Formation of New Provinces. Government House, Auckland, October 22, 1849. (Received April 24,1050.)

New Zealander, Volume 7, Issue 557, 16 August 1851, Page 3

Formation of New Provinces. Government Hous e, Auckland, October 22, 1849. (Received April 24,1050.)

My Loud, — Adverting to your Lordship's Dpspntch, No. 54, of the 13th July, 1813 authorising me to take whatever oteps I might deem n<Ui^ab! a for the formation of a thud province i.i the Middle Island, so as to include the settlement founded at I'ort Otago, I have the honour to state 4h.it hitherto (.lie fact of the population of Otuajo not having amounted to 1,000 souls, and the probability which has arisen of the establishment of, ft settlement at Port Cooper, and the ct cation of a fourth province in t'ace islaads vittrtiT tin* auspices of tbe Canterbury Association, iwp rendered u most advisable* to refrain from taking any f.fppj in reference to declaring the poiiioti of the Middle Itilaud which lies in tbo damty of Gtajro a ucw piovmce. £. I wish nho to point out to your Lordship that it 73 moat prob.ib'e tint there is at present ao authority in Now Zealand which is legally competent to proclaim any new province in additiou to tlia two now existing. 3. By the Act of Parliament, 9 and 10 Vic, c. 103, intituled " An Act to make further provision for the government of the New Zealand Islands," it was dedared to be lawful for Her Majesty to divide the island 3 of New Zealand into two or mow separate provinces ; and by the 3rd section of the New Zealand Charter, of £3id Decamber 18-16, Her Majesty did, in purouance of the above-mentioned Act, ordain and appoint that the islands of New Zealand should be divided into two separate provinces, to be called respectively the "Province of New Ulster" and the " Province of New Mur-sler;" and the Governor-m-Chief win empowered, l<y the fourth chapter of the Instructions, under the Hoys! Signei &ud aisrn-manual rvhioh accompanied the charter, to determine the fcound&ri.'s of tho two provinces by excepting and excluding from the Province of New Ulster certain porcions of ilia Northern Ittaml odjncent <o Cook's Straita, which power having been exercisad by procl?mation by tbe Governor-m-Cbief, all powers vested in him for the purpose of the division of tbe islands into provinces expired, and I apprehend that beforp ho could now proclaim any further provinces in these t°kndg, it would be requisite vhnt he should he empowered to do so by instructions under the Royal fi'»net and sign-manucl aftt.: tho neceisaiy alterations had be6n made in the New Zesknd charter. 4. But I further think that before the islands of NewZealand fti*e dividwJ into other provinces, it would bo extremely desirable that «oro« eltorntion should b» made in the second cb.ipter of tiw Uoyal Instructions which accoropanied the New Z?ataml charter, by which an Executive Council ia constituted for each of the piovinwa into which Net? Zealand may be divided, which Executive Couacil \u nnnle to consist necessarily of tLa Colonial Seo^ctory, the Attorney Ge« a ial, the Colonial Treasure?, r~.d the saaior officer of tho military forces within the f>sOrJi.Co. 5. An Snecutire Council of this kind renders necessary the formation of hk *»xp»-ni«ive Goremment establifibtaeni, aa it is necessary that the remutipratioa giren to oScers holding s?»ts in tlia Executive Council ahouid bear eou>e j/foportion to th^ir rank and the reDponsibility thrown upon them; xrbiht the d'lties of the Eneoutivc Council by vilthholUng them from the duties of their offices, renders nowesary tho pmployrceat of Mjtj't'saa! jwreous in the Goveramoat departments. 6. I think, therefore that it might be found very advaataj«»Hß, las^ncl of tlw niie iaid down in t'.ie existing Royui Instructions, fo provide ti»at the Esecu1:70 Council of ouch province might be composed of aIL the pCTGona at pfea^nt named, or of aay two of them, provided alwnyK that the principal officer of the military foic«D within tbe {-rovanoe, being a field officer, should be one of them. 7. Should yowr Lordship think proper to permit tins. alteration to be made in the Royal Instructions, 1 think jt might be found poMi'ble. in establishing new prnviucc*, to keep the expend itute upon recount of their isareral GorertmiantA niihrn n*riow limits, and even oonsiderftbly to reduce tli*i ex[tendjtu»p on account of tbe Gov.'rnmeat p^ibiis'oiH^ntfc in the existing r>rovincec by trannferi ing; orSeers to the provinces which [ might hereafter be cßUbhiAc 3. ! I have, &c, (Signed) G. Grey. The Right Hon. Earl Grey, &c. &o. &c.