€155.
PUBLIC
RECORD OFFICE
Reference :-
TLC.O. 885
וווווווווווד
10 PUBLIC RECORD OFFICE, LONDON
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD DUKE,
No. 71.
(NEW ZEALAND.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, June 25, 1861. We were honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 7th May last, stating that as it might prove desirable to invest the Governor of New Zealand with all the authority which Her Majesty could confer upon him under the present law, in order to the effectual government of the natives of New Zealand, he was directed by your Grace to request that we would consider what powers could legally be so conferred.
That the answer to this question appeared to depend upon the effect of the following clauses in the New Zealand Constitutional Act, 15 & 16 Vict. o. 72: Clause 53, Power of General Assembly to make Laws; Clause 66, Appropriation of Waste Lands Re- venue; Clause 71, Preservation of Aboriginal Laws; Clause 72, Power of Assembly to make Laws respecting Waste Lands; Definition of Waste Lands; Clause 73, Disa- bility of Natives to surrender Lands except to Her Majesty; Power of Her Majesty to prescribe Conditions of Surrender; Clause 79, Power of Her Majesty to delegate Powers to GovernorH.
That the latter part of the 62nd clause (which enables the Governor to deal for certain purposes with the land revenue) would also be material if it had not, with other sections of the Act, been repealed by 20 & 21 Vict. c. 52. s. 1.
Sir Frederic Rogers stated that we would observe that Her Majesty is empowered to make provisions by Letters Patent for maintaining native laws and usages, as between the natives in certain districts to be set apart for that purpose (s. 71), that this power might be delegated to the Governor (s. 79), and that, subject to those provisions, the General Assembly had the power of making laws for the peace, order, and good government of the Colony (88. 53, 72).
That we would also perceive that the native title could only be extinguished by surrender to Her Majesty or to the Governor by delegation from Her (s. 73). That Her Majesty alone (without any express power of delegation) might prescribe the terms on which such surrender might be accepted (s. 73), and that the moment such surrender was effected the surrendered land becomes "waste land" of the Crown (s. 72), and so at the complete disposal of the General Assemby (88. 66, 72).
That it was desirable to ascertain whether it would be competent to Her Majesty and consistent with the spirit of the Constitutional Act :
lat. To appoint a Council by Letters Patent or other sufficient instrument for the purpose of advising the Governor in the conduct of native affairs.
2nd. To empower the Governor with or without the advice of that Council:
O
1st. To set apart districts within which native law and usage should prevail as
between natives (ss. 71, 79).
2nd. To declare and amend the native law in those districts, or at any rate to procure that declaration or amendment by the natives themselves, and to prescribe the mode in which that declaration or amendment should be made and recorded. 3rd. To embrace in such declaration and amendment subjects of the following classes: the administration of justice and the punishment of offences, the ascertainment and recording of tribal and individual rights in land, the occupation and devolution of land, the alienation of land inte se and the settlement of disputes relating to land.
4th. To prescribe the rules under which land should be alienated to Europeans (8.73) in respect of which no express power of delegation was given to
the Crown.
5th. To require (if they should think fit) that a certain proportion of the land so alienated should be reserved for the benefit of the native owners, and
to prescribe the mode of apportioning or managing such reserves.
6th. To require that part of the purchase money of such lands should be paid in the shape of an annual charge on the lands sold, or on other sufficient security.
16278.-614, 95.-9/66.