β¨ Provincial Council Opening Address
principles which being thus already
established, may possibly in future
Parliaments be extended with very
mischievous results.
I here allude to the "Waste Lands"
Act" and the "New Provinces Act."
The latter statute in its immediate
operation is not much calculated to
affect Canterbury, and so far as this
Province is concerned, is only to be
regretted as disclosing an animus
towards Provincial institutions gene-
rally, foreshadowing the serious im-
pairment of their legislative functions
and a consequent distuction of their
usefulness as local governing powers.
The Waste Lands" Act, however cogent
may have been the alleged necessity for
its enactment, seems to have been con-
ceived in a similar spirit to that which
originated the New Provinces Bill.
By the Waste Lands' Act of 1858, the
Provinces are all but precluded from
further legislation affecting the lands;
thus, for the present, is annulled a
power, which, if wisely exercised, might
have wrought incalculable advantage to
each individual Province without in the
remotest degree impairing the general
integrity of the colony.
With the exception of the two mea-
sures to which I have alluded, the ten-
dency of the legislation of the past ses-
sion of the General Assembly appears
to be eminently beneficial to the
colony.
Provincial powers have in some in-
stances been taken over to the General
Government with great propriety, it
being evident that uniformity of Go-
vernment throughout the Colony is
desirable in all those affairs wherein one
consistent system of laws may be con-
veniently adapted for universal appli-
cation.
But, on the other hand, when local
peculiarities and requirements of widely
varying characters exist, it would seem
equally desirable and rational that they
should be provided for by substantive
enactments in respect of each distinct
case. And further, that in every instance
purely local requirements would be best
served by a Local Government. Un-
doubtedly the Imperial Parliament,
when framing the Constitution Act,
acknowledged this position; hence grew
the power of local self-government for
the Provinces.
A combination of circumstances
having for some years past rendered a
general community of interest in the
Waste Lands comprised within the
limits of the several Provinces a condi-
tion impossible, it was consequently
found impracticable to administer those
lands under one uniform principle. A
distinct system especially suited to the
exigencies of each Province was found
to be unavoidably necessary, and there-
fore adopting this conclusion, the Ge-
neral Assembly, of New Zealand by its
Waste Lands Act of 1854, virtually en-
larged the powers of the Constitution
Act in favor of the provinces by enabling
them individually to suggest to the
General Government the scheme of ad-
ministration most in accordance with
the particular condition of each.
Provincial legislation in the matter
of the Waste Lands has been (in this
province) sufficiently tested to convince
the Colony of its usefulness, and of the
impossibility of displacing it by any
other system with equal advantage to
the country. In this view of the case I
confidently anticipate, that the difficul-
ty out of which arose the Waste Lands'
Act of 1858 will, in the next session of
the General Assembly be obviated by
a new process, and that Canterbury, in
common with the other Provinces, may
have restored to her the full power to
regulate the administration of her lands
by local ordinance.
I would here remark that although
the Waste Lands' Act nominally tranfers
the lands to the General Government,
yet by adopting the whole, of the Pro-
vincial Legislation of Canterbury in
reference thereto, it leaves the system
of administration hitherto in operation
within this Province substantially un-
altered.
The General Legislature having
added to our Colonial Code a great
number of statutes calculated for gene-
ral operation throughout the colony,
but little law-making remains for the
Provincial parliaments, thus leaving to
your nearly undivided consideration
the method in which shall be employed
the very considerable revenue now at
the disposal of the Province, a revenue
raised by a process which happily ex-
empts the population of this favored
country from the pressure of direct
taxation.
I have taken proper measures to se-
cure for your guidance all necessary
information on the various matters that
will be submitted for your deliberation.
Next Page →
β¨ LLM interpretation of page content
ποΈ
Opening Address to the Provincial Council
(continued from previous page)
ποΈ Provincial & Local Government1 October 1858
Provincial Council, Tenth Session, Provincial Legislature, Canterbury, Superintendent, Local Self Government, Waste Lands Act, New Provinces Act
Canterbury Provincial Gazette 1858, No 20