1873: New Zealand Excessive Legislation Mania Prevention Bill

September 20, 2022

By AHNZ

Today in history, 20 September, 1873, the Otago Witness proposed a new law: THE NEW ZEALAND EXCESSIVE LEGISLATION MANIA PREVENTION BILL

“PREAMBLE. Whereas the members of the Government, and also: private members of the General Assembly of New Zealand, have all alike been seized with a dangerous mania for crude, needless, or injurious legislation, which has heretofore occasioned much loss of valuable time, good paper, and hard cash: And whereas also the Statute Book of the said Colony has thereby become an involved mass of intricate and, inexplicable Chinese puzzle law, to the grievous detriment of…” – Otago Witness (1873,) Papers Past

“After a few years’ successful editorship on the part of Mr. Murison, the Otago Daily Times and Witness property was…” – Otago Witness (1898,) Papers Past

“It would be better to have no laws at all, than to have too many.” – Montaigne

“The more laws, the less justice.” – Cicero

Unfortunately this law was not passed and the problem it was intended to solve has become larger than the drafter could possibly have ever imagined.

What prompted this excellent, Anarchic, draft legislation?

In April of the same year Julius Vogel had become Prime Minister. This was partly Otago’s fault because he was one of their Members and had climbed to power as a newspaperman. Specifically, he was the first editor of twin papers Otago Daily Times and Otago Witness until mid-1868 when he was rejected. Vogal, unpopular in Otago now, had left and been elected (1871) in Auckland instead. The province perceived him as being hostile to them and they were being hostile right back!

The editor of the Otago Daily Times  and of the Otago Witness as well, at this time was William Murison. As well has occupying Vogel’s old editor job/s he is also the man who beat Vogel from being re-elected to parliament using the Waikouaiti electorate. Vogal turned to another Otago electorate to keep a seat before evacuating to Auckland East.

Since coming to power Vogel produced a barrage of legislation as if chucking mud at a wall. Some would stick, some would not. Vogel didn’t care if one of his proposals was shot down. Many of his bills were but it was ‘water off a ducks back’ to him and he kept on taking the ones he could get. This was a rejection of social and spiritual Victorian ideals and the start of a 20-year deterioration period. Earlier men would have resigned from being Premier when it was clear their measures were not wanted.

Vogal’s personality, perhaps for being a Jew or a newspaper editor, injected a new ethic into government conduct. An editor’s daily task is to layout his newspaper by including news and advertisements or holding them back for another day. Some are sent back to his reporters for re-writes, some hit the cutting room floor and will never be published. Some stories are bent and buried to serve paying interests. Part of this editor’s job is being a butcher. That’s how the newspapers get made. Butchers cannot be sentimental or apologetic about their process. The New Zealand Prime Minister’s contemporary in ‘Germany’ was Prime Minister Otto von Bismarck at this time and is frequently quoted as having put it this way: Laws are like sausages. It’s better not to see them being made. Julius Vogel had introduced this butchers/editors ethic into New Zealand lawmaking. Many politicians groomed to be likewise shameless in the media world would follow in his footsteps (eg. John Ballance.)

Vogel, according to the Lyttleton Times, had changed the game, writing: “For the first time in the history of the Colonial Legislature, Ministers openly declared that they were prepared to shape their policy according to the dictation of a majority in the House.” If modern New Zealanders find this behavior on the part of politicians normal it is because we expect no less than power-seeking. Earlier administrations had a culture of standing or falling for the policy they believed in. The Vogel Gang, now, did not.

“In short, the impression has been conveyed that the retention of place, and not the carrying out of a definite policy, was their main object throughout the session.” the Lyttleton Times said. We had a Ministry that was blatantly for gaining and keeping power first and foremost, policy and promises second. A new, low, standard had been set for anyone who wanted to form a government.

“…eleven important measures promised in the Governor’s speech bad not been passed, and several had not even been introduced. He might have gone farther. Many of the bills to which he refers were abandoned by the Government when the pulse of the House had been felt, and when it was found that the current of opinion was not favorable. And it should not be forgotten that the Premier  changed front in a conspicuous manner after a caucus of Southern members had decided against his proposals for taking land as security for future railways. ” – LT (1873,) Papers Past

Some laws that did make it to Vogel’s final cut…

The Imbecile Passengers Act (1873)–  Anyone “lunatic idiotic deaf dumb blind or infirm, and likely in his opinion to become a charge upon the public or upon any public or charitable institution, the Superintendent shall require the..master..a bond to Her Majesty..of one hundred pounds for every such passenger..”

Province of Westland Act (1873) – The last of the provinces to be created

Free Dominated Immigration (October 1873)– The Vogal Gang taxed New Zealanders to provide a free ride to immigrants. A disaster.

In the New Year, Vogel flexed his Central Government muscles more. He made Wellington the permanent capital and proceeded to annihilate the Provinces. He turned an economic recession into a depression (The Long Depression.) New Zealanders had abandoned integrity in their leaders and would be made to pay the price for it over and over.

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Image ref. Getty, Forbes

Ref. Murison, ODT (1930,) Papers Past

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