THE NEW PROVINCES ACT.

New Zealander, Volume XVIII, Issue 1720, 3 September 1862, Page 3

THE NEW PROVINCES ACT.

Tim Act liy menus of which a few gentlemen in the Provinces of Hawke and Mark borough were enabled to obtain possession of the bulk of the Crown lands in those places at the rate of five shillings per acre—were enabled to spend the money thus paid directly in improving the value of the lands so cheaply acquired,—and were enabled, whilst these operations were being performed, practically to close up these Provinces against the stream of immigration which was setting towards all other portions of the Colony—has caused as much trouble to the Imperial Government as if the unfortunate little job had really some national importance. Wo published in our issue of Saturday, a copy of the Bill brought into the House of Lords by the Duke of Newcastle in June last. This is the second Imperial Statute which has been needed to solder up the wide rent in the Constitution Act, which was made by the reckless legislstion of our General Assembly in 18d8. It is not worth while now to refer to the avowed objects for which the “New Provinces Act, 18d8” was obtained Loin the Assembly in the absence of the members of that Province whose interests it was known would bo immediately affected by •t ; let it suffice to say, that a great public wrong was then perpetrated, the results of which to the Now Provinces and to the colony harn hopp fopmi |o be ns cli(jftstf’Qi|fi

as the means by which that wrong was perpetrated was illegal and unconstitutional.

In November 1860, at the instance of the House of Representatives, a “ case ” in reference to the New P. ovinces Act Avas prepared and sent to England for the opinion of the LaAV Officers of the Crown. The views thereupon of Sir Richard Bothell and Mr. Atherton Avere thus expressed :

That by the Constitution Act, 15th and 16th Victoria, c. 72, s. 69, the General Assembly had express power to constitute New Provinces in New Zealand, and to alter the boundaries of existing Provinces. But the fact of the repeal of this 69th section by the 20th and 21st Victoria, c. 53, and also the exemption by the same Act of sections 3 and 18 of 15th and 16th Victoria, c. 72, from the power of the General Assembly, prove conclusively that the General Assembly no longer has the power to constitute New Provinces, and fin' that purpose to alter existing Provinces. It follows, therefore, that the Act of Assembly of 21st August, 1858, so fur as it attempts to create New Provinces by carving them out of existing Provinces, is ultra vires, and at variance with the existing Imperial Statutes.

11l July 1861, an Act was passed by the Imperial Parliament, purporting to give validity to the acts done under the authority of the local law; but oven that did not cere the inherent vice and defect of the New Provinces Act. A new “case” was sent home,and, apparently in consequence of the representations made by the late Ministry, it was considered necessary to bring in the Bill, which was, at the date of the last advices, before the Imperial Parliament. The Act of 1861 is thereby proposed to bo repealed, and the Act of the General Assembly will be practically abrogated. Henceforth, if wo read the law aright, a new province can be constituted only by an Act of the Legislature passed for that specific purpose. Much mischief has been already accomplished. Canterbury and Auckland have it is true escaped, but the power and influence of the Provincial Governments of Wellington, Nelson, and Otago as colonizing agents have been crippled very grievously. Of the condition of the “model” Provinces of Hawke and Marlborough not much boast can bo made; they are enduring, as best they may, the penalties of those laws of colonial progress which they have so selfishly and so recklessly transgressed.