✨ Text of Legislation




THE NEW ZEALAND GAZETTE. 323

amend an Act for granting a Representative
Constitution to the Colony of New Zealand,"
it was enacted that the Sixty-ninth Section
of the said first recited Act should be repealed,
and that it should be lawful for the said
General Assembly to alter, suspend, or repeal
all or any of the Provisions of the said Act,
except certain Sections therein specified: And
whereas the said General Assembly, by an
Act passed in a Session holden in the Twenty-
first and Twenty-second Years of Her Majesty,
intituled "An Act to provide for the Estab-
lishment of New Provinces in New Zealand,"
or, more shortly, "The New Provinces Act,
1858," did authorize the Governor of the said
Colony to establish such new Provinces in
manner therein mentioned, and the said Go-
vernor did establish certain new Provinces
accordingly: And whereas Doubts are enter-
tained whether it was competent to the said
General Assembly to make such Provision
and to the said Governor to establish such
new Provinces as aforesaid: And whereas,
for the removing of such Doubts, an Act was
passed in the now last Session of Parliament,
intituled "An Act to declare the Validity of
an Act passed by the General Assembly of
New Zealand, intituled 'An Act to provide
for the Establishment of New Provinces in
New Zealand:' And whereas it is expedient
to repeal the said last mentioned Act of Par-
liament, and to make fresh Provision respecting
the Establishment of new Provinces in New
Zealand: Be it therefore enacted by the
Queen's most Excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present
Parliament assembled, and by the Authority
of the same as follows:

  1. The said last mentioned Act of Parlia-
    ment shall be and the same is hereby repealed.

  2. The said "New Provinces Act, 1858,"
    (except so far as the same shall have been
    altered by any Act subsequently passed by
    the said General Assembly), shall be and be
    deemed to have been from the Date of the
    passing thereof valid and effectual for all
    Purposes whatever, and all Matters and Things
    done under and in pursuance of Authority
    created or given or expressed to be created or
    given by the same Act shall be deemed to
    have been of the same Force and Effect as if
    the said Act and everything therein contained
    had from the above mentioned Date been
    actually so valid as aforesaid.

  3. Subject to the Conditions hereinafter
    mentioned, it shall be lawful for the said
    General Assembly, by any Act or Acts to be
    by them from Time to Time passed, to establish
    or provide for the Establishment of new Provin-
    ces in the Colony of New Zealand, and to alter or
    to provide for the Alteration of the Boundaries
    of any Provinces for the Time being existing
    in the said Colony, and to make Provision for
    the Administration of any such Provinces, and
    for the passing of Laws for the Peace, Order,
    and good Government thereof, and therein to
    repeal or alter any of the Provisions of the
    Two first hereinbefore recited Acts of Parlia-
    ment relating to such Provinces, or to the
    Superintendents and Provincial Councils
    thereof.

  4. It shall not be lawful for the General
    Assembly to make any Law inconsistent with
    the following Provisions; that is to say,
    (1.) In every Province of New Zealand
    there shall be an Officer designated
    the Superintendent, who, unless any
    Provision shall be made to the con-
    trary in any Act of the General As-
    sembly, shall be capable of being
    elected and acting as a Member of the
    Council of the same Province:

(2.) No Provincial Law shall take effect
until it shall have received the Assent
in Writing either of the said Super-
intendent or of the Governor of New
Zealand:

(3.) In giving or refusing his Assent to
any Provincial Law, or in reserving
the same for the Signification of the
Governor's Pleasure, the Superinten-
dent shall conform to such Instructions
in Writing as he may from Time to
Time receive from the Governor:

(4.) In case the Superintendent shall assent
to any Provincial Law he shall forth-
with transmit to the Governor an
authentic Copy thereof:

(5.) It shall be lawful for the Governor at
any Time after the Date of such
Assent, and until the Expiration of
Three Months after such authentic
Copy of any Provincial Law shall have
been received by him, to declare by
Proclamation his Disallowance of such
Law, and such Disallowance shall
make void and annul the same from
and after the Day of the Date of such
Proclamation or any subsequent Day
to be named therein:

(6.) It shall not be lawful for the Council
or other Legislative Body of any
Province to pass, or for the Superin-
tendent or Governor to assent to, any
Bill appropriating any Money to the
Public Service, unless the Superin-
tendent or Governor shall first have
recommended to the Council to make
Provision for the specific Service to
which such Money is to be appro-
priated, and no such Money shall be
issued or made issuable except by
Warrants to be granted by the Super-
intendent or Governor:

(7.) It shall not be lawful for any such
Council or other Body as aforesaid to
pass, and for the said Superintendent
or Governor to assent to, any Law
which shall be repugnant to the Law
of England or to any Enactment of
the said General Assembly.

  1. It shall not be competent to the Go-
    vernor of New Zealand to assent to any Bill
    passed by the Legislature of New Zealand
    which shall repeal or alter any of the Provi-


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1862, No 38





✨ LLM interpretation of page content

πŸ›οΈ Preamble to Act granting Representative Constitution to New Zealand (continued from previous page)

πŸ›οΈ Governance & Central Administration
Act of Parliament, Provincial Council, General Assembly, Constitutional Act