New Zealand Constitution Act 1852

Cited as:1852 c. 72
Jurisdiction:UK Non-devolved
Anno Regni VICTORI, Britanniarum Regin,Decimo Quinto & Decimo Sexto. An Act to grant a Representative Constitution to the Colony ofNew Zealand .

(15 & 16 Vict.) C A P. LXXII.

[30th June 1852]

'WHEREAS by an Act of the Session holden in the Third and Fourth Years of Her Majesty, Chapter Sixty-two, it was enacted, that it should be lawful for Her Majesty, by Letters Patent, to be from Time to Time issued under the Great Seal of the United Kingdom, to erect into a separate Colony or Colonies any Islands which then were or which thereafter might be comprised within and be Dependencies of the Colony ofNew South Wales : And whereas, in pursuance of the Powers in Her vested by the said Act, Her Majesty did, by certain Letters Patent under the Great Seal of the United Kingdom, bearing Date the Sixteenth Day of November in the Fourth Year of Her Reign, erect into a separate Colony the Islands of New Zealand , theretofore comprised within or Dependencies of the Colony of New South Wales , bounded as therein described, and the said Islands of New Zealand were thereby erected into a separate Colony accordingly; and Her Majesty did by the said Letters Patent authorize the Governor for the Time being of the said Colony of New Zealand and certain other Persons to be a Legislative Council for such Colony, and to make Laws for the Peace, Order, and good Government thereof: And whereas by an Act of the Session holden in the Ninth and Tenth Yearsof Her Majesty, Chapter One hundred and three, the Act firstly herein recited, and all Charters, Letters Patent, Instructions, and Orders in Council made and issued in pursuance thereof, were repealed, abrogated, and annulled, so far as the same were repugnant to the Act now in recital, or any Letters Patent, Charters, Orders in Council, or Royal Instructions to be issued under the Authority thereof; and by the Act now in recital certain Powers for the Government of the said Islands were vested in Her Majesty, to be executed by Letters Patent under the Great Seal of the United Kingdom, or by Instructions under Her Majesty's Signet and Sign Manual, approved in Her Privy Council, and accompanying or referred to in such Letters Patent: And whereas, in pursuance of the said last-mentioned Act, Her Majesty did, by Letters Patent bearing Date atWestminster the Twenty-third Day of December in the Tenth Year of Her Reign, and by certain Instructions made and approved as required by such Act, and bearing even Date with and accompanying the said Letters Patent, execute certain of the Powers by such Act vested in Her Majesty for the better Government of the said Islands: Andwhereas by an Act of the Session holden in the Eleventh and Twelfth Years of Her Majesty, Chapter Five, so much of the said Act secondly herein recited, and the said Letters Patent and Instructions issued in pursuance thereof, as relates to the Constitution and Establishment of Two or more separate Assemblies within the said Islands, and of a General Assembly in and for the said Islands, was suspended for Five Years, unless Her Majesty, with the Advice of Her Privy Council, should direct the same to be carried into effect before the Expiration of that Period; and by the Act now in recital the said firstly-recited Act, Letters Patent, and Instructions were revived for the Time during which the said secondly-recited Act, Letters Patent, and Instructions were suspended as aforesaid; and by the Act now in recital certain Powers were vested respectively in the Governor-in-Chief of the said Islands and in such Governor and the Legislative Council thereof: And whereas it is expedient that further and better Provision should be made for the Government ofNew 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

S-I Repeal of recited Acts, &c.

I Repeal of recited Acts, &c.

I. The said Acts, and all Charters, Letters Patent, Instructions, and Orders in Council issued in pursuance thereof, shall be and the same are hereby repealed, so far as the same are repugnant to or would prevent or interfere with the Operation of this Act, or any Letters Patent or Instructions to be issued under the Authority or in pursuance of this Act: Provided nevertheless, that all Laws and Ordinancesmade and Acts done under and in pursuance of the said recited Acts, and any Charters, Letters Patent, Instructions, or Orders in Council issued in pursuance thereof, shall continue as lawful, valid, andeffectual as if this Act had not been passed, save so far as any such Laws, Ordinances, or Acts may be repugnant to or would prevent or interfere with the Operation of this Act: Provided also, that, until the Expiration of the Time or latest of the Times appointed for the Return of Writs for the First Election of Members of the Provincial Councils of the Provinces established by this Act, the existing Provincial Legislative Councils shall continue to have and exercise all Rights, Jurisdiction, Powers, and Authorities which they would have had if this Act had not been passed; and until the Expiration of the Time appointed for the Return of the Writs for the First Election of the Members of the House of Representatives to be constituted under this Act, the Legislative Council ofNew Zealand shall continue to have and exercise all Rights, Jurisdiction, Powers, and Authorities which such Legislative Council would have had if this Act had not been passed.

S-II Certain Provinces established in New Zealand.

II Certain Provinces established in New Zealand.

II. The following Provinces are hereby established inNew Zealand ; namely, Auckland, New Plymouth, Wellington, Nelson, Canterbury , and Otago ; and the Limits of such several Provinces shall be fixed by Proclamation by the Governor as soon as conveniently may be after the Proclamation of this Act in New Zealand .

S-III Each Province to have a Superintendent and Provincial Council.

III Each Province to have a Superintendent and Provincial Council.

III. For each of the said Provinces hereby established, and for every Province hereafter to be established as herein-after provided, there shall be a Superintendent and a Provincial Council, and the Provincial Council of each of the said Provinces hereby established shall consist of such Number of Members, not less than Nine, as the Governor shall by Proclamation direct and appoint.

S-IV Before Elections of Members of Provincial Councils, Superintendents of Provinces to be chosen.

IV Before Elections of Members of Provincial Councils, Superintendents of Provinces to be chosen.

IV. Upon or before the Issue of Writs for the First Election of Members of the Provincial Council for any Province established by or under this Act, the Persons duly qualified in each of the said Provinces to elect Members for the Provincial Councils as herein-after mentioned shall elect a Superintendent of such Province; and on the Termination of such Council by Expiration of the Period herein-after fixed for its Continuance, or by the previous Dissolution thereof, the Persons qualified as aforesaid shall elect the same or some other Person to be Superintendent, and so on from Time to Time; and every such Superintendent shall hold his Office until the Election of his Successor: Provided always, that it shall be lawful for the Governor ofNew Zealand , on behalf of Her Majesty, to disallow any such Election; and if such Disallowance be signified by the Governor, under the Seal of New Zealand , to the Speaker of such Council, at any Time within Three Months after such Election, the Office of Superintendent shall become vacant; and on any Vacancy occasioned by such Disallowance, or by the Death or Resignation of the Superintendent (such Resignation being accepted by the Governor on behalf of Her Majesty), a new Election shall in like Manner take place: Provided farther, that at any Time during the Continuance of the Office of any such Superintendent it shall be lawful for Her Majesty to remove him from such Office, on receiving an Address signed by the Majority of the Members of such Provincial Council praying for such Removal; and thereupon the like Proceedings shall be had as in the Case of any such Vacancy as above mentioned.

S-V Governor may appoint Electoral Districts, &c.

V Governor may appoint Electoral Districts, &c.

V. It shall be lawful for the Governor, by Proclamation, to constitute within each of the said Provinces hereby established convenient Electoral Districts for the Election of Members of the Provincial Council, and of the Superintendent, and to appoint and declare the Number of Members to be elected for each such District for the Provincial Council, and to make Provision for the Registration and Revision of Lists of all Persons qualified to vote at the Elections to be holden within such Districts, and for the appointing of Returning Officers, and for issuing, executing, and returning the necessary Writs for such Elections, and for taking the Poll thereat, and for determining the Validity of all disputed Returns, and otherwise for ensuring the orderly, effective, and impartial Conduct of such Elections; and in determining the Number and Extent of such Electoral Districts, and the Number of Members to be elected for each District, regard shall be had to the Number of Electors within the same, so that the Number of Members to be assigned to any One District may bear to the whole Number of the Members of the said Council, as nearly as may be, the same Proportion as the Number of Electors within such District shall bear to the whole Number of Electors within the Limits of the Province.

S-VI Qualification of Members.

VI Qualification of Members.

VI. Every Person within any Province hereby established or hereafter to be established who shall be legally qualified as an Elector, and duly registered as such, shall be...

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