8637.
No. 84.
(New Zealand.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, May 18, 1895. WE were honoured with your Lordship's commands signified in Mr. Bramston's letter of the 11th instant, stating that, with reference to the Reports of the Law Officers of the 25th August 1894 and 27th February 1895,* on the subject of annexa- tions by Letters Patent, he was directed by your Lordship to transmit the draft of a despatch which, if we concurred in its terms, it was proposed to address to the Governor of New Zealand on the subject; and that Mr. Bramston was to ask us to inform your Lordship whether a Despatch in the terms of the draft might properly be
In obedience to your Lordship's commands, we have the honour to
sent.
Report-
That in our opinion a Despatch in the terms of the draft initialled by us may properly be sent to the Governor of New Zealand.
The Most Honourable
The Marquess of Ripon, K.G.,
&o.
&c.
&c.
We have, &c.
R. T. REID. FRANK LOCKWOOD.
Draft.
PUBLIC RECORD
OFFICE
C.O.
Reference :-
885
14 PUBLIC RECORD OFFICE, LONDON
Downing Street, May
1895.
MY LORD,
Ir I have not replied sooner to your Despatch No. I of the 15th of January 1894, relating to the Kermadec Islands, your Lordship will, I feel sure, not attribute the delay to any intention on my part to disregard the important constitutional ques- tion which your Ministers have very properly brought to your notice.
The Kermadec Islands are in themselves an unimportant portion of Her Majesty's dominions, but the question whether the measures which had been taken with the object of annexing that group to the Colony of New Zealand were sufficient, involves a principle of serious and wide-reaching import; and one which has required and received very full consideration by the Law Officers of the Crown, not only in regard to the particular group of islands which form the subject of this Despatch, but as affecting other portions of the British Empire.
The Law Officers have advised me that the annexation to New Zealand of the Kermadec Islands has not to all intents and purposes been legally effected. For they are of opinion that where an Act of the Imperial Parliament has bestowed a legislaturo upon a colony with fixed limits, or has merely fixed the limits of a colony, a constitu- tional organization has been established by that Act, and that Her Majesty cannot by Her Royal Prerogative, nor can the Colonial Legislature, nor can both combined, enlarge or diminish that organization or alter its quality in so far as either have been deter- mined by the Imperial Parliament. For that would be to overrule an Act of the Imperial Parliament. But they consider that, unless restrained by an Act of Parlia- ment of the United Kingdom, Her Majesty may lawfully commit the administration and government of any Crown Colony to any person she thinks fit, with or without a scheme of self-government, and she may commit that duty among others, to the Governor or Government of an adjacent self-governing Colony; and that Government may accept the duty so conferred, by Colonial Statute or otherwise. In such a case there is not, in their opinion, a complete fusion or incorporation, but there is an administration of both territories by one Government. And such an arrangement may
be altered by Her Majesty with the assent, at all events, of the Colony to whom the duty of Government was assigned.
It appears, therefore, that an Act of Parliament is necessary in order to effect the complete incorporation of the Kermadec Islands in the Colony of New Zealand, and I have taken steps to have a Bill prepared for carrying this purpose into effect, and I trust that it may be possible to obtain the sanction of Parliament to the measure during the current Session.
I have, &c.
R. T. R. F. L.
0
85965.-10.
25.-5/93.
• Nos. 76 and 79.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO