Angels and Eagles

A personal response to the constitutional change being forced on Norfolk Island by Australia. Will we lose far more than we gain?

Thursday, March 23, 2006

A POTTED HISTORY

GOVERNANCE OF THE PITCAIRN AND NORFOLK COMMUNITY

Younger people and newcomers may wonder what all the fuss is about.
"Why fight so hard for something you have only had for 27 years?" "Haven't you managed under Australian and colonial rule up until that time?"
I shall attempt to give a very simplified outline of the way this community has been governed since the Mutiny.

1789-1838
After an initial period of violence and disruption, the Tahitian women and the children of the Bounty settle down to a peaceful and orderly existence under the benevolent eye of their "patriarch" John Adams
1838
With the assistance of Capt. Elliot of HMS Fly, a list of rules and laws is drawn up, which involves the whole community electing a Chief Magistrate each year. Pitcairn is the first place in the British Empire to give the vote to women and also at this time makes arrangements for compulsory education of children 6-16. At this time, the community formally comes under the British Crown.

"Unique in History, the Pitcairn Laws offer an insight into the islanders' priorities and their virtually unprecedented dedication to conservation, education and democracy" (HELL AND PARADISE by Peter Clarke)
1856
The Pitcairn community migrates en masse to Norfolk Island, which they believe has been ceded to them according to the wishes of Queen Victoria, and where they will be allowed to live without interference according to their own laws and customs.

June 24, 1856
An Order of H.M. Queen Victoria in Council makes Norfolk Island "a separate and distinct settlement" within the British Empire.

1857
Governor Dennison assists the community in drawing up 39 Laws and Regulations. The practice of electing a Chief Magistrate continues. For the next 40 years, the community enjoys a form of self-government.
1866
Melanesian Mission is allowed to acquire about 1000 acres, and Pitcairners realise they do not have control over the land on their island. However, things proceed relatively peacefully.
1896
Viscount Hampden, Governor of both NSW and Norfolk Island, abolishes all existing laws and makes new ones. He brings Norfolk Island effectively under the NSW Government. Chief Magistrate is no longer elected, but the position is filled by an outside appointee. This causes great anger in the community.
At this time, New Zealand makes noises about the possibility of assuming control of the island instead of Australia.
1913-14
Britain transfers control of the island to the Commonwealth. The role of Administrator and Chief Magistrate are combined.
There follows, over the ensuing decades, alternating periods of calm and discontent, often depending on the attitude, competence and goodwill of the incumbent Administrator and Federal Government.
1935
Role of Administrator and Judiciary are separated
Eight member elected Advisory Council established. This replaces the Executive Council which had the majority of members appointed by the Administrator, and only had responsibility for minor municipal matters such as roads.

1954-5
When the Australian Government proclaims a new Customs Ordinance, the islanders petition Her Majesty the Queen to repeal the Ordinance, to give back their right to control of their own affairs, and to create a new constitution or restore the one they had received from Queen Victoria.

1957-60
Norfolk Island Act 1957 is passed but does not come into operation until 1960. The Advisory Council is to be replaced by Norfolk Island Council with greater control over island affairs. This is actually rejected by the first Council elected under the new system, because they said they were only given responsibility for municipal matters, the Adminstrator retained power of veto, they had too little control over revenues and would have to raise local taxes to pay for the areas under their control. The status quo (Advisory Council with Administrator as chairman) continues, with the Council able to give advice relating to the peace, order and good government of the island. There is continuing friction, mainly because of the lack of control over spending of moneys raised on the island.

1965
H.S. (Sid) Newbery goes to court to challenge the Commonwealth's authority to make laws for Norfolk Island, saying that Hampden's action in repealing all Norfolk laws in 1896 was invalid.
Newbery lost the case, and was refused right to appeal.
1975-6
The Nimmo Royal Commission recommends either abandoning the island, or incorporating it into a Canberra electorate, and bringing it under Commonwealth Law and Comonwealth Taxation and Social Welfare regimes.
1976-78
The Norfolk Island Council and community strongly opposes the Report's recommendations. An appeal is made to the U.N. (but not processed.)
1979
After an initial period of reluctance, the Australian Government grants Norfolk Island a degree of self-government, which is to be progressed and expanded over a period of time. There is to be a nine member Legislative Assembly, responsible for raising its own revenues. Role of Administrator continues to look after Australia's interests. Timetable for the handing over of powers, however, does not proceed as expected.

2006
It is up to you, me, and our Government to speak up and act!
Do not let them take it away from us again.

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