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Last Updated: 21 August 2017
(24 & 25 Vict., Cap. 3.)
An Act to declare the validity of an Act passed by the General Assembly of New Zealand, intituled "An Act to provide for the Establishment of new Provinces in New Zealand."
[11th July, 1861.]
Whereas by an Act .of the Session holden in the
fifteenth and sixteenth years of Her Majesty, intituled "An Act to grant a
Representative
Constitution to the Colony of New Zealand," it was provided that
certain Provinces therein mentioned should be established in the
said Colony,
and that in every such Province there should be a Provincial Council, and that
there should be in the said Colony a
General Assembly competent to make laws for
the peace, order, and good government of the same; and by the sixty-ninth
section of
the said Act it was further provided that it should be lawful for the
said General Assembly to constitute new Provinces in the said
Colony, and to
appoint the number of Members of which the Provincial Councils thereof should
consist, and to alter the boundaries
of any Provinces for the time being
existing, provided always that any Bill for any of the said purposes should be
reserved for the
signification of Her Majesty's pleasure thereon: And whereas by
an Act of the Session holden in the twentieth and twenty-first years
of Her
Majesty, intituled "An Act to amend an Act for granting a Representative
Constitution to the Colony of New Zealand," it was
enacted that the sixty-ninth
section of the said first-recited Act should be repealed, and that it should be
lawful for the said
General Assembly to alter, suspend, or repeal all or any of
the provisions of the said Act, except the third section, and certain
others
therein specified: And whereas the said General Assembly, by an Act passed in a
Session holden in the twenty-first and twenty-
second years of Her Majesty,
intuited "An Act to provide for the Establishment of new Provinces in New
Zealand," did authorize the
Governor of the said Colony to establish such new
Provinces in manner therein mentioned, and the said Governor did establish
certain
new Provinces accordingly: And whereas doubts are entertained whether it
was competent to the said General Assembly to make such
provision, and to the
said Governor to establish such new Provinces as aforesaid, and it is expedient
that such doubts should be
set at rest: And whereas it is also expedient that
the said General Assembly should be at liberty to alter part of the third
section
of the hereinbefore first-recited Act of Parliament: 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:—
1. It shall be lawful for the said General Assembly, by
any Act or Acts to be by them from time to time passed, or for the Officer
Administering the Government of New Zealand, acting under authority of any such
Act or Acts, to constitute new Provinces in New Zealand,
and to direct and
appoint the number of Members of which the Provincial Councils of such Provinces
shall consist, and to alter the
boundaries of any Provinces for the time being
existing in New Zealand.
2. It shall be lawful for the said General
Assembly to alter, suspend, or repeal so much of the third section of the
hereinbefore
first-recited Act of Parliament as provides that the Provincial
Council in each of the Provinces thereby established shall consist
of such
number of Members, not being less than nine, as the Governor shall by
Proclamation appoint.
3. The hereinbefore recited Act passed by the said
General Assembly, and all acts, matters, or things done under and in pursuance
of authority created or given, or expressed to be created or given, by the same
Act, shall be, and shall be deemed to have been from
the passing or doing
thereof, as valid and effectual for all purposes whatever as such acts, matters,
or things might or would have
been if at the time of the passing of the same Act
by the said General Assembly this Act of Parliament had been in force.
4.
The provisions of the two hereinbefore recited Acts of Parliament, as altered by
this Act, shall apply to all Provinces at any
time existing in New Zealand, in
like manner and under the same conditions as the same apply to the Provinces
established by the
hereinbefore first-recited Act of Parliament.
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URL: http://www.nzlii.org/nz/other/NZConLRes/1861/1.html