DESPATCHES.

Hawke's Bay Times, Volume II, Issue 74, 27 November 1862, Page 2

DESPATCHES.

Colonial Secretary’s Office, Auckland, 13th Nov. 18G2. The following despatches with their enclosures from her Majesty’s principal secretary of state for the colonies are published for general information. F. D. Bell, In the absence of Mr. Domett. Downing-street, Aug 19, 1862. &IR = —I enclose the copy of an act of parliament, passed during the last session, respecting the establishment of new provinces and the management of native lands in New Zealand. 2. Your despatch No. 20, of the 25th of November, ISGI, brought to my notice a series of objections, to which, in the opinion of your law officers, the colonial new provinces act'remained liable, notwithstanding the passing of the imperial act of 1861. These are fully stated in a memorandum drawn up by Mr. Sewell, your attorneygeneral. J 3. Passing by various questions of detail, the broad legal objection to the colonial act appears to be this that whereas by various clauses of the imperial act of parliament, 15 and 16 Victoria, c.ip, / 2, some alterable and some unalterable, the superintendent, with the advice of his council (a, body of which ho cannot lawfully bo made a member), is authorised to make laws for the administration of the province, the colonial act transfers in effect the legislative powers of the superintendent to the governor, giving to the former officer the power of sitting in the council, in which he is probably intended to occupy the place of presiden t or speaker. *l. iiiis liiixdauicnt'al difference appears to bo the key to the inconsistencies between the Imperial and Colonial Legislation, which are pointed out in Mr. Sewell s Memorandum. 5. Now it appears to me that tiie constitution of the Provincial Legislatures may very properly In? left to the decision of the General Assembly o'f New Zealand., subject only to these reservations ; first that these subordinate Legislatures shall be required to adhere to the rule which places the initiation of the money votes in the hands of the Government (15 and To Vic., C. 72, Sec. 25) ; and secondly, that the Provincial Laws not liable to disallowance by Her Majesty's Bcpresentative m tiie Colony (15 and 16 Vie., C. 72, See. 28 and —5), and shall be confined to subjects on which the final decision may safely be entrusted to that Bcpresentative (15 and 16 Vie., G. 72 See., 19). 6. It is plain that the provisions of the New Provinces Act in no degree impair, and, by enlarging the power of tiie Governor, in one respect materially strengthen, the security thus required by the home government ; and'l therefore not only consider that Act unobjectionable in this respect, but would gladly see it extended to the existing provinces. 7. i had therefore no hesitation in proposing to Parliament a bill to give validity to the Colo° nial New Provinces Act as it stands, and to enable the General Assembly to deal as they please with the administrative and legislative constitutions of the provinces, subject only to such limitations as would secure the objects which I have indicated. S. You will perceive that the first seven clauses of this Act which I enclose are calculated of effect these objects. 9. The 7th clause is a repetition of the 4th clause of the Act of last .year, and I think it is as well to explain that it is intended to meet a doubt which might be raised upon (ho application of various clauses of the Constitutional Act. The Third Section of that Act provided for the establishment of a Council for each of the Provinces thereby established and for cverv Province thereafter to be established “ as thereinafter provided" (hat is to say, in virtue of the non-re-pcalrd 69!h section. 10. It might be doubted therefore to what extent (ho third and some of the subsequent clauses of the Constitutional Act would apply to Provinces established not “as thereinafter provided,” but in virtue of a Colonial enactment. This doubt the 7th clause of the Act now forwarded is intended to set at rest. 11. The Sth clause of the Act which enables the General Assembly to repeal the 73rd clause of the Constitutional Act will, as I am advised, place it in (ho power of that body to legislate freely respecting the disposition of Native Lands and to pass if they shall think fit, the Bill of which a draft was enclosed in your Despatch No. 39 of the 9th April last. I have not however thought it is advisable to add a clause giving the Governor the power of provisional Legislation. If immediate legislation is of vital importance the General Assembly can be summoned for the purpose, but I do not desire in the present posture of affairs to intervene by imperial legislation in order to enable the Executive to anticipate their decision. I have, etc., Newcastle, Governor Sir George Grey, K. C. E., «fcc., dec., <tc. "W iitereas by' An Act of the Session holden in the fifteenth and sixteenth Years of her Majesty intituled An Act to grant a representative Constitution to the Colony of Now Zealand it was provided that certain Provinces therein mentioned should bo established in the said Colony and that in every such Province there should to a Provincial Council and that there should be in the said Colony a General Assembly competent to make ■Laws ior the Peace em-r aim guuu Guveriinieu!' of tiie same and by the Sixty-ninth Section of

the said Act it was further provided that it should bo lawful for the said General Assembly to constitute new Provinces in the said Colony and to appoint the Number of Members of which the Provincial Councils thereof should consist and to alter the Boundaries of any Provinces for the time being existing provided always that any Bill for any of the said Purposes should bo reserved for the Signification of her Majesty’s Pleasure thereon And whereas by an Act of the Session holden in the Twentieth and Twenty-first Years |of Her Majesty intituled An Act to amend An Act for granting a representative Constitution to the Colony of New Zealand it was enacted that the Sixty-ninth Seetiou of the said first recited Act should bo repealed and that it should be lawful for the said General Assembly to alter suspend or repeal all or any of the Provisions of the said Act except certain Sections therein specified; And where as the said. General Assembly by an Act passed in a Session holden in the Twenty-first and Twenty-second Years of Her Majesty, intituled An Act to provide for the establishment of New Provinces in New Zealand, or more shortly “ The New Provinces Act 1858,” did authorize the Governor of the said Colony to establish such New Provinces in manner therein mentioned and the said Governor did establish certain New Provinces accordingly and whereas Doubts are entertained whether it was competent to the said General Assembly to make such provision and to the said Governor to establish such now Provinces as aforesaid And whereas for the removing of such doubts an Act was passed in the now last Session of Parliament intituled An Act to declare the Validity of an Act passed by the General Assembly of New Zealand intituled ‘An Act to provide for the Establishment of New Provinces in New Zealand:’ And whereas it is expedient to repeal the said last mentioned Act of Parliament and to make Prcsh Provisions respecting the Establishment of new Provinces in New Zealand Be it therefore enacted by the Queen’s most Excellent Majc-'sty by and with the advice and consent of the Lords spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same as follows : 1. The said last mentioned Act of Parliament shall be and the same is hereby repealed. 2. The said New Provinces Act 1858 (except so far as the same shall have been altered by any Act subsequently passed by the said General Assembly shall be and be deemed to have been from the Date of the passing thereof valid and effectual for all Purposes whatever and all Matters and Things done under and in pursuance of authority created or given or expressed to be created or given by the same Act shall be deemed to have been of the same Force and Effect as if the said Act and every thing therein contained had from the above mentioned Date been actually so valid as aforesaid. 3. Subject to the Conditions hereinafter mentioned, it shall be lawful for f ho said general assembly, by any act or acts to be by them from time to time passed, to establish or provide for the establishment of new provinces in the colony of New Zealand, and to alter or to provide for the alteration of the boundaries of any provinces for the time being existing in !ho said colony, and to make provision for the administration of any such provinces and for the passing of laws for the peace, order, and good government thereof, and therein to repeal or alter any of the provisions of the two first hereinbefore recited acts of parliament relating to such provinces, or to the superintendents and provincial councils thereof. T. it shall not be lawful for the general assembly to make any law inconsistent with the following provisions ; that is to say, (1.) In every province of New Zealand there shall be any officer designated the Superintendent, who, unless any provision shall be made to the contrary in any act of the general assembly, shall be capable of being elected and acting as a member of the council of the same province : (2.) No provincial law shall take effect until it shall have received the assent in writing either of the said Superintendent or of the Governor of New Zealand ; (3.) In giving or refusing his assent to any provincial law, or in reserving the same for the signification of the Governor's pleasure, the Superintendent shall conform to such instructions in writing as lie may from time to time receive from the Governor: (I.) In case the Superintendent shall assent to any provincial law lie shall forthwith transmit to the Governor an authentic copy thereof; (5.) It shall be lawful for the Governor at any time after the date of such assent, and until the expiration of three months after such authentic copy of any provincial law shall have been received by him to dcclai'e by prclamation his disallowance of such law, and such disallowance shall make void and annul the same from and after the day of the date of such proclamation or any subsequent day to bo named therein : (6.) It shall not be lawful for the council or other legislative body of any province to pass, or for the Superintendent or Governor to assent to, any bill appropriating any money to the public service, unless the Superintendent or Governor shall first have recommended to the council to make provision for the specific service to which sueli money is to be appropriated, and no such money shall be issued or made issuable except by warrants to be granted by the Superintendent or Governor. (7.) It shall not bs lawful for any such council or other body as aforesaid to pass, and for the said Superintendent or Governor to assent to, any law which shall be repugnant to the law of England or to any enactment of the said General Assembly. 5. It shall not be competent to the Governor of New Zealand to assent to any bill passed by the legislature of New Zealand which shall repeal or alter any of the provisions of the nineteenth clause of the first hereinbefore recited Act of Parliament but the said Govi-iTior (unices be shall refuse In? assent to such bill) shall reserve the same for the signification of her Majesty’s pleasure. {). So much of the two first hereinbefore recited

Acts of Parliament as is inconsistent with the provisions of this Act is hereby repealed. 7. Subject to the provisions of this Act, and of the said New Provinces Act, the said two first hereinbefore recited Acts of parliament shall apply to all provinces at any time existing in Now Zealand, in like manner, and subject to the same conditions as the same apply to provinces established by the first hereinbefore recited Act of parliament. 8. And whereas it is expedient to enable the General Assembly of Now Zealand to repeal the seventy third section of the first hereinbefore recited Act of parliament: Be it further enacted as follows (that is to say) : It shall be lawful for the said General Assembly to alter or repeal all or any of the provisions contained in the said section, and no Act passed by the said General Assembly, nor any part of such Act, shall be or bo deemed to have been invalid by reason tliat the same is repugnant to any of the said provisions. t). In the construction of this Act the term “Governor ” shall mean the person for the time being, lawfully administering the government of New Zealand.