MUNICIPAL CORPORATIONS.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 652, 1 November 1851, Page 3

MUNICIPAL CORPORATIONS.

Despatch from the Governor-in-Chiee to the Lieutenant-Governor of New Ulster, enclosing a Charter of Incorporation for the Borough of Auckland. Sir, —I have the honor herewith to transmit a Proclamation which I have this day issued under the great seal of the New Zealand Islands, which incorporates the town of Auckland, and the settled portions of the Auckland district, into a borough, and confers upon the inhabitants of that borough not only ths ordi—nary powers of an English Town Council, but full powers of self-government on all matters of local interest. As it is also intended to intrust to the inhabitants of the borough thus created the management of a considerable portion of the land fund raised from the sale of Crown lauds within the limits of the borough, and to place under their control the management of various public institutions, I propose to state in this despatch, for your information, the several objects which have been held in view in the preparation of the enclosed charter. 2. Yen are aware that under the authority of proclamations which have been already issued, the country in the vicinity of Auckland has been divided into hundreds, the inhabitants of which have bad conferred upon them the power of electing wardens, in whose hands has been vested the power of making all requisite regulations connected with the depasturing of stock on the unsold lands within the limits of hundreds, of improving the common lands, and of carrying on certain public works and improvements. To enable the wardens to effect these objects, all sums of money raised from depasturing licenses, or from the assessment on stock depastured within the limits of the hundreds, and onethird of the gross proceeds of all Crown lands within the limits of the hundreds which may be sold by the Crown, are to be placed at their disposal. 3. This system of dividing the country, so soon as it becomes tolerably populous, into hundreds, has hitherto—in so far as it has been tried——worked well and I propose that it should be constantly extended over the agricultural districts, as the increase of population in any particular locality visable to proclaim a hundred or hundreds in that district. Indeed, I confidently expect that within a few years, the inhabitants of New Zealand will regard this right of being formed into small municipalities for the management of the waste lands in their district, and for the expenditure of so considerable a portion of the land fund raised in it, as one of their most valuable and important privileges ; and that it will be found that the incorporation for these purposes of all the landed proprietors in the colony will create throughout the entire country bodies of considerable political influence, who will readily be able to Resist any attempts (should such ever be made) on the part of the large stockholders to acquire such rights over the Crown land as might be injurious to the interests or future prospects of the less wealthy portions of the community; whilst on the other hand the stockholders, being also by a recent law enabled to be in like manner incorporated for the management of large pastoral districts, will have the means, through regularly constituted bodies, of maintaining their rights, either as against any temporary party in the legislature, or against the hostile interests or piejudices of other classes of the community. I anticipate that from this adjustment of the respective rights of the two most important interests in this country, there will result a i better system for the administration of the ; waste lands of the Crown than has ever yet

prevailed. At least, if such should not be the case, clearly the fault of any errors or defects which may be allowed to exist in it, must for the future, to a great extent, be charged upon the apathy or want of union of the inhabitants of New Zealand. 4. But, as in the case of the country in the vicinity of Auckland, it will probably often be found that theie are various localities in New Zealand which, from occunying a position favourable to commerce, will attract a large population to their vicinity ; and in such places it will be requisite for the Government in the first instance to construct various public works, and to establish charitable and educational institutions of divers kinds adapted to the wants of the inhabitants, for the support of which endowments will have to be set apart from the Crown lands ; and secondly, it will be generally found necessary in such cases to create municipalities with very extensive powers of local self- government, and further, to vest in such municipalities the various public works which have been constructed, the institutions which have been established, and the endowments which have been provided for their support. In such instances, as the inhabitants of all the immediately contiguous hundreds will have a joint interest in the proper management of, and in the right of admission to, such charitable and educatimal institutions, and in the efficient maintenance of such public works, it will be requisite that they should be included within the limits of any municipality which may be created for these purposes. 5. In the instance of the borough of Auckland, now under consideration, it will be found from an examination of the schedules attached to the charter, that it comprises within its limits, six hundreds, and is thus mace to embrace a district which possesses great capabilities and many natural advantages; which is about sixteen miles in length from the Wao on the west to Howick on the east inclusive ; and which has a varying breadth of from five to seven miles, being bounded on the north by the Waitemata, and on the south by the Manukau.

6. Thus defined, the borough of Auckland comprises within its limits two large harbours, one on either side, and one of which (Auckland) is of a most superior description; a river (the Tamaki), navigable for small craft, which nearly intersects the borough ; a water frontage (not including the Tamaki with its numerous creeks) of not less than forty miles, having shelter and anchorage for shipping throughout the greater part of its extent ; and an area of about 58,000 acres, the whole of which, with the exception of about 1000 acres, is axailable for cultivation, and is generally of very superior quality. 7. Of the land thus comprised within the limits of the borough, about 40,000 acres are already the property of private individuals, held under grants from the Crown, and of this quantity of land about 7500 acres are in a state of cultivation, well fenced, and for the most part heavily stocked with cattle. 8. About 2000 acres are the property, and are in the occupation of the natives ; and the remaining 16,000 acres, including portions of the town of Auckland, and of the villages of Onehunga, Howick, Panmure, and Otahuhu, remain demesne lands of the Crown, available for sale and settlement.

9. The European population of the borough amounts to about 8000 souls, upwards of 4000 of whom occnpy the town of Auckland and its adjacent suburbs, whilst the aggregate population of the pensioner settlements of Onehunga, Howick, Panmure, and Otahuhu, may be estimated at about 2500 souls, leaving a population of about 1500 souls who are scattered over the ruarl districts of Tamaki, Epsom, and the Wao, and are chiefly engaged in agricultural and pastoral pursuits. The whole European population of the borough may thus be divided into three distinct classes ; viz., a commercial class residing in the town of Auckland ; the landed proprietors and farmers residing in the suburbs of the town, and in the villages and agricultural districts; and a mixed or intermediate class, who inhabit the pensioner settlements.

10. For the convenience of the inhabitants of the borough, the principal streets, the main lines of road throughout a great part of its extent, and useful causeways and bridges, have been construcied, and are now in good repair, so that they can for the future be maintained in an efficient state at a comparative small cost. An extensive wharf and landing place in the town of Auckland is now in progress; the funds for its completion have been advanced, and there can be little doubt that whilst it will greatly promote the commercial facilities of Auckland, it may be made the means of hereafter yielding a con- - siderable revenue for the corporation. 11. Various other public and charitable works have been undertaken and established within the limits of the borough, several of which have been for some time in full and most useful operation; such as a public hospital, a native hostelry, a mat ket house, pub-

lie washing, bathing, and drying grounds ; and valuable portions of the Crown lands have in some instances been set apart as end. wments towards the support of these public institutions. As a temporary measure, and until some competent body should be organized for their management, these reserved lands thus set apart as endowments have been vested in official trustees; but so soon as the Council of the borough shall have been duly constituted, it is intended to vest in that body these institutions and the endowments** for their support and maintenance. In like manner a considerable endowment has been provided for the support of a college and free grammar schools within the borough ; and so soon as one of these schools in the town of Auckland can be put into an efficient state, it is intended to vest also these establishments and the endowments for their maintenance in the corporation of the borough. 12. I trust that ample funds will be thus placed at the disposal of the corporation for the maintenance of these institutions, without their being compelled in these early days of the colony to impose any great amount of additional taxation upon the inhabitants of the borough, and in the same manner I hope that the considerable portion of the land fund which is to be placed at their disposal will enable them, by a judicious management of their resources, to make and maintain all really necessary roads through the borough, without their being compelled, at ptesent, to impose on its inhabitants any heavy rate of assessment for such purposes.

13. In pursuance of the plan I have thus traced out, the enclosed charter, in its preamble, recognizes the inhabitants of the borough themselves as being best qualified, as well by their more intimate knowledge of local affairs as by their more direct interests therein, to provide for the efficient management of such institutions, works, and endowments ; and recites that with a view to that end, and to the good order, health, and convenience, of the people, it is expedient that the inhabitants of the district should be constituted a body corporate, with the powers thereinafter mentioned.

14. As it is not the object of the charter to confer upon any particular class, by means of a Council to be chosen by that class, the power of governing the borough, but to give to the inhabitants at large the power of governing themselves by means of a Council in which every class and portion of the borough may be fairly represented, the borough has been divided into fourteen electoral divisions or wards, and the Council is to consist of fourteen members, one being returnable for every ward. If, without any such subdivision, the whole number of councillors had been returnable by the entire body of electors, the result would probably have been that nearly the whole body of the councillors would have been inhabitants of the town, and would have been chosen by its inhabitants. Such a body, so chosen, would have had only an imperfect knowledge of the condition and requirements of the country districts and of the pensioner settlements, whilst they would probably have had a direct interest in promoting town improvements; and if, after assigning to the town a certain number of members, the remainder of them had been returnable by the inhabitants of that part of the borough which lies beyond the limits of the town, then the farmers and landed proprietors—the class which of all others has the most fixed and permanent interest in the country —would have been virtually excluded, forming, as they do, numerically, a minority taken in connection with the populous military settlements in the neighbourhood of Auckland. For this reason, and to secure in so far as practicable to each class a fair share in the election of the governing body, each pensioner settlement and each agricultural district has been formed into a distinct ward, with the power of returning a member to the Common Council of the borough. 15. In defining the metes and bounds of the several wards, it was obviously impossible, under the circumstances, and with due regard to the principle of the charter—local self-go-vernment —to adopt either territorial extent or numerical importance with respect to population as the rule. Whatever may be the present disparity in these respects of the several wards, a near approach to equality will probably be found to exist in the proportion that will be borne by the several wards in their contributions to the general funds to the borough under the operation of a rate levied on real property. Another important consideration which has been held in view in determining the size and figure of the several wards, was well defined boundary lines, either natural or artificial.

16. As the business of the corporation will be of a strictly local nature, namely, to provide fcr the government and improvement of the borough with a due regard to the interests of i:s several localities, it was deemed essential that the governing body should be composed of men having accurate knowledge of D

the condition and requirements of its various parts, and this object has therefore been secured by that provision of the charter which prescribes that the member to be elected for each ward shall be a burgess of the ward for which he shall be elected. By this means the Council will possess accurate practical knowledge of every part of the borough, and each ward will be represented by a member who will naturally be anxious to promote its improvement, and who will have a direct personal interest in its prosperity. 17. The number of natives residing within the borough is but small, and nearly the whole of them reside within the limits of the single ward of Tamaki West. It appeared, that though, as has been piovided for by a recent Ordinance, they are not excluded from a voice in the election of the Council, they will be practically found to exercise but little influence even in the return of a single member. 18. You will observe that the powers of legislation conferred upon tbe Council are subject to the limitation that no bye-law made by them shall be repugnant to any law or ordinance of the General Legislature, or of the Province. As some misapprehension may possibly exist as to the precise meaning of these words, I think it right to state that, as used in the enclosed charter, they mean no more than this : —that although the power of legislating on certain subjects has been given to the Municipal Council, yet that to such Council the exclusive power of legislating on those subjects has not been given, and that in case of, or rather to avoid, a conflict of laws, tbe authority of the superior legislative body must prevail: for example, the Council of the borough will have the power of making byelaws for establishing and maintaining schools; if the General Legislature of New Zealand should at some future time enact a law that that in every district of the colony a public school should be established, it would not be competent for the Council of the borough afterwards to enact by a bye-law that the borough 01 AtlCKiaiiu SuOuiu De exempt ifuiu the operation of such a law, or that no public school should be established in the district, because such a bye-law would be “ repugnant” to a law of the General Legislature, and consequently, under the provisions of the charter, such bye-law would for that reason be null and void.

19. According to the terms of the Royal Instructions, no bye-law is to take effect until it shall have been approved by the Governor-in-Chief, but tbe frequent unavoidable absence of tbe Governor-in-Chief, and the difficulty of communication between tbe different parts of the colony would, if this rule were enforced, often necessitate a lengthened delay before a bye-law could come into operation. To obviate this inconvenience, the charter provides, for the purpose of carrying its provisions into effect, that the term “Governor-in-Chief” shall be taken to include the Governor and Lieutenant-Governor of the province. 20. In order that full effect may at the earliest practicable period be given to the intentions with which the enclosed charter was drawn, I have to direct that, in compliance with the Ordinance herewith transmitted, the Colonial Treasurer should be instructed to keep a separate account, shewing the proportion of the land fund raised within the borough to which the corporation may be entitled ; and the amount which may be so due upon the first day of every month, must be, upon demand, paid over to the Treasurer of the corporation. The only exception to this rule wiii be in case of the iand recovered from the sea by the wharf at Auckland ; it will in that instance be necessary to repay, from the first proceeds of the sale of land, tbe sums which have been advanced for the erection of the wharf. When this debt shall have been liquidated, the proceeds which will be realized from the sale of the remaining portion of the land will, of course, be treated as the ordinary land fund, and one-third of the gross proceeds of such sales will be paid over to tbe corporation. It is only upon this understandjrjty that it is in my power to sanction the issue of the advances which are necessary for the completion of the wharf.

21. It being probable that not only in the town of Auckland, but in other parts of the borough also, considerable portions of land can be recovered from the sea at a comparatively trifling cost, which can then be disposed of to considerable advantage, it will be desirable, whenever it is practicable—-as tjie Government is itself so largely interested in the sale of public lands within the borough— that it should make advances to the corporation for the purpose^ of reclaiming such lands from the sea, upon the above stated condition of such advances being repaid from the first proceeds 01 the sale of any lands which mav have been so reclaimed.

22. The sum named in the margin* having Votsd b y tbe Legislature for tbe year 1852, for the making and repair of the public

r r n ad e’- Hospitals, £B9O 9s. ; Re- ™ 01 ® ,ck and Destitute, £200; Panmure Ferry, £100; total £i ,931 Bs. ’ ranmure

roads in the vicinity of Aucklnn/^^’ s’* 5 ’* support of other institutions handed over to the corporation i. ’ ,o k proper, until any different and forth * ill k pnation of the revenue may have by the provincial Council, that due each quarter from the Colonid for these purposes should be paid corporation, upon theii undertaking l ° lhe priate them to the purposes f or I? were voted. And I cannot but honJT ,lle J Provincial Council wheu it assemhi upon account of the imporiant duti BB j ‘ WI . upon the corporation, and its grea . . the Province, both as regards popukM*’’ amount of property, continue to {L/J® lnj the revenue such sums as may be * p ' Ol5 quisite to enable the corporation effi' * ,B ’ support the works and institutions the above mentioned amounts have h ** 23. Having thus stated the to meet which the enclosed charter w I should now point out that the adv<». Wa ' be derived by the inhabitants a U from the powers of self-government c upon them will, in no slight degree JrT* enced by the degree of active interest St they may individually take in the reanlt o n? first election. For the Council will ■ appointment of corporate officers, infixin \ nature and amount of their remuneration the enactment of tbe first code of bye-h/ and in other similar respects, both ditettl' and indirectly enjoy much greater pta J power, during their term of office, than .T‘ succeeding Council, and the conduct and nod, of proceeding of the first Council willprobablv give a tone to, and stamp for years to com. the character of the governing body of th, borough, and exert a considerable infl aence upon their proceedings.

24. When, therefore, it is borne in mind what extensive powers are to be confid. ed to the Council, and what valuable stitutions are to be placed under their con. trol, it will, I think, become every inhabitant ot the borough who may have propertv liable to be rated, and who may desire to see BMb institutions flourish and produce imporiant advantages for the community, to take an active part in the election of such permiu he may deem worthy to be entrusted with the discharge of such important public duties. 25. It is now only necessary that I should add that the burgesses of the borough of Auckland being by the enclosed charter, and the other several provisions which have been fot that purpose made, charged with the administration of many valuable public trusts, and with the management of the lands set apart for their support, being also endowed with i portion of the public funds, and being empowered to take all necessary measures kt improving the means of internal commuoiation within the borough; for facilitating and encouraging its trade and commerce; forproviding for the good order, health and convenience of its inhabitants; and for promoting the education of its youth ; possessing also a large share in the administration of justice io the persons of its mayor and aidermen, aodin its power of making bye-laws for the holding of quarter sessions of the peace for theborough, by the justices of the peace thereof; and being further empowered to raise the funds necessary to effect these important objects, the Council of the borough will, for the future, be in a great measure responsible for the progress and prosperity of the district, and for the due discharge of many of lhe important duties which have hitherto been nerforrnel, however imperfectly, by the Local Government, but which it was impossible at an earlier period to devolve upon the inhabitants themselves. 26. When also the corporation shall w fully established, it will mainly depend on® s activity, practical good sense, and public spin l of the inhabitants themselves, how far district of Auckland shall present the exanp* of apeaceful, well ordered, and community; and when the other settle®® 118 of New Zealand shall have been in like® B ®., incorporated with similar power, it become a matter of honourable rivalry among them, which of them shall afford the ®° striking illustration of the advantages; w 1 may be derived from bestowing upon thep pie themselves full power for lhe manage® of their own loca+affairs. I have the honour to be, & c, > G. Government House, Wellington, July 29, 1151.