169.
!
MY LORD,
No. 681.
(NEW ZEALAND.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, January 2, 1871.
We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 22nd ultimo stating:
1st. That he was directed by your Lordship to transmit to us, for our consideration, an enclosed transcript of an Act passed by the Legislature of New Zealand, entitled "An Act for better securing the freedom and independence of Parliament."
2nd. That that Act attached certain disqualifications in respect of the Legislative Council, and so far confined the powers of selection bestowed upon the Governor by the Imperial Act 31 & 32 Vict. c. 57.
3rd. That by the Act 15 & 16 Vict. c. 72., granting a representative constitution to the Colony of New Zealand, the Queen was empowered to authorise the Governor to summon to the Legislative Council such person or persons as he should think fit, provided such person was of full age of 21 years, and a natural born or naturalized subject of Her Majesty, and that it subsequently appeared that the Governor had been accustomed to summon such persons as he thought fit, without a previous warrant from the Queen. That the recent Act, 31 & 32 Vict. c. 57., validated all past irregu- larities, and empowered the Governor "to summon to the Legislative Council such person or persons as he shall think fit," and enacted that " every person so sum- "moned should thereby become a member of the Council, provided that unless other- wise determined by the Legislature of New Zealand, no person should be summoned who is not 21 years of age, and a natural born or naturalized subject."
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That the Governor was thus invested with absolute power to appoint, subject to certain restrictions which the New Zealand Legislature might remove, but he was to state that neither is it now, nor when the Imperial Act was passed was it, the desire of the Home Government to prevent the Assembly from legislating in such a matter as it might deem best for the Colony, and he was desired to refer to the 5th section of the Act 28 & 29 Vict. c. 63., enacting that any representative legislature should have, and be deemed at all times to have had, power to alter the constitution, powers, and procedure of such legislature.
4th. That your Lordship desired Mr. Holland to request that we would take that Act of the New Zealand Legislature into consideration and inform your Lordship whether, in our opinion, there is any objection to its being left to its operation.
In obedience to your Lordship's commands we have the bonour to
Report
That we are of opinion that the Act 33 & 34 Vict., No. 17, may be properly left to its operation.
The Right Hon. the Earl of Kimberley,
We have, &c. (Signed)
R. P. COLLIER.
J. D. COLERIDGE.
&c.
&c.
o 16276.654.
95.-5/66.
&c.
PUBLIC
RECORD OFFICE
Reference :-
minamimC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO