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1252.

PUBLIC

RECORD OFFICE

Reference :-

6

EPC.O. 885

لتلسا

11 PUBLIC RECORD OFFICE, LONDON

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No. 492.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, February 3, 1868. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 25th January ultimo, in which he stated that he was directed by your Grace to transmit to us copies of an Act passed by the General Assembly of New Zealand, entitled "An Act to establish the county of Westland, and to make tem- "porary provision for the Government thereof," of a synopsis thereof, and of Memorandum relating to it presented to the Governor of that Colony by his Ministers.

A

Sir Frederic Rogers also stated,-

That, as bearing upon the question whether it was competent for the Colonial Legis- lature to pass auch an Act, he was directed to request our attention to the following Imperial Acts relating to New Zealand, namely, 15 & 16 Vict. c. 72, 20 & 21 Vict. c. 53, 24 & 25 Vict. c. 80, and 25 & 26 Vict, o. 48, and to say that by a Colonial Act, No. 70 of 1858, a copy of which was transmitted to us, the General Assembly passed a law enabling the Governor upon petition to establish new provinces, and that new provinces were established under that law.

Sir Frederic Rogers also stated that he was desired to transmit to us copy of another Colonial Act, No. 37 of 1858, which enables the Governor to divide the Colony into counties, parishes, or such other divisions as he may think fit, and to name them and to fix the limits; though it was apprehended that the Governor could not under the powers given by that last mentioned Act sever part of a province from the rest and erect such part into a county with a separate Government. That the question appears to be whether the Legislature can do so under the general power of making laws for the peace, order, and good government of the provinces which is conferred by the Imperial Act 25 & 26 Vict. c. 48; that-

Under these circumstances Sir Frederic Rogers added he was directed to request that we would favour your Grace with our opinion,-

1. Whether the General Assembly of New Zealand have power to separate one part

of a province from the rest and to make such part into a county under a separate and different form of Government, and further to vest in the Governor the powers which are vested in him by the Act under consideration.

2. Whether this Act is one which Her Majesty can be advised to leave in operation.

In obedience to your Grace's commands, we have the honour to

Report

That we are of opinion that the General Assembly of New Zealand has not power to separate one part of a province from the rest, and to make such part into a county under a separate and different form of government, or to vest in the Governor the powers which are vested in him by the Act under consideration.

We think that this Act is not one which Her Majesty can be advised to leave in operation.

Probably your Grace would not think it right to bring in a Bill simply for the pur- pose of validating this Act. If, as represented, the present provincial system of New Zealand be defective, and an alteration be urgently needed, it will be thought right to introduce some measure into Parliament for giving further powers to the General Assembly of the Colony to enable it to meet by legislation the requirements now existing and which may be expected to arise, and it will be better perhaps not to validate the Westland Act, (but ?) simply to give it operation pending the determination of Parliament whether fresh powers shall be conferred on the Assembly.

We have, &c.

C. J. SELWYN.

(Signed) JOHN B. KARSLAKE. His Grace the Duke of Buckingham and Chandos,

&c.

&c.

&c.

16978-643, 25.--5/06,

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