✨ Legal Proclamation Text




THE NEW ZEALAND GAZETTE.

February, 1878, as provided in clause 3 of the said
Order. A copy of the Order in Council can be seen
at this office.

G. S. WHITMORE.

At the Court at Osborne House, Isle of Wight, the
13th day of August, 1877.
Present:

(L.S.) THE QUEEN'S MOST EXCELLENT MAJESTY IN
COUNCIL.

WHEREAS Her Majesty the Queen has power and
jurisdiction within some islands and places in the
Western Pacific Ocean, particularly described in this
order, and therein collectively referred to as the
Western Pacific Islands, the same not being within
Her Majesty's Dominions, and not being within the
jurisdiction of any civilized Power:

Now, therefore, Her Majesty, by virtue and in
exercise of the powers in this behalf by the Pacific
Islanders Protection Acts 1872 and 1875, and by
the Foreign Jurisdiction Acts 1843 to 1875, or other-
wise, in Her Majesty vested, is pleased, by and with
the advice of Her Privy Council, to order, and it is
hereby ordered as follows:-

  1. This order shall, except as otherwise expressed,
    commence and have effect on a day fixed by Pro-
    clamation under the hand of the Governor of Fiji, or
    of the Officer for the time being Administering the
    Government of Fiji, and published in the Royal
    Gazette of Fiji.

PART II.-EXTENT AND APPLICATION OF ORDER.
Description of Western Pacific.

  1. The islands and places in the Western Pacific
    Ocean to which this order extends and applies,
    and which are in this order collectively referred to
    as the Western Pacific Islands, are the following,
    namely:-

(1.) The groups of islands known as the Friendly
Islands, the Navigators' Islands, the Union Islands,
the Phenix Islands, the Ellice Islands, the Gilbert
Islands, the Marshall Islands or Archipelago, the
Caroline Islands, the Solomon Islands, the Santa
Cruz Islands.
(2.) The Island of Rotumah.
(3.) The part of the Island of New Guinea east-
ward of the 143rd meridian of longitude.
(4.) The Islands or Archipelago of New Britain
and New Ireland.
(5.) The Louisiade Archipelago.
(6.) All other islands in the Western Pacific Ocean
not being within the limits of the Colonies of Fiji,
Queensland, and New South Wales, and not being
within the jurisdiction of any civilized Power.
(7.) The waters within three miles of every island
or place aforesaid.

Application of Order.

  1. This order applies to–
    (1.) All British subjects for the time being within
    the Western Pacific Islands, whether resident there
    or not.
    (2.) All British vessels for the time being within
    the waters mentioned in article 5 of this order.
    (3.) Foreigners, in the cases and according to the
    conditions in this order specified, but not otherwise.

PART III.-HIGH COMMISSIONER: COURT.
High Commissioner.

  1. There is hereby created and constituted, from
    the date of this order, the office of High Commis-
    sioner in, over, and for the Western Pacific Islands;
    and the person for the time being filling that office
    shall be styled Her Britannic Majesty's High Com-
    missioner for the Western Pacific (and is in this
    order referred to as the High Commissioner).

593

  1. The High Commissioner shall have an official
    seal bearing the style of his office, and such device as
    the Secretary of State from time to time approves.

Judicial Commissioners.

  1. The Chief Justice of Fiji, and every other
    Judge for the time being of the Supreme Court,
    shall be, by virtue of his office, a Judicial Com-
    missioner for the Western Pacific (and is in this
    order referred to as a Judicial Commissioner).

(2.) Where, in the opinion of the High Com-
missioner, the attendance of the Chief Justice, or of
another Judge of the Supreme Court, to discharge
the duty of a Judicial Commissioner is impracticable
or would be inconvenient, then, and in every such
case, from time to time, the High Commissioner may,
in the name and on behalf of Her Majesty, by
writing under his hand and official seal, appoint a
person of legal knowledge and experience to be a
Judicial Commissioner for the Western Pacific, for
particular purposes or for a particular time, as to the
High Commissioner in each case appears expedient
(and every person so appointed is in this order re-
ferred to as a Judicial Commissioner).

(3.) Each Judicial Commissioner shall, for the
purposes of so much of section 6 of the Pacific
Islanders Protection Act of 1875 as relates to
Deputy Commissioners, be deemed to be and shall,
by virtue of this order, be a Deputy Commissioner
duly appointed and empowered under the provisions
of this order, and acting under the directions of the
High Commissioner.

(4.) A Judicial Commissioner shall not be deemed
to be a Deputy Commissioner within any other
article of this order.

High Commissioner's Court.

  1. There shall be a Court styled Her Britannic
    Majesty's High Commissioner's Court for the
    Western Pacific (in this order referred to as the
    High Commissioner's Court).

  2. The members of the High Commissioner's
    Court shall be the High Commissioner, the Judicial
    Commissioners, and the Deputy Commissioners.

Jurisdiction.

  1. All Her Majesty's jurisdiction exerciseable in
    the Western Pacific Islands in criminal and civil
    matters shall, subject and according to the provisions
    of this order, be vested in and exercised by the High
    Commissioner's Court.

  2. The whole jurisdiction and authority of the
    High Commissioner's Court may, subject and accord-
    ing to the provisions of this order, be exercised by
    the High Commissioner or by a Judicial Com-
    missioner, while he (the High Commissioner or
    Judicial Commissioner) is either in the Western
    Pacific Islands or in Fiji.

  3. The whole or any part of the jurisdiction and
    authority of the High Commissioner's Court for or
    in respect of any district or part of the Western
    Pacific Islands may, subject and according to the
    provisions of this order, be exercised by a Deputy
    Commissioner, being authorized by the terms of his
    appointment to act for and in respect of that district
    or part, and being within that "district or part."
    (2.) The term "the district" "or the particular
    district" in this order means the particular district
    or part for and in respect of which a Deputy Com-
    missioner is so authorized to act, and in which the
    proceeding in question is pending or is intended to
    be taken.

  4. Each member of the High Commissioner's
    Court exercising for the time being the jurisdiction
    and authority thereof in conformity with this order,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1879, No 48





✨ LLM interpretation of page content

🌏 Text of Western Pacific Order in Council establishing High Commissioner's Court (continued from previous page)

🌏 External Affairs & Territories
13 August 1877
Order in Council, Western Pacific Islands, High Commissioner's Court, Jurisdiction, British subjects, Fiji
  • G. S. Whitmore