Provincial Government Notices




half of the Governor to an Act authorising the raising of a Loan to any amount they might please, is not and cannot be disputed. If indeed doubts on this point had previously existed in the minds of any, they must have been entirely removed by the circular notice recently issued to Superintendents, directing them to reserve to Journals for the Governor’s assent; for the notice is a distinct declaration on the part of the General Government that Loan Bills passed prior to its being issued, did not in any way require the Governor’s assent or sanction.

What then is the effect of the disallowance by the Governor of an Act of the Provincial Council? The Constitution Act is clear and explicit on this point. After declaring in the 29th section that “it shall be lawful for the Governor at any time within three months after any Bill shall have been received by him, to declare by proclamation his disallowance of such Bill”; it adds—“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 therewith.” In other words—it declares that the disallowance of any such Ordinance shall not have any retrospective operation, and shall not render invalid or void any act done under the authority, or in pursuance of any such Ordinance, before the date of the Proclamation of its disallowance.

In the present case the facts are briefly these:—The Loan Act was passed on the 20th February, and the Colonial Secretary’s Despatch signifying the Governor’s disallowance is dated the 11th of April; but the £25,000 had been raised, and placed at the disposal of the Provincial Government in March. The Act had, as far as raising the £25,000, been carried out and completed nearly a month before His Excellency disallowed it. The disallowance therefore not having any retrospective operation—not rendering invalid or void any Act done under the authority or in pursuance of the Loan Act, prior to the date of such disallowance—this Loan, as the Loan is concerned a mere nullity, and might just as well not have been issued.

And I am happy to say that it is equally void and inoperative as far as regards the appropriations specified in the Loan Act, for a Light House, and for the Wanganui and Waiohini Bridges; for the same appropriations are contained in the Appropriation Act, which has not been disallowed.

As the Governor’s disallowance therefore neither invalidates the Loan, nor in the slightest degree impairs the credit of the Province, or the engagements it has contracted, it is not necessary that you should take any legislative action in the matter.

With regard to the Light House—I may state that it has been ordered—that it will probably be landed here in the course of the next six months, and that no time shall be lost in erecting it.

Permit me, in conclusion, to tender my sincere congratulations that the attempt made to prevent the erection of a great public work, which, with the prospect of Steam Communication being established with England, has become more than ever necessary, and to arrest the progress of the other internal improvements at present being carried on in this Province, has been so entirely defeated.

I. E. FEATHERSTON,
Superintendent.

Provincial Secretary’s Office,
Wellington, June 4th, 1857.

HIS HONOR the Superintendent has been pleased to appoint

CAPTAIN WILLIAM LESLIE,

to be Harbour Master and Outward Pilot for the Port of Wellington.

The Appointment to take place from this day.

By His Honor’s Command,

WILLIAM FITZHERBERT,
Provincial Secretary.

Provincial Secretary’s Office,
Wellington, 5th June, 1857.

HIS HONOR the Superintendent directs it to be notified for general information, that Writs for the Election of Two Members to serve in the Provincial Council, for the City of Wellington, having been issued in accordance with clause 12 of “An Act to grant a Representative Constitution to the Colony of New Zealand,” The Returning Officer has returned the said Writs, with a Certificate that the undermentioned gentlemen have been duly elected to serve as members of the said Provincial Council for the said City of Wellington.

WILLIAM LYON of Wellington, Merchant, and,

JOSEPH GODFREY HOLDSWORTH, of Wellington, Manufacturer.

By His Honor’s Command,

WILLIAM FITZHERBERT,
Provincial Secretary.



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Online Sources for this page:

VUW Te Waharoa PDF Wellington Provincial Gazette 1857, No 11





✨ LLM interpretation of page content

🏛️ Speech of His Honor the Superintendent of Wellington (continued from previous page)

🏛️ Governance & Central Administration
4 June 1857
Provincial Council, Loan Act, Appropriation Act, Light House, Wanganui Bridge, Waiohini Bridge
  • I. E. Featherston, Superintendent

🏘️ Appointment of Harbour Master and Outward Pilot

🏘️ Provincial & Local Government
5 June 1857
Harbour Master, Pilot, Port of Wellington
  • William Leslie (Captain), Appointed Harbour Master and Outward Pilot

  • I. E. Featherston, Superintendent
  • William Fitzherbert, Provincial Secretary

🏛️ Election Results for Provincial Council Members

🏛️ Governance & Central Administration
5 June 1857
Provincial Council, Election, Wellington City
  • William Lyon, Elected as member of Provincial Council
  • Joseph Godfrey Holdsworth, Elected as member of Provincial Council

  • I. E. Featherston, Superintendent
  • William Fitzherbert, Provincial Secretary