Act of Parliament | |
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Long title | An Act to make further Provision for the Government of the New Zealand Islands. |
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Citation | 9 & 10 Vict. c. 103 |
Dates | |
Royal assent | 28 August 1846 |
Other legislation | |
Amended by | Statute Law Revision Act 1875 |
Repealed by | Statute Law Revision Act 1891 |
Relates to | New Zealand Constitution Act 1852 |
Status: Repealed |
The New Zealand Constitution Act 1846 (9 & 10 Vict. c. 103) was an Act of the Parliament of the United Kingdom that was intended to grant self-government to the Colony of New Zealand, but was never fully implemented. The Act's long title was "An Act to make further Provision for the Government of the New Zealand Islands". It received royal assent on 28 August 1846.
The act formally remained part of New Zealand's constitution until it was replaced by the New Zealand Constitution Act 1852.
Prior to the act, the basic document setting out the governance of New Zealand since the signing of the Treaty of Waitangi was the Charter of 1840, which specified: [1]
The Executive and Legislative Councils met infrequently during the governorships of William Hobson and his successors, Willoughby Shortland (as Administrator), Robert FitzRoy and Sir George Grey. Throughout the Crown colony period each governor held, in the name of the Crown, complete control over the executive and legislative functions of government.
There was a growing agitation from the settlers for representative government. This was particularly the case in Wellington which, as a New Zealand Company settlement, briefly had its own independent governing council, until Governor Hobson sent his Colonial Secretary, Willoughby Shortland, and some soldiers to Port Nicholson to end any challenge to British sovereignty (the colonists had set up a "colonial council", which Hobson described as a "republic", in March 1840 headed by William Wakefield).
The people of Auckland, then the capital, were less interested. Eventually, pressure led to the enactment in 1846 in London of an intricate constitution.
The Act provided for a three-tiered system of representative government:
The Act was intended to be implemented by a royal charter and royal instructions, issued on 23 December 1846. [2] [3]
Governor of New Zealand George Grey argued that the Constitution Act would place the Māori majority under the political control of the settlers, and so undermine his efforts to protect Māori interests. In a dispatch to the colonial secretary Earl Grey, Governor Grey stated that in implementing the Act, Her Majesty would not be giving the self-government that was intended, instead:
...she will give to a small fraction of her subjects of one race the power of governing the large majority of her subjects of a different race... there is no reason to think that they would be satisfied with, and submit to, the rule of a minority [4]
In 1848 (just before Governor Grey created two provinces, New Ulster and New Munster) the British Parliament passed the Government of New Zealand Act 1848 under which parts of the 1846 Act dealing with establishment of provincial assemblies and the General Assembly were not to come into force for another five years.
The Charter provisions relating to the Legislative Council for the whole colony continued and the Governor was authorised to establish Legislative Councils in each of the provinces. However, settler pressure for representative institutions and criticism of Grey intensified, and for the next four years the Governor pursued a course that gave little satisfaction to the settlers.
Early in 1848 he had appointed Major-General Pitt (he was followed by Lieutenant-Colonel Robert Henry Wynyard) as Lieutenant-Governor of New Ulster, and Edward John Eyre as Lieutenant-Governor of New Munster. Each had associated with him an Executive Council. Later in the same year Grey, through an Ordinance of the General Legislative Council, established nominated Legislative Councils in each province. The Provincial Council of New Ulster was never summoned. In 1851, under the authority of the 1846 Act, Grey made the town of Auckland a municipality, but this step did not relieve the pressure for a Legislative Council which would be representative of the whole province.
The Provincial Council of New Munster had only one legislative session – in 1849 – before it succumbed to the virulent attacks of the Wellington settlers. Grey, sensible to the pressures, inspired an ordinance of the General Legislative Council under which new Legislative Councils would be established in each province with two-thirds of their members elected on a generous franchise. Grey, however, proceeded to implement the ordinance with such deliberation that neither Council met before advice was received that the Parliament at Westminster had passed the New Zealand Constitution Act 1852.
Captain William Hobson was an Anglo-Irish officer in the British Royal Navy, who served as the first Governor of New Zealand. He was a co-author of the Treaty of Waitangi.
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The New Zealand Parliament is the unicameral legislature of New Zealand, consisting of the Sovereign (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865 and in its current building since 1922.
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New Munster was an early original European name for the South Island of New Zealand, given by the Governor of New Zealand, Captain William Hobson, in honour of Munster, the Irish province in which he was born.
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The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
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The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the Colony of New Zealand. It was the second such Act, the previous 1846 Act not having been fully implemented. The purpose of the Act was to have constitutional independence from Britain. The definition of franchise or the ability to vote excluded all women, most Māori, all non-British people and those with convictions for serious offences.
New Leinster was a name given to the Stewart Island in the Royal Charter of November 1840, which stated the division of New Zealand into three parts. The division only held a geographic significance. In the 1846 New Zealand Constitution Act, the area known as New Leinster was incorporated into then established New Munster Province. It was named after Leinster, one of the provinces of Ireland.
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