POWER OF THE ASSEMBLY TO ABOLISH THE PROVINCES.

New Zealand Times, Volume XXX, Issue 4486, 5 August 1875, Page 2

POWER OF THE ASSEMBLY TO ABOLISH THE PROVINCES.

TO THE EDITOR OF THE NEW ZEALAND TIMES. Sir,—As statements have recently been made on some authority that the General Assembly has not power to abolish Provincial Governments, I shall bo obliged if you will allow me to point out one fact which has apparently been lost sight of. Provinces are established in New Zealand bythe second section of the Constitution Act. The sections from 3 to 31 inclusive provide for the forms of government to exist in provinces. By tho Constitution Act Amendment Act of 1557 it was made “lawful for the General Assembly to alter, suspend, or repeal all or any of the provisions of the said Act, except such as are hereinafter specified, namely. . . . The provisions contained in sections 3, 18 (save the exception therein contained), 25, 28, 29,” &c. I omit the others, which do not relate to provinces. Section 2is not excepted, hence it has been in the power of the General Assembly since 1557 to repeal the second section of the Constitution Act altogether ; in other words, to repeal that statute by which alone provinces exist. The sections not to bo repealed provide as follows: 3. That in each province there should bo a Superintendent and Provincial Council. IS. That the Superintendent and Provincial Council should make laws for the province, with certain exceptions, specified in section 19. 25. That all appropriations of money must be first recommended by tho Superintendent. 28. That tho Superintendent should send a copy of every Bill passed to tho Governor. 20, That, tho Governor might disallow it within three months. Section 19 determined the subjects on which provinces might not legislate, but might he altered provided that the BUI was reserved for the assent of the Crown. Tho obvious interpretation of these provisions is, that provinces might bo abolished altogether; but, so long as theyjjexisted, the form of government should bo unaltered in the above particulars. Section 2 of the Constitution Act comprises nil the provinces except Marlborough and Westland. These having been established by colonial laws, could, of course, ho abolished by the same, as Southland was. Further legislation then was unnecessary. Tho provinces being abolished, the General Assembly acquired the power to make all laws within them, by tho general authority given by the 03rd section to make all laws for tlxe peace, order, and good government of Now Zealand. The Act of 18G8 has, however, generally been relied on, as if It alone gave the power to abolish provinces; but, except in so far as It renders innocuous the Acts intermediately passed in relation to the creation of new provinces which are not mentioned in section 2 of the Constitution Act, it was obviously unnecessary. It gives tho General Assembly power to abolish any province, or any part of a province, and to make laws for the territory comprised therein. No one can dis-pute-that under tins statute tho Assembly could legally abolish every province, one after the other; and those who argue that this docs not give power to abolish all provinces, cannot deny that the process might legally be continued until the last differential of a province was the size of this paper. It is absurd to suppose that Parliament Intended a thing not to be done, which it provided for the doing of by a roundabout process. But whatever may bo tho effect of the Act of ISGB, tho Act of 1857, never repealed, gives the full powers now proposed to he exorcised by the Assembly.—l am, &c., ~ ~ Ex-Senator. Wellington, August 4.