Legislative Council Abolition Act 1950

Reprint
as at 19 August 1950

Coat of Arms of New Zealand

Legislative Council Abolition Act 1950

Public Act1950 No 3
Date of assent18 August 1950
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act administered by the Parliamentary Service.


An Act to abolish the Legislative Council

1 Short Title and commencement
  • (1) This Act may be cited as the Legislative Council Abolition Act 1950.

    (2) This Act shall come into force on 1 January 1951.

2 Abolition of Legislative Council
  • (1) The Legislative Council of New Zealand is hereby abolished, and section 32 of the New Zealand Constitution Act 1852 is hereby accordingly amended by omitting the words a Legislative Council.

    (2) The office of member of the Legislative Council and all offices constituted or created therein or in connection therewith are hereby abolished.

    (3) All references in any enactment to the General Assembly or to the Parliament or to the Legislature shall, unless the context otherwise requires, be read as references to the General Assembly consisting of the Governor-General and the House of Representatives.

    (4) All references in any enactment to the Legislative Council and the House of Representatives, or to both Houses of Parliament or of the Legislature or of the General Assembly, or to each House of Parliament or of the Legislature or of the General Assembly, or to either House of Parliament or of the Legislature or of the General Assembly shall, unless the context otherwise requires, be read as references to the House of Representatives.

    (5) The reference to the Clerk of the Legislative Council in paragraph (g) of section 270 of the Legislature Act 1908, and the reference to the Clerk of Parliaments in section 10 of the Acts Interpretation Act 1924, and all other references in any enactment to the Clerk of the Legislative Council or to the Clerk of Parliaments shall, unless the context otherwise requires, be read as references to the Clerk of the House of Representatives.

    (6) The enactments specified in the Schedule are hereby repealed.

    (7) It is hereby declared that no action, claim, or demand whatsoever shall lie in favour of any person or be made by any person against the Crown, or any Minister of the Crown, or any other person for or in respect of any damage, loss, or injury sustained or alleged to have been sustained by reason of the passing of this Act.


Schedule
Enactments repealed

British Nationality and New Zealand Citizenship Act 1948 (1948 No 15)

Amendment(s) incorporated in the Act(s).

Civil List Act 1920 (1920 No 31) (Reprint of Statutes, Vol I, pp 1023, et seq)

Amendment(s) incorporated in the Act(s).

Finance Act (No 3) 1943 (1943 No 15)

Amendment(s) incorporated in the Act(s).

Legislature Act 1908 (1908 No 101) (Reprint of Statutes, Vol VI, p 447)

Amendment(s) incorporated in the Act(s).

Legislature Amendment Act 1913 (1913 No 36) (Reprint of Statutes, Vol VI, p 467)
Legislature Amendment Act 1914 (No 2) (1914 No 65) (Reprint of Statutes, Vol  VI, p 468)
Legislature Amendment Act 1920 (1920 No 82) (Reprint of Statutes, Vol VI, p 469)
Legislative Council Act 1914 (1914 No 59) (Reprint of Statutes, Vol VI, p 583)
Legislative Council Amendment Act 1918 (1918 No 15) (Reprint of Statutes, Vol VI, p 607)
Legislative Council Amendment Act 1920 (1920 No 32) (Reprint of Statutes, Vol VI, p 608)
Statutes Amendment Act 1941 (1941 No 26)

Amendment(s) incorporated in the Act(s).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Legislative Council Abolition Act 1950. The reprint incorporates all the amendments to the Act as at 19 August 1950, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)