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Sec. III.—General Regulation
22. Pursuant to the Provisions of the above recited Act
every man of the age of Twenty-one years and upwards, having a freehold estate in possession, situate within the District for which the vote is to be given, of the clear value of Fifty Pounds above all charges and incumbrances, and of or to which he has been seized or entitled, either at Law or in Equity for at least six calendar months next before the last Registration of Electors—or having a Leasehold Estate in possession situate within such a district, of the clear annual value of Ten Pounds, held upon a lease which at the time of such Registration shall have not less than three years to run—or having a Leasehold Estate so situate and of such value as aforesaid, of which he has been in possession for three years or upwards next before such Registration—or being a householder within such district occupying a Tenement within the
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limits of the Town, of the clear annual value of Ten Pounds—or without the limits of a Town, of the clear annual value of Five Pounds, having resided therein six calendar months next before such Registration as aforesaid, shall, if duly registered be entitled to vote at the Election of a Superintendent of a Province, or of Member or Members of the Provincial Council thereof, or of a Member or Members of the House of Representatives, Provided that he is not an alien—and that he has not at any time heretofore been attainted or convicted of any treason, felony, or any infamous offence within any part of Her Majesty's Dominions, unless he shall have received a free pardon, or shall have undergone the sentence or punishment to which he shall have been adjudged for such offence.
23. No person shall be qualified to vote at the Election of any Superintendent of a Province, or of any Member of the House of Representatives, or of the Members of the Provincial Council of any of the Provinces as aforesaid, unless he shall prefer a claim to the right of voting, and unless such claim be duly enrolled as hereafter prescribed.
24. Every such Claim shall be in writing, and shall state the name of the District or Districts in respect of which it shall be made, and shall be signed by the Claimant, or by some other person in his name and by his authority, and shall state also the place of abode and calling or business of the Claimant, and the qualification in respect of which such Claim may be made.
25. No such Claim as aforesaid shall be received unless it be made between the 15th day of April next and the 15th day of May next, or in the month of April in some succeeding year.
Where to be preferred for certain Districts.
26. Every person claiming a right to vote for the Election of the Members of the House of Representatives—of the Superintendent—or of the Members of the Provincial Council in the following Districts:—
Province of Auckland.
| 1. | The City of Auckland, |
| 2. | The Suburbs of Auckland, |
| 3. | The Pensioner Settlements, |
| 4. | The Northern Division, |
| 5. | The Southern Division, |
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shall deliver his claim, or cause the same to be delivered, at the Police Office at Auckland.
shall deliver his claim, or cause the same to be delivered, at the Police Office at Russell.
Province of New Plymouth.
| 1. | The Town of New Plymouth, |
| 2. | The Grey and Bell Districts, |
| 3. | The Omata District, |
shall deliver his claim, or cause the same to be delivered, at the Police Office at New Plymouth.
Province of Wellington.
| 1. | The City of Wellington, |
| 2. | The Wellington Country District, |
shall deliver his claim, or cause the same to be delivered, at the Resident Magistrate's Office at Wellington.
| 3. | The Hutt, |
| 4. | The Wairarapa and Hawke's Bay District, |
shall deliver his Claim, or cause the same to be delivered, at the Resident Magistrate's Office in the Valley of the Hutt.
| 5. | The Wanganui and Rangitikei districts, |
shall deliver his Claim, or cause the same to be delivered, at the Resident Magistrate's Office at Wanganui.
Province of Nelson.
shall deliver his Claim, or cause the same to be delivered, at the Resident Magistrate's Office at Nelson.
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East District, the Waimea West District, the Waimea Soulh District, respectively (as the case may be), as the Resident Magistrate at Nelson may, by public notice, direct and appoint.
| 6. | The Motueka and Massacre Bay Districts, |
shall deliver his claim, or cause the same to be delivered, at such place in the Motueka District as the Resident Magistrate at Nelson may, by public notice, direct and appoint.
shall deliver his Claim, or cause the same to be delivered, at such place as the Resident Magistrate at Nelson may, by public notice, direct and appoint.
Province of Canterbury.
| 1. | The Town of Christchurch, |
| 2. | The Christchurch Country District, |
shall deliver his Claim, or cause the same to be delivered, at the Resident Magistrate's Office at Christchurch, or at such other place or places as the Resident Magistrate at Lyttelton may, by public notice, direct and appoint.
shall deliver his Claim, or cause the same to be delivered at the Resident Magistrate's Office at Lyttelton.
shall deliver his Claim, or cause the same to be delivered, at the Resident Magistrate's Office at Akaroa.
Province of Otago.
| 1. | The Town of Dunedin, |
| 2. | The Dunedin Country District, |
shall deliver his Claim, or cause the same to be delivered at the Resident Magistrate's Office Dunedin, or at such other place or places as the Resident Magistrate at Dunedin may, by public notice, direct and appoint.
List of Claims to be prepared.
27. On the Fifteenth day of May next, and on the Thirtieth to to day of April in every succeeding year, or as soon after as conveniently may be, the Resident Magistrate, or some other fit person or persons to be appointed by the Governor in that behalf, at each of the above-named offices in the respective Districts in the Islands of New Zealand and several Provinces as aforesaid, shall respectively cause a list to be prepared of the Claims which have been delivered at such re
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spective offices as aforesaid, in pursuance of this Proclamation, setting forth the Christian and Surname of every Claimant at full length, together with his place of abode, calling, or business, and the ground on which his claim may be made, and arranging the names in alphabetical order, and classing them for the several Districts for which they may respectively claim to be entitled to vote.
28. On or before the Fifteenth day of June next, every such
Resident Magistrate, or other person as aforesaid, shall, as soon as conveniently may be, cause a copy of the List of Claims, and in the month of June, in every succeeding year, shall cause a copy of the List of Claims which may have been preferred in pursuance of this Proclamation, together with a copy of the Electoral Roll then in force, to be posted in some conspicuous place in the District, to which the said List and Roll shall especially relate, and shall subjoin thereto a Notice, that all objections thereto will be heard and determined at a meeting of Justices open to the Public, and to be held on a day to be specified in such Notice, not being more than one calendar month after the date thereof.
29. Each such Resident Magistrate or other person shall
Justice to prepare Electoral Roll.
call a Special Meeting of the Justices of the Peace, residing within the District or Districts to which the said Claims may relate, to be held on the day so to be specified as aforesaid, for the purpose of hearing and determining objections to such List and Roll as aforesaid, and of forming the Roll for the ensuing year of persons qualified to vote under the provisions of the said recited Ordinance.
30. Any person whose name shall be on any such List or
Roll may object to any other person as not entitled to have his name retained on the Electoral Roll. Rut the person so objecting shall, ten days at least before the day appointed for the formation of such Electoral Roll, cause notice in writing of such objection, and of the ground thereof, to be given to the Resident Magistrate or other the person acting for the District, and also to the person objected to.
31. At the meeting to be held for the formation of the said
Electoral Roll how to be formed.
Electoral Roll, or at some adjournment of such meeting, the Justices (any two being a quorum) shall retain on the List of Claims, and on the Roll then in force, the names of all persons to whom no objection shall have been duly made, and shall also retain on the said Lists and Rolls the name of every person
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who shall have been objected to, unless the party objecting shall appear in person in support of such objections, and shall also prove due service of his notice of objection.
Proof of Qualification in what case required.
32. In case the party objecting shall make his objections in person, and shall prove such service of notice as aforesaid, the Court shall require proof of the qualification of the person so objected to : and in case the qualification of such person shall not be proved to the satisfaction of the Court, the name of such person shall be expunged from the List or Roll. The Court shall also expunge therefrom the name of every person who shall be proved to be dead, and shall correct any mistake, or shall supply any omission, which should be proved to have been made therein respectively, in respect of the name or the place of abode of any person who shall be included therein, or in respect of the local description of his property : and the Lists and Roll so corrected shall form the Electoral Roll for the ensuing year, and shall be signed by the Resident Magistrate, or other the person presiding at such meeting of Justices as aforesaid.
The Electoral Roll how long in force.
33. The persons whose names shall be so enrolled thereon shall be deemed and taken to be the Electors of the District until the completion of the "Electoral Roll" for the year next ensuing : and every person whose name shall appear upon such " Electoral Roll" shall be deemed and taken to be duly qualified to vote fur the District in respect of which his name shall appear upon such Roll without any further or other inquiry, revision, or scrutiny whatever. And when the name of any person claiming to be placed upon such Roll shall once have been duly enrolled thereon, such name shall from year to year continue to be published as aforesaid, and be retained on the Electoral Roll for the time being without any further claim on the part of the Elector, until his name be objected to and shall be duly expunged in manner hereinbefore prescribed.
Copy of Electoral Roll to be published.
34. As soon as conveniently may be after the annual revision of such Roll, the Resident Magistrate, or such other person as aforesaid, shall cause copies thereof to be published for general information: and the original Roll shall be preserved by him as long as it shall remain in force, open to the inspection of any Elector, at reasonable times, on payment of one shilling.
Province of Auckland.
35. The Polling Places for the following Districts in the Province of Auckland, viz.:—
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| 1. | The City of Auckland, |
| 2. | The Suburbs of Auckland, |
| 3. | The Northern Division, |
shall be at some convenient place in the City of Auckland to be specified by the Returning Officer.
| 4. | The Pensioner Settlements, |
| 5. | The Southern Division, |
shall be at some convenient place in the village of Onehunga to be specified by the Returning Officer.
shall be at some convenient place in the Town of Russell to be specified by the Returning Officer.
Province of New Plymouth.
The Polling Places for the following Districts in the Province of New Plymouth, viz.:—
| 1. | The Town of New Plymouth, |
| 2. | The Grey and Bell Districts, |
| 3. | The Omata District, |
shall be at some convenient place in the Town of New Plymouth to be specified by the Returning Officer.
Province of Wellington.
The Polling Places for the following Districts in the Province of Wellington, viz:—
| 1. | The City of Wellington, |
| 2. | The Wellington Country District, |
shall be at some convenient place in the City of Wellington to be specified by the Returning Officer.
shall be at some convenient place in the Valley of the Hutt to be specified by the Returning Officer.
| 4. | The Wairarapa and Hawke's Bay Districts, shall be at some convenient place or places to be specified by the Returning Officer. |
| 5. | The Wanganui and Rangitikei Districts, shall be at some convenient place at Wanganui to be specified by the Returning Officer. |
Province of Nelson.
The Polling Places for the following Districts in the Province of Nelson, viz.:—
| 1. | The Town of Nelson, shall be at some convenient place in the Town of Nelson to be specified by the Returning Officer. |
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| 1. | The Waimea Districts, |
| 2. | The Suburban Districts, |
| 3. | The Waimea East District, |
| 4. | The Waimea West District, |
| 5. | The Waimea South District, |
shall, for the Election of the Members of the House of Representatives, be at some convenient place or places in the Waimea District, or for the Election of the Superintendent or Members of the Provincial Council, at some convenient place or places in the Suburban Districts, the Waimea East District, the Waimea West District, the Waimea South District, respectively (as the case may be), to be specified by the Returning Officer.
| 6. | The Motueka and Massacre Bay Districts, |
shall be at some convenient place or places in the Motueka District to be specified by the Returning Officer.
shall be at some convenient place or places to be specified by the Returning Officer.
Province of Canterbury.
The Polling Places for the following Districts in the Province of Canterbury, viz.:—
| 1. | The Town of Christchurch, |
| 2. | The Christchurch Country District, |
shall be at some convenient place in the Town of Christchurch to be specified by the Returning Officer.
shall be at some convenient place in the Town of Lyttelton to be specified by the Returning Officer.
shall be at some convenient place at Akaroa to be specified by the Returning Officer.
Province of Otago.
The Polling Places for the following Districts in the Province of Otago, viz.:—
| 1. | The Town of Dunedin, |
| 2. | The Dunedin Country District, |
shall be at some convenient place or places in the Town of Dunedin or in the Dunedin Country District to be specified by the Returning Officer.
Additional Polling Places,
36. If additional Polling Places are found necessary for any of the Districts in the above mentioned Provinces, they shall
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be at such places as the Governor, or the Superintendent of the Province may, from time to time, by public notice, appoint.
37. The Principal Returning Officer of the Capital Town of
Principal Returning Officers of Capital Towns.
each Province shall be the Resident Magistrate of the District in which such Capital Town is situated, or such other person as the Governor may from time to time appoint.
The Returning Officers for the above mentioned Electoral
Districts in the Islands of New Zealand, and situated respectively in the Provinces above named, shall be the Resident Magistrate residing in the District, or such other person as the Governor, or the person deputed by him in that behalf, may from time to time appoint.
38. The Writs for the Election of the Superintendents of
Provinces, of the Members of the House of Representatives, Elections, and of the Members of the Provincial Councils, shall be issued by the Governor under his hand, and shall be directed to the Returning Officer for the District, and shall state the number of days within which such Writs shall be made returnable to the said Governor.
39. Whenever it shall be established to the satisfaction of
Issue of writs for supplying vacancies in Provincial Councils.
the Superintendent of any one of the Provinces as aforesaid, that the seat of any Member of the Provincial Council of such Province has become vacant, the Superintendent shall forthwith issue a Writ for the Election of a new Member to serve in the place so vacated during the remainder of the term of the continuance of such Council, and no longer.
40. The Returning Officer shall endorse on the Writ the
Days for Nomination and Election how fixed.
Days for day on which he may have received it, and shall fix the day Nomination and elected how fixed. Nomination, and also the day on which the voting, if necessary, shall take place, and shall give not less than Fourteen days' Public Notice thereof respectively.
41. On the day of Nomination so to be fixed as aforesaid,
Returning Officer to preside at Nomination.
the Returning Officer shall preside at a meeting to be holden at noon, at the chief Polling Place for the District, and shall declare the purpose for which such meeting is held: And if at such meeting there be no more candidates proposed than the number of Members to be returned, the Returning Officer shall declare such Candidate or Candidates to be duly elected, and shall make his return accordingly.
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42. In the event of there being more Candidates than the number to be elected, the Returning Officer shall call for a show of hands separately in favour of each Candidate, and after such shew of hands, shall declare the person or persons on whom the Election has fallen, and shall return the same accordingly, unless a Poll be demanded by some one of the Candidates, or by not less than six Electors on his behalf.
In case a Poll be demanded.
43. On such demand as aforesaid being made for a Poll, the Polling shall be taken on the day so to be fixed as aforesaid, the voting to commence at any time after nine o'clock of the said day, and to close at four o'clock in the afternoon of the same day.
44. The Polling shall take place before the Returning Officer or his Deputy, and the voting shall be conducted in the manner following, that is to say,—
45. Every Elector for the District may vote for any number of persons not exceeding the number of persons then to be chosen, by delivering to the Returning Officer or his Deputy a Voting Paper containing the Christian names and Surnames of the persons for whom he votes, together with their place of abode and description, and signed with the name of the Elector so voting, and setting forth his own place of abode and description.
What enquiry may be made.
46. No enquiry shall be permitted at any such Election as to the right of any person to vote except only as follows: that is to say, the Returning Officer or his deputy shall, if required by any two Electors for the District, put to any voter at the time of his delivering in of his Voting Paper, and not afterwards, the following questions, and no others:—
| 1. | Are you the person whose name is signed as (A.B.) to the Voting Paper now delivered in by you ? |
| 2. | Are you the person whose name appears as (A.B.) on the Electoral Roll now in force for the District of ( ) ? |
| 3. | Have you already voted at the present Election ? |
And no person required to answer any of the said questions shall be permitted or qualified to vote until he shall have answered the same, the first two affirmatively, and the last negatively.
State of the Poll in certain cases to be declared.
47. As soon as conveniently may be after the Election of Members of the House of Representatives, and of Members of the Provincial Council, shall have been held, the Returning
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Officer for the District shall, at the place of nomination, openly declare the state of the Poll, and shall at the same time declare the name or names of the person or persons who may have been duly elected at such election. And in the event of the number of votes being found to have been equal for any two or more Candidates, he shall by his casting vote declare which of the said Candidates shall be elected: Provided that no Returning Officer shall vote at any Election of which he is the Returning Officer, except in the case of an equality of votes as aforesaid.
48. The name or names of the person or persons so elected
Names of Persons elected Members of the House of Representatives or of a Provincial Council to be inserted in Writ.
as Member of a Provincial Council, or as Member of the House of Representatives, shall be inserted in or endorsed upon the Writ by the Returning Officer; and such Writ shall be returned by him to the Governor or to the Superintendent, in the case of an Election to supply a vacancy in the Provincial Council within the time by which such Writ may be returnable.
49. As soon as conveniently may be after the voting for the
State of the Poll in certain cases to be declared.
Election of a Superintendent of a Province has closed in any Electoral District, the Returning Officer of such District shall openly declare the state of the Poll, and shall, as soon as conveniently may be, transmit a certified copy of the same to the Principal Returning Officer of the Capital Town of the Province for which such Election may have taken place; and such Principal Returning Officer, so soon as he has received from the several Returning Officers of each Electoral District in the Province certified copies of the state of the Poll in each District, shall openly declare and publicly notify the same; and shall at the same time openly declare and publicly notify the name of the person who may have been duly elected at such Election, by a majority of the voters of the whole Province, to be Superintendent thereof: And, in the event of the number of votes being found to have been equal for any two or more Candidates, such Principal Returning Officer shall, by his casting vote, declare which of the said Candidates shall be elected; provided that such Principal Returning Officer shall not vote at the Election for the Superintendent of the Province of which he is Principal Returning Officer, except in the case of an equality of votes as aforesaid.
50. The Returning Officer for each Electoral District, at the
State of the Poll in each District to be inserted in Writ at Elcction for Superintendent.
Election for the office of Superintendent, shall insert in or endorse upon the Writ the state of the Poll when the voting n the District closed; and such Writ shall then be returned
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by him to the Governor within the time by which such Writ may be returnable.
Voting Papers to be preserved.
51. The Voting Papers, at such Election, shall be kept, for the space of six calendar months after such Election, by the Returning Officer, who shall permit any Elector to inspect the same upon payment of one shilling.
New Writ in certain cases.
52. In case any Writ to be issued by the Governor, or by any Superintendent, for supplying a vacancy shall not be duly executed, or in case no valid Election shall be made by virtue thereof, the Governor or Superintendent, as the case may be, shall issue a new Writ, directing the Returning Officer to proceed to a Public Election, in manner and subject to the provisions hereinbefore prescribed.
Objections to validity of Return of Superintendents.
53. All complaints of the undue return of Superintendents of Provinces shall be addressed in the form of Petition to the Governor of New Zealand, stating the general objections. But co such Petition shall be noticed, nor any proceedings taken thereon, unless it be signed by some person who was a Candidate at the Election whereof it may be alleged that an undue Return was made, or by a number of persons who voted, or were qualified to have voted at the said Election, amounting to not less than one-twentieth of the whole number on the List of Electors; and no such Petition shall be noticed which shall not be delivered to the Principal Returning Officer of the Capital Town of the Province, for immediate transmission to the Governor, within fourteen days from the day of Election; nor unless a copy thereof shall have been served upon the party whose Return shall be objected to within such period of fourteen days as aforesaid.
Objections to validity of Members of the House of Representatives.
54. All complaints of the undue Return of Members to serve in the House of Representatives shall be addressed in the form of Petition to the Governor, stating the ground of objection. But no Petition shall be noticed, nor any proceedings had thereon, unless it be signed by some person who was a Candidate at the Election whereof it may be alleged that an undue Return was made, or by a number of persons who voted, or who were qualified to have voted at the said Election, amounting to not less than one-twentieth of the whole number on the List of Electors; and no such Petition shall be noticed which shall not be delivered to the Returning Officer of the District, for immediate transmission to the Governor, within twenty-one days from the day of Election; nor unless a copy thereof shall have been served upon the party whose Return
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shall be objected to within such period of twenty-one days as aforesaid. Within ten days after any such Petition shall have been received at the Office of the Civil Secretary from the Returning Officer, if the General Assembly be then sitting, or if the Assembly be not then sitting, within ten days after its next meeting, the Governor, or some other person duly authorised by him in that behalf, shall cause such Petition to be referred to the said General Assembly, and the validity of the Return so complained of shall be decided by such General Assembly, or by such other tribunal and in such manner as the said Assembly shall direct and appoint.
55. All complaints of the undue return of Members to serve
Objections to Validity of Return of Members of Provincial Council.
in the Provincial Councils shall be addressed in the form of Petition to the Superintendent of the Province, stating the ground of objection. But no Petition shall be noticed, nor any proceedings had thereon, unless it be signed by some person who was a Candidate at the Election whereof it may be alleged that an undue return was made, or by a number of persons who voted, or who were qualified to have voted at the said Election, amounting to not less than one-twentieth of the whole number on the List of Electors. And no such Petition shall be noticed which shall not be delivered to the Returning Officer of the District, for immediate transmission to the Superintendent of the Province, within twenty-one days from the day of Election; nor unless a copy thereof shall have been served upon the party whose return shall be objected to within such period of twenty-one days as aforesaid. Within ten days after any such Petition shall have been received bv the Superintendent from the Returning Officer, if the said Council be then sitting, or if the Council be not then sitting, within ten days after its next meeting the Superintendent, or some other person duly authorised by him in that behalf, shall cause such Petition to be referred to the said Council, and the validity of the Return so complained of shall be decided by such Council, or by such other tribunal and in such manner as the said Council shall direct and appoint.
56.
And I hereby Further Proclaim and
Declare, That
Auckland, New Plymouth, Wellington, Nelson, Christchurch, Lyttelton, and Dunedin, to be deemed Towns for purposes of Proclamation:—and Auckland, New Plymouth, Wellington, Nelson, Christchurch, and Dunedin, to be deemed Capital Towns for the purposes of this Proclamation.
Auckland, New Plymouth, Wellington, Nelson, Christchurch, Lyttelton, and Dunedin, shall be deemed and taken to be Towns for the purposes of this Proclamation:
And I hereby Further Proclaim and
Declare, That, for the purposes of this Proclamation, the Town of Auckland shall be deemed and taken to be the Capital Town of the Province of Auckland; the Town of New Plymouth to be the Capital Town of the Province of New Plymouth; the Town of Wellington to be the Capital
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Town of the Province of Wellington; the Town of Nelson to be the Capital Town of the Province of Nelson; the Town of Christchurch to be the Capital Town of the Province of Canterbury; and the Town of Dunedin to be the Capital Town of the Province of Otago.
57. This Proclamation shall take effect from the day of the date hereof.
Given under my hand, and issued under the Public Seal of the Islands of New Zealand, at Government-House,
Proclamation to take effect from date.
(l. s.) at Wellington, in the Province of Wellington, in the Islands aforesaid, this Fifth day of March, in the year of our Lord one thousand eight hundred and fifty-three.
G. Grey,
Governor-in-Chief.
By His Excellency's command,
Alfred Domett,
Civil Secretary.
God Save the Queen!
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limits of the Town, of the clear annual value of Ten Pounds—or without the limits of a Town, of the clear annual value of Five Pounds, having resided therein six calendar months next before such Registration as aforesaid, shall, if duly registered be entitled to vote at the Election of a Superintendent of a Province, or of Member or Members of the Provincial Council thereof, or of a Member or Members of the House of Representatives, Provided that he is not an alien—and that he has not at any time heretofore been attainted or convicted of any treason, felony, or any infamous offence within any part of Her Majesty's Dominions, unless he shall have received a free pardon, or shall have undergone the sentence or punishment to which he shall have been adjudged for such offence.
spective offices as aforesaid, in pursuance of this Proclamation, setting forth the Christian and Surname of every Claimant at full length, together with his place of abode, calling, or business, and the ground on which his claim may be made, and arranging the names in alphabetical order, and classing them for the several Districts for which they may respectively claim to be entitled to vote.
who shall have been objected to, unless the party objecting shall appear in person in support of such objections, and shall also prove due service of his notice of objection.
be at such places as the Governor, or the Superintendent of the Province may, from time to time, by public notice, appoint.
by him to the Governor within the time by which such Writ may be returnable.
shall be objected to within such period of twenty-one days as aforesaid. Within ten days after any such Petition shall have been received at the Office of the Civil Secretary from the Returning Officer, if the General Assembly be then sitting, or if the Assembly be not then sitting, within ten days after its next meeting, the Governor, or some other person duly authorised by him in that behalf, shall cause such Petition to be referred to the said General Assembly, and the validity of the Return so complained of shall be decided by such General Assembly, or by such other tribunal and in such manner as the said Assembly shall direct and appoint.