14816.
No. 72.
(NEW ZEALAND.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Bramston's
Royal Courts of Justice, August 22, 1894. letter of the 14th ultimo, stating that, with reference to our report of June 23,* upon the subject of the powers of a deputy of the Governor of New Zealand, he was directed by your Lordship to draw our attention to the provisions of Clause XIII. of the Letters Patent of the 21st of February 1879, which empowered the Governor to appoint a deputy when he was absent from the seat of Government though not absent from the Colony, and provided that the Governor's power and authority should not be abridged by such appointment. That in such an event there would be two persons administering the Government at the same time in the Colony, and Mr. Bramston was to inquire whether your Lordship rightly assumed that, in our opinion, the deputy would, within any part of the Colony to which his Commission extended, and while acting within the limits of the powers conferred upon him, be the person administering the Government within the meaning of the Colonial Interpretation Act.
That Mr. Bramston was also to inquire whether, in our opinion, it would be sufficient, in the Commission of a deputy Governor, to give him, in general terms, all the Statutory powers of the Governor with specific exceptions as appeared to have been done in 1888, according to the statement in the Memorandum of the Chief Justice which was enclosed in the Governor's Despatch, or whether it was necessary to specify all the Acts giving powers to the Governor which it was intended that the deputy should have.
We have considered the matter, and in obedience to your Lordship's commands have the honour to
Report-
That, in our opinion, during the absence of the Governor from the seat of Govern- ment the deputy would, within any part of the Colony to which his Commission extends, and while acting within the limits of the powers conferred upon him, be the person administering the Government within the meaning of the Colonial Interpretation Act
That, in our opinion, since the Statutory powers of the Governor are in themselves specific, in the sense of being able to be exactly enumerated, it would be sufficient in the Commission of a Deputy Governor to give in general terms all the Statutory powers of the Governor with specific exceptions, though, to avoid any possible question, it would be better to specify all the Acts giving powers to the Governor which it is intended that the deputy should exercise.
We think it right to add that, wherever the Governor is actually present, and administering the Government, the power of the deputy is suspended, and if it should happen that the Governor and the deputy give inconsistent directions those of the Governor would prevail,
The Most Hon. the Marquess of Ripon, K.G.,
&c.
&c.
&c.
• No. 65.
We have &c. (Signed)
JOHN RIGBY. R. T. REID.
⚫ 79871-97.
25,-9/94.
PUBLIC RECORD
OFFICE
Reference:
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
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