Untitled

New Zealander, Volume 3, Issue 108, 12 June 1847, Page 4

(Jhapthr I— On the Executive Government of the New Zealand Islands und of the respective Provinces thereof. 1. Tub islands of New Zealand collectively shall be placed under the government and civil udministralion of an officer to be designated the" Gdveruor-iu-Chief of New Zealand." 2. The Governor-in-Chief shall in his own person conduct, in alt necessary details, tlieadministration ot the government of the province wilh'in which at the time he may happen to be. 3. The adminisirtlion of the government of the province fiom which at the tme the Guvernor-iti-Chiut may he absent, shall be conducted by a Guvernor, or, m the absence of any such Governor, by a I Lieuteuaut-Goveruor. 4. In tlie adininisiration of his office, the Gover-nor-iu-Chief will correspond with and receive all necessary niblructionb lor his guidance from us, thiough one ol our principal Secretaries of Slate. 5. lv the ailinniistintiou of the duties of his office, the Governor,, or Lieutenant-Governor, ns the case may be, will correspond w.th and receive his instructions from the Governor- in-Chief of New Zealand. 6. The Governor-in-Chief will, in manner aforesaid, prescribe all such rules as it may to him appear conducive to the good government of New Zealand so as to prescribe, lor tlie conduct of the correspondence between himself and the Governor or Lieute-naut-Governor, and for deciding in what cases and to what ox'teut it shall be the duly of the Governor or Lieutenant Governor to await his instructions before carrying into effect the powers by law vested in him. 7. The Governor-in-Chief of New Zealand shall, in his discretion, from lime to time, resort in person to either of the said piovinces, and there continue so lpug as to him shall seem meet for carrying on hi rleibon the administration of the government thereof. , 8. It shall be the duty of the Governor or Lieutenant Governor of either of the said provinces (m obedience to any instructions to him lor that purpose addressed by the Governor-in-Chief of New Zealand) to resort in person to either of the provinces aforesaid (to the Government or Lieutenant-Government of which he may have been commissioned by us), theret o assume the administration of the Govern merit thereof during the abseuceof the Gyveruor-iu« Chief in the other province. i). Neither the Colonial-Secretary of either of the said provinces, nor auy other of the public officers thereof, shall .change the place of their fl'fficiai residence in attendance on the ( Governor-in-Chief, or Governor, or the Lieuteuent-Governor, when so parsing as aforesaid from one of the said provinces to the oiher, all such subordinate ofticcis being considered as attached to the respective provinces {or and in which they may be respectively appointed to act.

CiiAPrr.it ll.— On the 'Executive Councils of the respective Governments in New Zealand. 1 In each of the .provinces of New Zealand an Executive Council shall be established for aiding with their advice the officer administering the Government tin- re of. 2. The said Executive Council shall, in each province, consist of the Colonial Secretary, the Attorney General, the Colonial Treasurer, and the principal officer iv command of our military forces within the province, being a field officer, and if necessary of' such other persons as are after mentioned. 3. In the event of the absence from any such province of the officers aforesaid, the place in the Exe- ' cutive Council of the officer or officers so absent shull be occupied by the person or persons provisionally charged with the duties of any such office or of. tices. 4. It shall be the duty of the said Executive Coun cils to advise the Governors or Lieutenant-Governors of the respective provinces for which they may be respectively appointed, on all questions 'which 'may by any such Governors or Lieutenant-Governors be referied to them, relating to their administration and discharge of the duties of such their offices. 5. It shall be competent to any member op any such Executive Council to propose for discussion t lere any question connected with the administration oi the Executive Govenimeut'thereof, and to -record on the'm'utites of such Council his opinion und -advice on"any suHrquestion. *6>'lrshairi>e competent to the GoVernbr-in-Chief of New Zealand, If he shall 'see Ht;btit not otherwise, to summon' to life "Executive ' Council of either of the safd provinces, any number' of ' persons -not holding any public office therein, pnnided'that such number of unofficial members shall not on the Avliole exceed Ihe number ol the official members thereof. 7. "Every peitf&n so summoned to either of the said Councils shall in virtue of such 'summons be a member thereof," subject nevertheless to our confirmation or disallowance of any such appoiutiWnt; on the same befpg reported to us by the Governor-in-Cuief in New'2/jaland. '8. 'Ihe'said Governor-iniChief shall prescribe ' all such rules as it may to him appear uecessary to establish for the lidding of meetings of the said Councils j for giving notice 'of such meetings, lor the due and orderly conduct of deliberation and proceedings thereof; for taking the votes of the said councillors ; for determining under the presidency of whom any such meetings' shall be held during'the absence of the Governor or Lieutenant-Governor from the same ; tor recording the various acts and • decisions of the said Councils; for the adjournment or prorogation of the same ; and otherwise for promoting the effective despatch of business thereat. 9. The Goveruor-in-Chief shall, half yearly, transmit to us, through one of our principal' SecretarK*s of State, a copy of the journals of each'- of 'the' said Councils for the last preceding half year. 10. In the execution of the powers by us vested in thesaid Governors op Liedtenant-Guvefoors of the said 'respective 'provinces, it shall not be obligatory on them to consult \\ ith the said Executive Councils in any case in which they shall deem it inexpedient so to do ; neither shall it be obligatory on them to adopt the advice of the Executive Councils, in any such case, if they shall deem it inexpedient to adopt the same. IJutthe Governor'-iu-Chief shall make a special report' and explanation to us 'of the 'motives which may have induced any such Governor or Lieutenaii t Governor to 'decline either to adopt ' any such advice, or to consult with the said Council *on any "inks lib n, of 'importance.

CHArfER lII,— On the ' Appointment and Removal of s , Public Qjfficers. ' . „. . 1. Neither the Goveruor4n-Cliief, nor'the, Qovpr. i uor, oor thejLieutcnant-Governor of Arty such 'provinces at aforesaid shall create , or assent to any law

fdr the Creation of, any new office; \vifholit our* coßTsctlt' first Had for the same, save Oirty iv cages' wHeMJ" the creation of such new offices, without the 1 delay a ( " such a reference, maybe evidently indispensable to> ' the due despatch <if the public business of the said provinces, or either ol them. 2. 'I he Governor-in-Chief shall provisionally fill ' up every' public 'nflke' in our service which Why be- ' come vacant in New Zealand, by the death, absence, retaliation, suspension, or physical or mental incapacity of the holder of it. 3. No such provisional appointment shall be final' and conclusive, unless the same shall be confirmed** nor until the same shaltbe confirmed by us. 4. On reporting every such nomination, the Go-verrior-in- Chief shall also report what is the nature' of the duties, anil what the amount of the emoluments, of every such office. 5. The Governor-in-Chief may suspend from theexecution of his Office, until our pleasure shall be known, any officer in New Zealand holding SUch hisoffice duiiug our pleasure. 6. The before 1 mentioned power of suspension shall' not in case be exercised by the Governor- in •Chief' until he shall first have received and considered the report at'd advice thereon of the Executive Council of the" province to which'such officer may belong. CTo he continued iiijour n€xt.)