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Ross Dependency

New Zealand's territorial claim in Antarctica

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Through Antarctica, Circular sector and United Kingdom

The Dependency takes its name from Sir James Clark Ross, who discovered the Ross Sea, and includes part of Victoria Land and most of the Ross Ice Shelf. Ross, Balleny, Scott and Roosevelt Islands also form part of the Dependency.

History of claim

Following his discovery of Victoria Land in 1841, James Clark Ross took possession of this territory, along with the surrounding sea, on behalf of Britain. On 30 July 1923, the British Government passed an Order in Council under the British Settlements Act 1887, which defined the current borders of the Ross Dependency as follows:

From and after the publication of this Order in the Government Gazette of the Dominion of New Zealand that part of His Majesty's Dominions in the Antarctic Seas, which comprises all the islands and territories between the 160th degree of East Longitude and the 150th degree of West Longitude which are situated south of the 60th degree of South Latitude shall be named the Ross Dependency.

The Order in Council then went on to appoint the governor-general and commander-in-chief of New Zealand as the governor of the territory. This Order in Council was published in the New Zealand Gazette on 16 August 1923, and on 14 November 1923, the governor-general issued regulations extending New Zealand law to the Ross Dependency.

After the Order in Council was read in the New Zealand House of Representatives by the Prime Minister of New Zealand William Massey, a clarification was made by the Attorney-General Sir Francis Bell in the legislative council. Bell stated:

The boundaries of New Zealand are not extended to include the Ross sea and adjacent lands. His Majesty's delegation to the Governor-General of New Zealand did not confer upon the government or parliament of New Zealand the same powers as were vested by the Constitution Act in respect of the Dominion itself. It might be assumed that in the administration of the Ross Dependency that he would invite advice from his New Zealand ministers and it was certain that details would be entrusted to the New Zealand Government. But his excellency was required in all matters of legislation and regulation for the Ross Territory to comply with instructions from the colonial secretary. There was no reason to believe that the Colonial Office would give such instructions without prior consultation with the Government of the Dominion, but the part which the New Zealand Government had agreed to take in enabling His Majesty to exercise jurisdiction in and over the Ross Territory must be taken on behalf of the Empire as a whole and not specially in the interests of New Zealand.

It has been said that the Order in Council contained no suggestion of a transfer to New Zealand of the United Kingdom's claim, but the fact remains that the territory is administered by the Government of New Zealand. Technically, the claim is that of the monarch and they can exercise it through any of their governments.

At an Imperial Conference in 1930, it was agreed that the governors-general of the Dominions would be appointed by the king on the advice of the Dominion in question. And following the passing of the Statute of Westminster in 1931 (which was adopted in full by New Zealand in 1947), the Government of the United Kingdom relinquished all control over the government of New Zealand. This however had no bearing on the obligations of the governor-general of New Zealand in their capacity as governor of the Ross Dependency on the appointment of the Government of the United Kingdom. Then in the year 1959, the Antarctic Treaty was signed by twelve nations, which included both the United Kingdom and New Zealand.

The New Zealand government began to take some interest in the territory in 1955. As reliance on the United Kingdom waned, New Zealand's exercise of authority began to rely on the United States, which maintained a much larger presence in the territory, despite the United States not recognising the New Zealand claim and reserving the right to make a claim of its own. The New Zealand Scott Base was established close to the American McMurdo Station, and Americans in the territory are exempt from taxation, customs, and criminal jurisdiction in minor matters.

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