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The Pamphlet Collection of Sir Robert Stout: Volume 29

Constitution Act Amendment

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Constitution Act Amendment.

(20 & 21 Vict., Cap. LIII.)

An Act to amend the Act for granting a Representative Constitution to the Colony of New Zealand.2 [17th August, 1857.]

15 & 16 Vict, c. 72.

Whereas it is expedient that an Act passed in the Session holden in the fifteenth and sixteenth years of Her Majesty, chapter seventy-two, to grant a Representative Constitution to the Colony of New Zealand, should be amended by repealing certain clauses thereof, whereby certain charges were imposed on the Territorial Revenue of the said Colony, for which charges other provision has been or is intended to be made, and

2 The Short Title by which this Act is cited in New Zealand is "The Constitution Amendment Act." See the Interpretation Acts 1858 and 1868.

page 33 making further and other provision for enabling the General Assembly of New Zealand to alter the enactments thereof: Be It 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. Sections sixty-seven, sixty-eight, sixty-nine, and

Sections 67, 63, 69, and 74, and part of sec. 62 of recited Act repealed.

seventy-four of the said Act of the fifteenth and sixteenth years of Her Majesty, and so much of section sixty-two of the said Act as authorizes and requires the Governor to pay out of the revenue arising from the disposal of waste lands of the Crown sums on account of the purchase of land from aboriginal natives, or the release or extinguishment of their rights, and sums payable to the New Zealand Company, are hereby repealed:
2. It shall be lawful for the said General Assembly

Power to General Assembly of New Zealand to vary the provisions of the recited Act, with the exception herein named.

of New Zealand, by any Act or Acts, from time to time to alter, suspend, or repeal all or any of the provisions of the said Act, except such as are hereinafter specified;1 namely,

So much of the said Act as repeals former Acts, Letters Patent, Instructions, and Orders in Council:

The provisions contained in sections three, eighteen (save the exception therein contained), twenty- five, twenty-eight, twenty-nine, thirty-two, forty-four, forty-six, forty-seven, fifty-three, fifty-four, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty-one, sixty-four (save so much as charges the Civil List on the revenues arising from the disposal of waste lands of the Crown), sixty-five, seventy-one, seventy-three, and eighty of the said Act:

But no such Act of the General Assembly as aforesaid, which shall alter, suspend, or repeal any of the pro-

1 As to the power of Colonial Legislatures generally to alter their constitution, see the Imperial Act 28 and 29 Vict. c. 63, s. 5, post. Power to alter the third section of the Constitution Act was given by the Imperial Act 24 and 25 Vict. c. 30, s. 2, post; but that Act was repealed before the power was exercised. (See, post, the Imperial Act 25 and 26 Vict. c. 48.) Sect. 73 of the Constitution Act may be altered or repealed by the General Assembly (25 and 26 Vict. e. 48, s. 8).

page 34 visions contained in section nineteen of the said Act, shall have any force or effect unless the same shall have been reserved for the signification of Her Majesty's pleasure thereon, and until the Governor of New Zealand shall have signified, as provided by the said Act, that Her Majesty has been pleased to assent to the same.

Commencement of Act.

3. This Act shall be proclaimed in New Zealand by the Governor, or person administering the Government thereof, within six weeks after a copy of such Act shall have been received by such Governor, and shall take effect in New Zealand from the day of such Proclamation;1 except that the repeal of section seventy-four of the said recited Act, and of so much of section sixty- two as relates to sums payable to the New Zealand Company, shall only take effect if on or before the fifth clay of April, one thousand eight hundred and fifty-eight, payment be made to the New Zealand Company of the sums and in the manner specified in the New Zealand Company's Claims Act, passed during the present Session of Parliament. 2

1 This Act was proclaimed on 15th December, 1857. See Gazette 1857, No. 34, page 195.

2 This is "The New Zealand Company's Claims Act, 1857."

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