New Zealand Legislative Council (1841–1853)

Early legislative council of New Zealand

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

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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

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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

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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]

Member | Office held | Appointed | Retired

|
|
|

William Hobson | Governor | 3 May 1841 | 10 September 1842
Willoughby Shortland | 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
George Cooper | Colonial Treasurer | 3 May 1841 | 9 May 1842
William Wakefield |  | 3 May 1841 | September 1841
William Cornwallis Symonds |  | 3 May 1841 | 23 November 1841
James Reddy Clendon |  | 3 May 1841 | 13 January 1844
Edmund Halswell |  | 3 May 1841 | 10 July 1841
George Butler Earp |  | 3 May 1841 | 15 March 1842
William Swainson | Attorney-General | 28 September 1841 | (1)
William Field Porter |  | 27 October 1841 | 6 June 1844
Alexander Shepherd | Colonial Treasurer | 9 May 1842 | (1)
Robert FitzRoy | Governor | 26 December 1843 | 17 November 1845
Andrew Sinclair | Colonial Secretary | 8 January 1844 | (1)
Charles Clifford |  | 13 May 1844 | 3 March 1845
William Brown |  | 13 May 1844 | 3 March 1845
| 16 July 1847 | 16 November 1848
Samuel Martin |  | 13 May 1844 | 3 March 1845
Frederick Whitaker |  | 3 March 1845 | 22 December 1845
William Donnelly |  | 3 March 1845 | 22 December 1845
| 30 September 1846 | 4 August 1847
Theophilus Heale |  | 3 March 1845 | 22 December 1845
George Grey | Governor | 18 November 1845 | (1)
Alfred Domett |  | 30 September 1846 | 14 February 1848
Colonial Secretary of New Munster | 14 February 1848 | (1)
Alexander Kennedy |  | 30 September 1846 | 16 July 1847
| 16 November 1848 | (2)
Frederick Merriman |  | 9 August 1847 | (2)
| 16 November 1848 | (2)
Edward John Eyre | Lieut-Governor of New Munster | 28 January 1848 | 7 March 1853
William Anson McCleverty | Commander of the Forces | 28 January 1848 | (1)
Henry Petre | Colonial Treasurer of New Munster | 28 January 1848 | (1)
Charles Whybrow Ligar | Surveyor-General | 16 November 1848 | (2)
Robert Clapham Barstow |  | 16 November 1848 | (2)
Dillon Bell |  | 20 December 1848 | (1)
William Hickson |  | 20 December 1848 | (2)
Daniel Wakefield | Attorney-General of New Munster | 21 December 1848 | (1)
William Hulme |  | 24 July 1849 | (2)
Henry Matson |  | 24 July 1849 | (2)
Sampson Kempthorne |  | 24 July 1849 | (2)
George Dean Pitt | Lieut-Governor of New Ulster | 1 August 1849 | 8 January 1851
Stephen Carkeek | Collector of Customs | 19 May 1851 | (1)
William Mein Smith |  | 19 May 1851 | (1)
Constantine Dillon |  | 3 June 1851 | 16 April 1853
William Cautley |  | 3 June 1851 | 2 August 1851
George Cutfield |  | 3 June 1851 | 2 August 1851

Table footnotes

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

## Notes

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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. ^ a b Wilson 1985, p. 28.
5. ^ "Opening of the General Legislative Council for New Zealand". The Wellington Independent. Vol. VII, no. 585\. 21 May 1851. p. 3. Retrieved 5 July 2020.
6. ^ Wilson 1985, pp. 26–28.
7. ^ "The Lyttelton Times". Vol. I, no. 16\. 26 April 1851. p. 4. Retrieved 4 July 2020.

## References

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

## External links

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