New Zealand Constitution Act 1852

[2] The definition of franchise or the ability to vote excluded all women, most Māori, all non-British people and those with convictions for serious offences.

The rapid demographic changes as new immigrants arrived meant a new, democratic style of government had to be established to replace the dictatorial Crown Colony system.

The first settlement of the company, Wellington, briefly had its own elected council during 1840, which dissolved itself on the instruction of Lieutenant Governor William Hobson.

The first New Zealand Constitution Act was passed in 1846, though Governor George Grey was opposed to its implementation, specifically the proposed division of the country into European and Māori districts, and stated that settlers were not ready for self-government.

[11] Sections 2 to 28 dealt with the Provinces of New Zealand, setting out their establishment,[12] composition, elections, powers and procedures.

Each Provincial Council consisted of no less than nine members,[13] elected by men over the age of 21 years, owning freehold estate, living in the district and with a £50 or above income per annum.

[32] The Legislative Council was an appointed body of no less than ten councillors (with a quorum of five),[33] who were at least 21 years old and British subjects.

[34] Legislative Councillors held their seats for life,[35] unless they resigned,[36] or were bankrupted or swore allegiance to a foreign power.

[37] The Constitution stated the governor was empowered to grant, refuse and reserve assent to Bills passed by the General Assembly.

As a result, the Constitution provided for a quarter of the proceeds of land sales would go to the New Zealand Company until the debt was paid off.

Because the land for settlement of Otago had originally been purchased by the New Zealand Company, the Constitution both restated the Crown's ability to dispose of the land (subject to existing purchase agreements),[44] and protected the Otago Association from being directly regulated by the General Assembly.

This session was concerned primarily with the issue of responsible government, or the ability of the Colonial parliament instead of the governor to appoint its own ministers.

A motion was passed almost unanimously affirming the ability of Parliament to appoint its own executive council members.

After fresh elections the 2nd Parliament met, and the new governor, Sir Thomas Gore Browne, asked Henry Sewell to form the first responsible ministry.

This amendment repealed the sections of the Constitution Act relating to the Legislative Council so that the New Zealand General Assembly, now Parliament, became a unicameral (single-chamber) legislature.

By the time of its repeal, only 18 of the Act's original 82 sections remained, of which a number were regarded as no longer effective.

The 1852 Constitution Act established the Provinces of New Zealand .