CORRESPONDENCE RELATIVE TO THE ERECTION OF PUBLIC BUILDINGS IN THE PROVINCE OF AUCKLAND.

Appendix to the Journals of the House of Representatives, 1865 Session I, D-04

D.—Xo. 4.

CORRESPONDENCE RELATIVE TO THE ERECTION OF PUBLIC BUILDINGS IN THE PROVINCE OF AUCKLAND.

PRESENTED TO BOTH HOUSES OF THE GENERAL ASSEMBLY, BY COMMAND OF HIS EXCELLENCY.

WELLINGTON.

1865.

D.—No. 4,

No. 1. WARRANT appointing Commissioners for Public Buildings. His Excellency Sie Geoege Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same, &c, &c, &c. To —"William Crush Daldy, Alfred Domett, John Anderson Gilfillan, William Gisborne, Robert Graham, Charles Knight, Albin Martin, Joseph Newman, William Swainson, Frederick Whitaker, and to such other persons as shall be hereafter from time to time appointed to assist in the execution of this commission, Greeting: Whereas it is expedient that a Commission should be appointed for the purposes hereinafter mentioned: Now know ye that I, reposing special trust and confidence in your knowledge and ability, have thought fit to constitute and appoint, and by these presents do constitute and appoint you, William Crush Daldy, Alfred Domett, John Anderson Gilfillan, William Gisborne, Eobert Graham, Charles Knight, Albin Martin, Joseph Newman, William Swainson, and Frederick Whitaker, to be Commissioners to select and determine sites, to obtain and sanction plans, and to take all such other necessary steps as you may think fit for causing the construction without delay of the following Public Buildings, that is to say: —A Government House in the Domain, a Supreme Court House, a Custom House, and a Post Office, all in Auckland aforesaid ; And by these presents I give and grant to you, or any three or more of you, full power and authority to carry into effect the purposes of the Commission by all lawful ways and means whatsoever ; And I direct that you, the said Commissioners, shall from time to time prescribe all such rules as may appear to you to be necessary for giving notice of and holding meetings for the due and orderly conduct of the proceedings, and the effective despatch of the business thereat; And I direct that before proceeding to business, the Commissioners present at each meeting shall elect a Chairman for such meeting ; And I further direct that you keep a record of your proceedings, and do report the same from time to time for my approval and confirmation; and for your assistance in the execution of this my Commission, I have appointed Sampson Kempthorne, Esq., to be Secretary to this my Commission, and to attend you, whose services and assistance you will from time to time use as occasion shall require. Witness my hand, at Government House, at Auckland, and issued under the Seal of the Colony of New Zealand, the twenty-ninth day of February, in the year of our Lord one thousand eight hundred and sixty-four. By His Excellency's command, G. Geet. William Fox, Colonial Secretary. No. 2. The Seceetaey to the Public Buildings Commission to the Hon. the Colonial Seceetaey. Sie, — Public Buildings Commission, Princes Street, July 9th, 1864. I have the honor to forward to you, by direction of the Commissioners for the erection of Public Buildings, the accompanying Report of their proceedings for the approval and confirmation of His Excellency the Governor, in accordance with the terms of their commission. I have, &c, The Hon. the Colonial Secretary. S. Kempthobne, Secretary. Enclosure to No. 2. REPORT of Public Buildings Commission. Public Buildings Commission, Princes Street, Auckland, May, 1864. The Commissioners for the erection of Public Buildings, in compliance with the terms of the commission appointing them, have agreed to the following report of their proceedings, for the approval and confirmation of His Excellency the Governor. The rules for the conduct of the proceedings and for the despatch of the business of the Board were adopted at their second meeting, on March 4th, and are contained in the Appendix A to this report, together with some further rules, subsequently adopted, as to the authorising and payment of accounts. The Commissioners, at their first meeting, March 3rd, and their successive meetings (weekly) during March, took into consideration the selection of the sites, and the meaus for obtaining designs from architects in this and the neighbouring colonies, tor the buildings mentioned in their commission A

REPORT OF COMMISSIONERS FOR PUBLIC BUILDINGS, &c, &c.

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including the determination of the premiums to be offered for the two best designs, and the amount 01 moneys available for each building. The accommodation required in the new buildings, the form of advertisement, and the detailed instructions to the competing architects, also occupied the careful attention of the Board. The results at which they arrived in these various matters will be seen in detail, in the printed instructions annexed hereunto as Appendix B. On the important subject of the sites for the new buildings, the Commissioners deem it desirable to explain somewhat at large the reasons which have influenced them in forming their decisions, as follows: — 1. The Post Office and Custom House (combined). The objects to be kept in view in the selection of a site for the Post Office were, in the Commissioners' opinion, (1.) Accessibility by the greatest possible portion of the public at large. (2.) The greatest amount of convenience for the receipt of arriving mails, at the earliest moment, and of letters for mails to be despatched, at the latest moment. (3.) Ample space for the extension of the buildings as the growing wants of the community might require it. A position as near to the centre of the most populous amd commercial part of the city, as was compatible with its being also near to the vessels bringing and carrying away the mails, seemed accordingly the best to choose. It was also necessary that the site should be unconfined and not circumscribed by buildings already existing, and which in such case might at a future day have to be purchased (as well as the ground occupied by them), at an enormous expense. If with these more important objects, such a position for these buildings could be obtained as would give them a handsome and effective appearance and contribute to the general embellishment of the town, the Commissioners considered that this should also be taken as one of the elements of their estimate of the relative advantages of the sites at their disposal. With respect to the " general accessibility," the Commissioners were given to understand that this was of less importance than it otherwise would have been, because it was the intention of the Post Office authorities to establish places for the receipt and delivery of letters in various parts of the outskirts of the town, so that the inhabitants would in most cases be saved the trouble of coming in person with or for their letters to the central or head office. Sites available. The only sites at all suitable for the Post Office, at the command of the Commissioners, were, 1. The site of the present Custom House. 2. The site in Commerce Street. 3. And the reclaimable land seaward of Custom-house Street, either to the eastward or westward of the Queen Street Wharf. The Commissioners considered that the combination of the Custom House with the Post Office, as contiguous buildings on one site, would afford much greater opportunity for producing an effective appearance as a whole, than the two buildings could produce on separate sites. The site of the present Custom House would not afford sufficient room for the two buildings, and would, moreover, be too far from the water for the purposes of the Customs. The site in Commerce Street would partake of the same objection as to size, though not to the same extent as to distance from the water. It would moreover, present only an end facade in the principal front, towards the sea, northwards. The foundations also on this site (Commerce Street) were said to be of very objectionable character, —similar, indeed, to that of the land on the eastern side of the Town Wharf, which will be presently adverted to. It was suggested that the land eastward of the Town Wharf or Pier would in many respects be a convenient site ; but upon examination it was found to be composed of soft mud to a very considerable depth, under a thin crusted conglomerate or natural concrete, which it would not be safe to build upon ; and would require such an additional outlay in piling for foundations, which the sum at the disposal of the Commissioners would not admit of. It was also understood that the space to the eastward was required for a wet dock, to be dredged to some depth, for the accommodation of coasting and other smaller vessels —a work which the Provincial Government have in contemplation. The ground to the westward of the wharf, on a careful examination, was found to have a substratum of solid rock or stone, which crops out to the surface in the part farthest from the wharf or pier, shelving down towards the wharf, where there is a depth of seven feet of mud over the rock. The last-named site, that is to the westward of the Queen Street Wharf or Pier, appeared to the Commissioners to combine, in by far the highest degree, all the objects mentioned above as those which should be kept in view in the selection of the site. Custom Souse. It appears to be admitted on all hands that this site is in every respect most suitable for the purposes of the Customs Department; and it had already been recommended by the Provincial authorities. The Commissioners having procured from the Commissioner of Customs and the Postmaster-G-eneral a definite and detailed statement of the actual and probable future requirements as to accommodation, that is, as to the number, character, and relative position of the rooms or offices required ; caused the same to be embodied in the printed instructions to the competing architects. —See Appendix B. Supreme Court Souse. The Commissioners found two sites available for this building —one, the piece of land in front of the General Assembly House, and the other, the reserve on which the present Government House stands, together with the open land on the brow of the hill on its western side. The Commissioners selected the latter of these sites for the following reasons. It is, in the first

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place, more central than the other, and nearer the most populous and commercial part of the town, and therefore more readily accessible to persons having business at the Court. It is also more commanding, and if proper measures are taken to prevent its being encroached upon by other buildings, will have a larger space of open ground in its immediate vicinity. This is requisite in order that the buildings may be extended whenever necessary: that a free circulation of air may be insured around them, and that they may be kept at a sufficient distance from the noise and disturbance of passing traffic. Moreover, by being placed on this site, the Supreme Court may be made to form one of a series of public buildings, some of which it is contemplated to erect almost immediately, and for which there will be ample room on the block of land of which it forms a part whenever the Barracks shall have been removed. In furtherance of this plan the Commissioners have already recommended that the Government should grant a piece of this land to the public, for a site of a Music Hall and other rooms connected therewith, on certain conditions, which will secure the erection of a building worthy of the situation. (A minute on this subject, of the Hall, describing the matter somewhat in detail, with the resolution of the Commissioners thereon, will be found in the Appendix C.) The Provincial Government will probably find it necessary to erect buildings for various other public purposes. It is highly desirable that these should be erected on ground adjoining the same site, whenever the present Albert Barracks shall be removed, in accordance with an arrangement made between the General Government and the Military authorities which shall be presently described. Other public buildings will doubtless follow. The Commissioners think it of the highest importance to keep open the opportunity of placing all these buildings in the vicinity of each other, without the intervention of any buildings of a private character ; so that they may be comprised within one open square or place, and each may contribute towards producing a general and combined effect, which would be entirely lost if they were scattered about the town in isolated situations ; on the other hand, if they are collected and grouped together, as now suggested, it may be safely affirmed, they will form such a tout ensemble as cannot be equalled in any town in the Colony. It need scarcely be said, that the power of effecting this result depends entirely upon the keeping open, as a reserve for public buildings, a sufficient portion of the block of land described above, as the second of the sites at the disposal of the Commissioners. The Commissioners trust they will not be considered as travelling beyond the strict bounds of their duty, if they take this opportunity of expressing their earnest hope that his Honor the Superintendent of Auckland will see the necessity, with as little delay as possible, of setting apart as a Reserve for public buildings, a sufficient portion of that part of this block which belongs to the Provincial Government, to enable the recommendations of the Commissioners to be carried into effect in the manner above indicated. The land, so reserved, should then be granted to trustees, upon such trusts and conditions as would effectually prevent this object being defeated or frustrated at any future time, by the appropriation of the land to any other purposes. The particular spot fixed upon for the Supreme Court House, is the highest part of the paddock behind the Government House, to the east of the new Commissariat store, which it is trusted will be early removed. It is intended that the principal front should look to the north or seaward and it is hoped that the other buildings just alluded to will be so disposed as to harmonise with and add to the fine effect of this position of the Supreme Court House. Particulars in detail of the character and extent of this building will be found in the printed instructions drawn up for the guidance of the competing Architects.—See Appendix B. While on the subject of the Supreme Court, the Commissioners desire to express their obligations to his Honor the Chief Justice, for his graphic and exhaustive report upon all the requirements in respect of the accommodations for a Supreme Court, and of all the different persons or classes of persons who take part in or are immediately affected by its proceedings. This report has been of great assistance to the Commissioners in determining the character and details of this building. Removal of the Barracks. The site above described for the Supreme Court was selected, as has been intimated, on the presumption that the present Albert Barracks would be removed, and the ground occupied by them made over to the public. This arrangement was first named to the Board by Mr. Whitaker, and has since been confirmed by the following letter from Lieut.-General Cameron, K.C.8., to His Excellency the Governor which he kindly communicated to the Commissioners : — Head Quarters, Camp Pukerimu, April 12, 1864. Sik,—l have the honor to acknowledge the receipt of the memorandum of Ministers submitted to your Excellency on the 9th ultimo, and proposing that the present Barracks at Auckland should be surrendered by the Imperial to the Colonial Government, and that the latter should provide a new site and suitable Barrack accommodation in exchange, without any expense to the Imperial Government; and I now beg leave to forward for your Excellency's information, a letter from the commanding Royal Engineer, to whom the subject was referred. Although concurring in some of Colonel Mould's remarks, yet, in consideration of the inconvenience which the present site entails on the inhabitants of Auckland, and also in consideration of the benefit resulting to the Imperial Government, from the provision of new and suitable Barrack accommodation (including officers' quarters), I will avail myself of the first opportunity of inspecting any site that may be suggested, and if found desirable, will have pleasure in recommending the proposal of Ministers for adoption by the Secretary of State for War. I have, &c., D. A. Cameron, Lieut.-General. His Excellency Sir George Grey K.C.8., &c, &c, &c. This arrangement having then been assented to by the Governor and the Officer commanding her Majesty's forces, on the conditions above mentioned, the Commissioners assumed that at no distant date a proposition so advantageous and so desirable both for the public and the military, on sanitary as

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well as many other considerations, will be carried into execution. Their opinion on the subject is couched in the following Resolution, which was unanimously agreed to on the 27th of April:—- ---" That as the Commissioners have been influenced in their selection of the site for the Supreme Court by the expectation (founded on the statement made by Mr. Whitaker to the Board, on the 9th of March last) that the ground at present occupied by the Albert Barracks will become available for general building purposes, as a part of the town site ; they trust that the present Barrack ground may be made available for such purposes, as soon as may be practicable." Government House. Within the limits of the Government Domain there are two spots evidently more suitable as site 3 for a Government House than any other part of it, and to which the opinion of the General Government, as well as of the public, seems for a long time exclusively to have pointed out as most eligible for that purpose. One is the highest part of the open brow or crest of the hill, immediately beyond the clump of high Manuka trees overlooking Parnell. The other, a somewhat lower knoll, also open, adjoining the Botanical Gardens. The Commissioners, after carefully inspecting both sites, selected the latter, because the first appears too much exposed to every wind, a.nd especially that from the southwest, —is also too near to the boundary of the Domain and the high road, and looks too directly upon the back premises of the houses in Parnell. The site selected is free from most of these objections, and besides, offers the choice of better ground for a garden to be attached to the house, and a more retired position for stables and outhouses. From both sites the views commanded are exceedingly beautiful, and on either the new building will be very conspicuous from the town of Auckland —from the suburbs, and from the harbor, as well as from the sea approaches to a great distance, and seen from those quarters will form a striking and picturesquely-placed object. The printed instructions give detailed information of the accommodation deemed necessary for the house and offices. —See Appendix B. The quantity of land to be exclusively attached to Government House was the subject of much consideration. Fully appreciating the value to the population of the City of Auckland of free access at all times for recreation and pjnusement to a domain or park eo finely situated and so admirably adapted by its natural formation for the production of most of the varied objects of beauty that can be looked for in a park or public grounds, the Commissioners were rnxious not to deprive the public of any larger portion of their park than was absolutely necessary, by appropriating it to Government House. At the same time, they considered that an establishment of the kind proposed could not, with a due regard to fitness and propriety, be placed within an enclosure of less than twenty acres. That extent seemed the smallest that could be given to avoid, an appearance of meaness or undue restriction in the private grounds that should surround so large a building as that to be erected. The Commissioners next appointed a sub-committee, to act in conjunction with a sub-committee of the Public Domains Board, in marking out precisely the boundaries of the twenty acres, with general instructions that they should leave the Botanical Garden open to the public, as it has hitherto been. The joint committees were also instructed to take the necessary steps for the immediate planting of the grounds and otherwise preparing it for the purposes to which it is appropriated. For the expenses hereby to be incurred, as well as for the construction of roads and approaches, fences, &c, to the House, the Commissioners set apart a sum of £2,000 out of the £25,000 at their command for the main buildings. Disposal of present Sites. The views of the Commissioners respecting the sale or disposal of the sites of the present Supreme Court and the present Post Office, shall now be stated. The Commissioners being anxious to make further provision for the cost of the new Post Office, on account of the heavy expense in the foundations, rendered necessary in reclaiming the land from the sea, and also on account of the much larger amount of accommodation required than they had previously any vei'y correct idea of, were of opinion that such further provision, to some extent at least, might be made, if the site of the present Post Office was sold, and the proceeds added to the present estimate of £10,000. They accordingly passed the following resolution, (on April 13th), enquiring of the Government whether they had power to sell the site and employ the proceeds in this manner :—■ " The Secretary was instructed to ask the Government whether they have power, under the Public Offices Act, 1856, to sell the site of the present Post Office, and to add the proceeds to the amount already available for the building." With respect to the disposal of the site of the present Supreme Court, the Commissioners deemed that it was time to take measures to realize the proceeds of this very valuable site, and that the present time was an advantageous one for its disposal. They adopted, therefore, the following resolution, which was also forwarded to the Government: — " That in the opinion of the Commissioners the present is an advantageous time for the disposal of the site of the existing Supreme Court House, with a view to realize the proceeds of such disposal towards the erection of the new Supreme Court." Alfbed Domett, July 6th, 1864. Chairman. APPENDIX A. —Public Buildings Commission. The Rules for the conduct of Business. 1. That the Commissioners meet every Wednesday, at 3 o'clock p.m. 2. That in case of the adjournment of any meeting, notice of such adjournment shall be given by the Secretary to the Commissioners, who were not present at such meeting. 3. That special meetings may be held as often as occasion may require. But that no such meeting be called except by the direction of the Chairman of the then last preceding meeting, or by any three of the Commissioners.

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4. That the notice of every special meeting shall state the object for which such meeting shall be called, and that no other business be transacted at such meeting. 5. That the presence of not less than five of the Commissioners (including the Chairman) shall be necessary to constitute a meeting. 6. That if at the expiration of half-an-hour after the time appointed for any meeting, a quorum shall not have assembled, the fact shall be noted by the Secretary in the Minute Book, and no such meeting shall be held. 7. At the commencement of every meeting the minutes of the preceding meeting shall be read and confirmed. 8. The Chairman shall have an original, but no easting vote. 9. Except at a full meeting of the Board, no proposal for altering or repealing any resolution of the Commissioners shall be entertained, unless notice of such proposal shall have been given at some preceding general meeting. Addenda. —April 4th. 10. That Dr. Knight and Mr. Newman be appointed to act as Auditors. 11. That no responsibility or liability be incurred by or on account of the Commissioners, except under the authority of a resolution of the Board. 12. And that no payment be made on account of the Commissioners, except on a certificate of the Auditors. APPENDIX B.—Advertisements to Aechitects. Designs for Public Buildings for the Government of New Zealand. Auckland, March 30th, 1864. The Commissioners for the Erection of Public Buildings invite Architects in this and the adjacent Colonies to submit to them Designs and Estimates for the erection of the following Public Buildings at Auckland, viz.:—■ 1. Government House, in the Domain. 2. A Supreme Court House and offices. 3. A Post Office and Custom House (combined), fronting the harbor. A Premium of £200 will be given for the best design of each of these three buildings; and a second premium of £ 100 for the second best design. Plans of the several sites and views and information respecting the amounts available for each building, the accommodation required, and the mode of preparing the designs, &c, are detailed in the " Instructions to the Architects," which may be obtained from the Secretary to the Commissioners, at Auckland, and at the several Australian Colonies and Tasmania, from the Colonial Secretaries thereof. The Designs and Estimates (under motto) are to be transmitted to the Secretary of the Commissioners, at Auckland, on or before the 27th day of June, 1864. S. Keiipthorne, Secretary to the Commissioners for erecting Public Buildings. ' DESIGNS for Public Buildings for the New Zealand Government. Instructions to Architects. 1. The Drawings are to be made to a scale of 8 feet to an inch. (1) Plans are to be given of each story, and a block-plan of the whole site of each set of buildings, showing the mode of approach, &c. The upper plan to have the lines of the roofs shown by faint blue lines. (2) An elevation of each front to be given in outline, but the openings of the doors and windows may be tinted grey or brown, and faint flat tints may be used to show the stone and brickwork, and different colored bricks, if such are intended. (3) Sections, longitudinal and transverse, to be given, showing walls, foundations, stairs, <fcc. (4) Perspective views from two points of view are desirable. (5) Models also are admissible. 2. A brief outline Specification must accompany the Designs, in order to give the Commissioners a general idea of the mode in which the buildings are proposed to be constructed, and what work in the way of internal fittings, &c, are included in the estimates. 3. The estimates must be carefully prepared, and it is recommended that they be classified among the several trades, and then a total cast op. Information respecting current prices of materials and labor accompany these instructions.—See Schedule A. 4. The Designs and Estimates are to be transmitted to the Secretary of the Commissioners, at Auckland, on or before the 27th day of June next, 1864. They are to be distinguished by a motto and to be accompanied by a sealed letter containing the Architect's name and address, with a corresponding motto on the outside. The letters of the two successful candidates only will be opened, unless otherwise required. It is intended to submit all the Designs for public inspection. 5. The buildings are to be constructed of brick with stone dressings, and on scoria foundations. The principal fronts of all the buildings are to have plate glass to the windows. 6. A general statement respecting the nature of the sites and the accommodation required for the buildings is given, as a guide to the competing Architects. —See Schedule marked B. 7. The Plans (except as to Government House) should be designed with a view to future enlargement, and the mode of enlargement proposed, should be to some extent indicated by dotted lines on the Plans and elevations. 8. The Commissioners leave the question of style to the j udgment and taste of the competing Architects; it may, however, be stated, that they require as a first consideration—substantiality, B

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durability, and eommodiousuess in the Designs ; and they recommend Architects to gain eft'ect in their designs more by boldness and character of outline, than by expenditure on ornamental details. 0. The Premiated Designs will become the property of the Commissioners. The Architect of each of the best Designs will not necessarily be employed to carry out the work. No premium will bo paid until the building contracts are taken, and will not be claimable at all, if the Builder's tender exceeds 15 per cent, above the Architect's estimate, taking the prices herewith given as a basis of the Estimate. 10. The site of Auckland is open to the sea, more or less, from every quarter. The Architects are requested to specify particularly how they propose to prevent the damp arising from driving rains permeating through the walls ; —and to state what addition, if any, such provision will make to their estimates of each building. S. Kempthorite, Secretary to the Commissioners for the Erection of Public Buildings. 30th March, 1864. SCHEDULE A.—List of Prices op Materials, delivered at Auckland, and Labor. Bubble Scoria Stone Walling, per cubic yard, including Mortar and Labor complete ... 335. Dressed Scoria Walling, 18 inches thick, per foot super. ... ... ... ... 6s. Freestone Bath, per cubic foot ... ... ... ... ... ... ... 4s. Ditto, Hobarton, ditto ... ... ... ... .. ... ... 6s. 6d. Ditto, Sydney, ditto ... ... ... ... ... ... ... 4s. Common Brickwork, per rod (272 feet) ... ... ... ... ... ...£2B to £30 Faced Brickwork ditto ... ... ... ... ... ... £40 Bricks, per thousand ... ... ... ... ... ... ... ... £4 to £5 Stone Lime, per bushel, Is. 6d. to Is. 9d. at the Wharf. Oyster Lime, scarce ; same price. Common Shell Lime, for internal plastering, Is. 3d. per bushel. Sand, 4d. per bushel. , TimberOrdinary Kauri, per 100 feet super. ... ... ... ... ... ... 18s. to 20s. Best Kauri, free from sap and other defects ... ... ... ... ... 245. to 30s. Hardwood may be obtained from Tasmania at prices somewhat lower. Journeymen's wages, 10s. to 12s. per day. Slates, and other imported materials, may be estimated at ten per cent, advance on Australian prices. S. KeMPTHORKE, 30th March, 1864. Secretary Public Buildings Commission. SCHEDULE B.—General Description of the nature of the Sites and the accommodation required. New Government Souse, Auckland. The building is to be erected on a conspicuous site, on the summit of a knoll, in a park-like undulating piece of ground, set apart for the Government Domain, commanding an extensive view seaward from the north-west to north-east. The prevailing winds are from the north-east and south-west. Schedule of Apartments required. — Main Huilding. Ground Floor. —(1) Drawing room, 40 feet by 25 feet; (2) Dining room, 40 feet by 25 feet; (3) Governor's room ; (4) Private Secretary's room; (5) Waiting room ; (6) Library and Billiard room ; (7) Breakfast room ; (8) Morning room ; (9) Ball room, to be constructed on a similar plan to the present house, by throwing the dining room, drawing room, and hall into one. One Pair Floor—To be divided into bed rooms, with dressing rooms attached to some of them ; also two bath rooms. The Basement Story. —To have brick-arched cellars. Wing Building. —The kitchen and offices to be provided on the floor, as a wing to the main building. Outbuildings. —The stable and coach-house to be detached. The coach-houso to be capable of containing two carriages ; sleeping-rooms for the men-servants over. The stable to have six stalls; Harness-room adjoining, with fireplace ; hayloft over. The amount available for the building is £23,000. Supreme Court, Auckland. The building is to be erected on a commanding site, near the summit of a rising ground. Enere is an open space in front, towards the north, inclining seaward, with an excellent view of the harbor. The building is to be isolated, with three frontages, north, east, and west —the principal front being towards the north. The south front will be kept for future extension, ample space being left for that purpose in the rear. Between the street on the west side (Princes Street), which is a leading street, and the Court House, a range of offices must intervene, to prevent noise from the street reaching the Court. List of the Rooms required. 1. The Court house.—(l.) A Court hall (area 1,800 feet superficial) ; (2) Grand Jury room ; (3) Eetiring room for a jury to consult; (4) General waiting room for witnesses; (5) Under the Court —a room or cells for prisoners awaiting their trial; (6) A room for female prisoners. 2. A spacious outer hall or lobby, (perhaps) as large as the Court itself. 3. Judges Chambers. —(7) A general business room, of fair dimensions; (8) Judge's private room ; (9.) Eoom for the Judge's clerk. 4. For Counsel and Solicitors. —(10) A general robing room ; (11) A room for consultations and conferences—one room at least.

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t

5, Registrar's Department.—(l2) The Kegistrar's own room ; (13) The general room for business . (14) Deputy-Registrar's room, in which the clerk or clerks may be copying documents, &c.; (15) General room for business. These offices should communicate with each other, as well as hav independent entrances. (i. Record Booms. —(1G) One or more perfectly fire-proof, to bo in immediate connection with the Registrar's office. 7. Wills and Administrations. —(17) Office for searches, for the public. 8. Sheriff's Department.—(lB) and (19) At least two or three rooms. These offices should communicate. with each other, and have independent entrances. 9. Library.—(2o.) Note. —The internal fittings of the Court House to be provided in the Design and Estimate. The amount available for the building is £20,000. JNeio Custom House, Auckland, ivith Post Office combined. This site is adjoining the Town Pier, and is to be reclaimed from the sea. The accompanying plan and section will show that a considerable depth of foundations will be necessary. A firm stone or rocky bottom occurs over the whole area: it crops out over the mud flat at the western end near the wharf wall. About the centre of the site the bottom lies from one foot to two feet deep under the mud; from thence it shelves down somewhat suddenly towards Queen Street Wharf, parallel to which there is an average of seven feet deep of mud over the rock, falling towards the iron store. List of Rooms required. 1. Long Room, eighty feet by fifty feet. In this room all the clerks will be located, screened from the public by railed partitions. Presses round the room for papers required for daily use and reference. A space to be appropriated for the use of Custom House Agents and Reporters to the Press. 2. Chief Clerk's office, adjoining Long Room. 3. Landing Surveyor's office. 4. Landing Waiter and Searcher's office. 5. Locker's office. 6. Collector's office, with ante-room for clerk. 7. Office for Shipping Master, with entrance and lobby for seamen waiting. 8. Arms and Ammunition office, under " Arms Act, 1860." 9. Spare room. 10. Apartments for Housekeeper and Messenger to live in and take charge of the premises. The basement story to be used as Queen's Warehouse and place of deposit for official records, light goods, &e. The amount available for the two buildings combined is £20,000. New Post Office. — List of Rooms required. 1. Mail receiving room, 20 feet by 16 feet, where mail boxes and bags are received, opened, and passed on to No. 2. 2. Stamping and sorting room, 50 feet by 30 feet. Size in this room is indispensable; from thence the Letters, &c, are distributed to Nos. 3, 4, 5, and 6. 3. Private boxes, 30 feet by 10 feet, one side fitted with boxes, the exterior being accessible to the public. 4. Window delivery, 40 feet by 10 feet, having six delivery windows, protected from the weather and fitted with pigeon-holes within ; provision to be made for other four windows, if required. 5. Letter Carrier's room, 30 feet by 16 feet, fitted round with pigeon-holes. 6. Inland Mail despatch room, 20 feet by 20 feet, fitted with compartments. 7. Foreign Mail despatch room, 20 feet by 16 feet, fitted with compartments. 8. Receiving room for letters and papers, 16 feet by 12 feet, fitted with apertures for posting, arid adjacent to sotting and despatch rooms. 9. Registration of letters, sale of stamps, and Money Order office, 30 feet by 18 feet. 10. Store room for boxes, bags, stationery, &c, 25 feet by 10 feet. 11. Postmaster's room, 20 feet by 16 feet. 12. Secretary's room, 20 feet by 16 feet. 13. Accountant's room, 25 feet by 18 feet. 14. to 17. Resident Porter or Messenger's chambers. 18. Dead letter room. There will also be required rooms for — Post Office Savings Bank, Telegraph, Inspector. Nos. 3 and 4 do not require to be divided off from 2, as separate rooms, so long as the necessary accommodation is given. Nos. 6 and 7 might, if necessary, be thrown into one room for some time. 9. Will soon require additional rooms. 10. Ditto ditto. 11. Ditto ditto. 12. Ditto ditto, for answering enquiries. 13. Ditto ditto. Appekdix C. Minute respecting the site for the proposed new Music Hall, referred to the Commissioners by the Honorable the Colonial Secretary. " The accompanying papers show that a positive assurance was given by the Government in 1859, that the Auckland Choral Society should have a Crown Grant of a piece of land on the reserve opposite

18. Dead letter room.

7

EOll PUBLIC BUILDINGS.

B.—-No. 4;

the Scotch Church. A!- much better site for the purpose would, however, be that portion of the reserve round Albert Barracks, opposite to the new Commissariat building, west of the road from Princes Street to the Barrack gate, If this site be given, a building might be erected so as to fall in with the proposed plan for laying out the whole of the ground whereon the Supreme Court is to bo built and greatly contribute to the general effect of the other public buildings in contemplation. To secure this object, which would require that the Society's building should be of a certain height, I would recommend that- the Society be allowed to erect their Hall over a ground story of offices, the latter to bo surrounded by. a portico or colonnade, so as not to injure the general effect. A second lower story of offices might be made to project on the sloping part of the site to the west, and have a fine appearance on that side. The rent of the offices (not on any account to be let as shops), would greatly assist in making the speculation a successful one, and in supporting the Society. The prospect of these returns would of course render possible the raising of a much larger sum of money, and secure buildings worthy of the site and creditable to the Auckland public. I would advise that the matter be referred to the Commissioners appointed for the erection of Public Buildings, to report whether the appropriation of the site and the erection of the building above proposed would be consistent with or in furtherance of their views of the best mode of laying out the open ground in that neighbourhood, and their intentions with respect to the erection of a Supreme Court or other public edifices." A. Domett, April 13th, 1564. . Secretary for Crown Lands. Eesolution of the Commissioners on the above Minute, same date :— " That it would be entirely in accordance with the views of the Commissioners, that a handsome building should be erected on the proposed site, in accordance with the terms in Mr. Domett's minute, and they have no objections to offer to the erection of a Music Hall thereon, provided the building be such, both in magnitude and style of character, as will harmonise with that of the new Supreme Gourt House, and other public buildings to be erected in the neighbourhood." S. Kempthorne, 30th March, 1864. Secretary Public Buildings Commission. No. 3. The Hon. the CotoxiAr, Secretary to the Public Buildings Commissioners. Sie,— Colonial Secretary's Office, Auckland, 19th July, 1864. I have-the honor to acknowledge the receipt of your letter of date 9th July, 1864, enclosing a Report of the proceedings of the Public Buildings Commission, and in reply, am directed by Mr. Eox to convey to you the approval and confirmation of His Excellency the Governor of that Report. I have, &c, S. Kcmpthorne, Esq., \V. Gisborne, Secretary to Public Buildings Commission, Auckland. Under Secretary. CORRESPONDENCE RELATIVE TO PURCHASE OF SUPREME COURT SITE IN AUCKLAND, ETC. No. 1. The Superintendent, Auckland to the Hon. the Colonial Secretary. Sir, — Superintendent's Office, Auckland, 2Sth January, 1864. I have the honor to forward herewith copy of Address No. 60, presented to me by the Provincial Council, under date 27th instant, and to request that you will have the goodness to inform me upon what terms the wishes of the Council as expressed therein will be complied with. * I have, &c., The Hon. the Colonial Secretary, Robert Graham, Auckland. Superintendent. Enclosure 1 to No. 1. EXTRACT from the Journals of the Auckland Provincial Council Session XVI., 1863-4. Wednesday, 27th January, 1864. Resolved, —That an Address be presented to his Honor the Superintendent, requesting him to communicate with the General Government relative to the purchase of the site of the j>rescnt Supreme Court House by the Provincial Government, this Council being of opinion that such property should not be alienated from the Province, and recommends that provision should be made in an empowering Bill for the cost of such site. (True extract.) Wm. Powditch, His Honor the Sirperinteu "e it. Speaker. No. 2. The Hon. the Colonial Secretary to the Superintendent, Auckland. Sir, — Colonial Secretary's Office, Auckland, Bth February, 1684. I have to ackiowlelgc the receipt of your Honor's letter No. 102, of the 28th ultimo transmitting copy of an Add ess No. 60, presented to your Honor by the Provincial Council, in, which they recommend the pin chase by Ihe Provincial Government of the site of the present

8

CORRESPONDENCE RELATIVE TO

D,—N

Supreme Court House. The General Government have not at present the power to dispose of the land above referred to in any other way than by public auction, as provided by the Act of the General Assembly, entitled, " The Auckland Keserves Act, 185S ;" but, if the Provincial Government require the site, there will be no objection to the General Government receiving the price to be fixed, by arbitration, and giving possession as soon as the new Supreme Court is erected, on the understanding that they will ask the General Assembly to make a new disposition of the property in favor of the Superintendent, on behalf of the Province of Auckland. I have, &c, His Honor the Superintendent, Auckland. William Fox. No. 3. The Superintendent, Auckland, to the Hon. the Colonial Secret art. Sir, — Superintendent's Office, Auckland, 6th May, 1864. Referring to your letter of date Stli I'ebruary last, relating to the proposed purchase by the Provincial Government of the site of the present Supreme Court House in Queen Street, I have the honor to request that you will be good enough to forward me the name of the gentleman whom you propose to act as arbitrator on behalf of the General Government to fix upon the value of the site in question. I have, &c., Joseph Newman, The Hon. the Colonial Secretary, Auckland. (in the absence of the Superintendent.) No. 4. The Hon. the Colonial Secretary to the Superintendent, Auckland. Sin,— Colonial Secretary's Office, 12th May, 1864. I have to acknowledge the receipt of Mr. Newman's letter of the 6th instant, referring to the correspondence respecting the proposed purchase by the Provincial Government of the site of the present Supreme Court House, and requesting to be informed of the name of the gentleman who is to act as arbitrator on behalf of the General Government, to fix upon the value of the site in question. In reply, I have to state that in offering to give to the Provincial Government at a valuation the land referred to, the General Government was under the impression that it was required for some public service, but the General Government now understands that the object in view is merely to re-sell again at a profit. If that be so, the General Government would not feel itself justified in becoming a party to such an arrangement, as the intention of the General Assembly was, that the whole value of the land determinable by public auction should be devoted to the erection of a Court of Justice, adapted to the increasing wants of the Province; and, as this Court is proposed to be built on one of the finest sites in A.uekland, it is necessary that a suitable building should be erected, and for this purpose the full value of the land in question will be required. I have therefore to request your Honor to be good enough to inform me whether the understanding of the General Government as to the object for which the present Supreme Court is required by the Provincial Government is correct. I have, &c, His Honor the Superintendent, Auckland. William Fox. No. 5. The Superintendent, Auckland, to the Hon. the Colonial Secretary. Sir, — Superintendent's Office, Auckland, 27th May, 1864. I have the honor to acknowledge receipt of your letter No. 114, of date 12th instant, relative to the disposal of the site of the present Supreme Court House, and to inform you that when I, at the request of the Provincial Council, proposed to make an equitable arrangement with the General Government for the purchase of the ground in question, a determination as to the site of the new Public Buildings had not been arrived at. The Commissioners for the erection of Public Buildings having since decided upon sites for all the buildings jn-oposod to be erected at present, I, myself, am disposed to consider that the occasion for the reservation in question has now passed away. It is far from my wish, as I believe it would be contrary to the intention of the Provincial Council, that the site referred to should be obtained at a low figure, with a view to enriching the Provincial chest by re-selling the land at a profit, neither do I think it would be prudent on the part of the Province to purchase the ground at the figure reported to have been named as its value, viz.:— £30,000, my own wish would rather be that that sum should be expended upon the erection of a new Supreme Court House, which I am equally anxious with yourself should be as handsome a building as possible. I will also be glad that immediate steps can be taken to provide temporary accommodation for the Supreme Court, and arrangements made for the erection of the new premises. I have, &c, The Hon. the Colonial Secretary, Auckland. Eobert Graham, ______^__ Superintendent. No. G. The Hon. the Colonial Secretary to the Superintendent, Auckland. Sir,— Colonial Secretary's Office, Auckland, 31st May, 1864. With reference to your letter of the 27th instant, No. 673 —11, I have to request that your Honor will be good enough to inform me whether you can make any arrangements by which the late House of Assembly can be made available as a place for the sittings of the Supreme Court, in order that the site in Queen-street, of the present Supreme Court, may be sold without delay. C

9

ERECTION OE SUPREME COURT, ETC.

O._No. 4,

I have also with a similar object to request your Honor to make provision for another Gaol and Lock-up for the prisoners at present confined in the Gaol and Lock-up in Queen-street. I have, &c, Fredk. Whitaker, His Honor the Superintendent, Auckland. ■ (in the absence of Mr. Fox.) No. 7. The Superintendent, Auckland, to the Hon. the Colonial Secretary. Sir, — Superintendent's Office, Auckland, Bth July, 1864. Eeferring to your letter No. 130, of date 31st May ultimo, I have the honor to inform you, that so far as it lies in the power of the Provincial Government, every facility will be given for the better accommodation of the Supreme Court, and that I shall be glad to confer with the Chief Justice on the question as to how far the Council Chamber can be made available in this matter, if his Honor will do me the honor to call at this office. "With respect to the Lock-up, I may mention that a contract has been entered into for the erection of a new Lock-up, to be completed within six months. I have, &c, Eoeert Graham, The Hon. Colonial Secretary, Auckland. Superintendent. No. 8. The Hon. the Colonial Secretary to the Superintendent, Auckland. Sir, —■ Colonial Secretary's Office, Auckland, 15th July, 1864. I have the honor to acknowledge the receipt of your letter No. 920—12, dated Bth July, 1864, and to inform you that an appointment has been made for the Chief Justice to meet your Honor to confer on the subject of using the Council Chamber for sittings of the Supreme Court. I have, &c, His Honor the Superintendent, Auckland. William Fox. No. 9. The Superintendent Auckland, to the Hon. the Colonial Secretary. Sir, — Superintendent's Office, Auckland, 10th August, 1864. Eeferring to your letter No. 192, of date 15th July ultimo, I have the honor to inform you that having conferred with the Chief Justice on the subject of using the Council Chamber for the sittings of the Supreme Court, it has been arranged that the Council-hall and four of the adjoining rooms shall be placed at his Honor's disposal for Court business from the 15th instant, till required to be prepared for the meeting of the Provincial Council. It will then be necessary to have some better provision made for the accommodation of the Court until the permanent buildings are erected. I have, &c, Eobert Graham, The Hon. the Colonial Secretary, Auckland. Superintendent. No. 10. The Hon. the Colonial Secretary to the Superintendent, Auckland. Sir, — Colonial Secretary's Office, Auckland, 17th August, 1864. I have the honor to acknowledge the receipt of your letter No. 1101—13, dated 10th August, 1864, stating that the Provincial Council Chamber and four adjoining rooms would be placed at the disposal of the Chief Justice for Court business, and to thank your Honor for that communication. I have, <&c, His Honor the Superintendent, Auckland. William Fox. No. 11. The Superintendent, Auckland, to the Hon. the Colonial Secretary. Sie, — Superintendent's Office, Auckland, sth November, 1864. I have the honor to transmit herewith copy of Address presented to me by the Provincial Council, under date 4th instant, with the accompany report respecting the site of the old Supremo Court House. I have, &c, Eobert Graham, The Hon. the Colonial Secretary, Auckland. Superintendent. Enclosure 1 to No. 11. ADDEESS.—Extract from the Journals of the Auckland Provincial Council (Session XVII., 1864.) Friday, November 4th, 1864. Eesolved, —That an Address be presented to His Honor the Superintendent, forwarding copy of the report of the Select Committee on the Supreme Court House site, and requesting him without delay to forward a copy of the same to the General Government. (True extract.) Wit. Powditch, His Honor the Superintendent. Speaker.

10

CORRESPONDENCE RELATIVE TO

ERECTION OF SUPREME COURT, ETC.

11

Enclosure 2 to No. 11. KEPOET of the Select Committee on the Supreme Court House Site. The Committee recommend that the site of the old Supreme Court House should be obtained for the Province for the purpose of erecting a Post Office, as being the most centrally situated and convenient site. The Committee also recommend that provision should be made for the erection of a Supreme Court House to the extent of £20,000, and that the General Government be solicited to hand over the site of the old Supreme Court House in Queen-street, on such provision being made. E. King, Chairman. No. 12. The Hon. the Colonial Sechetaet to the Superintendent, Auckland. Sib, — Colonial Secretary's Office, Auckland, 7th November, 1864. I have to acknowledge the receipt of your Honor's letter No. 1553-13, of the sth instant, transmitting a copy of an Address dated on the preceding day from the Provincial Council, with the report which accompanied it, respecting the site of the old Supreme Court House. That report recommended the site in question as the most suitable site for a Post Office, and also recommended that provision should be made to the extent of £20,000 for a Supreme Court House, and that the General Government be solicited to hand over the site referred to on such provision being made. It appears to me that the Province of Auckland even more than the General Government is interested in the erection of a Supreme Court which will be suitable and also an ornament to the town. The sum of twenty-five thousand pounds (£25,000) is the lowest estimate of a sum sufficient for this purpose ; and his Honor the Chief Justice states that the building which it is proposed to erect even with that sum will give but inadequate accommodation. The value of the land proposed to be sold has been estimated at from upwards of £26,000 to upwards of £30,000; but if the Provincial Government will pay over twenty-five thousand pounds (£25,000) for a new Supreme Court, the General Government will agree that the land should be trans - ferred to the Province. The General Government have selected the site of the present Custom House for that of a new Post Office as in every respect convenient, but if it be the general wish that an alteration should be made, and if another suitable and available site were proposed, every consideration would of course be shown to such an expression of opinion from the Provincial Council or from the inhabitants of Auckland generally. It is necessary that the General Government should be informed at once whether the Province will take the land for the sum proposed, as the sale is fixed to take place on the 10th instant. I have, &c, P. Whitaker. (in the absence of Mr.Tox). No. 13. EXTEACT from the Journals of the Auckland Provincial Council (Session XVII.) Thursday, Bth November, 1864. Eesolved —That a deputation from this Council be appointed to wait upon His Excellency the Governor, and to request that His Excellency will direct that the sale of the allotment on which the buildings occupied by the Supreme Court establishment now stand, may be postponed. That the deputation consist of Mr. Speaker and such other members as may think proper to attend. (True extract.) Vm. Powditch. Speaker. No. 14. EEPLY by His Excellency Sir George Grey, to the Deputation from the Provincial Council. Mr. Speaker, and Gentlemen of the Provincial Council, — Being anxious in every manner in my power to act with the greatest courtesy towards the Provincial Council of Auckland, I have thought it my duty to receive this deputation. At the same time I can only inform you that the matter you have brought before me is one in which I must act upon the advice of my Eesponsible Advisers. G. Geet. Government House, Auckland, 9th November, 1864. No. 15. . The Hon. the Colonial Seceetaey to the Superintendent, Auckland. SiE, — Colonial Secretary's Office, Auckland, 10th November, 1864. I have the honor to inform you that directions were given yesterday for the postponment of the sale of the Supreme Court site in Queen-street till Thursday the 18th instant. This step was taken because it appeared that the uncertainty which has existed as to whether the sale would take place might have prejudicially affected the price, and, secondly, because the General Government was anxious to afford the Provincial Government further opportunity of acquiring the land in question, if they think fit to do so. I beg to be permitted to call your attention to what has taken place on this subject. In 1858, an Act was passed by the General Assembly, authorising the sale of the Supreme Court site, and

To. 4k,

ippropriating the proceeds in or towards the erection of a Court of Justice in the City of Auckland, •lome time afterwards steps wore taken to carry out this arrangement, but for reasons which it is not low necessary to enter on, nothing was done till some months ago, when the demands of the Judge and >fficera of the Supreme Court and of the public had become so urgent that proper accommodation for lie administration of justice should be provided that; it was deemed indispensible that as little further lelay as possible should take place. In order however to meet the convenience of the Provincial authorities, and to afford the Pro-,-incial Council in its present session an opportunity of making the necessary arrangements for obtainng tUeland in question,as they appear to desiro it, by providing the funds for the erection of a suitable Supreme Court, the sale has been allowed to stand over till the present time. Of course your Honor is aware that the only funds at the disposal of the Government, (except the :noney be taken from Provincial revenue) for the erection of a Supreme Court, are those which will arise 'in.n the sale of this land, and that the estimated proceeds will be insufficient to provide all the iccommodation which the Chief Justice declares a due regard for the convenience of the officers of the Court, and for the public, requires. As the sale is now fixed for Thursday the 18th instant, I shall be glad to receive with as little delay as possible, the final decision of the Provincial authorities, whether they will provide the £25,000 •equired on having the land in Queen-street handed over to them. I have, &c, Fred. "Whitakee, (in the absence of Mr. Fox.) No. 16. Chaibmak of City Boatid, Auckland, to the Hon. the Colonial Sechetabt. Sib, — City Board of Commissioners' Office, Auckland, Bth November, 1861. The Board observe from a plan and advertisements that it is the intention of the Government o sell the present site of the Supreme Court House and Gaol, and that a lane or passage of twenty feet in width is proposed to be left, and a still smaller lane of twelve feet, ending in one still less, of bur or five feet. The Board are too well aware, from past experience, that free air, cleanliness, and health, cannot possibly exist in such localities; that disease, crime, and accidents inevitably ensue, and •iint, in the event of fire occurring in such narrow passages, the inhabitants have no means of defence against the same. In opening up such passages for the purpose of sewerage, and laying gas or water pipes, the same becomes completely shut up so long as the works are in progress. In erecting buildings it is understood that parties have a right to enclose one-third of any street, and when two buildings are in course of being erected opposite each other, the passage must be all but blocked up. Under these circumstances, the Board have applied for power to prevent all private parties from making such lanes ; but how can they expect to get such power when they see the General Government acting in complete defiance of it ? The Board are not aware that any provision has been made :i- to the class of buildings that are to be erected on the allotments, nor for the removal of those ai present existing; and as the position of the ground is so central, they have a right to expect that whatever buildings are proposed to be erected, the same should be worthy of the city and in keeping with the position. The site is on the edge of the boundary to which the Building Act extends at present, and consequently beyond its limits. The Board therefore hereby protest against the opening up of any such lanes or passages for the causes before stated, and trust that the General Government will yet re-consider their resolution. They would have made this protest sooner, but it was only yesterday that the plan of the proposed nub-division was laid before them, and they have therefore taken the first opportunity of bringing the matter before you. I have, &c, Dayid Gearam, The Hon. the Colonial Secretary, Auckland. Chairman of the City Board. No. 17. The Hon. the Coloxial Secretaby to the Chairman of tile City Boaed, Auckland. Sie, — Colonial Secretary's Office, Auckland, 15th November, 1861. I have the honor to acknowledge the receipt of your letter of the Bth of November instant, addressed to the Colonial Secretary, on the subject of the sale of the site of the Supreme Court House md Gaol in Queen-street; and in reply, am directed to inform you that the Government regret that tke City Board should take so unfavorable a view of the manner in which it is proposed to sell the site in question. There appears however to be some misapprehension by the Board on the subject, as the street laid out twenty feet wide is not intended to give frontage for buildings, but to afford convenience or the occupation of allotments Laving valuable frontage to other streets; and the street objected to . ;^e Board exceeds in width those originally laid out for a similar purpose throughout the City of Auckland, which are only sixteen and a half feet wide. lam also to observe in respect of fire, that a break of twenty feet is certainly a great improvement where none existed before. , It appears that an Act was passed by the Provincial Legislature in 18G2 to prevent streets being laid out in private property less than forty feet in width, but that lav,' was repealed in the following year. Had it been still in existence, the Government, though not perhaps strictly bound by its provisions, would have felt themselves bound to respect its provisions. With regard to the class and description of buildings to be creeled by its purchasers, I am directed to state that it appears to Government that this is a proper subject to be dealt with by a Building Act, and not for stipulations in Crown grants of an estate in fee simple to a purchaser from he Crown, The lane twelve feet wide, ending in one of four or five feet, is not intended to be made a public

12

CORRESPONDENCE RELATIVE TO

D.—-No.

thoroughfare, but only an accommodation road to afford a private back entrance to other allotments in Queen and other streets, so as to prevent the necessity of using valuable frontage to afford access to the rear of premises, an arrangement which would appear not only to afford convenience to the occupiers but also advantage to the public, by preventing the necessity of unloading goods in piiblie streets through which there is a large traffic. T have, &c, ~W\ GrISBOENB, The Chairman of the City Board, Auckland. Under Secretary. 0 ■ No. 18. The Seceetaby to the City Board, Auckland, to the Hon. the Colonial Secbetaby. Sik, — City Board of Commissioners' Office, Auckland, 22nd November, 1864. I have the honor to acknowledge the receipt of your letter of the loth current, in answer to the letter addressed by the Chairman of the Board to the Colonial Secretary on the subject of the proposed sale of the site of the Supreme Court House and Gaol in Queen Street. I have, &c, John* Ogilvie, "W. Gisborne, Esq., Under Secretary. Secretary to the Board. No. 19. The Supeeintendet, Auckland, to the Hon. the Colonial Secbetaby. Sir, —■ Superintendent's Office, Auckland, 15th November, 1864. I have the honor to forward herewith copy of Address jNTo. 68, dated 14th instant, presented to me by the Provincial Council, in reference to the purchase of the site of the old Supreme Court House. I also enclose copy of an amendment to the resolution transmitted in that Address, w rhich was moved by Mr. Carleton, a member of the Executive Council, and which was negatived. I am fully aware of the difficulties which beset the question, but express a hope that you will endeavour to meet the wishes of the Council as far as you can. I have, &c, Robert Gbaham, The Hon. Colonial Secretary, Auckland. Superintendent. Enclosure 1 to No. 19. ADDEESS No. GS. —Extract from the Journals of the Auckland Provincial Council, Session XVII., 1864. Monday, 14th November, 1861. Resolved, —That this Council pledges itself after the ensuing adjournment to pass measures enabling the Provincial Government to furnish the necessary funds, not exceeding the sum of £25,000, for the purpose of securing to the Province the site of the old Supreme Court House. That in the opinion of this Council the necessary funds can be easily furnished by a careful revision of the Estimates ofExpenditure of the revenue for the year 1865, and by amending the several empowering Acts, authorizing the expenditure of the money to be raised by virtue of " The Loan Act, 1863." That should His Excellency's responsible advisers be not satisfied with this pledge, the Council will proceed during this session to enact measures to legalize the necessary expenditure. That this Council has made provision this session to the extent of £1500 for the erection of a building to provide temporary Supreme Court accommodation. That considering ample temporary accommodation will be provided in the course of a few weeks to hold the sittings of the Snpreme Court in, this Council is of opinion that no injury to the public service will arise in delaying the commencement of the proposed new Supreme Court House for a few months. That this Council respectfully recommend that the sale of the site of the old Supreme Court House should be postponed in order to enable the Provincial Government to complete the purchase of the same on equitable terms. That this Council is of opinion that the present high market value of land should not be considered by the General Government as a basis to fix the sum and exact the highest value, as consideration should be given to the Provincial Government being placed in the position of having to purchase a public reserve and one of the most valuable sites in the city for public buildings. That this Council considers the proposals of the Hon. W. Fox to settle the value of the site on equitable terms by arbitration, as fair and reasonable and would recommend that steps be taken forthwith to ascertain" the value of the site, as proposed, in order that the Council may have the necessary information at an early sitting of the Council after the adjournment. That an Address be presented to his Honor the Superintendent, requesting him to forward a copy of the foregoing resolution to the General Government. (True extract.) ~YVm. Powditcii, II is Honor the Superintendent. Speaker. Enclosure 2 to No. 19. RESOLUTION by Mr. Cableton.—(Negatived) That an Address be presented to his Honor the Superintendent requesting him to send down a Bill appropriating the sum of twenty-five thousand pounds, to be advanced out of the loan, for purchasing the site for the Supreme Court House, such site to be sold in order to refund the £25,000 so advanced should the Council at a given future time not be able to find other convenient means of repayment. D

13

ERECTION OE SUPREME COURT, ETC.

IK— IS To. 4.

And in reference to the proceeds of the sale, it is considered that they should come into the Colonial Treasury, to enable the Governor to convey the lands by a Crown grant. It is submitted, therefore, that the Commissioners for the erection of Public Buildings should be requested to give the Colonial Treasurer a receipt for the money which it is understood has been placed to their credit by the Provincial Treasurer, and that the transaction should then be passed through the public accounts of the Colony. Chables Knight, Auditor. The Hon. the Colonial Secretary. December, 1864. No. 29. The Hon. the Colonial Seobetaey to the Secretary to the Commissioners of Public Build is as, Auckland. Sib, — Colonial Secretary's Office, Auckland, 24th December, 1864. The Government has had under its consideration the recent payment of a sum of £'25,000 into the Bank to the credit of the Commissioners for the erection of Public Buildings in Auckland, that sum being the proceeds of a private sale to the Superintendent of Auckland, of Allotments 1, 2, 3, 4, section 15, City of Auckland. " The Auckland Reserves Act, 1858," empowers the Governor to sell the lots referred to by publicauction, and to give grants for them, and appropriate the proceeds to the erection of a Court of Justice. It appears, however, in the case under consideration, that the land has been granted to the Superintendent of Auckland under "The Public Reserves Act, 1854," and that the Superintendent has paid in consideration of such grant the sum of £25,000, which, as has been stated, has been paid to the Commissioners without going through the Colonial Treasury. The Hon. the Attorney General, vo whom the question has been referred, is of opinion that, as the transaction has not been effected in conformity with " The Auckland Reserves Act, 1858," it will require a confirmatory Act of the General Assembly, and that the money should bo paid into the Colonial Treasury. I am therefore to request that the Commissioners will be good enough to pay the amount in question (£25,000) into the Colonial Treasury, in order that it may be brought into account and appropriated to the purpose prescribed by law. When the amount has so been paid into the Treasury, the Government will be happy, ui der arrangements which will be mutually agreed upon, to allow the Commissioners to draw from time to time upon it, for such purpose —which is, the erection of a Court of Justice. I have, &t\, The Secretary to the Commissioners of Public A\ r. GISBOENE, Buildings, Auckland. Under Secretary. No. 30. The Secretabt to the Commissioners of Public Buildings, Auckland, to the Hon. the Colonial Secretary. Public Buildings Commission, Auckland, Sir, — 9th January, ISGS. I am directed by the Commissioners for the erection of Public Buildings to acknowledge the receipt of your letter of the 21th December, in reference to the sum of £25,000 placed to (heir credit in the Bank of New Zealand, and to transmit to you a copy of the correspondence between his Honor the Superintendent and the Bank, which will explain the arrangement made respecting the above amount. 1 have, &c, Sampson Kempthorne, The Hon. the Colonial Secretary. Secretary. Enclosure 1 to Ko. 30. The Inspector of the Bask of New Zealand to the Superintendent, Auckland. Sir,— Bank of New Zealand, Auckland, 18th November, 186-1. Referring to your interview with the General Manager and myself, as to the negotiation of £50,000 of the Debentures under " Loan Act, 1&C3," in excess of the amount of £100,000, which you can under the agreement of Sth July. 1868, demand from the Bank in any one year, I ha\o now the honor to state, that, on condition of being furnished with the debentures, and coupons attached, within one month of the receipt of the forms from London, the Bank will advance the £50,000 required, as a portion of the amount to which you would be entitled for the year 18C6, or during the thiid year of the agreement; it being understood that the said amount of £50,000 is to be paid to the Commissioners for Public Buildings, and by them placed on fixed deposit for twelve months with the Bank of New Zealand, the Commissioners being at liberty to transfer from said deposit-account, during the twelve months, the sum of £15,000, in sums of not less than £5000 each, and the Bank to allow interest on the balance of the fixed deposit-account at the rate of 5 per cent, per annum. On your signifying your acceptance of these terms, the Bank will be prepared to complete the transaction. I have, &c, D. L. Murdoch, His Honor the Superintendent, Auckland. Inspector.

14

CORRESPONDENCE RELATIVE TO

D.—No. 4

thoroughfare, but only an accommodation road to afford a private back entrance to other allotments in Queen and other streets, so as to prevent the necessity of using valuable frontage to afford access to the rear of premises, an arrangement which would appear not only to afford convenience to the occupiers but also advantage to the public, by preventing the necessity of unloading goods in public streets through which there is a largo traffic. I have, Ac, W. GISBOKNE, The Chairman of the City Board, Auckland. Under Secretary. No. 18. The Secretaet to the Citt Board, Auckland, to the Hon. the Coloxial Secretary. Sie, — City Board of Commissioners' Office, Auckland, 22nd November, 1864. I have the honor to acknowledge the receipt of your letter of the 15th current, in answer to the letter addressed by the Chairman of the Board to the Colonial Secretary on the subject of the proposed sale of the site of the Supreme Court House and Gaol in Queen Street. I have, &c, John Ogiltie, W. Gisborne. Esq., Under Secretary. Secretary to the Board. No. 19. Tile StrPEBrNTEBrDET, Auckland, to the Hon. the Coloxiai Sechetaht. Sib, — Superintendent's Office, Auckland, 15th November, 1861. I have the honor to forward herewith copy of Address No. 6S, dated 14th instant, presented to me by the Provincial Council, in reference to the purchase of the site of the old Supreme Court House. I also enclose copy of an amendment to the resolution transmitted in that Address, which was moved by Mr. Carleton, a member of the Executive Council, and which was negatived. I am fully aware of the difficulties which beset the question, but express a hope that you will endeavour to meet the wishes of the Council as far as you can. I have, &c, Robert Graham, The Hon. Colonial Secretary, Auckland. Superintendent. Enclosure 1 to No. 19. ADDRESS No. 68. —Extract from the Journals of the Auckland Provincial Council, Session XVII., 1864. Monday, 14th November, 1864. Resolved, —That this Council pledges itself after the ensuing adjournment to pass measures enabling the Provincial Government to furnish the necessary funds, not exceeding the sum of £25,000, for the purpose of securing to the Province the site of the old Supreme Court House. That in the opinion of this Council the necessary funds can be easily furnished by a careful revision of the Estimates ofExpenditure of the revenue for the year 1865, and by amending the several empowering Acts, authorizing the expenditure of the money to be raised by virtue of " The Loan Act, 1863." That should His Excellency's responsible advisers bo not satisfied with this pledge, the Council will proceed during this session to enact measures to legalize the necessary expenditure. That this Council has made provision this session to the extent of £1500 for the erection of a building to provide temporary Supreme Court accommodation. That considering ample temporary accommodation will be provided in the course of a few weeks to hold the sittings of the Supreme Court in, this Council is of opinion that no injury to the public service will arise in delaying the commencement of the proposed new Supreme Court House for a few months. That this Council respectfully recommend that the sale of the site of the old Supreme Court House should be postponed in order to enable the Provincial Government to complete the purchase of the same on equitable terms. That this Council is of opinion that the present high market value of land should not be considered by the General Government as a basis to fix the sum and exact the highest value, as consideration should be given to the Provincial Government being placed in the position of having to purchase a public reserve and one of the most valuable sites in the city for public buildings. That this Council considers the proposals of the Hon. W. Fox to settle the value of the site on equitable terms by arbitration, as fair and reasonable and would recommend that steps be taken forthwith to ascertain the value of the site, as proposed, in order that the Council may have the necessary information at an earlv sitting of the Council after the adjournment. That an Address be presented to his Honor the Superintendent, requesting him to forward a copy of the foregoing resolution to the General Government. (True extract.) "VVm. Powditch, H is Honor the Superintendent. Speaker. Enclosure 2 to No. 19. RESOLUTION by Mr. Cahleton.—(Negatived) That an Address be presented to his Honor the Superintendent requesting him to send down a Bill appropriating the sum of twenty-five thousand pounds, to be advanced out of the loan, for purchasing the site for the Supreme Court House, such site to be sold in order to refund the £25,000 so advanced should the Council at a given future time not be able to find other convenient means of repayment. D

15

ERECTION Off 1 SUPREME C©URT, ETC.

NO. 4;

And iu reference to tlie proceeds of the sale, it is considered that they should eonie into the Colonial Treasury, to enable the Governor to convey the lands by a Crown grant. It is submitted, therefore, that the Commissioners for the erection of Public Buildings should be requested to give the Colonial Treasurer a receipt for the money which it is understood has been placed to their credit by the Provincial Treasurer, and that the transaction should then be passed through the public accounts of the Colony. Charles Knight, Auditor. The Hon. the Colonial Secretary. December, 1864. No.' 29. Tiie Hon. the Colonial Secretary to the Secretary to the Commissioners of Public Buildings, Auckland. See, —' Colonial Secretary's Office, Auckland, 24th December, 1864. The Government has had under its consideration the recent payment of a sum of £25,000 into the Bank to the credit of the Commissioners for the erection of Public Buildings in Auckland, that sum being the proceeds of a private sale to the Superintendent of Auckland, of Allotments 1, 2, 3, 4, section 15, City of Auckland. " The Auckland Eeserves Act, 1858," empowers the Governor to sell the lots referred to by public auction, and to give grants for them, and appropriate the proceeds to the erection of a Court of ice. It appears, however, in the case under consideration, that the land has been granted to the Superintendent of Auckland under " The Public Eeserves Act, 1854," and that the Superintendent has paid in consideration of such grant the sum of £25,000, which, as has been stated, has been paid to the (Commissioners without going through the Colonial Treasury. The Hon. the Attorney General, to whom the question has been referred, is of opinion that, as the transaction has not been effected in conformity with " The Auckland Eeserves Act, 1858," it -will require a confirmatory Act of the General Assembly, and that the money should be paid into the Colonial Treasury. I am therefore to request that the Commissioners will be good enough to pay the amount in question (£25,000) into the Colonial Treasury, in order that it may be brought into account and appropriated to the purpose prescribed by law. "When the amount has so been paid into the Treasury, the Government will be happy, urder arrangements which will be mutually agreed upon, to allow the Commissioners to draw from time to i ime upon it, for such purpose —which is, the erection of a Court of Justice. I have, Ac, The Secretary to the Commissioners of Public W. Gisborne, Buildings, Auckland. Under Secretary. No. 30. The Secretary to the Commissioners of Public Buildings, Auckland, to the Hon. the Colonial Secretary. Public Buildings Commission, Auckland, Str, — 9th January, 1865. I am directed by the Commissioners for the erection cf Public Buildings to acknowledge the i.'ceipt of your letter of the 24th December, in reference to the sum of £25,000 placed to their credit in the Bank of New Zealand, and to transmit to you a copy of the correspondence between his Honor ■ ■ Superintendent and the Bank, which will explain the arrangement made respecting the above amount. 1 have, &c, Sampson Kempthobne, The Hon. the Colonial Secreiary. • Secretary. Enclosure 1 to No. 30. The Inspector of the Bank of New Zealand to the Superintendent, Auckland. Sir, — Bank of New Zealand, Auckland, 18th November, 1864. Referring to your interview with the General Manager and myself, as to the negotiation of £50,000 of the Debentures under " Lcrai Act, ItC.X" in excess of the amount of £100,000, nfcieh you can under the agreement of Bth Julv, 1863, demand from the Bank in any one year, I lm\e now the honor to state, that, on condition of being furnished with the debentures, and coupons attached, within one month of the receipt of the forms from London, the Bank will advance the £50,000 required, as a poi I ion of the amount to v\hich you would be entitled for the year 1866, or during the thiid year of the agreement; it being understood that the said amount of £50,000is to be paid to theCommissioners for Public Buildings, and by them placed on fixed deposit for twelve months with the Bask of New Zealand, the Commissioners being at liberty to transfer from said deposit-account, during the twelve months, the sum of £15,000, in sums of not less than £5000 each, and the Bank to allow interest en the balance of the fixed deposit-account at the rate of 5 per cent, per annum. On your signifying j our acceptance of these terms, the Bank will be prepared to complete the transaction. I have, &c, D. L. Murdoch, .His Honor the Superintendent, Auckland. Inspector.

16

CORRESPONDENCE RELATIVE TO

D—No. 4.

Enclosure 2 to No. 30. The Superintendent, Auckland, to the Inspector of the Bank of New Zealand. Sin, — Superintendent's Office, Auckland, 19th November, 1864. In reply to your letter No. 4-10, of date 18th instant, stating that, on condition of being furnished with the debentures, and coupons attached, within one month of the receipt of the forms from London, the Bank of New Zealand will advance the £50,000 required in excess of the £100,000 which can be demanded under the agreement of Bth July, 1863, it being understood that the said amount of £50,000 is to be paid to the Commissioners for Public Buildings, and by them placed on fixed deposit for twelve months with the Bank of New Zealand, the Commissioners being at liberty to transfer from such deposit-account the sum of £15,000, in sums of not less than £5000 each, and the Bank to allow interest on the balance of the fixed deposit account at the rate of 5 per cent, per annum : I have the honor to signify hereby my acceptance of these terms, and to request that the Bank will complete the transaction. I presume that the debentures, when issued, should bear upon them this day's date. I have, Ac, The Inspector of the Bank of New Zealand, Eobert Graham, Auckland. Superintendent. No. 31. The Hon. Colonial Secretary to S. Kempthorne, Esq. Sir, — Colonial Secretary's Office, Auckland, 16th January, 1565. I am directed to acknowledge the receipt of your letter of the 9th instant, in reply to mine of the 24th ultimo, on the subject of a sum of £25,000, placed to the credit (in the Bank of New Zealand) of the Commissioners for the erection of Public Buildings in Auckland. In reply I am to state for the information of the Commissioners that it is the intention of the Government to lay the circumstances relative to this transaction before the General Assembly, and I am in the meantime to point out, that neither in the case in question nor in that of the Government House land (the proceeds of which should have been paid into the Colonial Treasury) does it appear that the provisions of the Acts of the General Assembly respectively relating to these matters have been complied with. I have, &c., S. Kempthorne, Esq., W. Gisborne, Secretary to Commissioners of Public Buildings, Auckland. Under Secretary. No. 32. Public Buildings Commission to the Hon. the Colonial Secretary. Sir, — Public Buildings Commissions Office, Auckland, 7th April, 1865. I have the honor, on behalf of the Commissioners for Public Buildings, Auckland, to acknowledge receipt of your letter No. 22, under date January 16th ultimo. I have, &c, W. Gisborne, Esq., Joseph Brown, Under Secretary, Wellington. Clerk to Board of Commissioners. No. 33. MEMOEANDUM by the Secretary fob Crown Lands. Auckland, 20th January, 1865. With respect to the sale of the site in Queen Street, of the old Supreme Court, I have this to remark: The necessity for building a new Supreme Court in Auckland being admitted on all sides, the late Government determined to delay no longer the carrying into effect of the provisions made by the Legislature in " The Auckland Eeserves Act, 1858," for supplying funds for the erection of the building required ; they therefore announced their intention of selling by auction the land described in No. 5 paragraph of the Schedule of that Act, the proceeds of which sale, by section 4 of the Act it is declared shall be applied to the " erection of a Court of Justice in the City of Auckland." The Provincial Council, becoming aware of this intention, commenced a violent opposition to the course proposed, chiefly, I believe, on the ground that all reserves in the city should be claimed for the public. This desire is of course, in itself, a very proper and beneficial one, but considering the necessity existing for a Court House, and the great demands on the Provincial and General public funds at present, was, I think, injudiciously displayed on the present occasion The Government, to meet the wishes of the Provincial Council, as far as it could, consistently with its higher duty of getting a Supreme Court House erected, agreed to sell the land in Queen Street to the Province, for a sum equal to what it was estimated it would fetch if cut up into sections and sold by public auction, viz. : £25,000. The Provincial Government agreed to this proposal. But as some difficulty existed as to the immediate possession of the purchase money, the Provincial Government proposed to pay it out of their authorized loan of £500,000 ; and as they had an agreement with the Bank of New Zealand for the advance of £100,000 each year till the loan was exhausted, I presume, (for the duration of these payments is not stated in the correspondence before me), and had appropriated the £100,000 due in the year 1865, a special agreement was entered into, under which the Bank undertook to advance a sum of £50,000, (to cover also the cost of the new Government House, to be presently alluded to), as a portion of the £100,000 due to the Province in the year 1866 ; the said sum of £50,000 to be paid to the Commissioners for Public Buildings (recently appointed), and by them placed on fixed deposit for twelve months with the Bank of New Zealand —the Commissioners being at liberty to transfer from E

17

ERECTION OF SUPREME COURT

D.—No 4

said deposit account, during the twelve months (immediately ens ling), the sum of £15,000, in sums of not lesa than £5000 each—the Bank to allow interest on the balance of the fixed deposit account at the rate of 5 per cent, per annum. This was considered an advantageous arrangement, because it secured to the Province the public reserve which they so much coveted, while it gave the addition to the Building Fund of as much interest as would have been obtained had the land been sold by auction and the proceeds lodged in the Bank. On this arrangement being effected, the land was granted to the Superintendent under " The Public Eeserves Act, 1854." The presumed technical irregularities in this proceeding were: Ist. The land was not sold by " public auction," as the Act requires. 2nd. It was granted under " The Public Eeserves Act, 1854," not under " The Auckland Eeserves Act, 1858." 3rd. The purchase money was not paid in to Government. With respect to the Ist, I cannot give any reason why the sale was not conducted by way of public auction. This is the more difficult to be accounted for, because the Act expressly authorizes the Governor to sell it either " altogether, or in lots." So that it could have been put up in one lot—and the Provincial Government bidding the price agreed upon, it would have been knocked down to them, there being no chance of any other bidders. 2nd. I cannot tell why the grant was made under " The Public Eeserves Act, 1854," except to remove the transaction altogether from the conditions of the Auckland Eeserves Act. Whether this could be done with direct attention to legality, I cannot say. The late Attorney-General, I presume, considered it could. The Act of 1858 is permissive, perhaps, not obligatory ; the words empowering sale being: "It shall be lawful for the Governor, whenever he shall think fit." It does not appear altogether clear that this discretionary power of selling particular reserves superseded the previous power of granting reserves in general, given by the Act of 1854. With respect to the 3rd objection, I think the deviation from the Act may be explained by the reason just given, and also by the fact stated above, that the Province had not the ready money to pay down. This is all I can say for the mere mode of selling and granting this land. But I will say that I am very decidedly of opinion that the spirit of the Act, and the intention of the Legislature, looked at from a commousense point of view, have been scrupulously regarded in the transaction. And as it is of the highest importance that the object of the Legislature should not be defeated, and the contemplated benefit to the public should not be frustrated, by any impediments being thrown in the way of the speedy erection of a Court House at Auckland, I trust that the present Government, whether they agree in the view stated, in the last paragraph, of this transaction or not, will content themselves with submitting to the General Assembly, at its next Session, an Act to validate the Crown grant which has been issued, should they think such a step necessary. I may add, as one of the Public Buildings Commissioners, that a very superior design has, after several fruitless attempts and with much trouble, been at last obtained for a new Court House, and the Architect, specially brought up by them from Otago, been authorized to make working plans, &c, for the same, under a binding engagement with respect to his remuneration. I have, &c, Alfbed Domett, To the Hon. the Attorney-General. Secretary for Crown Lands. No. 34. The Supeeintendent, Auckland, to the Hon. the Colonial Seceetaey. Sie, — Superintendent's Office, Auckland, May sth, 1865. I have to request that you will be good enough to inform me whether or not the site originally selected for the erection of a Supreme Court House is still available. A tracing, showing the position, (colored pink), is enclosed for your information. I have, &c, Hugh Caeleton, The Hon. the Colonial Secretary, Wellington. (for the Superintendent.) No. 35. The Hon. the Colonial Seceetabt to the Supeeintendent, Auckland. Sie, — Colonial Secretary's Office, Wellington, sth June, 1865. I have to acknwledge receipt of your Honor's letter No. 315, of the sth ultimo, and to inform you in reply, that as far as the General Government are concerned, there is no objection on their part to the erection of a new Supreme Court House at Auckland, on the site indicated in the tracing which you enclose in your letter. Should it be found hereafter that for technical reasons an Act of the General Assembly is required to appropriate this land for such purpose, the Government will submit a Bill to that body with that object. I have, &c, His Honor the Superintendent, Auckland. Feed. A. Weld. No. 36. The SuPEEiNTENDEsr, Auckland, to the Hon. the Colonial Seceetaey. ■Sie, — Superintendent's Office, Auckland, 17th June, 1865. I have the honor to acknowledge receipt of your letter No. 208, of date the sth instant, informing me that there is no objection (so far as the General Government are concerned) to the erection of the new Supreme Court House at Auckland, on the site indicated on the tracing forwarded in my letter of date the sth ultimo. I have, &c, Eobeet Geaham, The Hon. the Colonial Secretary, Wellington. Superintendent.

18

CORRESPONDENCE EELATIVE TO ERECTION

D.—No. 4.

No. 1. The Superintendent, Auckland, to the Hon. the Colonial Secretary. Sib, — Superintendent's Office, Auckland, 12th September, 1863. Eeferring to the various conversations held with you respecting a site for Government buildings, I have the honor to inform you that, being authorised by the Provincial Council to incur the expense necessary for the erection of suitable Public Buildings, for the convenience of both General and Provincial Governments, I am desirous to obtain a central and convenient site for that purpose without delay, and should be glad to be enabled to lay before the Council, as soon as possible after it assembles on the 25th instant, some defined arrangement relative thereto. I therefore now propose as part of the arrangement, that the present Government House and grounds should be valued and handed over to the Province, and that the sum fixed by such valuation be expended by me in the erection of a Government House in the Domain, on a plan to be approved of by the General Government. I have, &c, BOBERT GRAHAM, The Hon. the Colonial Secretary, Auckland. Superintendent. No. 2. The Hon. the Colonial Secretary to the Superintendent, Auckland. Sir, — Colonial Secretary's Office, Auckland, 22nd September, 1563. I have the honor to acknowledge the receipt of your letter of the 12th instant, No. 890, respecting a site for public buildings for the General and Provincial Governments, which your Honor is authorised by the Provincial Council to erect, and in reply to state that the Government agree to your proposal to the effect that the present Government House and grounds should be handed over to the Province, provided that the Provincial Government expends a sum of twenty-five thousand pounds in the erection of a Government House in the Domain, on a place to be approved of by the General Government. In order to give ample space for the buildings in question as well as to afford your Honor every facility for placing them in such a position as to make them most ornamental to the City of Auckland, I have through His Excellency the Governor obtained the assent of the Military authorities to the reserve around the Albert Barracks being used for this purpose. The only conditions upon which the assent has been given are as specified in a letter from Colonel Mould to the Assistant Military Secretary dated 12th September, 1863, (a copy of which is enclosed,) that no buildings but those for public purposes shall be erected on the reserves, and that any plan which requires an alteration of or interferes with the present road from Princes-street to Albert Barracks, or the entrance to the Barracks, shall be previously submitted for approval to the Military authorities. I have, &c, Alfred Domett. His Honor the Superintendent, Auckland. No. 3. The Superintendent, Auckland, to the Hon. the Colonial Secretary Sir. Superintendent's Office, Auckland, 6th October, 1863. I have the honor to acknowledge receipt of your letter No. 381, of date 22nd September ultimo, agreeing to my proposal respecting a site for Public Buildings and the erection of a new Government House at the expense of the Province, in consideration of the site transferred to the Provincial Government for that purpose. I hereby assent to your proposal that twenty-five thousand pounds (£25,000) be fixed as the sum to be expended on the erection of the proposed Government House, as the assumed value of the present Government House and adjoining lands, as described in your letter. I have to request that the part of the Domain where it is considered most desirable that the new Government House should be built, may be marked off, in order that competitive designs may be invited for the building to be erected thereon. I have, &c, Egbert Graham. The Hon. the Colonial Secretary, Auckland. Superintendent. No. 4. The Superintendent, Auckland, to the Hon. the Colonial Secretary. Sir, — ' Superintendent's Office, Auckland, 15th February, 1864. I have the honor to inform you that the Provincial Council has placed at my disposal the sum of twenty-five thousand pounds to be expended upon the erection of a Government House in the Auckland Domain, under the arrangement previously made between His Excellency's Government for the transfer to the Provincial Government of the present Government House and certain adjoining lands in re-pay-ment of such expenditure. I have also to state for your information that the Council has voted the sum of ten thousand pounds for the erection of a Post Office, and ten thousand pounds for the erection of a Custom House. Eeferring to these two last-mentioned votes, I forward herewith copy of Address No

19

OF A GOVERNMENT HOUSE AT AUCKLAND.

CORRESPONDENCE RELATIVE TO THE ERECTION OF A GOVERNMENT HOUSE AT AUCKLAND, ETC., ETC.

D.—No. 4,

79, presented to me by the Provincial Council, under date 11th instant, from which you will observe that the Council is of opinion that the Post Office and Custom House buildings should be erected under the immediate superintendence of the Provincial Executive. This however I think need not in practice prevent a harmonious action between the two Governments in the matter, as I am prepared to fix upon sites and have the buildings erected in accordance with plans such as the General Government may consider most suitable for the Postal and Customs services. Should you agree in this view, I shall be happy to confer with His Excellency's Government relative to the sites and plans in question, with a view to arrangements being made for the prosecution of the works with the least possible delay. I have, &c, Robert Graham, The Hon. the Colonial Secretary, Auckland. Superintendent. Enclosure to No. 4 (Address No. 79.) EXTEACT from the Jouenals of the Auckland Provincial Council. Wednesday, 10th February, 1864. With regard to the Public Buildings so urgently required for the public service of the General Government, this Council is of opinion that the buildings referred to ought, without further delay, to be erected under the immediate superintendence of the Provincial Executive —seeing that the funds to be so expended belong to the Province. Resolved —That an Address be presented to His Honor the Superintendent, forwarding the foregoing resolutions. (True extract.) His Honor the Superintendent. Wm. Powditch, Speaker. No. 5. The Hon. the Colonial Secbetaby to the Superintendent, Auckland. Sib, — Colonial Secretary's Office, Auckland, 19th November, 1864. I have the honor to inform you that a Crown Grant of the site of the present Government House in Auckland made in pursuance of " The Auckland Reserves Act, 1863," has been prepared in your favor. It appears from the Act that the intention was to grant eight acres three roods and five perches, but it is found that the boundaries specified in the Act, contain fourteen acres one rood and seventeen perches, and include the intended site of the Public Buildings. Notwithstanding this mistake it appears to the Government that the grant can be legally made, and that it is better to do so, if you will undertake on the part of the Provincial Government that the site intended for the Public Buildings shall be available for that purpose. More land will probably be required for this purpose than was originally intended, and there will be no objection, should the Provincial Government require it, to give an equivalent in other land at the disposal of the General Government. It must also be distinctly understood that the buildings erected by the Commissariat on land outside the Government boundary fence shall not be interfered with. I have, &c, Feeds. Whitakeb, His Honor the Superintendent, Auckland. (In the absence of Mr. Fox.) No. 6. The Superintendent, Auckland, to the Hon. the Colonial Secretaby. Sib, — Superintendent's Office, Auckland, 20th November, 1864. I have the honor to acknowledge receipt of your letter No. 369, of date 19th instant, enclosing a Crown Grant of the site of the present Government House. I will undertake that nothing shall be wanting on my part to fulfil the conditions alluded to in your letter. I have, &c, Robert Graham The Hon. the Colonial Secretary, Auckland. Superintendent. No. 7. MEMORANDUM by Secretary foe Crown Lands. Auckland, 20th January, 1865. The sale and grant of the present site of Government House was effected under " The Auckland Reserves Act, 1863." The Legislature having passed this Act, I do not know that it would be necessary to say a word about the propriety or policy of the transaction, but for one circumstance which may possibly be held to justify the opinion that the decision of the Legislature implied by the passing of an Act, was not so conclusive as to preclude such considerations. The circumstance is, that the Preamble of the Act, in describing the land to be sold, states it as " containing 8 acres 3 roods and 5 perches, more or less"; and then gives, with great exactness and precision, specific boundaries, which have since been found to contain about 14 acres. The immediate cause of this error I fancy to be, that the description in the Act of 1863 was copied from that of the same piece of land in the Schedule to " The Public Domains Act, of 1860." For the two descriptions agree word for word and figure for figure. How it got into the lastnamed Act, I suppose no human being will be found to tell. Probably it was owing to the carelessness of some surveyor to whom, no doubt, the draft Act was referred to insert the description of the land.

20

CORRESPONDENCE RELATIVE TO ERECTION

D.—No. 4u

I suppose the particularity of the descriptions of the boundaries of this piece of land was considered by the late Government as conclusive as to the amount of land authorized by the Act to be sold and conveyed. If the policy of the Act itself is to be reconsidered, there are certainly some points about the transaction which shew that the Province of Auckland had altogether the best of the bargain in dealing with the Colony. The land was valued at £25,000 —fair enough sum for 8 acres. But it seems to have been overlooked that the Province of Auckland had been paid, in 1861, for the Government House buildings (which were included in the late sale for £25,000) a sum of £11,650 ; leaving £13,350 to be paid by the Province for the 14 acres sold under the 1858 Act; or perhaps a somewhat larger sum, if the decrease in value of the building since 1861 be taken into account. I account for this only on the ground that these reserves and the Government House were looked upon as property of the Province of Auckland, and transactions affecting them as affecting mainly the people of Auckland. When the original agreement was entered into for the sale of this land, and when the Act authorizing it was passed, there existed no jealousy as to the relative amount of advantage to be derived from the transaction by the Province or by the Colony. Indeed, it scarcely seemed to be considered necessary to weigh with any degree of nicety the respective interests of the two parties in the matter, still less to look upon them as rival or antagonistic. The remarks made above upon the non-payment of the purchase money of the Supreme Court site into the hands of Government, apply equally to the similar omission in this case. I shall only add one more to these remarks, which is, that, in spite of the recent change of the Seat of Government, it does not appear to me that there is any impropriety in proceeding with the building of a Government House, as proposed, in the Domain. To say nothing of future possibilities of a return to the old site as head quarters of the Government, there is no reason why there should not be a Government House at Auckland, though the Seat of Government be at Wellington ; just as there has been for many years a Government House maintained at Wellington, while the Seat of Government was at Auckland. The Governor, I presume, might very often reside in the Province though it were not head quarters, (certainly, whenever the Native question shall have been settled). I should like to see also a Government House at Dunedin. The effects might be beneficial. I have, &c, Alfred Domett, For the Hon. the Attorney-General. Secretary for Crown Lands. No. 8. MEMOBANDTJM by the Attorney-General for the Colonial Secretary. February 17th, 1865. I recommend that the Commissioners of Public Buildings in Auckland be instructed to take no steps in reference to the building of a Government House at Auckland, until further instructed by the Government. Also that they be requested to report as to the exact steps taken by them in reference to public buildings at Auckland. In consequence of the departure of Messrs. Domett, Gisborne, Knight, and Daldy, from Auckland, and the resignation of Messrs. Martyn and Newman, I think the Commission should be reconstituted, or its functions terminated. The Hon. the Colonial Secretary. Henry Sewell. No. 9. The Hon. the Colonial Secretary to Secretary or Public Buildings Commission. Sir, — Colonial Secretary's Office, Wellington, 22nd February, 1865. With reference to my letter No. 22, of the 16th ultimo, on the subject of the proposed erection of a new Government House at Auckland, the General Government request the Commissioners of Public Buildings there to take no steps in the matter of that building until they reeeive further instructions from the Government with respect to it. The Government also request the Commissioners to be good enough to transmit a report, in continuation of their previous one, shewing exactly the steps which have been taken by them, in reference to public buildings at Auckland. Mr. Weld desires me to request you to lay this letter at once before the Commissioners. I have, &c, W. Gisborne, The Secretary to the Commissioners of Public Buildings. Tinder Secretary. No. 10. The Commissioners foe Public Buildings to the Under Secretary, Wellington. Commissioners for Public Buildings Office, Sir,— Auckland, March 6th, 1865. With reference to your letter of the 22nd February ultimo, addressed to Mr. Kempthorne, conveying a request by the Colonial Secretary that no steps be taken in respect to the Government House until the receipt of further instructions from the Government, I am directed by the Public Buildings Commissioners to state for Mr. Weld's information that, in the execution of their commission, they have chosen the site for the building; fixed upon the design ; expended about four hundred pounds in plans, surveys, and other preparatory work ; and have entered into an engagement with Mr. Kumsey, the successful competitor of the best designs, for a year certain, at the rate of seven hundred pounds a-ycar to prepare the working drawings, superintend the building, and generally to act as architect —a liability binding on the Commissioners in any event. Looking to the large number of emigrants now being suddenly brought into the Province, it appears to the Commissioners that many of them will be reduced to great distress in the course of the winter, unless work be found for them by the Government, or other employers of labor on a large scale. F

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21

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D.—No. 4,

Building materials are now to be purchased on reasonable terms. Under these circumstances, theCommissioners suggest, for the consideration of the Government, whether it is desirable that they should be prohibited from proceeding with the building, now that the contract may be secured or* reasonable terms. As they are acting in the execution of a Commission issued to them under the hand of the Governor, and under the public seal of the Colony, directing them to take the necessary steps for causing (he construction, without delay, of a Government House, the Commissioners submit that they will hardly be justified in staying their proceedings except by virtue of an equal formal authority. 1 am directed to add, for the information of the Government, that as the business of the Commission did not appear to them to justify them in the employment of a paid Secretary at a salary of three hundred pounds a year, the Commissioners, after giving Mr. Kempthorne a month's notice, ceased to employ his services as Secretary, on the Ist instant. I have, &c, \V. Gisborne, Esq., Under Secretary, Joseph Brown, Wellington. Clerk to the Board. No. 11. The Assistant Treasurer, "Wellington, to the Sub-Treasurer, Auckland. Sir,— Treasury, Wellington, 17th March, 18(55. I have the honor to request that you will be good enough to prepare and forward to this office a copy of the account furnished to the Province of Auckland in March, 1861, of the sum of £13,752 Gs. 6d. r payable to the Province on account of Government House, &c. The Treasury accounts and Colonial Secretary's records for this period having been lost in the " White Swan," the information cannot be obtained hero. If this account cannot be prepared from the Sub-Treasury Books in your charge, a copy of it might perhaps be obtained on application to his Honor the Superintendent of the Province of Auckland, to whom it was forwarded by letter from the Colonial Secretary, No. 130, of 12th March, 1861. I have, &c, The Sub-Treasurer, Auckland. J. Woodward, Assistant Treasurer. No. 12. Assistant-Treasurer, Auckland, to the Hon. the Colonial Tkesureh. Sir,— Sub-Treasury, Auckland, 27th March, 1865. In compliance with the request contained in your letter of the 17th instant, No. 190, 1 have the honor to forward to you a copy of the Account furnished to the Province of Auckland in March, 1861, of the sum of £13,752 6s. 6d., payable to the Province on account of Government House, which I have been able to obtain from the office of his Honor the Superintendent. I have, &s., The Hon. the Colonial Treasure]', Wellington, E. F. Porter. Enclosure to No. 12. The Province of Auckland in Account with the General Government of New Zealand for the value of Land and Buildings exchanged with the Provincial Government of Auckland.

sdfsdffsdsf

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CORRESPONDENCE RELATIVE TO ERECTION

D.—Ho.-*

No. 13. The Hon. the Colonial Secretary to Public Buildings OOMMIBBIOKEBS. Gentlemen, — Colonial Secretary's Office, "Wellington, Ist April, 1865. Referring to previous correspondence, 1 am directed by Mr, Weld to enclose a Commission ■•■ under the hand of His Excellency tho Governor, and issued under the Seal of the Colony, excepting out of the Commission issued on the 29th of February, 1861', the following Public Building, that is to say : a Government House in the Domain at Auckland. The former Commission for all other purposes specified in it, is to continue in full force. I have, &c, W. Gisbobne. Under Secretary. The Commissioners for certain Public Buildings at Auckland, care of Hon. W. Swainson, Auckland. Enclosure to No. 13. His Excellency Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commancler-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of tho; same, &c, &c, &c. To William Crush Daldy, Alfred Domett, John Anderson Gilfillan, Robert Graham, William Swainson, Frederick Whitaker, and to such other persons as shall be hereafter from time to time appointed to assist in the execution of the Commission herein referred to: Whereas by a Commission signed by me, and issued under the Public Seal of tho Colony of New Zealand, on tho 29th day of July, 186-1, I did constitute and appoint you, William Crush Daldy, Alfred Domett, John Anderson Gilfillan, Robert Graham, William Swainson, and Frederick Whitaker, to be Commissioners to select and determine sites, to obtain and sanction plans, and to take all such other accessary steps as you may think fit for causing the construction without delay of certain Public Buildings in Auckland: And. whereas it is expedient, for divers public reasons, to except out of that Commission the following Public Building, that is to say : a Government House in the Domain at Auckland: Now, therefore, I do hereby except out of that Commission the aforesaid Government House in the Domain at Auckland, and do declare the said Commission for all other purposes specified in it to continue in full force notwithstanding. Given under my hand at the Government House, at Auckland and issued under the Seal of the Colony of New Zealand, this first day of April, in the year of our Lord one thousand eiglit hundred and sixty-five. G. Gret.. No. 14. The Superintendent, Auckland, to the Under Secretart, Wellington. Sir, — Superintendent's Office, Auckland, April 25th, 1865. With reference to your letter of date Ist April instant, addressed to the Commissioners for certain Public Buildings at Auckland, enclosing a Commission, in which is contained the following words :— "And whereas it is expedient for divers public reasons to except out of that Commission the following Public Building: that is to say, a Government House in the Domain at Auckland." I have the honor to request that I may be supplied with a statement of the public reasons alluded to. I have, &c, W. Gisborne, Esq., R. Graham, Under Secretary, Wellington. Superintendent. No. 15. The Hon. the Colonial Secretary to the Superintendent, Auckland. Sir, — Colonial Secretary's Office, Wellington, 4th May, 1865. I have to acknowledge the receipt of your Honor's letter of the 25th ultimo, addressed to the Under Secretary, requesting to be supplied with a statement of the public reasons alluded to in an Order in Council dated the Ist ultimo, and published in the New Zealand Gazette of the Bth ultimo, for excepting the building of a Government House in the Domain at Auckland, out of the Commission issued by the Governor on the 29th day of February, 1864. In reply, I have to inform your Honor that " The Auckland Reserves Act, 1863," passed by the General Assembly, only contemplates a grant to the Superintendent of the Province of Auckland of certain land described therein, but the area of which is stated in the Act to be eight acres three roodsfive perches, upon previous payment to the Governor by the Superintendent of £25,000, to be applied to the erection of a Government House in the Domain at Auckland. A Crown grant issued under the authority of that Act was executed under the advice of the late Ministry, on the 18th of November last, (three days before the day on which the General Assembly ■was summoned to meet, and six days before the accession to office of a new Ministry), and that Crown grant which was forwarded to your Honor in my predecessor's letter of the 19th of November last, purports to convey (within the boundaries described in the Act) fourteen acres one rood and seventeen perches, an excess of acreage beyond that specified by the General Assembly equivalent in money value to about £18,000.

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OF GOVERNMENT HOUSE AT AUCKLAND.

B.—TXq. 4.

Nor has the condition which the Act requires as a necessary preliminary to the execution of the grant been complied with, by the payment by your Honor to the Governor of the sum of £25,000. Some understanding, I am informed, has been come to between your Honor and the Commissioners, as to certain advances on account of this sum being from time to time available to their order ; but it does not appear to the Government that the Act has been complied with, requiring as it clearly does as essential to the validity of the grant, a previous payment to the G-overnor of a certain sum, which should therefore have been paid by you into the Colonial Treasury, and thus brought into the Colonial Accounts, before the grant was executed. Taking these circumstances into consideration, and the further fact that the Province of Auckland was paid in 1861, £13,752 cash in addition to certain reserves valued at £1,727 for the present Government House, which is built on the land now purporting to be conveyed to the Superintendent, the Government have determined, before any further steps are taken in the matter, to submit the whole transaction to the General Assembly for their decision thereon. I have, &c., His Honor the Superintendent, Auckland. F. A. Weld. No. 16. The Superintendent, Auckland, to the Hon. the Colonial Seciietaky. Snt, — Superintendent's Office, Auckland, 17th May, 1865. I have the honor to acknowledge the receipt of your letter of the 4th instant, supplying me with a statement of the public reasons alluded to " in an Order in Council, dated the first ultimo, and published in the New Zealand Gazette of the Bth ultimo, for excepting the building of a Government House in the Domain at Auckland, out of the commission by the Governor on the 29th of February, 1864." Prom this communication I learn that the " public reasons " referred to are: — 1. That the grant forwarded to me in your predecessor's letter of the 19th of November last, purports to convey (within the boundaries described in the Act) fourteen acres one rood aud seventeen perches, instead of eight acres three roods and five perches, an excess in acreage equivalent, you state in money, to about £18,000. 2. That " the condition which the Act requires as a necessary preliminary to the execution of the grant" has not been complied with by the payment of £25,000 by me to the Governor. It is quite true that although the boundaries of the land as minutely described in chains and links are identical in the Act of the Assembly, aud in the Crown Grant, there is a difference between the quantity in acres roods and perches stated in the Act and that set forth in the grant, the latter being correct. But I must beg to remind you that the arrangement made by me with the General Government in 1863, had no reference whatever to quantity but to a specific piece of land, aud that that piece of land, neither more or less, has been conveyed to me as Superintendent by the Crown Grant. There is no mistake as to the piece of laud, nor as to the boundaries, and I am unable (nor is it necessary for me) to account for the erroneous statement of quantity made by the Act prepared by the General Government and passed by the General Assembly, to give effect to the arrangement made with me. Ton must also permit me to say that I cannot assent to the rule of these calculations by which you profess to prove that because eight acres three roods five perches, with a house, which you state cost £15,479 are worth £25,000 —an additional five and a half acres without any buildings—are worth £18,000 more. There is however a difference of opinion between us on a far more important point. You appear to think that the land in question is a property that may be disposed of by the General Government for its own benefit, and I must dissent from this view as a direct encroachment on the rights of this Province. If I understand it correctly the object of the legislation of the General Assembly has been to give the Provinces rights altogether inconsistent with appropriation without their consent of money arising from the disposal of land ; and special provision is made by " The Public Reserves Act, 1854, in reference to land set apart for the General Government reserves, when no longer required, for the purpose, by providing that it shall be lawful for the Governor after receiving for the General O-overnment a reasonable sum for the improvements made thereon to grant the same or any part of it to the Superintendent of the Province in which such land is situated. Acting on the rule thus laid down, the Province of Auckland would be entitled to the land in question when no longer required by the General Government, on payment of a reasonable sum for the improvements " made thereon, " to wit tho value of a house built ten years ago of wood, at a cost of about £12,000, now worth about £6,000, less than one-fourth sum which the Province consented to pay in consideration of the purpose to which the money was to be applied —the erection of a Government House in the Domain at Auckland. It is not correct as stated by yon that an understanding has been come to between myself and the ■Commissioners for Public Buildings as to certain advances on account of this sum. No communication on the subject took place between the Superintendent aud the Commissioners, as all the business connected with this matter was arranged by me with the General Government; but it is true that no previorwi payment of £25,000 passed between the Governor and the Superintendent, the fact being that "the sum of £25,000 was raised by loan by the Province of Auckland, at six per cent interest, and that that sum was paid by me as directed by the General Government for the special purpose authorised by the Act of Assembly. This Pro\ ince is now paying the interest and a sinking fund on that sum. I presume you do not mean that it was esaential»to the validity of the grant that tho literal terms of the Act should be complied with, and the money paid to the Governor personally ; but if this be so I must be allowed to observe that I cannot perceive that there ha« been any more real departure from the requirement of the Act in what has been done than there would have been if the course pointed out by you had been adopted. In this case the money was paid as directed by the General Government to certain Commissioners specially appointed by the Governor to carry out the Act of Assembly ; in the

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CORRESPONDENCE RELATIVE TO ERECTION

D.—No. 4

other case it would have been paid not to the Governor but into the Colonial Treasury, by whom and in what manner to be expended you do not state. You state that the grant was issued " three days before the day on which the General Assembly was summoned to meet, and sis days before the accession to office of a new Ministry." lam unable to see that this is at all relevant to the question of the validity of the grant, or that it concerns either the Province of Auckland or myself; nor should I have referred to the point at all but that I desire to say a few words to clear myself of any charge of having neglected the business of the Province. It was in no way my fault that so much delay took place since December, 1863, when the Act passed, as I made repeated applications and received from time to time promises, some of them months before that, informing me that the grant should be issued without delay. Of course it is quite competent for you to " submit the whole transaction to the General Assembly for their decision thereon;" but I very respectfully submit to you, whether, assuming the grant made to me as Superintendent, is a valid one, would it be just or even expedient to induce the General Assembly to repudiate an agreement made with this Province by one Government, confirmed and legalised by the General Assembly, and carried into effect by a succeeding Government. On the other hand, if you consider the grant to be invalid (which I am advised is not the case) I venture to suggest that the proper course is an appeal not to a Ministerial majority in the General Assembly but to the Supreme Court of the Colony —the constitutional tribunal for the determination of such questions. I have, &c, The Hon. the Colonial Secretary, Eobeet Gkaham, Wellington. Superintendent. No. 17. The Hon. the Colonial Seceetaey to the Superintendent, Auckland. Sie, — Colonial Secretary's Office, Wellington, June sth, 1865. I have to acknowledge the receipt of your Honor's letter N"o. 372, of the 17th ultimo, in reply to mine of the 4th of the same month, on the subject of excepting the building of a Government House in the Domain at Auckland, out of the Commission issued by the Governor on the 29th of February last. I cannot admit the force or relevancy of the arguments advanced by your Honor in that letter but I do not think it advisable to prolong a controversy, which will no doubt be soon renewed in the approaching session of the General Assembly. I shall feel obliged by your Honor communicating to me, copies of any correspondence which you may have had with the Bank of New Zealand, on the subject of the arrangement made with a view to rendering the sum of £25,000 out of the Provincial Loan, available towards the erection of a Government House in the Domain at Auckland. I have, &c, His Honor the Superintendent, Auckland. F. A. Weld. No. 18. The Hon. the Colonial Secbetaet to the Commissioners foe Public Buildings, Auckland. Gentlemen, — Colonial Secretary's Office, Wellington, June sth, 1865. I have the honor, by the direction of Mr. Weld, to request you to be good enough to inform the Government of the exact particulars of the terms on which certain moneys may have been placed at your disposal for the erection, respectively, of a Supreme Court House, a Government House, a Custom House, and a Post Office at Auckland. I am also to remind you that the report of your proceedings, subsequent to the last reports approved and confirmed by the Governor, as required by the Commission under which you act, and as asked for in my letters of the 22nd of February, and of the 27th of April, has not yet been received by the Government. I have, &c, W. Gisboene, The Commissioners of Public Buildings, Auckland. - Under Secretary.

Printed in subsequent paper.

25

OE GOVERNMENT HOUSE AT AUCKLAND.