000000000000 A BILL To make further Provision for the Government of the New Zealand Islands. [Note.-The Words printed in Italics are proposed to be inserted 5 10 W HEREAS by an Act of Parliament made in the fourth year of Her Majesty's reign, intituled, "An Act to continue until the Thirty-first day of December One thousand eight hundred and Forty-one, and to the end of the then next Session of Parliament, and to extend the Provisions of an Act to provide for the Administration of Justice in New South Wales and Van Diemen's Land, and for the more effectual Government thereof, and for other Purposes relating thereto," it is amongst other things enacted, that it shall be lawful for Her Majesty, by Letters Patent to be from time to time issued under the Great Seal of the United Kingdom, to erect into a separate Colony or Colonies any Islands which now are or which hereafter may be comprised within and be dependencies of the said Colony of New South Wales: And whereas in pursuance and exercise of the powers in Her Ma15 jesty vested in and by the said recited Act of Parliament, Her Majesty did, by certain Letters Patent under the Great Seal of the United Kingdom, bearing date at Westminster the Sixteenth day of November in the fourth year of Her Majesty's reign, erect into a separate Colony the Islands of New Zealand, theretofore comprised within or 20 dependencies of the said [Colony of New South Wales, with all other Islands lying between Thirty-four degrees Thirty minutes North, to the Forty-seventh degree Ten minutes South Latitude, and between the One hundred and sixty-sixth degree Five minutes to the One hundred 623. and A Preamble, 1. Act and Let ters Patent repealed so far as repugnant to Act. 2. Her Majesty may establish Municipal and seventy-ninth degree of East Longitude, reckoning from the meridian of Greenwich; and the said Islands of New Zealand were thereby erected into a separate Colony accordingly: 5 And whereas, in further pursuance of the said recited Act, Her Majesty did, by the said recited Letters Patent, authorize the Governor for the time being of the said Colony of New Zealand and certain other persons to be a Legislative Council for the said Colony, and did require and enjoin that the said Legislative Council should, in pursuance of the said Act of Parliament, make and ordain all such Laws and Ordinances as might be required for the peace, order and good 10 government of the said Colony : And whereas it is expedient to make further provision for the government of the Islands of New Zealand; BE it therefore and it is hereby Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of 15 the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT the said recited Act of the fourth year of Her Majesty's reign, and all Charters, Letters Patent, Instructions and Orders in Council made and issued in pursuance thereof shall be and the same are hereby 20 repealed, abrogated and annulled, so far, and only so far, as the same or any of them are repugnant to or would interfere with or prevent the operation of this present Act, or may be repugnant to or would interfere with or prevent the operation of any Letters Patent, Charters, Orders in Council or Royal Instructions which may at any time here- 25 after be issued under the authority or in pursuance of this Act: Provided nevertheless, That all Laws and Ordinances made and acts. done under and in pursuance of the said recited Act, Charters, Letters Patent, Instructions, Orders in Council, or any of them, shall hereafter be as lawful, valid and effectual as though this present Act had 30 not been made, save only so far as any such Laws, Ordinances or Acts may be repugnant to, or would interfere with, or would prevent the operation of this present Act. And be it Enacted, That it shall be lawful for Her Majesty in and by any Letters Patent hereafter to be issued under the Great Seal of 35 Corporations. the United Kingdom, from time to time, to constitute and establish within any district or districts of the Islands of New Zealand one or more Municipal Corporation or Corporations, and to grant to any such Corporations all or any of the powers which, in pursuance of the statutes in that behalf made and provided, it is competent to Her Majesty to grant to the inhabitants of any town or borough in England and Wales, incorporated in virtue of such statutes, or any of them, and 40 5 and to qualify and restrict the exercise of any such powers in such and the same manner as by the statutes aforesaid, or any of them, Her Majesty may qualify or restrict the exercise of any such powers as aforesaid in England. And be it Enacted, That it shall be lawful for Her Majesty, in and Letters Patent hereafter to be issued under the Great Seal of by any the United Kingdom, from time to time to divide the said Islands of New Zealand into Two or more separate Provinces, and to constitute and establish within the same Two or more separate Assemblies; (that 10 is to say) One such Assembly in and for each of such separate Provinces; and that each of the said Assemblies shall consist of and be holden by a Governor, a Legislative Council and a House of Representatives. And be it Enacted, That each of the said Legislative Councils, 15 when such Legislative Councils shall be constituted, shall consist of such persons as Her Majesty shall for that purpose appoint, and that the Members of each of the said Houses of Representatives shall be elected by the respective Mayors, Aldermen and Common Councils of the several Municipal Corporations aforesaid, situate within the 20 limits of the Government for which each of the said Houses of Representatives respectively shall be so elected, and that such elections shall take place in such manner and form, and under such regulations, as shall for that purpose be prescribed in any such Letters Patent as aforesaid. 25 And be it Enacted, That it shall be competent for any such Assembly so to be constituted and established within the Islands of New Zealand, and they are hereby authorized and empowered (save as hereinafter is excepted) to make and enact laws, statutes and ordinances for the peace, order and good government of such parts of the 30 said Islands as shall be within the limits of any separate Province, for which any such other Assembly shall be so constituted and established as aforesaid, such laws not being repugnant to the laws of the United Kingdom aforesaid. a General the Islands, 6. And be it Enacted, That it shall be lawful for Her Majesty in and Her Majesty 35 by any such Letters Patent as aforesaid, to constitute and establish may establish a General Assembly in and for the Islands of New Zealand, to be called Assembly for the General Assembly of New Zealand, which said General Assembly shall consist of and be holden by the Governor-in-chief of the said Islands, and a Legislative Council, and a House of Representatives, and that the said Legislative Council shall consist of such persons as Her Majesty shall for that purpose appoint, and that the said House 623. A 2 of 7. General Assembly may make Laws. 8. Laws of General Assembly to control those of separate Province Assemblies. of Representatives shall consist of Members of the respective Houses of Representatives of the several Provinces into which the said Islands may in manner aforesaid be divided, which Members so to serve in the said General Assembly shall be elected, nominated and appointed by such persons, and in such manner and form, and upon and subject to such rules and conditions as Her Majesty by any such Letters Patent as aforesaid shall direct. 5 And be it Enacted, That it shall be competent to the said General Assembly of the New Zealand Islands, and they are hereby authorized and empowered to make and enact such laws, statutes and 10 ordinances as may be required for all or any of the purposes after mentioned; (that is to say) first, for the regulation of all duties of Customs to be imposed on the importation or exportation of any goods at any port or place in the New Zealand Islands; and secondly, for the establishment of a General Court of Appeal, to take cognizance of, 15 hear and determine all appeals or writs of error which may be brought from any of the Superior Courts of any such separate Provinces as aforesaid; and thirdly, for determining the extent of the jurisdiction and the course and manner of proceeding of such General Court of Appeal; and fourthly, for regulating the current coin of the said 20 Islands, or the issue therein of any bills, notes or other paper currency; and fifthly, for determining the weights and measures to be used therein; and sixthly, for regulating the post-offices within and the carriage of letters between different parts of the said Islands; and seventhly, for establishing general laws of Bankruptcy and Insolvency, 25 to be in force throughout the same; and eighthly, for the erection and maintenance of beacons and light-houses on the coasts of the said Islands; and ninthly, for the imposition of any dues or other charges on shipping at any port or harbour within the same. And be it Enacted, That the laws so to be enacted as aforesaid for 30 any of the purposes aforesaid, by the said General Assembly of the New Zealand Islands, shall control and supersede therein any laws, statutes or ordinances in anywise repugnant thereto, which may be enacted by the Assemblies of any such separate Provinces as aforesaid; and that if any questions shall arise regarding the limits of the 35 authority and jurisdiction of the said General Assembly of the New Zealand Islands, and the authority and jurisdiction of the said other Assemblies, all Courts, Officers of Justice and others shall conform and give effect to the decision of the said General Assembly of the New Zealand Islands on any such question, until Her Majesty's 40 decision thereupon shall have been made known and promulgated within the said Islands; by which decision any such questions as aforesaid shall thenceforward be determined within the same. AND AND whereas the immediate or early establishment of any Assembly within certain parts of the Island of New Ulster may be inexpedient by reason of the unsettled state of the native inhabitants thereof; BE it therefore Enacted, That it shall be lawful for Her 5 Majesty, by any such Letters Patent as aforesaid, to maintain in force within such parts of the said Island of New Ulster as to Her Majesty shall seem meet, until any period not later than the Thirty-first day of December One thousand eight hundred and Fifty-four the said Charter or Letters Patent of the Sixteenth day of November in 10 the fourth year of Her Majesty's reign, and the Legislature constituted under the said Letters Patent, and so long as such last-mentioned Legislature shall be so maintained, the said General Assembly of the New Zealand Islands shall be composed in the manner and shail exercise the powers hereinbefore mentioned, save only that such and 15 so many members of the Legislature of such parts as aforesaid of the said Island of New Ulster as Her Majesty shall for that purpose be pleased to appoint, shall in virtue of such an appointment be Members of the House of Representatives of the said General Assembly of the New Zealand Islands. 20 AND whereas it may be expedient that the laws, customs and usages of the aboriginal or native inhabitants of New Zealand, so far as they are not repugnant to the general principles of humanity, should be maintained for the government of themselves in all their relations to and dealings with each other, and that particular districts 25 should be set apart within which such laws, customs or usages should be so observed; BE it Enacted, That it shall be lawful for Her Majesty, by any such Letters Patent as aforesaid, to make provision for the purposes aforesaid; any repugnancy of any such native laws, customs or usages to the Law of England, or to any law, statute or usage in 30 force in the said Islands of New Zealand, or in any part thereof, in anywise notwithstanding. And be it Enacted, That it shall be lawful for Her Majesty, by any such Letters Patents aforesaid, to make and prescribe all such rules as to Her Majesty shall seem fit for determining the extent and 35 boundaries of the districts to be comprised within any such Municipal Corporations as aforesaid, and for regulating the choice and election of the various officers of any such Corporations, and of the members of the governing bodies thereof, and for ascertaining the qualifications of the members of any such Municipal Corporations or Assemblies 40 or General Assembly as aforesaid, and for determining the length of time for which every such Assembly or General Assembly shall be holden from the time of the election of the Members of the said Houses of Representatives, and how and by what authority the same 623. shall A 3 9. Representatives for New Ulster. 10. For pre serving Laws of Aboriginal Inhabitants. 11. Regulations for Municipal Districts. |