Immigration and Public Works Act

This act was passed in 1870 and and was one of three Acts outlining a whole new policy for the government of the day.

The Immigration and Public Works Loan Act was simple in structure: the appointing of Agents to administer the raising and expending of the monies authorised, with most of the clauses relating to interest rates, repayments and safeguarding transactions.

The Immigration and Public Works Act its self was much more substantial, divided into 9 sections as follows:-

1. Roads in the North Island
2. The construction of Railways and the Middle Island Railway Fund
3. The provision of water supplies for the Gold Fields and their funding
4. The Provisions for the purchase of Land in the North Island and its funding
5. Immigration and what funds are applicable to that purpose
6. Provisions specially for constructing Roads including those in Section 1
7. Provisions specially for constructing Railways including those in Section 2
8. Provisions specially for constructing Water supplies for Gold fields including those in Section 3
9. Miscellaneous

The two sections relating directly to railways are best explained in a little more detail as well as the last.

Section 2. The construction of Railways and the Middle Island Railway Fund

This section is by far the largest of the whole Act and comprises the Clauses 6 - 26 which are summarised as follows:-

Clause 6. Allows specifically for the wishes of the Provinces to be made known to the General Assemby with a clear recommendation from the Governor on whether he agrees or disagrees with the Province's wishes.

Clause 7. The Governor is to arrange reconnaissance surveys from 'Cook's Straits' to Invercargill, from Napier to Wellington and from New Plymouth to Wellington, to determine routes of the Mainlines, employing and dismissing staff as necessary.

Clause 8. Expenses of the a above can be a charge to the Railways Loan account.

Clause 9. Only railways authorised by Parliament can be constructed.

Clause 10. A separate "Middle Island Railway Fund Account" is to be kept and each year an amount equal to what is approved for spending on North Island Roads is to be deposited in this fund. Monies in this fund can only be spent on specific railways in the Middle Island as approved by the General Assembly.

Clause 11. Distribution of money from the Middle Island Railway Fund Account will be in proportion to money paid to to the Middle Island Provinces under "The Payment to Provinces Act 1870" and money not spent one year will still be available to the respective province(s) the following years. However, with regard to Westland, money may also be spent on road works

Clause 12. Railways authorised by the General Assembly may be constructed and supplied with Engines, plant and machinery for working them

Clause 13. Having decided to construct a railway, a Proclamation may be published in the New Zealand Gazette defining the limits of the railway and land that will be taken, and can refer to plans etc deposited with the local Supreme Court. Once such a Proclamation is published the provisions of Part 7 of this Act come into effect for that Railway.

Clause 14. Provincial Superintendents may join in construction contract.

Clause 15. Payment for construction of a railway may be in money, grants of Land, rent of the railway, or guaranteeing a portion of the profits of the railway annually with or without conditions on basis that all will be done to carry out the object of the Act. No Railway so built may be let or sold without approval of the General Assembly.

Clause 16. Any guarantee will be in the form of a guarantee on the amount of interest on capital expenditure not exceeding 6% which cannot exceed one-third of the construction cost.

Clause 17. The Provincial Council can formally recommend that Waste Lands be used as part payment for constructing a railway with the Governor having the final say.

Clause 18. In addition to what is allocated to the Middle Island Railway Fund Account, the Governor may authorize construction of other approved railways in the North and Middle Island from the rest of the Loan allocated for Railways.. and to clarify things, the term 'railway" includes all buildings, pland and machinery necessary or convenient for the use and working of such railway.

Clause 19. Except for money spent from the Middle Island Railway Fund Account, interest on Loan money and sinking fund payments become a charge against each province.

Clause 20. Provinces and Governor may agree to utilise Waste Lands as part payment for charges due for constructing railways.

Clause 21 The Governor may elect to continue any existing contracts involving Waste Lands used in Clause 20

Clause 22. Confiscated Lands taken under under the New Zealand Settlements Act 1863 and its amendments, or the East Coast Act 1868, could be declared Waste Lands, if not already granted or reserved, may be dealt with under clauses 17, 20 or 21 of this Act, subject to certain conditions.

Clause 23. After June 31st 1871, half of a Province's revenue from the Stamp Duties Act 1866, or it amendments shall be applied to expenditure on Railways in that province under Clause 19, and be accumulative but for Westland, "railway' shall mean road as provided for in Clause 11.

Clause 24. The sum of all Land Grants made in compensation for the construction of railways may not exceed 2,500,000 acres nor the total liabilities for the constructions exceed the value ₤7,500,000 with a list of what constitutes a liability, except that cash payments cannot exceed the amounts authorised under the Loan Act

Clause 25. No deviation from the plans will be allowed that involves a increase in expenditure unless approved by the Minister of Public Works in writing. The said Minister must ascertain from the Engineer the estimated cost of the change, and must have consent of the Governor in Council if over ₤500

Section 7. Provisions specially for constructing Railways including those in Section 2.

This is also a larger section comprising clauses 67 - 81 which are summarised below:-

Clause 67. simply defines 3 terms

1. "plan" shall mean the plan deposited at the local Supreme Court
2. "the railway" shall mean the authorised railway being constructed and all works connected with it.
3. "Governor" in the 68th, 70th, 77th, 80th and 81st clauses shall include any person or company to whom the Governor may have been leased the railway, or had its rights of construction conceded, or its rights to construct and maintain conceded, unless stipulated otherwise in such lease or concession.

Clause 68. the Governor is allowed to make the railway as defined, from start to end as proclaimed or shown on the associated plans.

Clause 69. the Governor may take any road or reserve without being required to pay compensation.

Clause 70. the Governor may take or use any land required within the limits of deviation to effect construction.

Clause 71. All owners of land taken, used or damaged by the construction of the railway are entitled to compensation as set out in the Land Clauses Consolidation Act 1863 and its amendments which are now also included in this Act.

Clause 72. Provides protection for affected infants with no guardian in the Colony.

Clause 73. Incorporated the Railway Clauses Consolidation Act 1845' with the current Act but excludes Clauses 7 - 12, 17, 25 - 29, 56, 107, 141, 151, 159, 161 - 164. Then follows an extensive list of terms used in the Imperial Act that have different meanings in New Zealand.

Clause 74. Those affected by land used or taken are to be given a copy of the compensation clauses incorporated into this act.

Clause 75. Land acquired under this act may be leased or sold once it is in formal possession of the Governor

Clause 76. Land purchase and damage compensation is to be paid for out of the Loan money acquired for the construction.

Clause 77. No land can be acquired outside the Limits of Deviation as defined on the plans.

Clause 78. All land engines, carriages, plant and machinery to be vested in the Governor for the public service, unless such railway is leased or conceded, in which case the terms of the Lease or Concession shall apply

Clause 79. ₤50 fine for endangering a railway, or in case of default, up to 6 months prison with or without hard labour

Clause 80. Power to arrest railway employee if found drunk on duty, or doing what could endanger the safe passage of a train with same penalty as above

Clause 81. Tolls, fares and Rates for the carriage of passengers, animals, goods etc. can be set by the Governor in Council

Section 9 Miscellaneous

These final clauses deal with the setting up and running of the Public Works Ministry and Department. They are summarised as follows:-

Clause 91. Sets up the Ministry of Public Works with advisers and a need to present an annual report to Parliament

Clause 92. Sets up the Public Works Department under the control of a Board

Clause 93. Authorizes the appointment of staff to carry out the tasks required at salaries to be determined from time to time and for the first year paid out of the appropriate fund for the work being done, thereafter to be paid out of money to be specially allocated by the general Assembly. There are special provision for engaging the likes of Engineers from overseas.

Clause 94. Provincial Superintendents can only act with the advice of their Executive Council or Provincial Council with respect to authority granted in this Act

Clause 95. Westland County was to be treated as if it was a Province with respect to this act.

Clause 96. Annual Accounts to be prepared and presented to the General Assembly made up to the 30th June

Clause 97. Loan money raised overseas to be paid into "The Public Works Account" which may be drawn against by two or more appointed Agents according to clauses 25 and 26 of "The Public Revenues Act 1867", but orders made to Agents not the Bank.

Clause 98. Requisitions for money from the Bank may be made for amounts required up to 6 months after the date of the requisition and also spanning financial years.

Clause 99. Withdrawing Agents to show proof of authority to the Bank and only withdraw amounts for immediate use.

Clause 100. It is the duty of the Controller (Comptroller in Public Revenues Act?) to issue Orders for cash and ensure each is properly authorized and legal.

Clause 101. Withdrawing Agents to keep accounts withdrawals and spending as prescribed prescribed by the "The Public Revenues Act 1867"

Clause 102. Unused cash to be returned to the bank at the end of each month

Clause 103. All money raised under the Loan Act to be deposited in the Public Works Account, a separate account under the Public Account, and withdrawals as provided according to clauses 25 and 26 of "The Public Revenues Act 1867".

Clause 104. Paymaster-General is to keep a separate bank account for money withdrawn from the Public Works Account for payment authorised.

The Immigration and Public Works Act Amendment Act 1871

This Amendment Act is another piece of substantial legislation, again in 9 Parts. As an amendment Act, it does not replace the original Act, it just add to it.