Colony of New Zealand

The Colony of New Zealand was a British colony that existed in New Zealand from 1841 to 1907, created as a Crown colony. The power of the British Government was vested in the governor of New Zealand, but the colony was granted self-government in 1852. The New Zealand Constitution Act 1852 was passed and the first parliament was elected in 1853; the first responsible government was formed in 1856. The Colony of New Zealand had three capitals: Old Russell (1841), Auckland (1841–1865), and Wellington (after 1865). In 1907, the colony became the Dominion of New Zealand with a more explicit recognition of self-government within the British Empire.

Colony of New Zealand
1841–1907
Flag 1902–1907 (top) 1841–1902 (bottom) Royal coat of arms
Motto: "Dieu et mon droit" "God and my right"
Anthem: "God Save the Queen/King"
Status	Colony of the United Kingdom
Capital	Old Russell (1841) Auckland (1841–1865) Wellington (1865–1907)
Common languages	English, Māori
Government	Crown colony (1841–1852) Self-governing colony (1852–1907)
Monarch
• 1841–1901	Victoria
• 1901–1907	Edward VII
Governor
• 1841–1842	William Hobson (first)
• 1904–1907	William Plunket (last)
Premier
• 1856	Henry Sewell (first)
• 1906–1907	Joseph Ward (last)
Legislature	General Assembly^1
• Upper chamber	Legislative Council
• Lower chamber	House of Representatives
Historical era	Victorian era
• Separation from Colony of New South Wales	3 May 1841[1] 1841
• New Zealand Constitution Act 1852	30 June 1852
• Dominion status	26 September 1907
Currency	New Zealand pound
ISO 3166 code	NZ
Preceded by Succeeded by Colony of New South Wales United Tribes of New Zealand Dominion of New Zealand
1. The General Assembly first sat in 1854, under the provisions of the New Zealand Constitution Act 1852.

Establishment

William Hobson, the first Governor of New Zealand and co-author of the Treaty of Waitangi

Following the proclamation of sovereignty over New Zealand from Sydney in January 1840, Captain William Hobson came to New Zealand and issued the same proclamation on 1 February 1840.[2] The Treaty of Waitangi was subsequently signed on 6 February 1840, William Hobson declaring British sovereignty over the islands of New Zealand on 21 May 1840 in two separate formal declarations. In the first declaration, Hobson declared British sovereignty over the North Island. The basis for the claim over the North Island was the Treaty of Waitangi between the Māori and the British Crown. In the English version of the treaty, Māori ceded sovereignty in return for the rights, privileges and protection of being a British subject. However, the Māori translation of the treaty referred to kawanatanga which is generally translated as governance rather than sovereignty and this point remains a subject of much controversy and political debate.[3] In the second declaration, Hobson declared British sovereignty over the South Island and Stewart Island on the basis of "first discovery" by Captain James Cook in 1769.

Initially, New Zealand was part of the Colony of New South Wales, and Lieutenant-Governor Hobson was answerable to his superior, the Governor of New South Wales. By letters patent, the British Government issued the Charter for Erecting the Colony of New Zealand on 16 November 1840.[1] The Charter stated that the Colony of New Zealand would be established as a Crown colony separate from New South Wales on 3 May 1841.[1]

Crown colony

The provinces of New Zealand, as they were originally established, in 1841, with the creation of the colony

With the establishment of the Crown colony, Hobson became Governor of New Zealand. The first organs of the New Zealand Government were also established to assist the Governor: an Executive Council and a legislative council.[4]

The Executive Council consisted of the attorney-general, colonial secretary, and colonial treasurer. The Legislative Council consisted of the governor, Executive Council, and three justices of the peace appointed by the governor.[4] The Legislative Council had the power to issue Ordinances, statutory instruments.[5]

The colony was divided into three provinces: New Ulster Province (the North Island), New Munster Province (the South Island), and New Leinster Province (Stewart Island).

Self-governing colony

1899 map of the Colony of New Zealand and its counties

As new European settlements were founded in the colony, demands for self-government became louder. The New Zealand Company settlement of Port Nicholson (Wellington) had its own elected council, which was forcibly dissolved by Lieutenant-Governor William Hobson in 1840.[6] Later, Wellington became the centre of agitation by settlers for representative government led by Samuel Revans, who founded the Wellington Settlers' Constitutional Association in 1848.[7]

The first New Zealand Constitution Act was passed in 1846, though Governor George Grey was opposed to provisions that would divide the country into European and Māori districts. As a result, almost all of the Act was suspended for six years pending a new Act of 1852, with the only operative part of the 1846 Act being the creation of New Zealand's first provinces. In the meantime, Grey drafted his own Act which established both provincial and central representative assemblies, and allowed for Māori districts[8] and an elected governor. The latter proposal was rejected by the Parliament of the United Kingdom when it adopted Grey's constitution.

1851 population estimates

The six provinces formed in 1853 were Auckland, New Plymouth, Wellington, Nelson, Canterbury, and Otago, though in 1858 New Plymouth was renamed Taranaki.

District / Settlement	Males	Females	Total	Percent
Auckland
Auckland	5,282	4,148	9,430	35.3%
Windsor (near Auckland)
Bay of Islands
Hokianga
Smaller settlements
New Plymouth	845	687	1,532	5.7%
Wellington	3,613	2,796	6,409	24.0%
New Ulster	9,740	7,631	17,371	65.0%
Nelson	2,317	1,970	4,287	16.1%
Canterbury
Akaroa	1,965	1,308	3,273	12.3%
Rest of province
Otago	1,013	763	1,776	6.6%
New Munster	2,978	2,071	9,336	35.0%
Colony of New Zealand	15,035	11,672	26,707	100.0%
Source: Dominion Committee[9] Blue Books[10][11]

1852 Constitution Act

The second New Zealand Constitution Act was passed in 1852 and became the central constitutional document of the colony. It created the General Assembly, which consisted of the Legislative Council and an elected House of Representatives.[12] The first general election for the House of Representatives was held on between 14 July and 1 October 1853. The 1st New Zealand Parliament was opened on 24 May 1854.[13] The Administrator of Government, Robert Wynyard, was quickly confronted by the demands of the new parliament that responsible government be granted to the colony immediately; on 2 June the House of Representatives passed a resolution, sponsored by Edward Gibbon Wakefield, to that effect. Wynyard refused, stating that the Colonial Office made no mention of responsible government in its dispatches. The Executive Council advised Wynyard against implementing responsible government, and in the meantime he sent a dispatch to London requesting clarification. Wynyard then offered to add some elected members of parliament to the Executive Council, and appointed James FitzGerald, Henry Sewell and Frederick Weld to the council. The compromise worked for a few weeks but on 1 August parliament demanded complete power to appoint ministers. Wynyard refused, and all three MPs resigned from the council. In response, Wynyard prorogued parliament for two weeks. On 31 August, he appointed Thomas Forsaith, Jerningham Wakefield and James Macandrew to the Executive Council, but when parliament met again, it moved a motion of no confidence in the members.

Parliament met on 8 August 1855, by which time Wynyard had received instructions from the Colonial Office to introduce responsible government. The new governor, Sir Thomas Gore Browne, arrived on 6 September 1855 and relieved Wynyard of his duties.[14] On 28 January 1858, Wynyard was appointed to the Legislative Council.[15]

Governor Thomas Gore Browne subsequently announced that self-government would begin with the 2nd New Zealand Parliament, elected in 1855.[16] Henry Sewell was asked by the governor to form a government, now known as the Sewell Ministry. He became colonial secretary—effectively the first Premier of New Zealand—on 7 May.[17] Sewell's government was short-lived, however. The leader of the provincialist (pro-provinces) faction, William Fox, defeated Sewell's government on 20 May 1856.[18] Fox himself, however, did not retain office for long, being defeated by Edward Stafford, a moderate.

Elevation to Dominion

See also: Independence of New Zealand

In 1907, Edward VII declared New Zealand to be a Dominion.

The Colony of New Zealand continued until 26 September 1907, when, as a result of a decision by the 1907 Imperial Conference and by request of the New Zealand government, King Edward VII declared New Zealand to be a Dominion. On the same day, the King issued another Royal Proclamation granting the Colony of Newfoundland the status of Dominion of Newfoundland. The 1907 change from Colony to Dominion was largely symbolic, and New Zealand did not become independent until the General Assembly of New Zealand enacted the Statute of Westminster Adoption Act 1947, which applied the Statute of Westminster 1931 to the Dominion of New Zealand (although the United Kingdom retained the right to legislate for New Zealand at its request); certain colonial enactments survived for sometime after—the New Zealand Constitution Act 1852 was finally replaced by the Constitution Act 1986.

Royal Proclamation

A Royal Proclamation granting New Zealand Dominion status was issued on 26 September 1907.

It read – "Edward R. & I. Whereas We have on the Petition of the Members of the Legislative Council and House of Representatives of Our Colony of New Zealand determined that the title of Dominion of New Zealand shall be substituted for that of the Colony of New Zealand as the designation of the said Colony, We have therefore by and with the advice of Our Privy Council thought fit to issue this Our Royal Proclamation and We do ordain, declare and command that on and after the twenty-sixth day of September, one thousand nine hundred and seven, the said Colony of New Zealand and the territory belonging thereto shall be called and known by the title of the Dominion of New Zealand. And We hereby give Our Commands to all Public Departments accordingly. Given at Our Court at Buckingham Palace, this ninth day of September, in the year of Our Lord one thousand nine hundred and seven, and in the seventh year of Our Reign. God save the King."[19]

Symbols

Further information: Flag of New Zealand

The first flag used by the Colony of New Zealand was the British Union Flag. This began to change with the Colonial Naval Defence Act 1865, which required all ships owned by colonial governments to fly the defaced Royal Navy blue ensign with a colonial badge. New Zealand did not have a colonial badge, or indeed a coat of arms of its own at this stage, and so the letters "NZ" were added to the blue ensign.[20] The Colony New Zealand used the same royal coat of arms as the United Kingdom.

In 1869, Albert Hastings Markham, a first lieutenant on the Royal Navy vessel HMS Blanche, submitted a national ensign design to Sir George Bowen, the Governor of New Zealand.[21] It was initially used only on government ships, but was adopted as the de facto national flag in a surge of patriotism arising from the Second Boer War in 1902. To end confusion between the various designs of the flag, the Liberal Government passed the Ensign and Code Signals Bill, which was approved by King Edward VII on 24 March 1902,[22] declaring the flag as New Zealand's national flag.

• 
  The Union Flag was used exclusively until 1867.
• 
  The naval flag of New Zealand, 1867–1869
• 
  The national flag 1869, formally adopted in 1902

See also

• History of New Zealand
• List of Governors of New Zealand

References

1. Moon 2010, p. 66.
2. Before Hobson. T Simpson. Blythwood Press. Wellington. 2015.
3. "Differences between the texts – Read the Treaty". NZ History. Retrieved 19 December 2016.
4. "Crown colony era – the Governor-General". 30 August 2012. Retrieved 13 October 2012.
5. "NO. 21. – CHARTER FOR ERECTING THE COLONY OF NEW ZEALAND, AND FOR CREATING AND ESTABLISHING A LEGISLATIVE COUNCIL AND AN EXECUTIVE COUNCIL, AND FOR GRANTING CERTAIN POWERS AND AUTHORITIES TO THE GOVERNOR FOR THE TIME BEING OF THE SAID COLONY". Victoria University of Wellington. Retrieved 13 October 2012.
6. Simpson, K. A. "Hobson, William". Dictionary of New Zealand Biography. Ministry for Culture and Heritage. Retrieved 12 July 2015.
7. Coleridge, Kathleen A. "Samuel Revans". Dictionary of New Zealand Biography. Ministry for Culture and Heritage. Retrieved 25 January 2010.
8. "Constitution Act 1852 – English Version". 30 June 1852. Retrieved 13 October 2012.
9. DOMINION POPULATION COMMITTEE (REPORTS OF THE) (Mr. James Thorn, Chairman)
10. Blue Books: Statistics Information 1840 – 1855 Archives New Zealand Download: Archived 25 March 2019 at the Wayback Machine New Munster population | (Page 133)
11. Appendix to the Journals of the House of Representatives of New Zealand By New Zealand. Parliament. House of Representatives
12. Wilson, John (March 2009). "Government and nation – The constitution [See Pages 2 and 3]". Te Ara: The Encyclopedia of New Zealand. Retrieved 2 February 2011.
13. Gavin McLean (2006), The Governors, Otago University Press, p. 50
14. Rogers, Frank. "Wynyard, Robert Henry". Dictionary of New Zealand Biography. Ministry for Culture and Heritage. Retrieved 9 February 2012.
15. Scholefield, Guy (1950) [First ed. published 1913]. New Zealand Parliamentary Record, 1840–1949 (3rd ed.). Wellington: Govt. Printer. p. 88.
16. McIntyre, W. David. "Sewell, Henry". Dictionary of New Zealand Biography. Ministry for Culture and Heritage. Retrieved 12 February 2012.
17. McIntyre, W. David. "FitzGerald, James Edward". Dictionary of New Zealand Biography. Ministry for Culture and Heritage. Retrieved 15 September 2012.
18. Scholefield 1950, p. 31.
19. See Proclamation of the Dominion of New Zealand (London, 9 September 1907), archived on WikiSource
20. Volker Preuß. "Flagge Neuseeland" (in German). Retrieved 7 September 2003.
21. "Rear-Admiral Sir Albert Hastings Markham, Norfolk Museums and Archeology Service". Archived from the original on 2 June 2008. Retrieved 18 November 2008.
22. "New Zealand Signalling Ensign" (in Italian). rbvex.it. Retrieved 20 August 2004.

Bibliography

• Moon, Paul (2010). New Zealand Birth Certificates – 50 of New Zealand's Founding Documents. AUT Media. ISBN 9780958299718.
• Peter Spiller et al. (2001, 2nd ed.) A New Zealand Legal History (Brookers: Wellington).