New Zealand Legislative Council (1841–1853) Explained

The first New Zealand Legislative Council, also known as the General Legislative Council, was established in 1841 when New Zealand was created as a Crown colony separate from New South Wales. The Legislative Council consisted of the governor, the colonial secretary, the colonial treasurer, and senior justices of the peace; all members were appointed. From 1848, there were additional provincial Legislative Councils for New Ulster and New Munster. The general Legislative Council had twelve sessions, and the first ten were held in Auckland while the last two were held in Wellington. In May 1852, an act provided for two thirds of the membership of the provincial Legislative Councils to be elected. Elections for the New Ulster Province had already been held when news was received that the New Zealand Constitution Act 1852 had been passed by the Parliament of the United Kingdom. No meeting of the elected members was ever called. The New Zealand Constitution Act 1852 disestablished the Legislative Council when writs for the first election of members of the New Zealand House of Representatives were returned. The original Legislative Councils ceased to exist in September 1853.

The New Zealand Constitution Act 1852 created a bicameral general assembly consisting of the governor, a Legislative Council and a House of Representatives, an executive council (nominally appointed by the governor), and the Provinces of New Zealand (New Zealand was divided into six provinces).[1]

General Legislative Council

The New Zealand Legislative Council was formed in 1841 by governor William Hobson. The Charter for Erecting the Colony of New Zealand took effect from 3 May 1841; at that time the capital of New Zealand had just shifted from Okiato (Old Russell) to Auckland. The first session of the New Zealand Legislative Council was held in Auckland from 24 May to 10 July 1841. The initial members were Hobson as governor, Willoughby Shortland as colonial secretary, Francis Fisher as attorney-general, George Cooper as colonial treasurer, and a number of JPs: William Wakefield, William Cornwallis Symonds, James Reddy Clendon, Edmund Halswell, and George Butler Earp.

James Coates was clerk to the general Legislative Council during the entire time of its existence.

Sessions of the general Legislative Council

The general Legislative Council sat for twelve sessions, with the third session split across two periods. The sessions in Wellington were held in a room in the court house:[2]

Sessionfromtolocation
124 May 184110 July 1841Auckland
214 December 184115 March 1842Auckland
39 January 184413 January 1844 Auckland
14 May 184418 July 1844
419 September 184428 September 1844Auckland
54 March 184522 April 1845Auckland
612 December 184513 December 1845Auckland
75 October 184618 November 1846Auckland
826 July 184716 October 1847Auckland
916 November 184818 November 1848Auckland
101 August 184925 August 1849Auckland
1119 May 18512 August 1851Wellington
1212 December 18525 January 1853Wellington

Membership

The general Legislative Council had 41 members during its existence. Where membership was due to holding an office, this is identified in the table below. Members were entitled to the honorific prefix "Honourable". The last session of the council was adjourned in January 1853, and those who were present at this session, or not present but still held membership, are identified accordingly. There was no public announcement of the general Legislative Council having ceased to exist, but based on the New Zealand Constitution Acts and the date of writs received, it is likely that membership terminated on 28 September 1853.

Henry Tancred and William Deans were both invited in 1851 to represent Canterbury, but both declined.[3]

Member Office held Appointed Retired
Governor 3 May 1841 10 September 1842
Colonial Secretary 3 May 1841 26 December 1843
Administrator 10 September 1842 26 December 1843
Francis Fisher Attorney-General 3 May 1841 28 September 1841
Colonial Treasurer 3 May 1841 9 May 1842
3 May 1841 September 1841
3 May 1841 23 November 1841
3 May 1841 13 January 1844
3 May 1841 10 July 1841
George Butler Earp 3 May 1841 15 March 1842
William SwainsonAttorney-General 28 September 1841 (1)
27 October 1841 6 June 1844
Colonial Treasurer 9 May 1842 (1)
Governor 26 December 1843 17 November 1845
Colonial Secretary 8 January 1844 (1)
13 May 1844 3 March 1845
13 May 1844 3 March 1845
16 July 1847 16 November 1848
13 May 1844 3 March 1845
3 March 1845 22 December 1845
William Donnelly <-- Q96776752 --> 3 March 1845 22 December 1845
30 September 1846 4 August 1847
3 March 1845 22 December 1845
Governor 18 November 1845 (1)
30 September 1846 14 February 1848
Colonial Secretary of New Munster 14 February 1848 (1)
Alexander Kennedy <-- Q96776845 --> 30 September 1846 16 July 1847
16 November 1848 (2)
9 August 1847 (2)
16 November 1848 (2)
Lieut-Governor of New Munster 28 January 1848 7 March 1853
Commander of the Forces 28 January 1848 (1)
Colonial Treasurer of New Munster 28 January 1848 (1)
Surveyor-General 16 November 1848 (2)
16 November 1848 (2)
20 December 1848 (1)
20 December 1848 (2)
Attorney-General of New Munster 21 December 1848 (1)
24 July 1849 (2)
24 July 1849 (2)
24 July 1849 (2)
Lieut-Governor of New Ulster 1 August 1849 8 January 1851
Collector of Customs 19 May 1851 (1)
19 May 1851 (1)
3 June 1851 16 April 1853
3 June 1851 2 August 1851
3 June 1851 2 August 1851
Table footnotes(1) member present during the twelfth session
(2) member not present during the twelfth session

References

Notes and References

  1. Web site: Responsible government . . 1 July 2020 . 14 July 2014.
  2. News: Opening of the General Legislative Council for New Zealand . 5 July 2020 . . VII . 585 . 21 May 1851 . 3.
  3. News: The Lyttelton Times . 4 July 2020 . I . 16 . 26 April 1851 . 4.