2711.
10)
No 555. I
(New Zealand.)
LAW OFFICERS to COLONIAL OFFICE.
:3
"
Temple, March 8, 1869. MY LORD,
We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 26th February ultimo, stating that he was directed by your Lord- ship to transmit to us the copy of a Memorandum of the 13th November 1888, by Mr. Stafford, which was enclosed in a Despatch of the Governor of New Zealand of the 2nd December last, and also copies of two reports of the late Law Officers, dated respectively the 4th and 20th May 1868;* and that
2. It would be seen from those reports, and from a Despatch of the 24th December 1867, from the Governor of New Zealand (a copy of which was sent therewith), that the legality of certain appointments of members to the Legislative Council of New Zealand was called in question, and that the Secretary of State was requested, should it be found necessary, to pass an Act to validate all passed Acts of the General Assembly of New Zealand, and to prescribe exactly the mode of summoning persons as members of the Legislative Council; and
That (3.) In accordance with that request, and upon receiving the reports of the late Law Officers, an Act, 31 & 32 Vict. c. 57., was passed last session to make provision for the appointment of members of the Legislative Council and to remove doubts in respect of past appointments, and the constitution of the Legislative Council was fixed by the second section of the Act; and that
(4.) The Legislative Council of New Zealand was originally constituted by the 33rd section of 15 & 16 Vict. c. 72., and by the 2nd section of an Act, 20 & 21 Vict. c. 53.,. the General Assembly of New Zealand was empowered by any Act or Acts, from time to time, to alter, suspend, or repeal certain sections of 15 & 16 Vict. c. 72., including the said 33rd section.
(5.) That by the 2nd section of an Act 28 & 29 Vict. o. 63., it is enacted that any Colonial law which is in any respect repugnant to the provisions of any Act of Parliament extending to the Colony to which such law may relate, shall be read subject to such Aot, and shall, to the extent of such repugnancy, be void. But by the 5th section of the same Act it is enacted that every representative Legislature shall, in respect to the Colony under its jurisdiction, have and be deemed at all times to have had full power to make laws respecting the constitution, powers, and procedure of such Legislature; and
Sir Frederic Rogers was pleased to say that he was desired to call our attention to the fact that no mention of this general Act is made in Mr. Stafford's Memorandum, and that under those circumstances he was directed by your Lordship to request that
we would favour your Lordship with our opinion
1. Whether irrespectively of the Act of 28 & 29 Vict. the power given by the Imperial Act, 20 & 21 Vict. c. 53., of amending the constitution of the Council would
be taken away by the Act of 31 & 32 Vict. c. 57.; and
2. Whether in any case, and notwithstanding the provisions of 31 & 32 Vict. c. 57.,
the Legislature of New Zealand do not retain the power of amending the constitution of the Legislature, and therein of the Legislative Council, by virtue of the 5th section of the Act of 28 & 29 Vict. c. 63.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that there is no ground for the apprehension entertained by Mr. Stafford. The Act of 31 & 32 Vict. c. 57. is an Act only explanatory of or amending 15 & 16 Vict. c. 33., and we are disposed to think might itself be amended by the present Assembly of New Zealand, in virtue of 20 & 21 Vict. c. 55, even if 28 & 29 Vict. c. 63. had never passed. But the 5th section of the last-mentioned Act appears to us to be clearly sufficient to secure to the present Assembly the power to alter the constitution of the Legislative Council.
This Act would certainly not be held to be repealed by a subsequent Act (such as the Act of last session) without being named in it or referred to in any way unless, indeed, the inference that it was intended to be repealed were clear and irresistible.
o 16979.-651. 95.--5/86.
• Nos. 507 and 509.
PUBLIC RECORD OFFICE
Reference :-
PEPEREC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
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