✨ Gold Fields Act Delegation




211

John Hyde Harris, Esqre.,

As Superintendent of the Province of Otago,
all the powers vested in me under or by
virtue of the "Gold Fields Act, 1858," except
the powers constituted by sections twenty-
six, twenty-seven, and twenty-eight of the said
Act, to John Hyde Harris, of the City of Dun-
edin, in the said Province, Esquire, so long
as he shall continue and remain Superin-
tendent of the said Province and no
longer.

Given under my hand, at New
Plymouth, and issued under
The Seal of the Colony of
New Zealand this ninth day
of May, in the year of
our Lord one thousand eight-
hundred and fifty-eight.

By His Excellency's command,

G. Grey.

Alfred Domett,
Colonial Secretary.


ORDER IN COUNCIL.

(Extract.) To the Superintendent of
Otago certain powers under the "Gold
Fields Act, 1858."

By His Excellency Sir George Grey, Knight
Commander of the Most Honourable Order
of the Bath, Governor and Commander-in-
Chief in and over Her Majesty's Colony
of New Zealand, and its Dependencies, and Vice-
Admiral of the same, &c.

WHEREAS by the fifteenth section of
the "Gold Fields Act, 1858," it
was enacted that it should be lawful for the
Governor, by Order in Council, from time
to time to constitute, for any Gold Field,
as for any part thereof, Wardens' Courts,
and to appoint Wardens as Judges of such
Courts, with power to act alone, or with
Assessors, or Jurors, and in such manner
and to exercise all or any of the powers
in the said Act mentioned, and the Duties
in such Order mentioned to be exercised or
performed, and it should be lawful for the Governor in
Council under his hand and the Public
Seal of the Colony, from time to time to
delegate to the Superintendent of any
Province, or to such other person as he
might think fit, the whole or any part of the
powers vested in him by the said fifteenth section, subject or not
to any limitations or restrictions as he may
think fit.

And by the twenty-seventh section of
the same Act, it was enacted that it should
be lawful for the Governor in Council,
from time to time to make, alter, and re-
voke Rules regulating the Procedure and
Practice in the Courts to be established
under the said Act, and in cases of appeal
theoreto, and also to fix "the fees to be
taken in respect of proceedings therein."

Now His Excellency the Governor both
by this Instrument, under his hand and
under the Public Seal of the Colony and with
the advice and consent of his Executive
Council delegate toβ€”

John Hyde Harris, Esquire,
Superintendent of the Province of Otago,
so far as he shall continue Superintendent
of such Province, but no longer, the
powers contained in the said fifteenth sec-
tion of the said recited Act subject to the
Regulations first hereunder written.

And His Excellency the Governor doth,
by this Order in Council, make the Regu-
lations secondly hereunder written for
the Practice and Procedure of W arden's
Courts of Gold Fields established and here-
after to be established under the said Act.

Regulations firstly before referred to.

All acts and appointments done and
made by the said Superintendent under
the foregoing delegation shall be pro-
visional, until the same shall have been con-
firmed and allowed by the Governor, and
the Governor shall have power to disallow
the same.

The Superintendent shall report, without
delay, to the Governor all such acts and
appointments.

The Superintendent shall, before the
Provincial Council of the said Province
every such act and appointment at the
Session of the said Council next following.

The Provincial Council of the said Pro-
vince may, through their Executive Commit-
tee, report to the Governor any resolution respecting
any such act or appointment.

Regulations secondly before referred to.

The Practice, Precedents and Fees of
the said Wardens' Courts, and in cases of
appeal from such Courts, shall be as nearly
as may be the same as the Practice, Pre-
cedents and Fees in the Resident Magistrates'
Courts in the Colony of New Zealand,
and until Council or delegates from such
Courts.


Government Notice.

Plymouth, and issued under the
Seal of the Colony of New
Zealand, the ninth day of our
government, the twenty-third day of March,
in the year of our Lord one thousand eight-
hundred and fifty-eight.

With the advice and consent of his
Executive Council.

Alfred Domett.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1863, No 247





✨ LLM interpretation of page content

πŸ›οΈ Delegation of Governor's Powers under the Gold Fields Act

πŸ›οΈ Governance & Central Administration
9 May 1858
Delegation of Powers, Gold Fields Act, Otago Superintendent, Sir George Grey
  • John Hyde Harris (Esquire), Delegated powers under Gold Fields Act

  • Sir George Grey, Governor
  • Alfred Domett, Colonial Secretary

πŸ›οΈ Order in Council for Gold Fields Act Delegation

πŸ›οΈ Governance & Central Administration
Order in Council, Gold Fields Act, Wardens' Courts, Delegation of Powers
  • John Hyde Harris (Esquire), Delegated powers to establish Wardens' Courts

  • Sir George Grey, Governor

πŸ›οΈ Government Notice

πŸ›οΈ Governance & Central Administration
23 March 1858
Government Notice, Executive Council
  • Alfred Domett