PROCLAMATION

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 261, 29 January 1848, Page 4

PROCLAMATION

VICTORIA, by the Grace of God, of the United Kingdomof Great Britain and Ireland, Queen, Defender of the Faith, and so forth, fyc. $c. TfItfHEREAS in pursuance of an Act * * made and enacted in the Parliament holden in the ninth and tenth years of Our Eeign, intituled " An Act to make further provision for the Government of the New Zealand Islands," We have been pleased to issue certain Letters Patent, a copy whereof is hereinafter set forth, (being the New Zealand Charter), under the Great Seal of the United Kingdom, and certain Instructions, under Our Sign Manual and Signet, accompanying the same : And Whereas in and by the said Letters Patent, we did declare our will and pleasure to be, that the said Charter should not take effect or come into operation in the said Islands of New Zealand, until the same should have been published and made known to the Inhabitants of the said Islands, by a Proclamation to be for that purpose issued by the person commissioned by Us to be Governor-in-Chief, for the time being, of the said Islands : And Whereas by certain Letters Patent, bearing date the twenty-third day of December, one thousand eight hundred and forty six, We have commissioned and appointed "George Grey, Esquire, to be Go-vernor-in-Chief in and over the Islands of New Zealand: Now We do hereby publish and make known the said Letters Patent, (being the New Zealand Charter). And We do hereby further proclaim and declare that this Our Proclamation shall take effect, and that the said New Zealand Charter shall take effect and come into operation upon and from the first day of January, in the i Year of our Lord One thousand eight hundred and forty eight. In testimony whereof, We have caused this Our Proclamation to be Sealed with the Seal of Our Colony of New Zealand. Witness, Our trusty and well-be-loved George Grey, Esquire, Governor-in-Chief in and over the Islands of New Zealand, at (L. S.) Government House, Auckland, this twenty fourth day of November, in the eleventh year of Our Reign, and in the year of Our Lord, one thousand eight hundred and forty seven. Geor&e Grey, Govemor-in-Chief. By His Excellency's command, Andrew Sinclair, Colonial Secretary. God Save the Queen !

Victobia, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all to whom these presents shall come, greeting. — Whereas by an Act made and passed in the Parliament holden in the ninth and tenth years of our reign, intituled "An Act to make further provision for the Government of the New Zealand Islands," it is among other things enacted, that it shall tye lawful for us, in and by any letters patent to be issued., after the passing of the said Act, under the greatseal of the United Kingdom, from time to time to constitute and establish within any district or districts of the Islands of New Zealnd, one or more municipal corporation or corporations, and to grant to any such corporations all or any of the "powers which (in pursuance of the statutes in that behalf made and provided), it is competent to us to grant to the inhabitants of any town or borough in England and Wales, incorporated in virtue of such statutes, or any of them, and to qualify and restrict the exercise of any such powers in such and the same manner as by the statutes last aforesaid, or any of them, we may qualify or restrict the exercise of any such powers in England; and it is by the said Act further enacted, that it shall be lawful for 'us, by any such letters patent as aforesaid, to make •and prescribe all such rules as to us shall seem fit for determining the extent and boundaries of the districts to be comprised within any such municipal corporations as aforesaid, and for regulating the choice and election of the various officers of any such corporations, and of the members of the governing bodies thereof, and for ascertaining the qua-, lifications of the members of any such municipal corporations; and it is by the said Act further enacted, that it shall be lawful for us to execute any of the powers thereby vested in us, bylnstractions under our signet and sign manual, approved in our Privy Council, and accompanying or referred to in letters patent to be issued as aforesaid, and that it, shall be lawful for us, by any such letters patent or instructions, to delegate to the Governor-in-chief, for , the timte being, of the Islands of New Zealand, or, , to the respective governors for the time being of the' respective provinces into which the said islands mays be divided, the exercise of such of the powers by " the 'said Act vested in us, as it may seem meet to us so> to delegate, and to prescribe the manner and form in which, and the conditions subject to which, such delegated authority shall so be exercised.

Now, Know Ye, and in pursuance of the said recited Act, and in exercise of the powers thereby in us vested, and also in exercise of all and every other the powers to us in that behalf in anywise belonging, we, of our special grace, mere motion, and certain knowledge, have constituted and established, and do hereby constitute and establish, within the said Islands of New Zealand, such municipal corporations with such powers, qualifications and restrictions, as are mentioned and directed in certain Instructions by us given under our signet and sign manual, approved in our Privy Council, and bearing even date with and accompanying these presents. 11. And, in further pursuance and exercise of the powers aforesaid, we do hereby grant, appoint, and ordain, that the districts to be comprised within such municipal corporations respectively, shall be of such extent, and shall have such boundaries as are prescribed and provided for in and by the said instructions, and that the choice and election of the various officers of the said corporations respectively, and of the members of the governing bodies thereof, shall take place and be regulated according to the rules and in the manner and form piescribed and provided for in and by the said instructions ; and that the qualifications of the members of the said municipal corporations, shall in like manner, be ascertained according to the rules and in the manner and form prescribed and provided for, in and by the said intructions. HI. And, whereas it is by the said recited Act further enacted, that it shall be lawful for us, in and by any letters patent, to be issued as aforesaid, fiom time to time, to divide the said Islands of New Zealand into two or more separate provinces, and to constitute and establish within the same, two or more separate Assemblies ; that is to say, one such Assembly in and for each of such sepaiate provinces, and that each of the said Assemblies shall consist of, and be holden by, a Governor, a Legislative Council, and a House of Representatives. Now therefore, in further pursuance of the said recited Act, and in exercise of the powers thereby in us vested, we do hereby grant, ordain and appoint, that the said Islands of New Zealand shall be divided into two separate provinces, to be called respectively the " Province of New Ulster," and the " Province of New Munster;" and we do hereby divide the said islands accordingly ; and we do hereby constitute and establish a separate Assembly within each of the said two provinces, to consist of and be holden by a Governor, Legislative Council, and a House of Eepresentatives ; and we do hereby declare, ordain and appoint, that the limits of the said provinces respectively, and the time at which, in each of the said provinces respectively, the said Assemblies shall be convened or holden, shall be determined in the manner and form prescribed and provided for, in and by the said instructions herein-be-fore mentioned. IV. And whereas it is by the said recited Act further enacted, that each of the said Legislative Councils, when constituted, shall consist of such persons as we shall for that purpose appoint ; and that the elections of the members of the said Houses of Representatives shall take place in such manner and form, and under such regulations as shall for that purpose be prescribed in any such letters patent as aforesaid. Now, therefore, in further pursuance and exercise of the powers aforesaid, we do hereby grant, appoint and ordain, that the said Legislative Councils shall consist of such persons as are for that purpose appointed or designated by us in the said instructions herein-before mentioned, and that the elections of members of the said houses of Representatives respectively, shall take place in the manner and form, and under the regulations prescribed and provided for in and by the said instructions, herein-before mentioned. Y. And whereas it is by the said recited Act further enacted, that it shall be lawful for us, in and by any such letters patent, to be issued as aforesaid, to constitute and establish a General Assembly in and for the said islands of New Zealand, to be called the General Assembly of New Zealand, which said General Assembly shall consist of and be holden by, the Governor-in-Chief of the said islands, and a Le - gislative Council, and a House of Representatives ; and that such Legislative Council shall consist of j such persons as we shall for that purpose appoint ; and that such House of Representatives shall consist of members of the respective houses of Representatives of the several provinces into which the said islands may be divided, which members, so to serve in the said General Assembly, shall be elected, nominated, and appointed, by such persons, in such manner and form, and upon and subject to such rules and conditions as we, by any such letters patent as aforesaid, shall direct Now, therefore, in further pursuance of the said recited Act, and in exercise of the powers thereby in us vested ; we do hereby constitute and establish a General Assembly in and for the Islands of New Zealand, to be called the " General Assembly of New Zealand," and to consist of and be holden by the Governor-in-Chief of the said islands, a Legislative Council, and a House of Eepresentatives ; and we do hereby grant, appoint, and ordain, that the Legislative Council of the said General Assembly of New Zealand, shall consist of such persons as are for that purpose appointed or designated by us in the said instructions hereinbefore mentioned ; and that the House of Representatives of the said General Assembly shall consist of members of the respective Houses of Representatives of the said provinces to be for that purpose elected, nominated, and appointed, by the persons appointed or designated, and in the manner and form prescribed and provided for in and by the said instructions herein-before mentioned. VI. And whereas it is by the said recited Act further enacted, that it shall be lawful for us, by any such letters patent, to be issued as first aforesaid, to make and prescribe all such rules as to us shall seem fit, for ascertaining the qualifications of the members of any such Assemblies or General Assembly, as aforesaid, and for determining the length of time for which every such Assembly or General Assembly shall be holden from the time of the election of the members of the said 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 affirmation to be made, by the members of the said Corporations, Assemblies, or General Assembly, or any of them, before entering on the discharge of the duties of their respective offices, and for prescribing the course of proceeding to be followed in the said respective Assemblies, and •in the said General Assembly, in regard to the enactment of laws, statutes, and ordinances therein, and for determining in what cases the Governor-in-Chief for the tune being, of the said islands of New Zealand, or the Governor for the time being of any separate province shall, in our name and on our behalf, assent to any such laws, statutes, or ordinances, or reserve the signification of our pleasure thereon,

together with, all such rules as shall beneces saryfor determining the effect of the disallowance by us of any such law, statute, or ordinance, although not so reserved as aforesaid, together with all such other rules, not being repugnant to the said Act, as it may seem to us necessary to make and establish for carrying into full effect the purposes and objects thereof. Now, therefore, in further pursuance of the said Act, and in exercise of the powers so thereby vested in us as aforesaid, we do hereby declare our pleasure to be, that upon and in respect to all and each of the matters and things last mentioned and referred to in the said recited Act, such rules shall be observed and followed as are for those several purposes prescribed or referred to, in the said instructions herein-before mentioned. VII. And whereas it is by the said recited Act further enacted, that it shall be lawful for us, by any such letters patent as first aforesaid, to appropriate and set apart from and out of the revenues of any such separate provinces as aforesaid, by way of civil list, for the maintenance of the administration of justice, and the principal officers of the civil government, or of such separate provinces as aforesaid, such sums of money as shall not exceed six thousand pounds by the year, in any one of the said separate governments. Now therefore in pursuance of the said Act, and in exercise of the powers thereby vested in us, we do hereby appropriate and set apart from and out of the revenue of each of the said separate provinces respectively, by way of civil list, for the purposes last aforesaid, the sum of six thousand pounds in e<ich of the said governments res2)ectively; which said several sums of six thousand pounds shall, in each of the said governments respectively, be appropriated, and applied, and accounted for in the manner and form, for that purpose appointed and prescribed in and by the said instructions hereinbefore mentioned. VIII. And whereas it is by the said recited Act among other things enacted, that it shall be lawful for us, by such letters patent as first aforesaid, to prohibit the grant or appropriation of any public money by either of the said Assemblies, or by the said General Assembly, in any case in which such grant or appropriation shall not first have been recommended by us, on our behalf, with a view to, or in aid of, some specific public service to be performed within the said provinces respectively, or within the said islands of New Zealand, collectively. Now therefore, in further pursuance of the said recited Act, and in exercise of the powers thereby in us vested as aforesaid, we do hereby prohibit the grant or appropriation, of any public money by either of the said Assemblies, or by the said General Assembly, in any case in which such grant or appropriation shall not first have been recommended by us, or on our behalf, with a view to, or in aid of, some specific public service to be performed within the said Provinces respectively, or within the said islands of New Zealand collectively IX. And whereas by the said letters patent of the sixteenth day of November, in the fourth year of our reign, we did reserve to us, our heirs and successors, full power and authority from time to tune to revoke, alter, or amend, the same as to us or them should seem meet. Now therefore, in exercise and in pursuance of the powers so reserved to us, we do hereby revoke the said last mentioned letters patent ; provided always, that all laws and ordinances made and all acts done under and in pursuance of the said last mentioned letters 2)atent, in so far as such laws, ordinances and acts ore not repugnant to these presents, and do not interfere with, or prevent theoper ation thereof, shall be as valid and effectual as though these presents had not been made. X. And we do hereby require and enjoin that the said General Assembly of New Zealand, and that the said respective Assemblies of the said respective provinces shall, in pursuance of the said recited Act, make and enact all such laws, statutes and ordinances, as by the said recited Act they are severally authorised and empowered to make and enact, and that the course of proceeding to be followed in the said General Assembly, and in the said Assemblies of the said lespective provinces, in regard to the making and enactment of such laws, statutes, and ordinances shall be according to such rules as are in that behalf prescribed and provided for in the said instructions hereinbefore mentioned. XI. And we do further authorise and require the Governor of each of the said provinces to summon as an Executive Council for each of the said provinces respectively, such and so many persons as are for that purpose appointed or designated by us in the said instructions hereinbefore mentioned, or as shall at any tune hereafter be by us appointed or designated, in any other instructions under our signet and sign manual addressed to him in that behalf. XII. And we do hereby authorise, empower, and require, the Governor-in-chief of New Zealand, and the respective Governors of each of the said provinces respectively, to keep and use a public seal for the sealing of all things whatsoever that shall pass the seal of the said general government, or the seal of either of the said provinces respectively. XIII. And we do hereby grant to the respective Governors of the said provinces lespectively, full power and authority, with the advice and consent of the Executive Council of the said respective provinces, fiom tune to time to issue a proclamation or procliirnations, dividing the same into counties, hundreds, towns, townships and parishes, and to appoint the limits thereof respectively. XXV. And we do hereby give and grant to the respective Governors of the said provinces respectively, full power and authority to make and execute, in our name and on our behalf, under the public seal of the said respective provinces, grants of waste land, to us belonging within the same, either to private persons, for their own use and benefit, or to any persons, bodies politic or corporate, in trust, for the public uses of our subjects there resident, or any of them. XV. Provided always that in the exercise of the powers last aforesaid, the respective Governors of the said provinces respectively, shall strictly conform to and observe the rules for then* guidance prescribed in and by the said instructions hereinbefore mentioned. XVI. And we do hereby authorise, empower, and require, the respective Governors of the said provinces respectively, from time to time, in our name and on our behalf, to constitute and appoint Judges, and hi cases requisite, Commissioners of Oyer and Terminer, Justices of the Peace, and other necessary officers for the administration of justice within the said respective provinces, and for the putting in force therein all laws made or to be made for the Government thereof, and all such officers as may be requisite for the due administration of the civil government therein. And we do further authorise the same Governors, as occasion shall require, to suspend from the exercise of his office or employment, [ until our pleasure shall be known, any person or'

r persons within their respective provinces, holding any public office or employment therein at our pleasure. XVII. Provided always thatiri the exercise of such power of appointment and suspension of public officers, the same Governors shall observe the rules in that behalf prescribed for their guidance in and by the said instructions hereinbefore mentioned. XVIII. And we do hereby authorise, empower, and require, the respective Governors of the said provinces respectively to administer, or cause to be administered to all our officers, civil and military, and to all other persons within the said provinces respectively, such oaths for the due execution of their respective offices and employments, as are usually taken by such officers, and the oath of allegiance. XIX. And we do hereby give and grant unto the respective Governors of the said provinces respectively, full power and authority in our name and on our behalf to grant to any offender convicted of any crime, or sentenced to the payment to us of any fine, penalty, or forfeiture by any Court or by or before any Judge, Justice, or Magistrate within the said provinces respectively, a free and unconditional pardon, or a pardon subject to such conditions as by any law then in force may be thereunto annexed, or any respite of the execution of the sentence of any such offender for such period as to such Governor may seem meet, or a remission, either total or partial, absolute or conditional, of any such fine, penalty or forfeiture. XX. And in the event of the death of the Gover-nor-in-chief of New Zealand for the time being, or of his absence from the New Zealand islands, or of his bodily ormental incapacityfor the discharge of the duties of his office, any person being within the said islands and holding a commission from us to be Governor of the province of New Ulster shall, upon the occurrence of such death, absence or incapacity, enter upon, and during such vacancy by death, or during the continuance of such absence or incapacity, or until our pleasure be known, discharge all the powers, authorities, privileges, and duties of such Governor-in-chief, as fully as if a commission for the exercise of that office during that period had by us been addressed to him. But, if there should not happen to be within the said islands on the occurrence of any such vacancy by death, or during the continuance of any such absence, or incapacity, any person holding our commission as Governor of the province of New Ulster, then, upon the occurrence and during the continuance of such vacancy by death, or during the continuance of such absence or incapacity, or until our pleasure be known, the exercise of the said office of Governor-in-chief shall be assumed by any person being within the said islands, and holding a commission from us to be Governor of the province of New Munster ; and failing any such Governor of New Munster, then and in such case by the chief officer in command of our military forces within the said islands for the time being. XXI. And we do further declare our pleasure to be that Lieutenant Governors of the said respective provinces shall by us from time to time be appointed by commissions under our signet and sign manual ; but that in the event of the death, absence, resignation, bodily or mental incapacity, or suspension from office by the said Governor-in-chief, of any such Lieutenant-Governor, it shall be competent to the said Governor-in-chief, and he is hereby authorised and empowered, upon the occurrence and during the continuance of such last mentioned vacancy, by a commission under the public seal of the Geneial Government of New Zealand, in our name, and on our behalf, to constitute and appoint any proper person to be the Lieutenant-Governor of such province until our pleasure be known. XXII. And we do hereby declare our pleasure to be that the Lieutenant-Governor for the time being of each of the said provinces (whether so appointed by such a direct commission from us as aforesaid, or by such a commission as aforesaid from the Gover-nor-in-Chief of New Zealand), shall have, exercise, and enjoy, all powers, privileges, and authorities, hereby or by the said instructions herein-before mentioned, or otherwise howsoever vested in the Governor, for the time being, of any such province, save only that the temporary and provisional administration of the office of Governor-in-Chief of New Zealand, on any such vacancy by death, absence or incapacity as aforesaid, shall pass to and become vested in the Governor of the Province of New Munster, in preference to the Lieutenant-Governor of the Province of New Ulster, and in the Lieutenant-Governor of the Province of New Ulster, in preference to the Lieutenant-Governor of New Munster; and such provisional administration of the said office of Go-vernor-in-Chief of New Zealand, shall, on any such vacancy by death, absence or incapacity, as aforesaid, pass to and become vested in such chief military officer, as aforesaid, in preference to any Lieute-nant-Governor who may hold the office of Lieute-licint-Goveruor not in virtue of a commission so issued directly by us, but in virtue of a commission so issued as aforesaid, in our name and behalf by any such Govemor-in-Chief. XXIII. And we do further reserve to ourselves full power and authority, in our discretion, to appoint one and the same person to occupy at the same time, the said several offices of Governor-in-Chief and of Governor of each of the said respective provinces, or any two of those offices, and in our discretion to appoint one and the same person to occupy at the same time both of the said offices of Lieutenant-Governor of the said respective provinces. XXIV. And whereas it is by the said recited Act further provided that it shall be lawful for us from time to time to amend, and for that purpose to add to, or if necessary to repeal any such letters patent, or instructions as therein mentioned. Now we do hereby reserve to ourselves, our heirs and successors, full power and authority from time to time to amend, and for that purpose to add to, or if necessary, to repeal these presents, and the said instructions herein-before mentioned. XXV. And we do hereby further declare our will and pleasure to be, that these presents shall not take effect or come into operation in the said islands of New Zealand, until the same shall have been published and made known to the inhabitants of the said islands, by a proclamation, to be for that purpose issued by the person commissioned by us to be Governor-in-Chief for the time-being, of the said islands. In witness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, the twenty-third day of December, in the tenth year of our reign.' By writ of Privy Seal, EDMUNDS.