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The Executive Council Ordinance 1864

1. The Executive Government Ordinance 1864.

Analysis. Preamble.

1. Repealing Clause.

2. Present appointments and rules not hereby revoked.

3. The Executive Council.

4. Executive Council, how to consist.

5. The Superintendent or President of Council to preside. Quorum.

6. Officers of the Provincial Government.

7. How to be appointed.

8. Subordinate Officers may be appointed.

9. Rules for conduct of business to be made and published.

10. Title.

Whereas certain Ordinances were passed by the Superintendent and Provincial Council of the Province of Canterbury intituled respectively “The Executive Government Ordinance Sess. I. No. 3” and “The Executive Government Amendment Ordinance 1862” and whereas it is expedient that the said recited Ordinances should be repealed and that other provisions should be made in lieu thereof.

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

1. Repealing Clause.

The said recited Ordinances are hereby repealed.

2. Present appointments and rules not hereby revoked.

All appointments rules and regulations made under the said Ordinances or either of them and which are in force when this Ordinance comes into operation shall continue in force as if under this Ordinance until revoked or altered under the authority of this Ordinance and no longer.

3. The Executive Council.

There shall be an Executive Council for the Province of Canterbury for advising and assisting the Superintendent in the government of the Province.

4. Executive Council, how to consist.

The Executive Council shall consist of a President and not more than five nor less than three other persons who shall be appointed by warrant under the hand of the Superintendent and shall hold office during his pleasure Provided always that any Member of the Executive Council may by writing under his hand resign his seat in the same and provided also that not more than four Members of the Provincial Council shall at the same time be Members of the Executive Council.

5. The Superintendent or President of Council to preside. Quorum.

The Superintendent and in case of his absence the President of the Executive Council shall preside at the meetings thereof and shall have a veto on all its acts and proceedings and no act or resolution of the Executive Council shall have any effect unless two Members besides the Superintendent or President be present.

6. Officers of the Provincial Government.

There shall be the following offices of the Government in the Province of

Canterbury that is to say—

(1.) A Provincial Secretary for assisting the Superintendent in the general management and carrying on of the Government.

(2.) A Secretary for Public Works who shall assist the Superintendent in the administration of the public works of the Province.

(3.) A Provincial Solicitor who shall be the legal adviser of the Provincial

Government.

(4.) A Provincial Treasurer for receiving taking charge of and dispensing the public revenue of the Province.

7. How to be appointed.

The Superintendent may by warrant under his hand appoint fit persons to hold the aforesaid offices respectively and the Superintendent may with the advice

and consent of the Executive Council but not otherwise by warrant under his

hand remove such persons or any of them and may appoint others in their stead.

8. Subordinate Officers may be appointed.

The Superintendent may from time to time appoint subordinate officers for carrying out the business of the several departments of the Government and may remove such officers and appoint others in their stead.

9. Rules for conduct of business to be made and published.

It shall be lawful for the Superintendent with the advice and consent of the Executive Council from time to time to make regulations for the convenient management and carrying on of the business of the Executive Council and of the offices of Government and from time to time with such advice aforesaid to alter or rescind such regulations or any of them and to make others in their stead and all such regulations being published in the “Provincial Government Gazette” shall thereupon become binding on all persons whom they may concern.

10. Title.

This Ordinance shall be intituled and may be cited as “The Executive

Government Ordinance 1864.”

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 18th August

1864, and assented to by the Superintendent on 19th August.