New Zealand Legislative Council (1841–1853)

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.[1]

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).[2]

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.[3]

James Coates was clerk to the general Legislative Council during the entire time of its existence.[4]

Sessions of the general Legislative Council

The general Legislative Council sat for twelve sessions, with the third session split across two periods.[4] The sessions in Wellington were held in a room in the court house:[5]

Session from to location
1 24 May 1841 10 July 1841 Auckland
2 14 December 1841 15 March 1842 Auckland
3 9 January 1844 13 January 1844 Auckland
14 May 1844 18 July 1844
4 19 September 1844 28 September 1844 Auckland
5 4 March 1845 22 April 1845 Auckland
6 12 December 1845 13 December 1845 Auckland
7 5 October 1846 18 November 1846 Auckland
8 26 July 1847 16 October 1847 Auckland
9 16 November 1848 18 November 1848 Auckland
10 1 August 1849 25 August 1849 Auckland
11 19 May 1851 2 August 1851 Wellington
12 12 December 1852 5 January 1853 Wellington

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.[6]

Henry Tancred and William Deans were both invited in 1851 to represent Canterbury, but both declined.[7]

MemberOffice heldAppointedRetired
William HobsonGovernor3 May 184110 September 1842
Willoughby ShortlandColonial Secretary3 May 184126 December 1843
Administrator10 September 184226 December 1843
Francis FisherAttorney-General3 May 184128 September 1841
George CooperColonial Treasurer3 May 18419 May 1842
William Wakefield3 May 1841September 1841
William Cornwallis Symonds3 May 184123 November 1841
James Reddy Clendon3 May 184113 January 1844
Edmund Halswell3 May 184110 July 1841
George Butler Earp3 May 184115 March 1842
William SwansonAttorney-General28 September 1841(1)
William Field Porter27 October 18416 June 1844
Alexander ShepherdColonial Treasurer9 May 1842(1)
Robert FitzRoyGovernor26 December 184317 November 1845
Andrew SinclairColonial Secretary8 January 1844(1)
Charles Clifford13 May 18443 March 1845
William Brown13 May 18443 March 1845
16 July 184716 November 1848
Samuel Martin13 May 18443 March 1845
Frederick Whitaker3 March 184522 December 1845
William Donnelly3 March 184522 December 1845
30 September 18464 August 1847
Theophilus Heale3 March 184522 December 1845
George GreyGovernor18 November 1845(1)
Alfred Domett30 September 184614 February 1848
Colonial Secretary of New Munster14 February 1848(1)
Alexander Kennedy30 September 184616 July 1847
16 November 1848(2)
Frederick Merriman9 August 1847(2)
16 November 1848(2)
Edward John EyreLieut-Governor of New Munster28 January 18487 March 1853
William Anson McClevertyCommander of the Forces28 January 1848(1)
Henry William PetreColonial Treasurer of New Munster28 January 1848(1)
Charles Whybrow LigarSurveyor-General16 November 1848(2)
Robert Clapham Barstow16 November 1848(2)
Dillon Bell20 December 1848(1)
William Hickson20 December 1848(2)
Daniel WakefieldAttorney-General of New Munster21 December 1848(1)
William Hulme24 July 1849(2)
Henry Matson24 July 1849(2)
Sampson Kempthorne24 July 1849(2)
George Dean PittLieut-Governor of New Ulster1 August 18498 January 1851
Stephen CarkeekCollector of Customs19 May 1851(1)
William Mein Smith19 May 1851(1)
Constantine Dillon3 June 185116 April 1853
William Cautley3 June 18512 August 1851
George Cutfield3 June 18512 August 1851
Table footnotes

(1) member present during the twelfth session
(2) member not present during the twelfth session

Notes
  1. Wilson 1985, pp. 25–27.
  2. "Responsible government". Ministry for Culture and Heritage. 14 July 2014. Retrieved 1 July 2020.
  3. Wilson 1985, pp. 26–27.
  4. Wilson 1985, p. 28.
  5. "Opening of the General Legislative Council for New Zealand". The Wellington Independent. VII (585). 21 May 1851. p. 3. Retrieved 5 July 2020.
  6. Wilson 1985, pp. 26–28.
  7. "The Lyttelton Times". Lyttelton Times. I (16). 26 April 1851. p. 4. Retrieved 4 July 2020.

References
  • Wilson, James Oakley (1985) [First published in 1913]. New Zealand Parliamentary Record, 1840–1984 (4th ed.). Wellington: V.R. Ward, Govt. Printer. OCLC 154283103.
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