CO885-(10-11) — Page 216

3429.

PUBLIC RECORD OFFICE

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C.O.

Reference :-

885

PUBLIC RECORD OFFICE, LONDON

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No. 172.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, April 9, 1863. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 31st ultimo, stating that he was directed by your Grace to request that we would favour your Grace with our early opinion on certain questions which have arisen respecting the present position of the Auckland Islands, and which are raised in a memorandum submitted to the Governor of New Zealand by his responsible advisers, and by him transmitted to your Grace,

Sir Frederic Rogers was also pleased to state that he enclosed a copy of this memorandum, and copies also of

(1.) The Letters Patent of 4th April 1842, defining the limits of the Colony of New Zealand.

(2.) The New Zealand Government Act (15 & 16 Vict. c. 72.).

(3.) The Commission of Sir George Grey.

(4 and 5.) Two Parliamentary Papers (No. 182 of 1853 and No. 369 of 1855) respecting the lease of the Auckland Islands to the Messrs. Enderby.

And that from these documents we should perceive that these Islands were leased to Messrs. Enderby in the year 1847, subject to an obligation of paying 1,000l. a year rent after the first two years, and to a right of re-entry in case of non-payment (P.P. 122 of 1853, pp. 22-23).

And that we should also see that the Islands were occupied and abandoned by Messrs. Enderby and a company to whom Messrs. Enderby were alleged to have assigned their interest, and that in 1853 this company were prepared to surrender their interest to the Crown, but conceived that they were not legally in a position to do so (P.P. 369 of 1853, pp. 30-31).

And that it need hardly be said that if any rent was ever paid to Her Majesty's Government it has long ceased to be paid.

And that we should also perceive that the Auckland Islands are within the limits of New Zealand as defined by the Letters Patent of 1842, but not within these limits as defined by the New Zealand Government Act "for the purposes of that Act," that the Com- mission of Sir George Grey constitutes him Governor of New Zealand without defining the limits of the Colony, and that the Government of New Zealand are desirous to ascertain whether these Islands are within the scope of Sir George Grey's Commission and their own authority, and what steps should be taken to secure the surrender of Messrs. Enderby's interest.

Sir Frederic Rogers was also pleased to state that your Grace is of opinion that the Auckland Islands should be incorporated into the Colony of New Zealand, and that your Grace would be prepared to propose to Parliament a Bill (of which a draft was annexed) repealing the statutory definition of New Zealand (14 & 15 Vict. c. 72. 8. 80), and substituting a new definition in accordance with the Letters Patent of 1842, and therefore embracing the Auckland Islands. And that your Grace would therefore be glad to learn whether this draft Bill would be proper and sufficient for its purpose, and what other steps, if any, would be necessary to place these Islands unequivocally under the authority of the Government and Legislature of New Zealand, and to extinguish the dormant interest of the Messrs. Enderby and their alleged assignees.

In obedience to your Grace's commands, we have taken these papers into considera- tion, and have the honour to

Report

1. That, in our opinion, the authority of the Colonial Government of New Zealand does not now extend to the Auckland Islands. Upon this point, we think there can be no room for doubt; having regard to the 80th section of the New Zealand Government Act.

2. That we also think the existing Commission to his Excellency Sir George Grey does not include the Auckland Islands. That Commission recites the Commission of

0 16278.-625. 25.--2/86.