Local Intelligence.

Lyttelton Times, Volume VI, Issue 377, 14 June 1856, Page 7

Local Intelligence.

(From a Provincial Government Gazette.)^ Provincial Secretary's Office, June 16, 1856. His Honor the Superintendent directs the publication of the following despatches for general information.

Joseph Brittan, Provincial Secretary

Colonial Secretary's Office. Auckland, I lth April, 1856,

Sir. —I am directed by his Excellency the Governor to transmit to your Honor the enclosed copy of a despatch dated "27th November, 1855, which has been received from the Secretary of State for the Colonies on certain questions respect ins; the position and rights of the Superintendents^ of Provinces under the constitution of New Zealand.

I have also the honor to forward a copy

of the Table of precedency alluded to in that despatch. I have the honor to be, Sir, Your most obedient servant, ' Ajjdkew Sinclair, Colonial Secretary. His Honor the Superintendent, Canterbury.

Downing-Street, 27th Nov., 1855

Sir, —I have to acknowledge ActingGovernor Wynyard's despatches, No, 63 and 67 of the '25th May and sth of June last, in which certain questions are raised respecting the position and rights of the Superintendents of Provinces under the Constitution of New Zealand. I do not think that either the Constitution Act, or Sir John Pakington's despatch accompanying it, contains anything decisive on those questions, nor can I obtain from precedent any satisfactory rule, there being no precedent applicable to officers of this class. But since reference is made to Her Majesty's Government on these points, it becomes necessary that I should convej' to you their instructions founded on the best consideration which they can give to the subject. 1. With regard to the precedency of the Superintendents. With every disposition to recognise the high position occupied by these officers as elected by the people of each Province to fulfil functions of importance within it, Her Majesty's Government cannot admit that this can gi?e a claim to' the Superintendent of Auckland for precedency above high officers of the General Government and Legislature. Even admitting that there were an analogy between the position of the Provincial Superintendents under the Ntw Zealand Constitution and that of the officers formerly so styled in different colonies, (which is hardly the case their duties being wholly different,) that analogy would fail here, because no local Superintendent under the old Colonial system, could have bet?n at once " in his Province" and at the " seat of Government." The rank of the Superintendent at Auckland cannot be placed higher than that of the " Commissioners or Government agents of Provinces or Districts" in the table contained in the Colonial Regulations. But in the other Provinces there being at present no Lieutenant - Governor, the Superintendent should have precedence of all other persons. 2. I am not sure whether I correctly understand the Acting-Governor as asking for instructions respecting the precedency of the Superintendents in relation to each other. It is a question on which the local Government would be better able to decide (subject to the confirmation of the Crown) than Her Majesty's Government. But if reference is made to me, I should direct that the order of seniority be followed, that is, Superintendents to rank according to the date of their election, such date in the case of those who had served more than once to be that of the first election. 3. The Superintendents are certainly not invested with the power of LieutenantGovernors, or any Executive powers by the Constitution ; and I am not aware that any i executive functions have .since been entrusted to them by the General Legislature : and until such is the case it would seem that their official correspondence with the Governor must be limited to that arising from their Legislative duties defined by the Constitution. But with respect to this official correspondence, Her Majesty's Government think that the dignity and peculiar functions of the Superintendents entitle them to carry it. on direct with the Governor, and not through the medium of the Colonial Secretary, and I do not see that it is possible for me to define beforehand what may be properly called " official" correspondence. 4* It has already been intimated by my

predecessors in this Department that all communications from the Superintendents must be addressed to the Secretary of State through the Governor in the same manner as those from all other parties official or private. Nor do Her Majesty's Government see any reason for altering this rule. On the contrary they are satisfied that whilst its maintenance is essential for order and regularity in the conduct of public business, and for securing to the Secretary of State the fullest available information in respect to the questions which may be submitted to him, it is still more important to the public of New Zealand, in order to maintain the unity of the Executive Government of that Colony as established by its present Constitution.

I have, &c

(Signed)

H. Labotjchere