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The Cyclopedia of New Zealand [Wellington Provincial District]

[introduction]

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The Legislative Council of the General Assembly is analogous in its powers and functions to the House of Lords in the British Legislature. It is the second of the three estates; the Governor representing the First Estate or Royalty, and the House of Representatives being a copy of the House of Commons or Third Estate. In the early days of Representative Government in New Zealand, after the granting of the Constitution Act by the Imperial Government in 1852, the Council was nominated by the Governor. This Act provided that the General Assembly should consist of not less than ten members, appointed for life, five to form a quorum. As a matter of fact fifteen Councillors were appointed, and as Auckland was then the seat of Government, and the means of travelling were of the scantiest in those days, the Governor nominated seven Auckland merchants and landholders out of the fifteen to the first Council. Auckland was then more distant from the Southern provinces, as far as facilities for travelling Mere concerned, than Western Australia is now. An effort was made by an enterprising English firm about 1854 to introduce steam navigation in the Colony, and a steamer about 800 tons, the Nelson, was sent out for Messrs. A. Fell and Co., of Nelson, to experiment with. A few months' experience convinced this firm that the high price of coal and the limited number of travellers precluded any possibility of even so small a steamer, with the whole of the coastal trade of the Colony, paying her way, and she was sent back to England, and members in those days had to take their chance of a trading schooner or a brig to get to their legislative duties and back home again. Instances occurred where the shortest route from Lyttelton to Auckland or other ports was by taking a passage by a regular trader to Sydney, and there finding a vessel for the desired port. Therefore, the geographical position of Auckland, and its consequent power owing to the seat of Government being there, was detrimental to the well-being of the rest of the Colony, and was very frequently alluded to as analogous to the Imperial Parliament holding its sessions at the Orkney Isles before steam navigation or railways were invented. This being so, the Auckland members of the Upper House were always in a majority. As time went on and Responsible Government asserted its powers and privileges year by year, the appointments to the Council still remained nominally with the Governor, but became really the patronage of the Ministry, which departure was strictly in keeping with the spirit of the Constitution Act. There has never been any fixed rule as to the qualifications of members or of their number, but previous to 1891 there was a sort of unwritten law in force which followed the lines adopted by the British Legislature, and the appointees to the Council were invariably selected from colonists who either represented property, or had sat in the House of Representatives for several sessions and qualified themselves for the elevation, or had rendered good service to the State; but, generally speaking, it was the landed interest which was first considered, and each provincial district was, as far as circumstances and eligibility of persons would permit, represented fairly. After the Amendment Act of 1891 these conditions were qualified considerably, and a number of gentlemen were called to the Upper House chiefly on the grounds that the Labour legislation then being introduced in the Popular Chamber would be inoperative unless assisted by a strong party of sympathisers in the Upper House. Considerable friction arose between Lord Onslow and the Government of Sir H. Atkinson as to how far his powers of veto could prevail in refusing to call several members to the House at once, and the matter, after due deliberation by the Secretary for the Colonies, resulted in acknowledging the right of the colonies to act in accordance with its own opinions as to what was best for it, and although the Governor has still a power of veto in this matter, the will of the people, as expressed by the Government of the day, is supreme.

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The functions of the Legislative Assembly are, as stated above, based on the lines of the House of Lords. The Council can originate or reject Bills or propose amendments, except in the case of Money Bills. The extent of its privileges is considerable, but hardly admits of legal definition. Its powers in dealing with what are commonly called Money Bills is one of the most important and difficult of constitutional questions, and leads to frequent disputes between the two Houses of Parliament, not only in New Zealand, but in all other colonies enjoying Constitutional Government. The disputes generally arise from the vagueness of the definition of what a Money Bill is. Frequently Policy Bills which embody the intentions of the Representative Chamber with respect to money matters have been so amended as to trench upon what the Popular Chamber considered to be its exclusive rights and privileges. By constitutional law and practice it is held to be the right of the representatives of the people to impose taxes and provide the supply. But
Photo by Mr. T. Pringle. Interior Of House Of Representatives.

Photo by Mr. T. Pringle.
Interior Of House Of Representatives.

as many Bills of a general character involving questions of general public policy of a highly important and often novel character containing money clauses frequently come before the Upper Chamber for consideration, it has been maintained that it would take away the usefulness of the Council if it could not duly consider and amend its provisions. The relations between the two Houses are therefore constantly liable to dispute between them, but these disputes have never, as yet, led to a deadlock such as has been experienced in other colonies with disastrous results. Differences of opinion between the two branches have always been settled by the appointment of “managers” from both Houses to discuss and compromise the differences, and a good feeling has consequently always been maintained. Members receive an honorarium of £150 per annum, and by the Act of 1891 the appointments are for seven years instead of life. During the session the ordinary sitting days are from Tuesday till Friday, but towards the end of the session the sittings are guided by the exigencies of time. The present number of members is forty-five, the Speaker being the Hon. Henry John Miller.