretary, or other public officers of such abolished Provinces, shall, from and after 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 or performed by any person or persons from time to time appointed for the purpose by the Governor 010. All lauds, tenements, goods, chattels, money, and things in action, and all real and personal property whatever, and all rights and interests therein which immediately before the date of the abolition hereunder of any Province, were vested in, or

belonged to the Superintendent of any Province ns such Superintendent, shall, on the date of the abolition thereof, vest in Her Majesty the Queen. All revenues and moneys, and nil securities for such moneys which, on the date of the abolition of any Province, may be tbe 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 the purposes of public works within suchJProvince or any district thereof, such moneys or revenue shall be applicable to such purposes accordingly. 11. All contracts existing immediately before the date of tbe abolition hereunder of any Province,

ami all actions, suits, proceedings and things begun and not completed at the date of tbe abolition hereunder of any Province of, by, or against tbe Superintendent of such abolished Province, os such shall belong, and attach to, and be enforced by and against Her MinVty the Queen. 12. In every Act of the General Assembly, except snob as relate to the election of Superintendents and Provincial Councils, aud to legislation by such Councils, and the appointment of DeputySuperintendents, and to audit of Provincial accounts, and matters of a like kind, and in eveiy Act or Ordinance of the Legislature of an abolished Province, the words, terms, and expressii ms shal:, with regard to any Provincial di strict, include the meanings hereafter attached to them, that is to say:—(l.) The word“Proviuce” shall include “ Provincial district,” and when i.ho name of any abolished Province is used or any Province is other-

wise expressly referred to, the enactment shall be deemed to mean aud apply to the Provincial district of that name. (2.) The word "Superintendent” shall, with respect to such Provincial district, mean the Governor or any other person or persons whom the Governor may from time to time appoint to perform those duties and exercise those powers which might, if such duties and powers had to be performed within a Province, bo exercised or performed by the Superintendent thereof. (3.) The expressions, ‘Provincial Gazette,’ or ‘Provincial Government Gazette,’ or other similar expressions, shall be deemed to mean ‘The New Zealand Gazette,’ or such newspaper os, from time to time, may lie appointed by the Governor for the purpose of inserting therein notifications of any kind relating to the Government of the Colony, or the administration of Government within any Provincial district. 13. If, within one year after the date of the abolition hereunder of any Province, the services of any officer in tbe employment of the Government of the Colony, or of the Provincial Government of the abolished Piovincc, are dispensed with in consequence of the abolition of such Province, he shall be paid out of the ordinary revenue of the Colony, on each year of service, one month’s salary, according to the rate payable to him at the time of such abolition; and also a further sum equal to the said rate if such service be dispensed with without three months’ notice. 14. All revenues arising under any Provincial enactment within any Provincial district, from fees or other similar payments in respect of publicans’ licenses or other licenses for the sale or the making of fermented or spirituous liquors, or on billiardroom or table license, music or dancing license, or auctioneering licenses or hawkers’ licenses, or other business, or as license fees for keeping dogs, shall be paid to the public account, and a separate account shall be kept thereof, and the same shall be paid over to the municipality or road board within which the premises in respect of which the license is granted are situated: and in the cose of licenses not granted in respect of premises, then the fees or other payment received in respect of such licenses shall ue paid over to tho municipality or Road Board within which the person to whom tbe license is [granted has his usual place of residence at the time of the license being granted, and which place of residence shall be mentioned in tbe license. All fines and penalties which may be inflicted upon owners of sheep, or other persons, under any Provincial enactment as aforesaid providing for the prevention of the introduction or spread of disease in sheep, and for tho cure or remedy thereof, shall be paid into the public account, and a separate account shall be kept thereof as aforesaid, a ,d the same shall be paid over to the municipality or Road Board within which the fine or penalty was actually incurred; and if any such flue or penalty shall have been inflicted upon a person in respect of sheep depastured on, or being in more than ono such municipality or district, then the fine or peailty shall be equally apportioned between such municipalities or road districts, as the case may be. 16. Notwithstanding anything to the contrary contained in the Public Revenues Act, 1867, or any other Act, the revenues arising within any Proviucial district under the provisions of the Goldfields Act, 1866, or any Act, tor tho time being in force, relating to the mining for gold in respect of miners’ rights, business licenses, or otherwise, in respect ol the occupation for mining purposes of Crown lauds, and the revenues arising withm any Provincial district under the provisions of the Gold Duties Act, 1870, or the Gold Duties Act, 1872, shall in every cose be deemed to be revenue arising from the occupation of the wovte lauds of the Crown. But all such revenues shall be placed iu defraying the costs, charges, aud expenses incident to the management and administration of the Goldfields within such Provincial districts. Such revenues shall also be charged with tho payment of rents, or other sums of money which may be payable by Her Majesty the Queen, or by the Governor of the Colony, to the Native owners of any land leased or otherwise oocupicd for gold-mining purposes under the Goldfields Act, 1866, or any Act amending the same, or any other Act for the time being in force relating to mining for gold. The Govornor-in-Council may, until tho end of the session of the General Assembly next after the date of the abolition of Provinces, ol which any Provincial district is composed by Order-in-Council, regulate such costs, charges, and expenses; and thereafter the same shall be regulated by Act of the General Assembly. 16. A separate account shall be kept of the land fund arising within each Provincial district, and tho same is hereby appropriated and charged os hereafter provided :—(1.) With the payment of the interest and sinking fund of all loans, debts, and other liabilities which, at the date of tho abolition of the Provinces, comprised within the Provincial district, were charge ole against the Provinces. (2.) With the cost of surveys and the general administration of waste lands within the Provinces comprised within tho Provincial districts. (3.) With tho annual payments to the Government bodies of the several road districts with the Proviucial district by way of t ndowment, of sums of money to be computed in the manner provided in the l&th section thereof, provided that any appropriation made by the General Assembly for the present financial year, for tho purposes of education, or for buildings for the purpose of education witbiu any Provincial district, shall bo deemed and taken to be a liability chargeable upon the land revenue of such Provincial district; provided further, that if at th dale of the abolition of any Province, any of tbe lau revenue of such Province shall be invested or (e-------posited in any manner, such land revenue shall, .subject to the provisions of this Act, be dealt with under this Act as laud revenue of the Provincial district in which the same shall be so invested or deposited as aforesaid. 17. If in any case it shall happen that the land revenue raised within any Provincial district for any one year shall be insufficient to meet the charges imposed upon it by the last preceding section hereof, it shall be lawful for tbe Colouial Treasurer, iu the manner provided by the Treasury Bills Regulation Act, 1868, to borrow aud raise such a sum as shall be sufficient to make up the deficiency in the laud revenue of such Provincial district for any such year, the sums raised under such Bills, and all interest to accrue and •due thereon, and all charges incurred in the preparation or circulation of such Bills, shall, subject to the provisions of thh»

Act, be charges upon the future land revenue arising within the Provincial district, and may from time to time be charged on account against such last-men-tioned revenue. The amount to be raised under this Act by such Treasury Bills shall not in any one year exceed the sum of LIOO,OOO. 18, Fhe residue of the land fund arising within each Provincial district after the deduction afores&ici, will be considered as divided into two equal part, and shall be charged ns follows(1) One part thereof shall be applied in and towards maintaining and promoting immigration into the Pro* yincinl district, in accordance with the provisions of the Immigration and Public Works Act, 1870, aud the several Acts amending the same, and with such of the maintenance and support of charitable institutions as shall from time to time be fixed in accordance with this Act. (2) The other port shall he snhject to the appropriation of the General Assembly for the construction and maintenance of public works within the Provincial district, for the year ending the 30th day of June, 1876. The portion of the said residue hereby charged with the promotion and maintenance of immigration shall not be applied for that purpose. The said portion of the lana fund hereby devoted to the maintenance and support of charitable institutions shall be subject to the appropriation of the General Assembly for the purposes aforesaid; provided however, that until the end of the session of the General Assembly, held next after the date of the abolition of the comprised within the Provincial disirict, the expenditure of the said portion of the land fund arising therein shal 1 be regulated by the Governor-in-Council; provided further, that not more than a tenth part of the said revenue shall be appropriated or set apart for such pui poses.

19. There shall he paid annually out of the land fnnd of each Pro incial district to the governing bodies of the several road districts within such Provincial district, by way of endowment, a sum of LI for every LI of general rates received within the road district; provided always, that if the governing bodies of any road district shall have made and levied, within any year, a general rate, or rates, exceeding in the whole Is in the LI on the animal valu6 to let of the rateable property, then only such portion of the sum actually received by such governing body in respect of such general rate or rates, as sha'l bear to the whole sum so received the same proportion which Is hears to the whole amount in the LI, so made as general rates in such year, shall for the purposes of the payment to be made to such governing body by way of endowment, be deemed to have been received by the governing body. "Where any such general rate shajl be ah acreage rate, then the governing body of the road district in which such acreage rate shall be in force, shall uot be paid a greater sum by way of endowment than they would have been entitled to if a general rate or rates, not exceeding Is in the LI on the annual value of the rateable property to let had been in force in such district. If it shall at any time appear to the Governor that the endowment payable to any such last-mentioned governing body exceeds the sum calculated upon a valuation rate as aforesaid, the Governor may direct a valuation to he made in such manner a- he shall think fit for the purpose of ascertaining the endowment to b 3 paid as aforesaid.

20. Tjuoi e sh|,ll lie paid, purely out of the consolidated fund, to the governing body of every road district and municipality within each Provincial district, by way of endowment, a sum of LI for every LI of general rates received within tho road district or municipality, provided always that if the governing body of any road district or municipality shall have made and levied within any year a general rate or rates exceeding in tho whole Is in the LI on the annual value to lot of tho rateable property, then only such portion of the sum actually received by such governing body in respect of such general rate or rates as shall bear to the whole sum so received the same proportion which Is bears to the whole amount in the LI so made as general rates in such year, shall, for the purpose of the payment to he made to such governing body by way of endowment, be deemed'to have been received by the governing body whore any such rate be an acreage rate, then the governing body of the road district in which such acreage rate shall be in force, shall not be paid a greater sum by way of endowment than they would have been entitled to if a general rate or rates not exceeding Is in the LI on the annual value of the rateable property to let had been in force in such district. If it shall at any time appear to the Governor that tho endowment payable to any such last-mentioned governing body exceeds a sum calculated upon a valuation rate as aforesaid, tho Governor may direct a valuation to be made in such manner as he may think fit for the purpose of ascertaining the endowment to be paid as aforesaid.

21. On or before the Ist day of June in each year the governing body of every road district and municipality within any Provincial district, shall cause to be prepared, and transmitted to tho Colonial Treasurer, a true and detailed account of nil moneys actually received within such road district or municipality, as and for the present rates in tho year ending tho 30th day of April then last past. No such account shall avail for the purposes of this Act unless it be verified by the solemn declaration of the Chairman of the Eoad Board, or the Mayor of the municipality, as the case may be., The annual payments to bo made to tho several governing bodies by way of endowment, shall be calculated upon the amount shown to have been actually received by such governing body, ns and for the general rates as aforesaid, up to the 30th day of April in every year, provided that for the current financial year a pro rata contribution shall be made to such governing body nt the rate aforesaid, based upon the amount shown to have been received for general rates as aforesaid, up to the 30th day of April last.

22. Notwithstanding anything contained in any Act or law to the contrary, the proceeds arising from the sale; lease, or other disposition of lands taken under the New Zealand Settlement Act, 1863 a “ d any A°t amending or containing the same’ shall be deemed to he land revenue arising within the Provincial district in which such lands Shall be situated, and subject to the provisions of this Actcosts of police, gaols, &c., to be home by the ordinary revenue.

23. The costa, charges, and expense of police, gaols, harbors, hospitals, lunatic asylums, charitable institutions, and of education through the Colony shall be home on the consolidated fund so far as such costs, charges, and expenses are not otherwise by law provided for. 24. Nothing inthis Act contained with respect to the appropriation or division of the land fund shall be deemed to alter or except the liability of the Colony to the public creditor, or to affect any permanent appropriation of or chafes upon such revenue under any law m force in the Colony. 25 Whenever, under an Act of the General AsBorably, passed or intended to be passed in the present session, the short title whereof is the Local Government Act, 1875, any shire shall be constituted, such shire shall for the purposes of this Act be deemed to stand in the place of the several road districts or parts of road districts of which such shire shall be composed; and after the constitution oi any shire, all moneys which under this Act would have been payable to the road boards of which such shire is composed shall be paid and payable to the governing body of the shire. All the preceding provmiona of this Act, so far as Applicable, shaU extend and apply to a shire and to the govermng body of such shire and to the Chairman ox the Shire Council, as the case may be. In all cases in which no provision or no sufficient provision is, in the opinion of the Governor made by this Act, it should be lawful for the Governor from time to time, until the end of the next session of the General Assembly, for the purpose of facilitating or more effectually carrying into execution any of the objects thereof, to make and prescribe all such regulations and orders, from time to time to revoke or alter as to ttus Governor shall appear to be requisite; and all such regulations and orders shall be published in the ‘ New Zealand Gazette, and being so published, shall have the force of law.

27. The Colonial Treasurer shall issue and pay out of the public account all moneys which may become payable under the provisions of this Act.