CO885-(10-11) — Page 303

4605.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

10

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

PUBLIC RECORD OFFICE, LONDON

SIB,

No. 249.

(New Zealand.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, May 14, 1864. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 5th of May inst., stating that he was directed by you to submit to us, for our consideration, the accompanying Acts passed by the Legislature of New Zealand, entitled No. 7 of 27th Victoria, "The suppression of Rebellion Act, 1863," and No. 8, "The New Zealand Settlements Act, 1863."

Sir Frederic Rogers was also pleased to enclose a memorandum by the Colonial Attorney General explaining the objects with which these Acts were framed, and to state that doubts were entertained whether these enactments are not beyond the com- petence of the General Assembly. That with reference to which he was to call our particular attention to the 53rd, 71st, and following sections of the New Zealand Constitution Act 15 & 16 Vict. c. 72., and to the 3rd section of the New Zealand Loan Act 20 & 21 Vict. c. 51.; and he was further to point out that the Colonial Attorney General raises the question whether the Act No. 8 does not interfere with the security for the loan contracted under the Act of 20 & 21 Vict.

Sir Frederic Rogers was further pleased to state that you requested that we would favour you with our opinion whether the provisions of these Acts are in all respects within the competency of the Colonial Legislature, and that you would be glad to receive our opinion in time to communicate your decision on these Acts to Governor Grey by the mail of the 26th.

In obedience to your commands we have taken this matter into consideration, and have the honour to

Report

That we are of opinion that neither of the Acts in question is void under section 53 of the New Zealand Constitution Act, on the ground of its being repugnant to the law of England, for the laws of England have repeatedly recognised the necessity for exceptional legislation to suppress a rebellion threatening the existence of the State. We, of course, assume the Colonial Acts to be considered by the Legislature which passed them necessary and proper for this purpose.

We think, however, that the Act No. 8 is open to the other objection suggested, viz., that it contravenes the provisions of 20 & 21 Vict. c. 51. s. 3. The " security therein mentioned means, in our opinion, the hypothecation of the revenue arising from (among other things) the disposal of the waste lands of the Crown, and the operation of Act No. 8 does not appear to us to be confined to those lands to which the title of the natives may be recognised by the law of the Colony, but it seems also to include all lands which according to the law of the Colony are to be deemed waste lands of the Crown, if any such lands are situate within any district which may brought under the provisions of the Act. All such lands would, however, constitute part of the security of the New Zealand Loan; and we therefore think that Imperia legislation is necessary

in order to obviate this objection.

We have, &c.

The Right Hon. Edward Cardwell, M.P.,

(Signed) ROUNDELL PALMER,

R. P. COLLIER.

be

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&c.

&c.

0 16278,-639.

25.-2/86.

&c.