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.
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, and the Provinces of New Zealand.

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 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:
Sessionfromtolocation
124 May 184110 July 1841Auckland
214 December 184115 March 1842Auckland
39 January 184413 January 1844Auckland
314 May 184418 July 1844Auckland
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.
MemberOffice heldAppointedRetired
William HobsonGovernor3 May 184110 September 1842
Willoughby ShortlandColonial Secretary3 May 184126 December 1843
Willoughby ShortlandAdministrator10 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
William Field Porter27 October 18416 June 1844
Alexander ShepherdColonial Treasurer9 May 1842
Robert FitzRoyGovernor26 December 184317 November 1845
Andrew SinclairColonial Secretary8 January 1844
Charles Clifford13 May 18443 March 1845
William Brown13 May 18443 March 1845
William Brown16 July 184716 November 1848
Samuel Martin13 May 18443 March 1845
Frederick Whitaker3 March 184522 December 1845
William Donnelly3 March 184522 December 1845
William Donnelly30 September 18464 August 1847
Theophilus Heale3 March 184522 December 1845
George GreyGovernor18 November 1845
Alfred Domett30 September 184614 February 1848
Alfred DomettColonial Secretary of New Munster14 February 1848
Alexander Kennedy30 September 184616 July 1847
Alexander Kennedy16 November 1848
Frederick Merriman9 August 1847
Frederick Merriman16 November 1848
Edward John EyreLieut-Governor of New Munster28 January 18487 March 1853
William Anson McClevertyCommander of the Forces28 January 1848
Henry William PetreColonial Treasurer of New Munster28 January 1848
Charles Whybrow LigarSurveyor-General16 November 1848
Robert Clapham Barstow16 November 1848
Dillon Bell20 December 1848
William Hickson20 December 1848
Daniel WakefieldAttorney-General of New Munster21 December 1848
William Hulme24 July 1849
Henry Matson24 July 1849
Sampson Kempthorne24 July 1849
George Dean PittLieut-Governor of New Ulster1 August 18498 January 1851
Stephen CarkeekCollector of Customs19 May 1851
William Mein Smith19 May 1851
Constantine Augustus Dillon3 June 185116 April 1853
William Cautley3 June 18512 August 1851
George Cutfield3 June 18512 August 1851

;Table footnotes
member present during the twelfth session

member not present during the twelfth session