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The Pamphlet Collection of Sir Robert Stout: Volume 29

(31 & 32 Vict., Cap. XCII.)

(31 & 32 Vict., Cap. XCII.)

[31st July, 1868.[

Whereas by the third section of an Act of the Session holden in the twenty-fifth and twenty-sixth years of

25 & 26 Vict, c. 48, s. 3.

her Majesty, intituled "An Act respecting the Establishment and Government of Provinces in New Zealand, and to enable the Legislature of New Zealand to repeal the seventy-third section of an Act intituled 'An Act to grant a Representative Constitution to the Colony of New Zealand,' "it was provided that it shall be lawful for the General Assembly of New Zealand, by any Act or Acts to be by them from time to time passed, to page 46 establish or provide for the establishment of new Provinces in the Colony of New Zealand, and to alter or to provide for the alteration of the boundaries of any Provinces for the time being existing in the said Colony, and to make provision for the administration of any such Provinces, and for the passing of laws for the peace, order, and good government thereof: And whereas doubts are entertained whether the said General Assembly has power under the above-recited enactments, or otherwise, to abolish any such Province now or hereafter to be established, or to withdraw from such Province any part of the territory comprised therein, except for the purpose of including the same within the limits of some other such Province, and it is expedient that such doubts should be removed:

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:

General Assembly to have and to be deemed to have had power to abolish any Province, to withdraw therefrom any territory, and to make laws for such territory.

1. The General Assembly of New Zealand shall be deemed to have, and since the passing of the aforementioned Act to have had, the power of abolishing any Province at any time heretofore or hereafter to be established in New Zealand, or of withdrawing therefrom the whole or any part of the territory comprised therein, and of passing laws for the peace, order, and good government of the territory so withdrawn from or ceasing to form part of the territory of any such Province, whether such territory shall or shall not be included within the limits of any other Province of New Zealand, and also the power of making from time to time such provision as to such General Assembly shall seem expedient, relating to the effect and operation of any such withdrawals of territory in or with respect to the Province from which such territory shall have been withdrawn, and the Superintendent and Members of the Provincial Council thereof for the time being in office, and the laws in force in such Province at the time of such withdrawals of territory therefrom.

1 This Act was rendered necessary by doubts as to the validity of "The County of Westland Act, 1867."