1373.
MY LORD,
No. 48.
(NEW ZEALAND.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 5th February 1875. We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 21st January ultimo, stating that he was directed by your Lordship to request our opinion on the following points, viz. :-
That in the last session of the New Zealand Legislature a resolution was passed by the House of Representatives to the effect that that House was of opinion that, taking the circumstances of the Colony into consideration, the provincial form of Government in the North Island should be abolished, and that during the recess the Government should consider how best to give effect to the resolution. That the effect of any measure prepared in accordance with that resolution would be to entirely abolish four out of the eight provinces established in New Zealand.
That he, Mr. Malcolm, was to call our attention to sections 2, 3, and 53 of the New Zealand Constitution Act, 15 & 16 Vict. cap. 72.; to section 2 of the Act 20 and 21 Vict. cap. 53.; and to the provisions of the Acts 25 & 26 Vict. cap. 48. and 31 & 32 Vict.
cap.
92., and to inquire whether, in our opinion, power was given to the General Assembly of New Zealand, under the provisions of the above-quoted Acts to pass an Act abolishing the provincial system of Government throughout a great portion of the Colony, or whether further legislation would be required on the part of the Imperial Parliament in order to effect that object.
In obedience to your Lordship's commands we have the honour to
Report
That we have considered the several enactments to which our attention has been called by your Lordship, and we are of opinion that the General Assembly of New Zealand has power under 25 & 26 Vict. c. 48. s. 3, and 31 & 32 Viet. c. 92. 8. 1, to abolish any province at present established in New Zealand, and to pass laws for the government of the territory comprised in any province so abolished; and that no further legislation is required on the part of the Imperial Parliament in order to effect the object which the New Zealand Legislature appears to have in view.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
We have, &c.,
(Signed) RICHARD BAGGALLAY.
JOHN HOLKER.
▲ 199147. 25.-19/84.
PUBLIC RECORD
OFFICE
CO. 885
Reference :-
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
1535.