ANALYSIS OF THE NEW ZEALAND GOVERNMENT BILL.

New Zealander, Volume 2, Issue 88, 6 February 1847, Page 4

ANALYSIS OF THE NEW ZEALAND GOVERNMENT BILL.

I. This act repeals the act made in the 4tll year of Her Majesty's reign, for the purpose, amongst other things, of erecting' the islands ot New Zealand, and' other islands within certain latitudes find longitudes, into a separate Colony, and all charters, letters- patent, instructions, and orders in Council, made and issued in pursuance thereof, so far as the same} or any of them, are repugnant to, or would interfere with, or prevent the operation of this present act;, or that of any letters patent, charters, orders in council, or royal instructions, which may at any time hereafter be issued under the authority or in pursuance of this act. But, all laws and or- | dinances made, and acts done, under and in pursuance of the said recited act, charters, letters patent, instructions, orders in council, or any of them, shall hereafter be as lawful, valid, and effectual,, as though this present act had not been made, save only so far as any such laws, ordinances, or acts may be repugnant to, or would in- J terfere with, or would prevent the operation of this present act. 11. It enables Her Majosty, by letters patent hereafter to be issued^ 1. To establish within any district of districts of New Zealand, one or more municipal corporations, having all, or any of the powers, which Her Majesty may grant to the inhabitants of any town or borough in' England and Wales, under the Statute incorporating them, and may qualify or restrict the exercise of any such powers, in such and the same manner as she may qualify or restrict the exercise of any such powers in England, under such Statute as aforesaid. % From time to time, to divide the islands of New Zealand into two or more separate provinces, and to establish in each one assembly. 3. To establish a general assembly in and for the islands of New Zealand, to be called the general assembly of New Zealand. 4. To maintain in force within such parts of the island of New Ulster, as to Her" Majesty shall seem meet, until any period not later than the thirty-first day of December one thousand eight hundred and fiftyfour, the charter or letters patent of the sixteenth day of November one thousand eight hundred and forty-one, made and issued in pursuance and exercise of the powers vested in Her Majesty by the said act of the 4th year of Her Majesty's reign, and the Legislature constituted under the said letters patent. 5. To set apart districts, within which the laws, cus* toms, and usages of the aboriginal inhabitants, so far as they are not repugnant to the general principles of humanity, shall be maintained for the government of themselves, in all their relations to and dealings with each other, any repugnancy of any such native laws, customs, or usages, to the Jaw of England, or to any law, statute, or usage, in force in the said islands of New' Zealand, or in any part thereof, in any wise Notwithstanding. 6. To name the persons by whom, to direct the manner and form in which, and the rules and conditions upon and subject to which, the members of the house of representatives of the, general assembly oi Nfw Zealand shall be elected j to prescribe the manner and form, and the regulations under which the election of representatives by municipal corporation's shall take place ; to prescribe rules for determining the extent and boundaries of the district to be comprised within any such^corporation, and for regulating the choice and election of the various officers thereof, and of members of the governing bodies thereof, and for ascertaining the qualifications of the members of any such corporation, and to prescribe the oaths to be taken, or the affirmations to be made by the members thereof; and to make rules for ascertaining the qualifications of the members of the provincial assemblies, or the general assembly of New Zealand, and for determining the length of time for which every such assembly shall be holden, from the time of the election of the members of the houses of representatives, and how and by what authority the Same shall be dissolved or prorogued, and for prescribing the oaths to be taken, or the affirmations to be made by the members of the asscmhlies, or any of them, before entering on the discharge of the duties of their respective offices, and fur prescribing the coarse of proceeding to be followed, in the said assemblies, in regard to the enactment of laws therein, and for determining in what cases the governor-in-chief, for the time being, or the governor, for the time beinf.', of any proviuoe shall, in the name and on behalf of Her Majesty, assent to any such laws, or reserve the signification of Her Majesty's pleasure thereon, together with all such rules as shall be necessary fur determining the effect of the disallowance by Her Majesty of any such laws, although not so reserved as aforesaid, together with all such othtr rules, not being repugnant to the present act, as it may seem to Her Majesty necessary to make and establish for carrying into full effect the purposes and object thereof. 7. To appropriate out of the revenue of any province, by way of civil list, for the maintenance of the administration of justice and the principal officers of the civil government of such province, nuy sum not exceeding £6000 per annum. But, if provision shall, by any law, statue, or ordinance, hereafter to be enacted in and by any orovincial assembly, and assented to by Her Majesty, be made, for settling on Her Majesty a civil list, in substitution of the civil list afore said, then, so much of this act as relates to the civil list aforesaid, shall cease to be of any force or effect within the province in which any -*uoh law, statute, or ordinance shall so nave been 8 To nronibit the grant or appropriation of any ' nohlic money by any provincial assembly, or by the general assembly of New Zealand, in any case in which such grant or appropriation shall not hay« been first recommended by Her Maiesty or on Her Majesty's behalf, with a view to,

or in aid of some specific public service (o be performed within any such province, or within the islands of New Zealand, collectively. 9. To delegate to the goveraor<iu-chief of the New Zealand Islands, for the time, being, op to the governor of any province, for the time being, the exercise of any such powers aforesaid, as it may seem to Her Majesty meet so to delegate, and to prescribe the manner and form> in which, and the conditions subject to which, such delegated authority shall be so exercised. 111. It enables- Her Majesty by instructions- under her Signet and Sign Manual to execute any of the powers>aforesaid,.not by means of such letters patent aforesaid, but by instructions under her sign manual, approved in her privy council, and accompanying and referred to in such letters patent* IV. It enacts immediately, 1. That the provincial assemblies,, and' the general assembly of New Zealand, shall consist of, and be holden by a governor, or the governor-in-chief, respectively, a legislative council, and a house of representatives. 2. That the members of the legislative council, both . .of the provincial assemblies and the general as- . sembly of New Zealand, shall be named by Her Majesty. 3. That the member* of the house- of representatives of every provincial assembly shall be elected by the mayors, aldermen, and common councils of the several municipal corporations situate ■ within the limits of the province for which such assembly shall be so elected. 4; That the house of representatives of ttie general assembly of New Zeajand shall consist of mem- . -hers of'fhe respective houses- of representative* of the several provinces. 5. That every provincial assembly may make laws, statutes, and ordinances, for the peace, order, and good govermneut of all places within the limits of the province, for which it shall be established, such laws , not being repugnant to the laws of the United Kingdom,- or 'to -the laws of the general assembly of New Zealand; - 6. That the general assembly of New Zealand' may make laws for all or any of the following 1 purposes : — for the regulation of all duties of customs to lie imposed upon the importation or exportatioD of any goods at aiiy port or place in New Zealand; for the establishment of a supreme court, to be a court of original jurisdiction, or of appeal from any of the superior courts 4 of the provinces, or for determining the extent of jurisdiction, and the course and manner of proceeding of such supreme court; for regulating the current coin of the.islands of New Zealand, or the issue therein of any bills, notes, or other paper currency; fo* determining the' weights and measures to-be creed therein ; fat regulating the* post offices within, and the carriage of letters between the different parts, of the said islands; for establishing general laws- of bankruptcy and insolvency, to be in force throughout the same j. for the erection and maintenance of beacons and'; lighthouses on I tie. coast of the said islands; and for the imposition of any dues or other charges on shipping at any port or harbour within the same. 7. That the laws of the general assembly of New Zealand shall control and supersede any laws i of a provincial assembly in any wise repugnant thereto; and, should any question arise regarding ih,eif relative authority and jurisdiction, all courts, officers of justice, and others, shall'conform and give effect to the decision of the general assembly pn any such question', until the decision of Her Majesty in Council shall have been promulgated within New Zealand, by which decision any such question as aforesaid shall thenceforward be determined within the same. 8. That, so long as the present legislature of such partt of the Island of New Ulster, as aforesaid, shall be maintained, the general assembly oi New Zealand shall be composed in the manner, and shall exercise the powers hereinbefore mentioned, save only that such, and so many members of the legislature of such parts of New Ulster as aforesaid, as Her Majesty shall for that purpose appoint, shall, in virtue of such appointment, be members of the house of representatives of the general assembly of New Zealand ; and the number of members so appointed shall never constitute a majority of the said house of representative* of the general assembly of New Zealand. 9. That Her Majesty may, from time to> time, amend, and, for that purpose, add to, or, if necessary, repeal, any such letters patent or instructions a* aforesaid. • 10. That all letters patent and instructions- issued by Her Majesty in pursuance of this present act, shall be published in the, London Gazette, and laid before both houses of parliament, within one calendar mo.nth fjrom ,the day of 'the- date thereof, if parliament shall then .be in session, and if not, then within one calendar month next after the commencement of the then next ensu-* ing session of parliament. , . 11. No such letters patent or instructions as aforesaid, which may be issued at any time after the thirty-first day of December one thousand eight hundred and forty-seven., shall be of any force or effect, until the lapse of six calendar months after (he same shall hare been so laid before parliament, in so faf de the object of the same may be to amend, add to, or repeal any other letters patent or instructions, which may have been issued in pursuance hereof, for the purposes aforesaid, or for any of them. 12. For the purposes of this present act, the officer, for the time being,, administering the general government of the islands of New Zealand, shall be considered as the gover&or-in -chief of New Zealand, and the officer, for the time being, administering the respective government of any such separate province as aforesaid, shall be considered as the governor of such province. 13. That the present act may be repealed in the session of parliament in which it was enacted. *CAPE OF GOOD HOPE. We have Cape of Good Hope papers to the Bth August. The aggression movements of the Kaffirs form the grand subject of interest. The colony is absolutely in a state of invasion. The border' inhabitants are doing military' duty, und com-., plain rather loudly of the arbitrary rule of the officers who belong to the regular army. It seems there is a system of favouritism, by which men well to do are allowed to stay at borne, while those who depend on their labours, even though they have families, are compelled to devote their time to the public service. The public service, be it understood, is not popular just now, as the Kaffirs are becoming toleiable marksmen, and fire with ball a little more truly than some of the soldiers, pro tern , consider agreeable. The Wtsle van Missionaries in Amapondaland,

beyond tne tsasiiee Kiver, have been piunaerea, and much annoyed by the savages. Some or their men were killed and wounded, and their cattle driven off. These 1 latter they recovered after a sharp skirmish next day. On the 17th July/ Colonel. Somerset made an ' incursion into the' Kaffir country with 1500 men. The enemy were -in; force, but irregular skir- ■ mishes only took- place. They were di iven back, however, with a loss of forty men and 5300 cattle, which have been safely driven in over a hundred miles of country. Four prisoners were taken and set free, charged with messages of defiance. The English lost only one man (a Fingoe). The result of this expedition is considered most important. The privations of our troops and militia 'on the march were very great. The horses suff ered so much from fatigue that it was necessary to destroy 130 who could not proceed, and whom* it would have been bad policy to> suffer to fall into the enemy's hands.— Adel.Observer,Dec. 26*