CO885-(10-11) — Page 649

6268.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

No. 513.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, June 13, 1868. MY LORD DUKE,

We are honoured with your Grace's commands. signified in Sir Frederic Rogers' letter of the 18th ultimo, stating that he was directed by your Grace to transmit to us the copy of a Despatch from the Governor of New Zealand, dated the 5th March 1868, and of a case drawn up by the Attorney General of that Colony.

Sir Frederic Rogers was also pleased to state that he was desired, for the sake of reference, to transmit to us copies of the commissions and instructions to Sir G. Grey and Sir G. Bowen as Governors of New Zealand, and to inform us that the com- mission and instructions of Lord Belmore as Governor of New South Wales which are referred to in the Governor's Despatch, as also the commissions and instructions in the case of Victoria, Queensland, and other responsible governments are upon this point identical in terms with the New Zealand commissions and instructions.

Sir Frederic Rogers was desired further to call our attention to the 2nd section of the Colonial Letters Patent Act (26 & 27 Vict. c. 76) under which Act the Executive Council appointed by Sir G. Grey would continue in office until the publication in the Colony of Sir G. Bowen's commission, and to state that it is apprehended therefore that the instructions are strictly correct in directing the publication of the new commis- sion in the presence of the then existing Executive Council, whose tenure of office is not determined till that publication, and Sir Frederic Rogers was also desired to observe that the statement in the case as to Her Majesty directing the Governor to take the oaths after the publication of his commission in the presence of the Executive Council is not quite accurate, or in accordance with the terms of the instructions, as no mention is made of the Executive Council in that part of the sentence.

Sir Frederic Rogers was further pleased to add that it is stated in the case that it is believed that the practice in this matter in the Colonies is not uniform. That it is to be observed that the form of instructions is not always the same, especially'in the case of Crown Colonies, but Sir Frederic Rogers was desired to add that the course which Lord Belmore took in New South Wales and Sir G. Bowen in New Zealand was the course contemplated by the commission and instructions.

Grace

That as, however, the question has been raised and a case submitted, your requested that we would take that case into our consideration, and favour you with our opinion upon the question submitted by the Attorney General of New Zealand.

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

Report

That we are of opinion that the safe and proper course has, having regard to the statutes and the commission and instructions, been adopted.

+

We have not been able to obtain a copy of the appointment of a member of the Executive Council, the form of which would be important to enable us to determine what is the duration of the office of a councillor, and whether it is or is not determined upon or immediately after the oath of office has been taken by the new Governor. There is no statute by which the Executive Council is continued until after the oath of office is taken by the new Governor, though the instructions assume that that body will continue at least until after the reading and publication of the commission. We think that the instructions do contemplate that the oath of office shall be taken before the members of the Executive Council, and, as pointed out by the Colonial Attorney General, this course is prescribed by section 62 of the Regulations for Her Majesty's Colonial Service.

Without saying, therefore, that the members of the Executive Council appointed by Sir G. Grey would not have continued in office until they resigned or were removed, we

0 16278.-647. 25,--5/86.