Abolition of the Provinces.

Thames Star, Volume VII, Issue 2051, 31 July 1875, Page 2

Abolition of the Provinces.

We have received per telegraph from the Government the draft Bill for the abolition of the Provinces, of which, owing to its length, we give only a digest.

Preamble : A Bill intituled an Act to provide for the Abolition of the Provinces. Be it cnactpd by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same as follows : ■ ..

1. The short title of the Act i 3 to be " The Abolition of the Provinces Act, 1875."

2. The Act is to-come into operation on the day on which it is assented to by the Governor in the name and on behalf of Her Majesty the Queen; such day hereafter referred to as the " commencement " of the Act.

3. Construction and meaning of terms and expressions—"Governing body " to mean Council of any city or borough, Council or Board of Com misssionersj Board of Wardens, Trustees or other; body (having the control or government of local affairs in any . city, town or, .place) constituted under Acts previously in existence. Includes Boad and Highway Boards. "lioad District" to mean Road or Highway District or district, however denominated, whether constituted under Act of General Assembly or Provincial Council in force at date of passing this Act. " Municipality " means City or Borough constituted under "The Municipal Corporations Act, 1867," or any other body constituted under any of the Acts mentioned in, the forth column of first schedule to 11 The Municipal Corporations Act, 1867." " Public Works " to mean branchs railways, tramways, main roads, docks, quays, piers, wharves, harbor works, reclamation of land from the sea, protection of land from encroachment of sea or rivers, public buildings t'ov use of General Government or any department thereof, and all other works of public utility or convenience connected with the Government.

4 On some day not later than ninety days after commencement of Act, Governor shall by proclamation in New Zealand Gazette appoint that following Provinces be abolished: — Auckland, Hawke's Bay, Taranaki, Wellington, Nelson, Marlborough, Westland, Canterbury, and Otago. In such proclamation day be fixed for coming into operation of Act; such day hereafter referred to as date of abolition of said Provinces.

5. Portion of colony included within Province abolished thenceforth called Provincial District with same name as before.

6. All laws in forco in any abolished Province at date of abolition, except expressly or implied as altered or repealed, to continue in force until altered or repealed by General' Assembly. 7. On abolition person in office as Superintendent ceases to hold office; Provincial Council be dissolved, and no further election of either take place. Laws relating to same and to legislation by Provincial Councils cease to have operation.

8. Powers,, duties and funcfckns performed by iSupefintendents of Provinces shall on abolition be exercised and performed by the Governor until next session of the Assembly, but Governor may delegate all or any such powers to person who exercised same before abolition, or to any other person, as he may think fit, with or without restrictions ; such delegation may be revoked. Governor may exercise powers even though delegated, and such exercise not to operate as revocation,of delegated powers. 9. Powers, duties and functions exercised or performed by Provincial Secretary or Treasurer or other officer of any Province, not expressly repealed, shall after abolition be vested in and exercised by any person or persons appointed by Governor. ,

10. All property of Provinces vested in Superintendents as such, shall after abolition be rested in Her Majesty the Queen; all monies, revenues, &c, vested in Province at time of abolition shall after abolition vest in Her Majesty the Queen. Monies or revenues specifically set apart or available for public works before abolition to be thereafter applicable to such purposes accordingly. 11. All contracts existing, and all actions or suits proceeding, and things not completed by or against Superintendents before abolition to be enforced by or against Her Majesty after abolition. 12. Acts of the General Assembly (except such as repealed), and expressions therein to have meanings as follows after the abolition :— (1) " Province " to mean Provincial District. (2) " Superintendent" to mean the Governor or his delegate. (3) "Provincial Gazette" to mean New Zealand Gazette or newspaper from time to time appointed by Governor for purpose of inserting notifications relating to administration of Government of Provincial District.

; 13. Officers in the employment of Colonial Government or Government of abolished Province whose services are dispensed with within one year in consequence of abolition to be paid out of ordinary revenue of Colony one month's salary for each year of service, and a further sum at same rate if services dispensed with without three months' notice.

14. All revenues accruing from Provincial enactments, including licensos for public houses, brewers, distillers, billiard tables and rooms, "music and dancing saloons, auctioneers, sharebrokers, or licenses for other businesses and dog tax, to be paid into public account j same to bo paid to Municipality or Road Boards within which such were raised, or within which the person paying same may reside. Fines inflicted upon owners of sheep, or under enactments for preventing or spread of disease in sheep, to be paid

to Municipality or Road Board within.' which penalties incurred. If fines incurred for dispasturage on land within different districts, such fines to be apportioned between such, districts. GOLDFIELDS EEVENUE. 15. Goldfields revenue in respect of •miners' rights, licenses or residence sites, or for occupation of Crown lands for mining, to, be applied to defraying costs, charges and expenses of management of goldfields within, district where raised, but subject to payment of all rents or money payable by Her Majesty the Queen or the Governor to Native owners of land leased or othewise occupied for goldmining under Goldfields Act, 1866, or other Acts. Governor in Council may regulate such cost* and charges until end of session of Assembly next after abolition ; thereafter same to be regulated by Act of General Assembly. APPEOPRIATION OF LAND FUND.

16. Separate account ofland fund raised; within each Provincial District to be kept, to be appropriated and charged a3 follows :—(1) "With payment of interest and sinking fund of all Joans, debts and other liabilities which at date of abolition were chargeable against Province. (2) With cost of surveys and administration of waste lands within Province or Provincial District. (3). With the annual payments to governing bodies by way of endowment provided for in clause 19 of this' Act. Appropriation by the General Assembly for present financial year for education and school buildings to be also a charge upon revenue of such Provincial District. Law revenue at time of abolition invested to be dealt with under this Act

17. If land revenue raised in any Provincial District insufficient to meet charges thereon by section 16, -Colonial Treasurer authorised by " Treasury Bills [Regulation Act, 1867" to borrow sum sufficient to meet deficiency; such sum with interest and charges to be charge upon future land revenue accruing within such Provincial District. Such sum not to exceed £100,000 in any one year.

18. Land revenue after deductions aforesaid to be divided into two equal parts and charged as follows :—(1.) One part towards promoting and maintaining immigration into such Provincial District under "The Immigration and Public Works Act, 1870," and several amending Acts; and with such, proportion of maintenance of charitable institutions as may from time to time be fixed by this Acji. (2) Other part subject to appropriation of Assembly for maintenance and construction of public works within such Provincial District. For the year ending 30th June, ]875, portion charged with immigration not to be so applied; and the portion for charitable institutions shall be subject to -appropriation by General Assembly; provided that until the session next after abolition, the expenditure of said portions of land fund shall be regulated by the Governor in Council, and provided that not more than a. tenth of such residue shall be set apart for such purposes. .

19. Out of the land fund of each Provincial District is to be paid annually to the governing bodies of the several road districts by way of endowment a sum of one pound for every one pound of general rates received with the road district from a rate of one shilling in the pound on the annual value to let on valuable property; if an acreage rate be levied no greater sum to be paid to such district than would have been received from a general rate of one shilling in the pound on the annual value. Governor may appoint a valuation to determine amount to be so paid as endowment.

20. Out of the consolidated fund there shall be paid to the governing body ■oi> every municipality or road district annually the sum of one pound for every pound received from general rate or rates, provided same does not exceed one shilling in the pound levied in any one year on the annual value. Only such portion as actually received to be accounted for. Same provisions with regard to acreage rate as aforesaid, and Governor may order valuation as before mentioned.

21. Governing body of municipality or road district to prepare and transmit to Colonial Treasurer on or before first day of June in each year true and detailed accounts of all monies actually received within such district or municipality for general rates in the year ending 30th April. No account to avail for purposes of this Act unless verified by solemn declaration of Mayor or Chairman of Board. Endowments be calculated upon the amount shown to have been actually received. For current year, a pro rata contribution to be made to governing bodies at the j rate-aforesaid land upon amount received up to 30th day of April! last. - ,

22. Notwithstanding Act or law to contrary, proceeds arising from sale, lease, or other disposition of land, whether taken under " The New Zealand Settlements Act, 1863," or otherwise, same deemed to be laud revenue for pur* poses of this Act. cost or police, &c. 23. Costs and charges for police, gaols, harbors, hospitals, lunatic asylums, charitable institutions and education throughout the Colony to be borne on consolidated funds as far as not otherwise provided for. MISCELLANEOUS. ■ . 24. Nothing herein contained as to appropriation to be deemed to alter or affect liability of the Colony to public, creditor, or affect any permanent appropriation of or charges upon revenue under any law in force in the Colony. 25. Whenever under Act passed or to; be passed by Assembly in the present session, short title of which is ".The Local Government Act, 1875," any shire be constituted, such shire shall be deemed to stand in place of the several road districts forming such shire, and endowments payable to such districts shall be payable to governing body of shire, All preceding provisions of the Act shall extend to governing body of such shire, and to the chairman of the shire council,' as the case may be.

26. In case of no provision, or insufficient provision being made, Governor to have power until end of next session to make and prescribe regulations for effectually carrying out this Act, and same shall be applicable generally or to particular cases; also power to alter or to amend . such regulations. All regulations to be published in New Zealand Gazette, and being so published to have the force of law.

27. Colonial Treasurer shall issue and pay out of the public account all money which may become payable under the provisions of this Act.