PROVINCIAL COUNCILS' ORDINANCE.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 348, 2 December 1848, Page 3

PROVINCIAL COUNCILS' ORDINANCE.

[Passed the 18.tb, day of November, 1848.] An Ordinance to provide for the Establish? ment of Provincial Legislative Councils, in the Colony of New Zealand. Whereas in pursuance of the provisions of an 4£t made §qd enacted in the Parlumepf

holden in the ninth and tenth years of the reign of her Majesty Queen Victoria, intituled "An Act to make further provision for the government of the New Zealand Islands," her Majesty, by certain Letters Patent, under the Great Seal of the United Kingdom, bearing date on the 23rd day of December, 1846, did ordain and appoint that the said islands of New Zealand should be divided into two separate Provinces, to be called respectively the " Province of New Ulster," and the "Province of New Munster." And whereas by an Act made and enacted in the Parliament holden in the eleventh year of the reign of her Majesty, intituled " An Act to suspend for five years, the operation of certain parts of an Act of the tenth year of her present Majesty, for making further provision for the Government of the New Zealand Islands, and to make other provision in lieu thereof," it is amongst other things enacted, that it shall be lawful for theGovernor-in-Chief of New Zealand by and with the advice and consent of the Legislative Council thereof, by Ordinance to constitute within and for any of the Provinces into which ihe islands of New Zealand were then, or might thereafter be divided, a Provincial Legislative Council to be appointed or elected, or appointed and elected in such a manner and by such person or persons as by such Ordinance shall be provided in that behalf ; and that the Provincial Legislative Council or Councils so constituted, shall have all such rights, powers, jurisdiction, and authority, as shall be granted in that behalf to the said Provincial Legislative Council or Councils, or either of them by such Ordinance and none other. Now be it enacted, by the Governor-in- Chief of New Zealand, with the advice and consent of the Legislative Council thereof, as follows : I. CONSTITUTION OF THE COUNCIL. 1. For each of the said Provinces into which the islands of New Zealand now are or may hereafter be divided, there shall be a Legislative Council, to consist of not less than nine members, with such powers and authorities, and subject to such limitations and restrictions as are hereinafter provided. 2. The members of the Executive Council of the Province for the time being, shall be members ex offieio of the said Provincial Council. 3. It shall be lawful for the Governor or Lieutenant-Governoi of the Province, by Letters Patent under the Great Seal of the Province, from time to time to summon and appoint such other person or persons as he may think proper to be personally or by virtue of his or their office, a member or members of the said Legislative Council. Provided that the number of members of the said Council, who shall not hold any office, either under the Crown or under the Colonial Government, shall always exceed the number of the men.bers who shall hold any such office. 4. All appointments to be made by such Letters Patent as aforesaid without the previous warrant of her Majesty shall be provisional only, and subject to her Majesty's confirmation 'or disallowance, but shall be valid to all intents and purposes and irrevocable until her Majesty's pleasure shall have been signified thereupon. 5. Any member of the said Council who shall become bankrupt or insolvent according to any law in force in the colony, or who shall be convicted of any felony or other infamous ciime, shall thereupon forfeit his place in the said Council, and cease to be a member thereof. 6. Every member of the said Council who shall be summoned to attend any meeting thereof whose ordinary place of abode shall be more than twenty-five miles from the place where the meetings of the Council shall be bolden shall be entitled to receive, and there shall be paid over to him on the first day of each session, by the clerk of the Council the sum of fifty pounds for and towards defraying the travelling and other expenses incurred by such member in attending the meeting of the Council. And all sums so paid shall be chargeable upon and payable out of the general revenue of the Province. 11. JURISDICTION, ETC., OP THE COUNCIL. 7. It shall be lawful for the said Legislative Council to make and ordain all such laws and ordinances except as hereinafter mentioned as may be required for the peace, order, and good government of the Province. 8. In the making of such laws and ordinances, the said Council shall conform to and observe all such instructions as her Majesty shall from time to time make for their guidance therein, 9. No such law or ordinance shall be repugnant to the law of England, or to any ordinance to be made and enacted by the Go-vernor-in-Chief, with the advice and-consent of the Legislative Council of New Zealand. 10. All laws and ordinances to be made by the said Provincial Council shall be subject to the confirmation or disallowance of her Majesty in such manner and according to

such regulations as her Majesty shall from time to time prescribe. 11. No Ordinance of the said Council shall be assented to by the Governor or Lieu-tenant-Governor without the previous sanction of the Governor-in-Chief. 12. It shall not be competent for the said Council to make or enact any law or ordinance for any of the purposes hereinafter mentioned (that is to say) Ist. For the regulation of Duties of Customs to be imposed on the importation or exportation of any goods at any port or place in the said New Zealand Islands. 2nd. For the establishment of a general Supreme Court to be a court of original jurisdiction, or of appeal from any of the superior courts of any such separate Province as aforesaid. 3rd. For determining the extent of the jurisdiction or the course or manner of proceeding of such general Supreme Court, or of the said superior courts. 4th. For rpgulatlng the current coin of the said islands, or any part thereof, or the issue therein of any bills, notes, or other paper currency. sth. For determining the weights and measures to be used in the said islands or in any part thereof. 6th. For regulating the Post Offices within, and the carriage of letters between different parts of the said islands. 7th. For establishing laws relating to bankruptcy and insolvency. Bth. For the erection and maintenance of beacons and light-houses on the coasts of the said islands. 9th. For the imposition of any dues or other charges on shipping, at any port or harbour within the same. 10th. For regulating marriages within the same, or any part thereof. 11th. jor affecting Crown land or lands belonging to the aboriginal native owners or for imposing any disablities or restrictions on persons of the native race to which persons of European birth or descent would not also be subjected. And any Ordinance or pretended Ordinance which may be made by the said Council for any of the purposes hereinbefore set forth shall be absolutely null and void to all intents and purposes. 111. PROCEEDINGS, ETC., OF THE COUNCIL. 13. The Governor for the time being, or in his absence from the Province, the Lieute-nant-Governor thereof shall be present at, and shall preside over all meetings of the said Legislative" Council. Provided always that so long as the office of Governor-in-Chief of New Zealand and Governor of the said Provinces thereof respectively shall be vested in the same person, it shall not be necessary for the Governor-in-Chief to preside over such Council, although he may be within the limits of the Province in which such Council may be holden unless he shall think fit so to do. 14. " Minutes" shall be kept of all the proceedings of the said Council by the clerk of the Council, and the said Council shall not proceed to the despatch of business, until the " Minutes" of the last meeting have been first read over and confirmed or corrected as may be necessary. 15. The said Council shall not be competent to proceed to the despatch of any business unless a majority of the whole number of the members thereof shall be present. 16. No law or ordinance shall be enacted, and no question shall be debated by the said Council,, unless the same shall have been previously proposed for that purpose by the Governor or Lieutenant - Governor. Provided nevertheless that if any Member of the Council shall deem it expedient that any law be enacted or that any question be debated by the said Council, and of such his opinion shall transmit a written statement to the Governor or Lieutenant Governor it shall be lawful for any such Member to enter upon the " Minutes" of the said Council a copy of any such statement, together with the reasons upon which such his opinions may be founded. 17. All questions proposed for debate in the said Council shall be decided by the majority of votes, and the Governor or Lieute-nant-Governor shall have an orginal vote in common with the other Members of the said Council, and also a casting vote, if upon any question the votes shall be equally divided. 18. All Laws to be enacted by the said Council shall be styled " Ordinances enacted by the Governor (or Lieutenant-Governor, as the case may be) of the Province of , with the advice and consent of the Legislative Council thereof." Id. Every such Ordinance shall take effect from a time to be thereiu for that purpose appointed. 20. All Ordinances madb for levying money or for imposing fines, penalties, or forfeitures, shall grant or reserve the same to her Majesty, her beirs and successors, for the public uses of the Province and the support of the Government thereof in such manner as by

the said Ordinances may be directed. And no such money shall by any such Ordinance be made issuable save only by warrants to be granted in pursuance thereof by the Governor or Lieutenant-Governor of the Province. 21. In the construction of all such Ordinances as aforesaid the word " Governor" shall be taken to include the "Lieutenant Governor," and any word or words importing the singular number or the masculine gender only shall respectively be understood to include several persons, matters, and things, as well as j one person, matter.or thing, and females as well as males, unless there be something in the j subject or context repugnant to such construction. 22. For the purpose of securing punctuality of attendance by the Members of the said Council, and the prevention of meetings of the said Council being holden without convenient notice to the several Members thereof, and for maintaining order and method in the despatch of business, and in the conduct of all debates in the said Council, it shall be lawful for the Governor or Lieutenant-Governor, and and he is hereby required to frame and propose to the said Council for their adoption such standing rules and orders (not being repugnant hereto) as may be necessary in that behalf. IV. APPROPRIATION OF REVENUE. 23. There shall be appropriated and set apart from and out of the levenues of each of the said Provinces as aforesaid by way of Civil List for the public use of the colony or Province the sum of sir thousand pounds by the year. 24. Such Civil List shall be applied and appropriated to such specific purposes as the Lords Commissioners of her Majesty's Treasury for the time being or any three of them shall from time to time direct and appoint. 25. All duties, taxes, rates, tolls, and assessments imposed and made payable by virtue of any Ordinance now in force, or which may hereinafter be imposed or made payable by virtue of any Ordinance to be made by the Govei - nor-in-Chief with the advice and consent of the the Legislative Council of New Zealand shall be appropriated to such specific purposes as i by any such Ordinance shall be prescribed in that behalf and to no other save as hereinafter is excepted. 26. The first application of any such duties, taxes, rates, tolls, and assessments shall be towards defraying all the expenses of collecting, receiving, managing, and auditing the same. 27. Subject to such deduction as aforesaid the surplus which may remain of the proceeds of any such duties, taxes, rates, tolls, and assesments shall be applied to the specific purpose prescribed by the Ordinance imposing the same. 28. Subject to such deductions, to such Civil List as aforesaid, and to any charge which by any Law or Ordinance now in force may have been made on the general revenue of New Zealand, or of the Provinces into which the colony may be divided, the proceeds of all such duties, taxes, rates, tolls, and as« sessments, shall be paid over to the respective Treasuries of the said Provinces, for the public uses thereof, and subject to the appropriation of the respective Legislative Councils of the said Provinces respectively. 29. In the apportionment of any such ultimate surplus between the said Provinces, the part of the surplus to be assigned to each shall bear to the whole of such surplus the same proportion which the part of the gross proceeds raised and collected within such Province may have borne to the total amount of the gross proceeds of any such duty, tax, rate, toll, or assessment. George Grey, Governor-in-Chief. Passed the Legislative Council this eighteenth day of November, in the year of our Lord, one thousand eight hundred and forty eight. J. Coates, Clerk of Council.