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1897 Awarua by-election

New Zealand by-election

Field	Value
election_name	1897 Awarua by-election
country	New Zealand
flag_year	1897
type	presidential
ongoing	no
previous_election	1896 New Zealand general election
previous_year	1896 general
next_election	1899 New Zealand general election
next_year	1899 general
election_date
turnout	2,976
image1	[[File:Joseph Ward 1890.jpg	113px]]
candidate1	Joseph Ward
party1	New Zealand Liberal Party
popular_vote1	2,066
percentage1	69.42
image2	[[File:Cuthbert Cowan.jpg	120px]]
candidate2	Cuthbert Cowan
party2	Conservative (New Zealand)
popular_vote2	910
percentage2	30.58
title	Member
before_election	Joseph Ward
after_election	Joseph Ward
before_party	New Zealand Liberal Party
after_party	New Zealand Liberal Party

A by-election was held for the Awarua electorate on 5 August 1897, for the seat vacated by Joseph Ward, which he had held since . Despite having had to resign due to bankruptcy, he exploited a legal loophole and was re-elected to the 13th New Zealand Parliament.

Background and election

Joseph Ward first won election to the electorate in the 1897 election. He held many portfolios in the Seddon Ministry, including that of Treasurer (i.e. Minister of Finance), when Justice Williams declared him "hopelessly insolvent" in 1896. He was forced to resign his portfolios in Cabinet on 16 June. In 1897, he had to file for bankruptcy, and was adjudicated bankrupt on 8 July 1897. He was then legally obliged to resign his seat in Parliament, which he did on 14 July.

A loophole, however, meant that there was nothing to stop him from simply contesting it again. He did so, and was re-elected with an increased majority. His opponent, both in the previous general election in and in the by-election was Cuthbert Cowan, who had previously represented the () and (–1890) electorates.

Parliament passed a special Act on 13 October, the Awarua Seat Enquiry Act 1897, which required the Court of Appeal to urgently decide whether he could be re-elected to Parliament, and the court decided in his favour. The court judgement was published as AJHR H32 of 1897.

Ward actually gained considerable popularity as a result of his financial troubles; Ward was widely seen as a great benefactor of the Southland region, and public perceptions were that he was being persecuted by his enemies over an honest mistake. Gradually, Ward rebuilt his businesses, and paid off his debtors. Richard Seddon, still prime minister, quickly reappointed Ward to Cabinet.

1896 general election result

|reg. electors = 3,887

1897 by-election result

The following table gives the by-election results:

Notes

References

{{DNZB. Bassett. Michael. 2W9. Ward, Joseph George. 26 November 2011. Michael Bassett
"Awarua Seat Enquiry Act 1897".
(1897). ""The Awarua Seat Inquiry Act, 1897," Report of Proceedings and Decision of the Court of Appeal, in the Matter of". Appendix to the Journals of the House of Representatives, 1897 Session II, H-32.
(4 November 1896). "The General Election". [[The Press]].

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by-elections-in-new-zealand 1897-elections-in-new-zealand politics-of-the-southland-region

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