β¨ Text of Ordinance
- Power to Search.
- Reward for activity in procuring Convictions.
- Interpretation Clause.
"An Ordinance to empower the Governor of New Zealand
to regulate the Importation dad Sale of Arms. Gun-
powder, ond other warlike Stores."
Preamble.
WHEREAS certain Tribes of the Native Race
of New Zealand have taken up Arms against
the Queen's Sovereign authority: - And
whereas for the purpose of effectually sub-
duing the present Insurrection, and of pre-
venting the recurrence of an armed resistance
to the authority of Her Majesty, and of se-
curing the peace and good order of the Co-
lony, it is expedient that restrictions should
on fitting occasions be placed on the Importa-
tion and Sale of Arms, Gunpowder, and
other Warlike Stores, within the same. Be
it therefore enacted by the Lieutenant Go-
vernor of New Zealand, with the advice and
consent of the Legislative Council thereof,
as follows: (that is to say)-
Power to Governor to prohibit the Importation of
Arms, &c.
- It shall be lawful for his Excellency
the Governor from time to time, as to
him shall seem meet by Proclamation,
to prohibit throughout the Colony, or
within any District thereof, (to be in such
Proclamation defined), the Importation or
Sale, or both the Importation and Sale, of
Arms, Gunpowder, and other Warlike
Stores.
And to regulate the Sale thereof
2. It shall also be lawful for his Excellency
the Governor from time to time, as to him
shall seem meet by Proclamation, to make
provision for regulating and restricting
throughout the colony, or within any dis-
trict thereof, (to be in such Proclamation
defined), the Importation or Sale, or both
the Importation and Sale, of Arms, Gun-
powder, and other warlike stores.
Penalty on Importer.
3. Every person who shall import, or bring
into the Colony, any Arms, Gunpowder, or
other warlike stores, (whether the owner
thereof or not), and who shall wilfully and
knowingly, and contrary to the provisions of
any such Proclamation, as aforesaid, land, or
dispose of, or cause or permit to be landed,
or otherwise disposed of, such Arms, Gun-
powder, or other warlike stores, or any part
thereof, shall for every such offence forfeit
and pay any sum not exceeding Β£500, to be
recovered in a summary way. And any
Arms, Gunpowder, or other warlike stores,
which shall have been imported and landed,
or otherwise disposed of, contrary to the pro-
visions of any such Proclamation as aforesaid,
shall be forfeited to her Majesty, and may
be seized by any Justice of the Peace, or
Peace Officer, or by any Officer of Her Ma-
jesty's Customs, or by any person duly au-
thorised and appointed in writing by his
Excellency the Governor.
Penalty on Master of Vessel.
Vessel, &c., to be forfeited.
4. The Master or Person commanding the
Ship or Vessel in which such Arms, Gun-
powder, or other warlike stores shall have
been imported, if he shall wilfully and know-
ingly, and contrary to the provisions of any
such Proclamation as aforesaid, land, or dis-
pose of, or cause or permit to be landed, or
otherwise disposed of, such Arms, Gunpow-
der, and other warlike stores, or any part
thereof, shall also, for every such offence,
forfeit and pay any sum not exceeding Β£500,
to be recovered in a summary way. And
upon the conviction of any such Master
or Person, such Ship or Vessel, with all her
furniture and apparel, shall be forfeited to
Her Majesty, and may be seized by any Jus-
tice of the Peace, or Peace Officer, or by any
Officer of Her Majesty's Customs, or by any
person duly authorised aud appointed by his
Excellency the Governor.
Penalty for unlawfully selling Arms, &c.
Arms, &c., to be forfeited.
5. Every person who shall wilfully and
knowingly, and contrary to the provisions of
any such Proclamation as aforesaid, sell, or
dispose of any Arms, Gunpowder, or other
warlike stores, shall for every such offence
forfeit and pay any sum not exceeding $500,
to be recovered in a summary way; and all
Arms, Gunpowder, and other warlike stores,
so unlawfully sold or disposed of, shall be
forfeited to her Majesty, and may be seized
in manner hereinbefore provided.
Power to search.
6. It shall be lawful for any Justice of the
Peace, to enter and search, or to grant a war-
rant to any person or persons to enter and
search any House, Place, Ship, or Vessel,
where such Justice shall, from information on
oath, have reasonable grounds to suspect any
Arms, Gunpowder, or other warlike stores, to
be deposited for any purpose contrary to this
Ordinance.
Reward for activity in procuring Convictions.
7. In case of any Conviction under the
provisions of this Ordinance, where any per-
son or persons shall appear to have been active
in, de towards, the procuring of any such
conviction, it shall be lawful for his Excel-
lency the Governor to award to such person
or persons such portion of the penalty reco-
vered upon such conviction, but not exceeding
in the whole one half thereof, as to him shall
seem meet.
Interpretation Clause.
For the purposes of this Ordinance, the
word "Governor" shall be taken to include
the "Lieutenant Governor," or "the Officer
Administering the Government" of the Co-
lony for the time being, and the word
"Vessel)," shall be taken to include any "Boat,
Barge, Punt, or Canoe." GEORGE GREY,
Lieutenant Governor.
Passed the Legislative Council, this
thirteenth day of December, 1845.
J. COATES,
Clerk of Council.
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β¨ LLM interpretation of page content
ποΈ
Continuation of Ordinance regulating Importation and Sale of Arms and Warlike Stores
(continued from previous page)
ποΈ Governance & Central Administration13 December 1845
Ordinance, Arms regulation, Warlike Stores, Governor's power, Penalties, Search, Legislative Council
- George Grey, Lieutenant Governor
- J. Coates, Clerk of Council
NZ Gazette 1855, No 1