PROVINCIAL LEGISLATIVE POWERS BILL.

Southland Times, Issue 1027, 25 September 1868, Page 3

PROVINCIAL LEGISLATIVE POWERS BILL.

(From Hansard). Mr Hall moved for leave to bring in a Bill to define the legislative powers of Superintendents and Provincial Councils, and said :- — The subject is one that it is urged on all sides of the House should be dealt with. It is contended by both parties that a clearer definition of the legislative powers of Provincial Councils is required than now exists, that Councils may know unmistakably what the extent of those powers is. The power they have to legislate at the present moment is conferred principally by sections 18 and 19 of the Constitution Act; these sections authorise the making of all laws for the peace, order and good government of the Province, with certain exceptions, the effect of which has from time to time become a matter of considerable doubt. There are * other pratical limitations which involve still greater doubt, arising out of the over-riding power of the General Assembly, for in those matters with which the Assembly legislates the Provincial Council is practically debarred fram action. The exact sphere in which Provincial Councils may work being originally obscure, has thus become still more so ; we think it desirable to attempt to define their powers, clearly, and, in effecting that definition, to adapt the extent of those powers to the existing circumstances of the Colony. We propose therefore to repeal section 19 of the Constitution Act, and to state definitely those subjects with which Provincial Councils may deal. They should have power to regulate the order of their own proceedings, to determine the number of members, and the districts for which they are to be elected; to impose rates, taxes, tolls, and lees, not in the unlimited way they now possess, but for the maintenance of main roads, bridges, draining, primary schools, hospitals, lunatic asylums, charitable aid and sanitary institutions, gaols and police; also for the payment of their own officers and expenses ; also to contract and'alter roads, watercourses, railroads, bridges, and other public works ; and to take compulsorily private lands . for such public purposes, subject to the laws made by the Assembly from time to time ; also power to regulate primary schools, and make bye-laws for the preservation of health in towns and places not within municipalities, these latter being amply provided for by the existing law; to regulate reserves, and appropriate waste lands revenue, except where otherwise reserved. These are the principal legislative powers we think it desirable Provincial Councils should possess, and if we might hope that on any subject honorable members opposite would agree with the Government, it would be on the desirability of settling this question on a satis- | factory basis. I trust therefore there will be no difference of opinion as to permission being granted to introduce this Bill. Leave was granted. Mr Stafford and Mr Hall were ordered to prepare the Bill, which was brought in, read a first time, ordered to be printed, and the second reading fixed for the following Wednesday.

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