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8601.

PUBLIC RECORD OFFICE

Reference :-

LTLLC.O. 885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

MY LORD DUKE,

No. 121.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, July 4, 1862.

We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 20th ultimo, stating that he was directed by your Grace to request that

we would take into consideration the accompanying Despatch from the Governor of No. 39,

New Zealand, in which he expresses his wish that certain doubts respecting the power 9 April 1862.

of the General Assembly to legislate respecting native lands may be set at rest by Act

of Parliament.

Sir Frederic Rogers was also pleased to state that we should see that it is proposed to pass a law which will enable the Governor in Council (in effect) to determine the proprietorship of native lands, and to settle these lands for the several or common benefit of their proprietors.

Sir Frederic Rogers was also pleased to state that your Grace approves of this Act, and that your Grace desires to see it passed. Moreover, as Her Majesty's Government have determined that the government of the natives shall be carried on by the Governor in conjunction with his responsible ministry, subject to the control and with the assistance of the General Assembly, it becomes desirable to invest that body with full power of legislation on native affairs as on other matters.

But Sir Frederic Rogers was pleased to state that doubts are entertained respecting the power of the General Assembly to pass the proposed Act consistently with the terms of the Constitutional Act 15 & 16 Vict. c. 72., the material provisions of which, for the present purpose, are contained in the 53rd, 72nd, and 73rd sections,

That the first question is whether the Assembly have the power of legislating respecting native lands as "waste lands of Crown" under the 72nd section of the Constitutional Act.

The second is, whether under the 53rd section they have in general the same power of legislating respecting lands, belonging to natives which they have of legislating respecting lands belonging to Europeans.

The third question is, whether even supposing one or both of the above questions to be answered in the affirmative, the provisions of the proposed Colonial Act are not repugnant to those of the 73rd section of the Constitutional Act, which disable natives from parting with any interest in their lands except to the Crown.

Sir Frederic Rogers was also pleased to state that your Grace thinks that the time is come for rendering the 73rd section repealable by the local Legislature, and that your Grace had directed him to submit, for our consideration, a Draft Bill, which (if we should approve of it) your Grace would be prepared to submit to Parliament.

Sir Frederic Rogers was further pleased to state that your Grace would desire to learn our opinion on the three questions above stated, and supposing the two last of them to be answered in the affirmative, your Grace would be glad to know whether the annexed Draft Bill would enable the New Zealand Legislature to pass the proposed law and generally to legislate in respect of native lands as fully as if those lands belonged to Europeans.

If this clause should not be sufficient for the purpose, then that your Grace would be glad to learn what further provision would be necessary.

Sir Frederic Rogers was also pleased to add that your Grace did not think it desirable that the Imperial Parliament should adopt the suggestion of the Governor that he should be invested with the provisional power of legislating with the advice of his Executive Council.

In obedience to your Grace's commands we have taken these papers into our con- sideration, and have the honour to

Report

That, in our opinion, the "Waste Lands" referred to in the 72nd section of the Constitutional Act comprise those only which are particularly described in the section, that is to say, such waste lands wherein the "title of natives shall be extinguished" as

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