CO885-(16-18) — Page 25

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GENTLEMEN,

!

No. 201.

NEW ZEALAND.

[Alteration of Title of Governor.]

COLONIAL OFFICE to LAW OFFICERS.

Downing Street,

13th February, 1917.

I am directed by Mr. Secretary Long to state that a recommendation has been made to him by the New Zealand Government that the title of the Officer Administer- ing the Government of New Zealand should be altered from Governor to Governor- General.

Commonwealth Act, 1900. South Africa Act, 1909. New Zealand Letters Patent.

2. In this connection the question has arisen whether any legislation is necessary in order to give effect to the proposal, and, if so, what form it should take. In the case of the Commonwealth of Australia and the Union of South Africa the office and title of Governor-General were created by Imperial Act of Parliament. In the case of Canada the same title, if not created by the British North America Act, 1867, was adopted by that Act, and is, therefore, also a statutory title. In the New Zealand Constitution Act of 1852 (15 and 16 Vict. Cap. 72), certain provisions of which still remain in force (cf. The Statistics Revised, Volume VIII., pp. 1070 sqq.), the title of His Majesty's Representative is "the Governor," and that is the only title at present known to the law of New Zealand. It appears, therefore, that if the title is to be changed to Governor-General and if Letters Patent are to be issued constituting the office of Governor-General, as in the case of the Common- wealth of Australia and the Union of South Africa, legislation will be necessary.

3. In New Zealand this might take the form of amending the New Zealand Interpretation Act by enacting that the term Governor-General' shall be deemed to be substituted for the term "Governor" wherever the latter term occurs in New Zealand Statutes, &c.

4. As regards Imperial legislation little of the Act of 1852 remains unrepealed, but some of the provisions still existing affect the Governor, notably Section 32 under which the "Governor" forms a constituent part of the General Assembly, and the provision (Section 65) that any Bill altering the sum appropriated for the Governor's salary shall be reserved for the signification of His Majesty's pleasure. Such an alteration is, in fact, now contemplated, and the existence of the various provisions affecting the Governor seems to make amendment of that Act necessary in connexion with the proposed change of title. It is presumed, therefore, that legislation would have to be passed on the lines of the relevant provisions of the Commonwealth of Australia Constitution Act, 1900, or of the South Africa Act, 1909, and that then Letters Patent would be issued supplementary thereto in place of the existing Letters Patent. For convenience of reference copies are enclosed of these two Acts and of the existing Letters Patent.

5. In view of the importance of ensuring that the change contemplated is effected with due regard to the legal and constitutional questions involved, Mr. Long would be obliged if you would take into your consideration the facts set out in this letter and advise whether in your opinion the procedure suggested in the preceding paragraph adequately meets the requirements of the case, and, if not, what procedure additional to, or in substitution for, that suggested should in your opinion be adopted.

I am, Gentlemen,

Your most obedient servant,

The Law Officers of the Crown.

HENRY LAMBERT.

(11290-2.) Wt. 7- 1108. 25, 5/17. D & S. G. 1.

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