MUNICIPAL COUNCIL.

New Zealander, Volume 7, Issue 596, 31 December 1851, Page 3

MUNICIPAL COUNCIL.

S'atukday, Dec, 27, 1851. Present : — The Worshipful the Mayor ; Aldermen Dignan, O'Neill, Powditch, and Mason ; Councillors Davy, Abraham, Hickson, Newman, Haultain, and Taylor. Mr. Merriman attended as Acting Town Clerk. The Minutes of the last Meeting having been read and confirmed, A conversation took place respecting the motion which Mr. Abraham had placed on the books ■with reference to taxation, which, after it had proceeded for some time, was pronounced by the Chair irregular. It will therefore be sufficient to state that, in the course of it, Aldermen Dignan and O'Neill and Mr. Newman declared themselves hostile to taxation. Ultimately it was agreed that Mr. Abraham should formally propose his motion, with the understanding that the discussion of it should be postponed. Notwithstanding this understanding, however, he was permitted to read to the Council a long document in support of his side of the question, which— as it was laid on the Table — we subjoin as part of the proceedings. It contains twenty-one reasons why, in the mover's opinion, his motion should be adopted : — 1. Because the Charter having been proclaimed without any communication with the inhabitants of the Borough, and the full extent of the powers and resources, together with the true character of the responsibilities of the Corporation being incapable of ascertainment, until after minute inquiry now in conrso of prosecution by the Committees appointed by the Town Council j no opportunity has been hitherto afforded the Burgesses for formally pronouncing a deliberate opinion upon the question of Taxation. 2. Because, so far as the expression of individual opinions is to be regarded, a strong feeling exists against any local taxation in addition to the present heavy Customs Duties, wbicb are confessedly sufficient for all purposes of legitimate civil expenditure. S. Because the present depression in trade throughout the Borough, and the disposition to emigrate to the gold fields of Australia, render the imposition of any additional charges upon the community highly impolitic. 4. Became the proceeding to exercise the power of taxation without the deliberate and reasonable assent of the community, would be a violation of the high constitutional principle which forbids the imposition of taxes without such assent. 5. Because the unavoidable election of Councillors and Officers in loyal obedience to Her Majesty's Proclamation afford no fair evidence of such assent on the part of the, Burgesses. 6. Because, in recognition of the abovementioned principle, ordinary Municipal Institutions cannot be imposed upon any ;own in England under the Municipal Corporation Act 5 & 6 Wm. 4, c. 76, except upon the Petition of the inhabitant householders. 7. Because, although Parliament has invested the Government of New Zealand witli powers to raise a revenue in contravention of that principle, the latter cannot constitutionally delegate that power to any other inriduals of the community, however select, without the assent of the community itself. 8. Because the power to proclaim Municipalities was originally vested in the Governor by the Instructions of 1846, as part of the Constitution, in order to effect indirect representation, thereby insuring co-operation with the General Assembly and the Executive in all matters relating to taxation, whether local or provincial. 9. Because, although upon the suspension of the Constitution, so much thereof as related to Municipalities was left in force, and the qualifications for Burgesses further regulated thereby, it never was intended that Corporations should be established without the consent (much less against the wishes) of the majority of the inhabitants of the district, as evidenced by Sir George Grey's reply to the Legislative Council of New Munster (Dec. 23, 1848), " that he had recommended that those districts which desired to have Municipal Corporations should have such Institutions bestowed upon them," and as is further evidenced by his repeated declarations in his Despatches to the Colonial Office, that he had not yet succeeded in inducing the inhabitants of any portion of the colony to avail themselves of the power vested in him by the Crown of conferring Municipal Institutions upon them, and his attributing this to their not feeling that any direct personal benefit J would follow from their taking such a charge upon i themselves, and to their perceiving that no funds could ! be raised for Municipal purposes, except by additional and direct taxation, and the fact of his actually creating Hundreds to avoid this difficulty, in the hope that they might grow by degrees, and with an almost insensible progress, into Municipalities. 10. Because the foregoing reasons, if of weight in reference to ordinary Municipal Institutions, are irreeistible where, as in the case of the Auckland Charter, full powers of self-government on all matters of local interest are professed to be bestowed. 11. Because, unless the Charter be heartily accepted by the great majority of the community, Her Majesty will not confer the inestimable ladvantages of self-go-vernment, but she will give to a very small fraction of Ler subjects the power of governing the large majority, who cannot "escape from the machinery of the Charter when once set in motion by this or any other small fraction itself. 12. Because the Lieutenant-Governor, on formally delivering the Charter, urged careful consideration of its provisions, and of the letter of the Governor accompanying it, and directly intimated that alterations could only be effected by the Legislative Council, whose deliberations a is now recommended to await before effectually putting the charter in force. 13. Because the necessity and importance of delay before calling into existence the establishment necessary for the discharge of the ordinary duties of the Corporation cannot be more forcibly illustrated than by the considerations embodied in the following paragraph from the address of the Governor-iu-Chiefto the Legislative Council of New Munster (Dec. 21, 1843) :— «' I would remind you, therefore, that the fact of the colony being able to defray the expenses of its internal govern* nient from its own resources is a necessary preliminary to we introduction of a complete representative form of

government ; the strongest inducement is thus afforded you to watch with the utmost vigilance, the mode in winch the levenuu is appiopnated in older to obtain at the earliest possible peuod for the Euiopean inhabitants of New Zealand that form of government which they appear so earnestly to desire. But, apart from these considerations, you will find that an orderly tegulalion of the finances of your adopted country, and a frugal expenditure of the public resources in this the early stage of the colony, will do more to establish its present piosperity, and to promote its future welfaie, than any other measure which you can adopt; whilst, upon the other hand, to plunge the colony into financial embarrassment at this early period of its history, or to croate a large and unnecessarily expensive government establishment, would entail upon New Zealand misfortunes which many years of the most careful administration of public affairs might not be able hereafter to remove." 14. Because the objection of the community is not so much to a fair imposition of local taxes, oven by an improperly constituted authority, as to the system of double taxation to which they will be inevitably subject, if they submit to an exercise of the power befoio the meeting of the Legislative Council, and befoie its plans for the futuie in the altered position of the Executive are made public, and guarantees taken for the due security of the community % on this head. The Provincial Councils themsehes having been designated by Sir George Grey as only if municipalities with extended powers." The system of taxation to winch the colonists of New Zealand are asked to commit themselves, iucluding local taxation, provincial taxation, colonial taxation, and imperial taxation (£38,000) for the location of Pensioner Force, for example, would be highly objectionable even in an old country, where the nonproductive labour of multiplied officials is not so plainly j injurious — but in New Zealand must be perfectly sui- j cid.il, inasmuch as it must operate injuriously upon the general revenue, and postpone indefinitely the grant of a compete representative form of Government. 15. Because co-operation with the Legislative Council appears to be regarded by Lord Grey as indispensable to the existence of the Corporation, since he bids (30th Nov., 1847) the Governor-m- Chief remember "that the functions of Government may be lightened by the establishment of the Town Councils, and that if the Legislative Council feels itself able to place at the disposition of these bodies whatever portion of tho Geneial Revenue may Rot be required for general purposes, they may effectually manage all matters of purely local concern*;" and Lord Grey afterwards (March 18, 1348) also suggests that it would be practicable " to give ex ojjicio seats in the Provincial Legislative Councils to the Mayors of Boroughs." 16. Because delay can work no injury to the public service, inasmuch as Sir George Grey has repeatedly declared that it is possible to laise in this colony an ample revenue for all the purposes of Civil Government, from duties of Customs, and particularly in a despatch dated the 20th April, 1849, represented to Lord Grey that should its then career of prosperity continue (the Customs revenue of New Ulster being then estimated at £29,000) the colony would very shortly be able to defray Us own expenses, and have a very considerable surplus revenue, after making most liberal provision for the eudowment of Schools, Hospitals, and similar institutions for the benefit of the Native race (Blue Book, 1850, p. 136). A representation now fully realized, as the revenue from Customs, &c, in this Province is likely to amount to nearly £40,000, and the estimated expences, including charges against the Land Fund only amount to £32,000, whilst the staff of officers is generally regarded to be in excess of what the most efficient discharge of all public duties, local, as well as provincial, can possibly require. 17. Because, if the corporation at once undertake the large portion of the Executive duties delegated to them by the Charter, the duties of the officials will be further narrowed, and extensive reductions will be imperative, which, should be arranged in co-operation with the Provincial Government. Powers and duties being correlative terms — the authorities and resources of the Corporation must be commensurate with the responsibilities, and no division or conflict of authority ought to be allowed in matters clearly within its province. 18. Because this result is inevitable unless the Government ha 9 some extended operations in view, without tho limits of the Corporation (which delay will make known,) — since the district within its limits forms by far the most important sphere of European settlement within the province, and of the active discharge of the duties of the Executive— about 7-Bths of the Provincial expenses arising therein, and more than 9-10ths of the revenue ibeing raised therefrom, or through tho enterprise, capital, skill, and labour of its settlers. 19. Because Sir George Grey has admitted this result by declaring that if new provinces were established it would be possible considerably to reduce the expenditure on account of Government establishments in the existing provinces, by transferring officers to new Provinces. 20. Because before the Corporation by appointing its staff of officers, lessens the duties of existing officials, and thereby aggravates the public complaints, the Government ought to make known its intentions, so as not to impose upon the Corporation the invidious duty of forcing reductions by counter-appointments to offices, the duties of which are at present discharged by gentlemen, who if not as officials, at least as fellow-colonists are entitled to some consideration. 21. Because delay will afford the Burgesses an opportunity of pronouncing upon, the Charter itself, with full information as to its character, and the intentions of the Government, And of deciding whether good reasons exist for undertaking an Institution now regarded as possessing few recommendations in comparison with its costliness ; and further, because if an exceptional case be established in respect of the Missionary advantages (so to speak) resulting to the natives of New Zealand by exhibiting for their benefit a possibly (in this view) useful form of European Local Government, and accustoming them to the exercise of the Franchise, delay will afford time for the proper representation the claim hence arising, for full and permanent endowments, (which ought to be the rule, instead of the exception) and for all due consideration at the hands'of the Imperial, as well as Colonial authorities. Having finished the reading, Mr. Abraham moved—" That all proceedings for the imposition, collecting, accounting for and auditing of, all rates and assessments on property, real or personal, or both, within the Borough, or upon the owners or occupiers of any of such property, except for the purpose of inquiry, be deferred until after the meeting of the Legislative Council." The motion was seconded by Mr. Newman, and (after a remark by Alderman Powditch that he thought some of the reasons would interfere with the legality of their being there at all) — it was agreed that the consideration of the question be adjourned until the several Committees shall have presented their reports. Alderman Mason moved, and Alderman O'Neill seconded the appointment of a Finance Committee to inquire into and report upon the probable nett income which the Corporation would desire from its endowments. The motion was withdrawn, however, in favour of a proposition by the Mayor that instructions to report on the subject should be given to the Committees already existing. Mr. Abraham moved that the Public Works Committee be requested to furnish an estimate of the probable cost of the survey of the property liable to taxation in the Borough, in case an assessment should be resolved on. The Mayor and Alderman Mason thought that the best plan would be that each member ojf the Council should give an approximate estimate of the value of property in his own Ward. This was finally adopted as the opinion of the Council. Alderman O'Neill laid on the table the following Draft ota Petition to the House of Commons, and gave notice that he would move its adoption at the next meeting : To the Honorable &c, &c. The Humble Petition of the Mayor, Aldermen, and Burgesses of the Borough of Auckland, in the Province of New Ulster, in the Territory of New Zealand, in Common Council assembled. Sheweth: That your Petitioners have heard, with alarm, that a proposition has been made to Her Majesty's Puucipal Secretary of State for the Colonies to charge tho claim made by a certain company styled the New Zealand Company on the Revenue of the Territoiy of NewZealand. That your Petitioners, without entering into tho question whethei or not the said claim ought to be charged on any portion of the Revenue of Now Zealand, beg with much respect to draw the attention of youi

Honorable House to the manifest injustice of charging upon the Revenue of tho piovince vi' New Ulster any portion of the claim of the New Zeulaud Company, which has neither directly nor indiiectly conferred any benefit upon any part of that Province, with the exception of the settlement of Taianaki, but has on the contrary, both directly and indirectly caused considerable injuiy to that portion of the said Piovmce which is included within the limits of the Boiough of Auckland, which includes [ ]of the whole white population of tho Piovmce. Your Petitioners therefore humbly pray that your IJoiiomble House ri.iy not sjnctioii any measure which may be brought befoie you for the puiposo of cbaiging the debt or claim of tho New Zealand Company upon the llevenuo of the piorince of New Ulster. And your Petitioners, &c, &c. Alderman Powditcli handed in a letter from the Wardens of the Hundred of Onehunga, claiming for that Hundred its share of the sum to be appropriated from the pi'oceeds of the Land Sale, and specifying the road on which they wished it to be expended. Alderman O'Neill gave notice of a motion on the subject of precautions against fire. Alderman Mason gave notice that at the next meeting he would move that a Town Clerk and Treasurer be appointed ; that Mr. Merriman be appointed to these offices ; and that his salary be £150 per annum. The Council then adjourned.