Status Of Norfolk

Island

Interesting Point Based on Confused Position in 1856-1913

“In 1856 Norfolk Island was severed from Tasmania, and created a distinct and separate settlement under the jurisdiction of New South Wales. In 1896 it was made a dependency under the Governor of that Colony, and was adminis tered by the Chief Secretary’s Department through a resident Chief Magistrate, in whom was vested the executive government of the settlement, and the supervision of its penal affairs. In 1913, however, a Bill was passed by the Federal Parliament providing for the taking over of the island as a territory of the Common wealth. The Act came into force on the Ist July, 1914.” —Extract from Commonwealth Year Book.

IN a broadcast address a few weeks ago, Mr. R. W. Robson, editor of “Pacific Islands Monthly,” remarked on the fact that Norfolk Island is now garri soned by New Zealand soldiers, although “Norfolk Island is and always has been an Australian territory.”

This has brought a challenge from Mr.

Samuel Hadley, of Swains Avenue, Moor bank, Liverpool, NSW, who insists that Norfolk Island legally has been an inde pendent colony of the British Crown since 1856 (when it was abandoned by the Australian authorities and handed over to the surplus people oi Pitcairn Island), and that its status as an inde pendent colony never has been legally altered.

The issues raised are much too compli cated for the “PIM” —the unravelling of the tangle of Orders-in-Council, Acts, commands, official letters, etc., relating to the status of Norfolk Island, listed by Mr. Hadley and extending over 150 years, would occupy a constitutional lawyer for a long time.

A summary of the data supplied by Mr.

Hadley follows. It would appear to us that, even if the status of Norfolk Island after 1856 was in doubt (was it a Crown Colony or a dependency of NSW?), the position was resolved by the Act of 1913, by which it became a Territory of the Commonwealth of Australia.

IN 1788, Norfolk Island was occupied by a garrison, and convicts. In 1802 there came an Imperial command to the Governor of the settlement at Syd ney to evacuate NI and in 1813 it was abandoned. In 1826 it was re-occupied as a prison settlement; and in 1844 it was annexed to the settlement of Van Diemen’s Land (Tasmania) by Act of the Imperial Parliament.

In 1856 it was separated from the Col ony of Tasmania by Order-in-Council, and erected into a separate and distinct colony, called Norfolk Island. Certain instructions then were issued by the Sec retary of State to the Governor of the Colony of NSW, under seal, relating to the inhabitants of Pitcairn’s Island.

Norfolk Island was officially abandoned to the people of Pitcairn Island (who arrived there on June 8, 1856) by Cap tain Fremantle, of HMS “June,” on June 25, 1856—but this in no way affected the British command over the island, as established by the order of February 25, 1847.

The Great Seal of the Colony of Nor folk Island was delivered to the Magis trate appointed by the Pitcairn Islanders on Norfolk, hy Captain Fortesque Moresby, of HMS “Iris,” on December 21, 1856.

In 1857, in a letter to the Secretary of State for the Colonies, Governor Deni son of NSW said: “I have not been appointed Governor of Norfolk Island.”

In a letter dated August 19, 1858, Gov

ernor Denison, writing to certain officials in Norfolk Island, refers to “the Great Seal of the Colony.”

DURING the next ten years, the islanders refused Bishop Selwyn and other authorities of the Anglican Church permission to land and found a mission; but an appeal was then made to the Governor of NSW. The latter declared that he had the legal right to permit the establishment of the Melanesian Mission on NI and he sold 1,000 acres of land to the Mission, to enable the latter to establish headquarters there. This brought about a long wrangle between the people of NI and the Governor of NSW, concerning the latter’s authority over the island.

In 1858, the NSW Governor’s authority to make laws for NI or impose other laws upon that place was legally challenged; the challenge was referred by the NSW Supreme Court to the Privy Council; the Council sent it back to the Supreme Court for determination; and the Sup reme Court held that no authority in one Colony could make laws for or impose other laws upon another Colony, In may be noted that the Governor of NSW (Lord Belmore) twice in 1868 directed attention in correspondence to the fact that he had not yet received his appointment as Governor of Norfolk Island—meaning, apparently, that the lack of this appointment deprived him of authority over Norfolk Island,

(Continued Overleaf)

THERE was trouble again in 1881, when the people of NI objected to some thing done by the Governor of NSW (Lord Loftus) and challenged his authority; and agitations were reported at intervals during the next twenty years, when the islanders insisted upon exercising their rights and privileges as a free people. Two NSW Ministers (Wise and O’Connor) visited NI in 1896, and promised that a judge should be sent to hear their case. This was not done.

Instead, an armed guard was sent from Sydney to the island, under Commander Oliver; all laws operating in NI were abolished by Sir Frederick Darling, Act ing-Governor of NSW; and the laws in force in NSW in 1857 were declared to be the laws of NI. The people’s magis trate, Byron Adams, was deposed, and a Captain Spalding was sent to govern NI, This was referred to later as “the annexation of Norfolk Island.”

In 1897, Earl Hampden became Gov ernor of NSW. The people of NI had petitioned the Queen of England, who replied that, notwithstanding anything that had been done, Byron Adams, the elected magistrate of NI, was to remain magistrate. Mr. Joseph Chamberlain, Secretary for the Colonies, wrote, with reference to “the annexation” of Norfolk Island, that he had consulted the law officers, who stated that “Norfolk Island cannot be annexed to any other Colony.”

The Queen wrote: “Norfolk Island has

been and still is subject only to our royal instructions.”

However, New South Wales continued to exercise administrative authority; and the islanders, although they repeatedly protested and challenged, had to accept that authority.

Little has been heard of NI “indepen dence” since it became an Australian Territory nearly 30 years ago, but Mr.

Hadley’s letter shows that some people there still would like to claim the privi leges which they believe were conferred in 1856.