26 Provisions relating to the abolition of provinces

• Subject to the provisions of any Act passed after the abolition of the provinces by the Abolition of Provinces Act 1875, the following provisions shall be deemed to have had effect from the date of such abolition:

  • (a) the portion of New Zealand included within any province abolished as aforesaid shall be called a provincial district, and bear the same name as the abolished province which it comprised:

  • (b) within the district included within any such province all laws in force therein at the date of the abolition of the province shall, except so far as the same were expressly or impliedly altered or repealed by the aforesaid Act, and so far as the same are applicable, continue in force in such district until altered or repealed by the General Assembly:

  • (c) all powers, duties, and functions which immediately before the date of the abolition as aforesaid of any province were, under or by virtue of any law not expressly or impliedly repealed or altered by the aforesaid Act, vested in or to be exercised or performed by the Superintendent of such abolished province, either alone or with the advice and consent of or on the recommendation of the Executive or Provincial Council of such province, or which by virtue of the Public Reserves Act 1854, or any Act amending the same, or by virtue of any Waste Lands Act or any regulations made thereunder, or otherwise howsoever, would but for the passing of the aforesaid Act have been exercised only under an Ordinance of such abolished province, shall, for the purposes of the district included within such abolished province, vest in and be exercised and performed by the Governor:

  • (d) such powers, duties, and functions may be exercised or performed by the Governor as regards the district with respect to which they may be exercised or performed, whether the Governor is for the time being within such district or not:

  • (e) all powers, duties, and functions which immediately before the date of the abolition of any province were, under or by virtue of any law not expressly or impliedly repealed by the aforesaid Act, vested in or to be exercised or performed by the Provincial Treasurer, Provincial Secretary, or other public officer of such abolished province shall, for the purpose of the district included within such abolished province, vest in and be exercised or performed by any person or persons from time to time appointed for the purpose by the Governor:

  • (f) except as hereinafter provided, all lands, tenements, goods, chattels, money, and things in action, and all real and personal property whatever, and all rights and interests therein which immediately before the date of the abolition of any province were vested in or belonged to the Superintendent of any province as such Superintendent shall, on the date of the abolition thereof, vest in the Crown for the same purposes and objects, and subject to the same powers and conditions, as those for and subject to which they were held by the Superintendent:

  • (g) All revenues and money, and all securities for such money, which on the date of the abolition of any province were the property of or invested on behalf of such province shall, on the date of the abolition thereof, vest in the Crown:

    provided that if at the date of the abolition of any province any moneys or revenues of such province were specifically set apart and available for public works or other purposes within such province, or any district thereof, such moneys or revenues shall be applicable to such purposes accordingly:

  • (h) for the purposes of the last preceding paragraph public works means and includes branch railways, tramways, main roads, public bridges and ferries on main roads, docks, quays, piers, wharves, and harbour-works, reclamation of land from the sea, protection of land from encroachment or destruction by sea or river:

  • (i) all contracts existing immediately before the date of the abolition of any province, and all actions, proceedings, and things begun and not completed at the date of such abolition, of, by, or against the Superintendent of such abolished province, as such, shall belong and attach to and be enforced by and against the Crown:

  • (j) in every Act of the General Assembly, except such as relate to the election of Superintendents and Provincial Councils, and to legislation by such Councils and the appointment of Deputy Superintendents, and to audit of provincial accounts, and matters of a like kind, and in every Act or Ordinance of the Legislature of an abolished province, the words and expressions following shall, with regard to any provincial district, include the meanings hereafter attached to them, that is to say:

    • (i) the word province shall include “provincial district”, and when the name of any abolished province is used, or any province is otherwise expressly referred to, the enactment shall be deemed to mean and apply to the provincial district of that name:

    • (ii) the word Superintendent shall, with respect to such provincial district, mean the Governor, or any person or persons whom the Governor may from time to time appoint to perform those duties and exercise those powers which might, if such duties and powers had to be performed within a province, be exercised or performed by the Superintendent thereof.

    • (iii) the expression Provincial Gazette, or Provincial Government Gazette or other similar expressions shall be deemed to mean the New Zealand Gazette, or such newspaper as from time to time may be appointed by the Governor for the purpose of inserting therein notifications of any kind relating to the government of New Zealand or the administration of government within any provincial district.