1275.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
SIR,
No. 393.
(NEW ZEALAND.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, February 5, 1866.
We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 23rd January ultimo, stating that he was directed by you to bring under our consideration the following case:-
On the 3rd of December 1863 the Legislature of New Zealand passed an Act, H. of C. Paper p. 95, annexed 27 Vict. No. 8, "An Act to enable the Governor to establish Settlements for Colonisa- 896 of 1864., The duration of this Act was Ditto, pp. 47 tion in the Northern Island of New Zealand." unlimited, and that you objected to it on various grounds, and in particular on account et seq. of its duration.
On the 13th of December 1864 the Legislature of New Zealand passed an Act,
9 May 1865.
28 Vict., No. 4, amending the Act of 1863, and declaring that "the said Act and P.P., 9 May "this Act shall respectively continue in operation until the 3rd day of December 1865.” 1865.
Sir Frederic Rogers was also pleased to state that you pointed out that this second P.P., p. 14, Act did not explicitly declare that the first-mentioned Act should cease to be in operation on the 3rd day of December last, but only that it would remain in operation until that period; and that on this account it might be necessary that both Acts should be formally disallowed, and not merely allowed to expire. And that on the 14th of August 1865 Sir G. Grey transmitted a memorandum from his Ministers P.P., PP. 174-5 strongly deprecating the disallowance of the Act, and with it the draft of a Bill then before the Legislature, making the Act of 1863, with certain material modifications, perpetual. It is not at present known whether this last Act ever became law.
The Act of 1863 was received in this country in March 1864, and must be disallowed, if at all, within two years of that date.
Sir Frederic Rogers was also further pleased to state that, having reference to the circumstance that the Act will be practically construed by the Government of the Colony, who anticipate serious evils from its ceasing to be in operation, you were desirous of obtaining our opinion whether the 3rd clause of the Act of 1864 can safely be relied upon, as limiting the duration of the Act of 1863 to the 3rd of December 1865.
In obedience to your commands we have taken this matter into our consideration,
and have the honour to
Report
That, having regard to the object of the Act of 1864, as expressed in the preamble "to limit the duration" of the Act of 1863, we think that the 3rd clause may be safely relied upon as so limiting it to the 3rd of December 1865.
The Right Hon. Edward Cardwell, M.P.
&c.
&c.
&c.
We have, &c.
(Signed) ROUNDELL PALMER.
R. P. COLLIER.
C.O. Paper,
8 Nov. 1865.
0 16278.-689. 25.-5/86.
1.