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Provincial_Council_Extension_Ordinance_1857

8. The Provincial Council Extension Ordinance 1857

Whereas by an Act of the Imperial Parliament passed in the Fifteenth and Sixteenth years of the reign of her Majesty Queen Victoria, entituled " An Act to Grant a Representative Constitution to the Colony of New Zealand," it was enacted that it should be lawful for the Governor, by Proclamation, to constitute within each of the Provinces by the said Act established, convenient Electoral Districts for the election of Members for 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 provisions for the registration and revision of Lists of all persons qualified to vote at the elections to be holden within such districts: And Whereas the then Governor of New Zealand did accordingly, by a Proclamation, bearing date the Fifth day of March, one thousand eight hundred ad fifty-three, constitute certain districts for the election of the Superintendent and Members of the Provincial Council of the Province of Canterbury, and did appoint and declare the number of Members to

be elected to serve in the Provincial Council for each of the said several districts, and did further make certain provisions for the registration and revision of the Lists of persons qualified to vote as aforesaid: And Whereas by an Ordinance of the Superintendent and Provincial Council of the said Province, entituled " The Provincial Council Extension Ordinance, Session III., No. 1," certain provisions of the said Proclamation were repealed, and certain other provisions were enacted in lieu thereof: And Whereas it is expedient that the said Ordinance should be repealed and that the provisions of the said Proclamation should be further amended:

Be it therefore enacted by the Superintendent of the Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:—

1. The Ordinance, Session IIl., No. 1,. to be repealed.

The said recited Ordinance of the Superintendent and Provincial Council is hereby repealed.

2. Certain provisions of Proclamation of March, 1853, were declared to be null and void.

The provisions made in the said Proclamation by the Governor of New Zealand, under the authority of the said recited Act of the Imperial Parliament, in respect to the number and extent of the said districts, the number of Members of the Provincial Council to be elected for each district, and the registration and revision of the Lists of persons qualified to Vote at such elections, so far as the said provisions are repugnant to, or would interfere with the operation of this Ordinance, shall be, and they are hereby declared to be void and of no effect.

3. Province to be divided into ten districts.

The Province of Canterbury for the election of the Superintendent and the Members of the Provincial Council thereof, shall be divided into ten districts, to be named as follows:—

1. The town of Christchurch.

2. The town of Lyttelton.

3. The Kaiapoi district.

4. The Avon district.

5. The Heathcote district.

6. The Port Victoria district.

7. The Akaroa district.

8. The Ashley district.

9. The Rakaia district.

10. The Timaru district.

And the boundaries of the said districts shall be those particularly set forth and described in the Schedule hereunto annexed.

4. Number of Members to be elected for each district.

The Provincial Council shall consist of twenty-six Members, and the number of

Members to be elected for each of the said several districts shall be as follows:—

1. For the town of Christchurch, four Members.

2. For the town of Lyttelton, four Menmbers.

3. For the Kaiapoi District, two Members.

4. For the Avon District, four Members.

5. For the Heathcote District, four Members.

6. For the Port Victoria District, two Members.

7. For the Akaroa District, three Members.

8. For the Ashley District, one Member.

9. For the Rakaia District, one Member.

10. For the Timaru District, one Member.

5. Superintendent to appoint Returning Officers.

The Superintendent shall, immediately upon the coming into operation of this

Ordinance, and from time to time thereafter as occasion may require, appoint

some fit person to be the Returning Offleer within each of the districts hereby constituted.

6. Superintendent to fix times and places for the reception of claims to vote.

The Superintendent shall, immediately upon the coming operation of this Ordinance, publicly notify in the Government Gazette for of the Province, the place or places at which all persons claiming a right to vote for the election of the Superintendent or of the Members of the Provincial Council shall deliver their claims, or eause the same to be delivered, and may, from time to time, as occasion may require, by a similar notification, alter such place or places and appoint other or additional places for the same purpose. And shall in such notice, appoint some day, being not later than thirty days after the date thereof, upon or before which all claims to vote shall be delivered as aforesaid: And the List of claims shall be made up and published as provided by the said recited Proclamation, within thirty days after such day so notified: Provided that the Superintendent may, if he shall think fit, appoint some person to act instead of

the Resident Magistrate, in making up and publishing such Lists: And in every ucceeding year after the Electoral Rolls shall have been so prepared, applications of persons claiming to vote shall be sent in and published, and sueh Electoral Rolls shall be made up at the times severally appointed in the said recited Proclamation.

7. Superintendent to appoint Revising Officers.

There shall be a Revising Officer for each district, who shall be appointed by the Superintendent, and shall perform all the duties and exercise all the powers relating to the revision of the Lists of Claims and Electoral Rolls, and to the hearing and determining of objections, and appointing the time and place for such hearing, and to the preparation of the Electoral Rolls, which, by the said recited Proclamation, are directed to be performed or exercised by the Resident Magistrate, or by the Justices of the Peace residing within such district in a special meeting assembled, anything in the said recited Proclamation to the contrary notwithstanding: And the said Revising Officer is hereby empowered to take evidence upon oath.

8. Service of notices of objections.

And Whereas it is directed in the said Proclamation that any objection. person objecting to any other person, as not entitled to have his name on the Electoral Roll, shall, ten days at least before the day appointed for the formation of the Electoral Roll, cause notice, in writing, of such objection and of the ground thereof, to be given to the Resident Magistrate, or other the person acting for the district, and also to the person objected to: Be it enacted that such notice may be given by delivering the same to the wife, or servant, or to some adult inmate of the family of such person, at his usual place of abode, and explaining the purport thereof to such wife, servant, or inmate; or by leaving the same at the last known place of abode of such person within the Province; or in case any person other

than the Elector claiming to be registered shall have put in the claim, then such notice may be served on such person in the manner above described.

9. Time Ordinance coming into effect.

This Ordinance shall come into operation on the day on which it shall receive the

Governor's assent.

10. Title

This Ordinance shall be entituled, and may be cited as the " Provincial Council

Extension Ordinance, Session VIII., No. 8."

Schedule.

Boundaries of Electoral Districts.

1. The town of Christchurch District comprises the site of the town of Christchurch, together with all the adjacent reserves lying between the said town and the rural sections fronting upon such reserves.

2. The town of Lyttelton District comprises the site of the town of Lyttelton including the town reserves.

3. The Kaiapoi District comprises all that portion of the Province of Canterbury, bounded on the north by the south bank of the River Ashley, on the south by the south bank of the River Countenay or Waimakariri, and a line drawn from trig. pole c 19 on the south bank of that river to trig. pole c 27, on the sea coast; on the east by the sea coast, and on the west by a line drawn due north and south through trig. pole c 29, on the south bank of the said River Courtenay.

4. The Avon District comprises all that portion of the Province bounded on the north by the south boundary of the Kaiapoi District, on the east by the sea coast, on the west by a line drawn due north and south through trig. pole c 29 on the south bank of the River Courtenay, and on the south by the north bank of the River Avon from its mouth to the point where it meets the boundary of the town of Christchurch District, the boundary of that district as far as the south-east corner of rural section No. 10; by the south boundary of section No. 10, the south-east boundary of section No. 145, till it is crossed by a creek running easterly into the River Heathcote, thence along that creek till it meets a line in continuation of the south-eastern boundary line of section 180, following along that line to the south- east corner of section No. 180, the south boundaries of sections Nos. 180, 211,

240, 337, and 234, and the north side of the road on the south boundaries of those sections, continued to the point where tha road first meets a branch of the River Heathcote, and a straight line drawn from that point due west, until it meets the west boundary of the district.

5. The Heathcote District comprises all that portion of the Province bounded on the north by the Avon District, and the town of Christchurch District, on the west by a line drawn due north and south through trig. pole c 29 before mentioned; on the south by the ridge of hills from the flag-station on Mount Pleasant to the highest of the peaks called Cooper's Knobs, and by a straight line drawn from the last mentioned peak to the point where the River Halswell meets Lake Ellesmere, and by the north shore of that lake till it is met bv the west boundary of the

district; and on the east by a straight line from the flag staff on Mount Pleasant to the point where the Ferry Road crosses the River Heathcote at the old ferry, and the shore and the estuary to its mouth.

6. The Akaroa District comprises all that portion of the Province included within the sea coast and a line drawn from a point on the sea coast half-way between the westernmost head of Pigeon Bay and the easternmost head of Port Albert (or Levy) southerly to the head of the Little River, and thence along that river and Lake Forsythe to the sea coast.

7. The Port Victoria District comprises 311 that portion of the Province included between the Coasts of the sea, Lake Forsythe, and Lake Ellesmere, the Akaroa District, and the western boundary of the Kaituna Run No. 30, passing through trig. pole 7 L, and the Heathcote District, exclusive of the town of Lyttelton District.

8. The Ashley District comprises all that portion of the Province lying north of the south bank of the River Waimakariri, and of a line drawn due west from the source of the river to the west Coast, not including the Kaiapoi District.

9. The Rakaia District comprises all that portion of the Province bounded on the north by the Ashley District, on the east by the Avon, Heathcote, and Port Victoria Districts, and the sea coast, on the west by the sea coast, and on the south by the north bank of the southernmost branch of the River Ashburton, and a line drawn due west from the source of that branch to the sea coast.

10. The Timaru District comprises all that part of the Province lying south, and south-west to the Rakaia District.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 12th June

1857, and reserved for the Governor’s assent. Governor Gore Browne assented to the Ordinance on 14th July 1857.

It was repealed by “The Provincial Council Extension Ordinance 1861,” passed during Session XVII. of the Council.