PAPERS RELATIVE TO DISALLOWANCE OF PROVINCIAL BILLS; (IN CONTINUATION OF PAPERS PRESENTED ON THE 13th MAY, 1858.)

Appendix to the Journals of the House of Representatives, 1860 Session I, A-05

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PAPERS RELATIVE TO DISALLOWANCE OF PROVINCIAL BILLS; (IN CONTINUATION OF PAPERS PRESENTED ON THE 13th MAY, 1858.)

Presented to both Houses of the General Assembly by command of His Excellency.

DISALLOWANCE OF PROVINCIAL BILLS.

(237.) MR. STAFFORD TO SUPERINTENDENT, NELSON. Colonial Secretary's Office, Auckland, 28th June, 1858. Sir,— I have to acknowledge the receipt of your letter No. 23, of the 2nd instant, transmitting the two Bills named in the margin, passed by the Provincial Council of Nelson, and reserved by your Honor for the Governor's Assent. In reply, I have to inform you that in consequence of the disallowance by Her Majesty of the " Waste Lands Act, 1856," His Excellency has no power to give his assent to either of these Bills. The quantity of Crown Land affected by the Dun Mountain Railway Act being small, does not place that Bill on a different tooting as regards the power of Provincial Councils, from the other Bill (the Waste Lands Bill.) It is the intention of the Government to propose a Bill on the subject of the Waste Lands, to the General Assembly in the present Session. I have, &c, (Signed) E. W. Stafford. His Honor the Superintendent, Nelson. (365.) MR. STAFFORD TO SUPERINTENDENT, WELLINGTON. Colonial Secretary's Office, Auckland, 20th Septenber, 1858. Sir, I have the honor to acknowledge the receipt of your letter of the 16th ultimo, transmitting to the Governor the Acts noted in the margin, passed by the Provincial Council of Wellington, and assented to by your Honor on His Excellency's behalf. The Act No. 4 appears to have been framed upon the model of the " Hutt Race Course Act." As, however, it affects Crown Lands, the Disallowance by Her Majesty of the Waste Lands Act, 1856, has deprived the Provincial Council of the power of passing such an Act; His Excellency's Advisers had therefore no option but to advise that this Act be disallowed, and the Governor has been pleased to disallow the same accordingly. The object sought by this Act, might, however, be attained by your Honor setting apart the proposed Itace Course as a Public Reserve for that purpose, and then obtaining a Crown Grant under the Public Reserves Act, 1854, when it would be competent for the Provincial Legislature to deal with it as they may think fit. The Act No. 5 is in contravention of the 2nd sub-section of the 19th Section of the Constitution Act, and of the Supreme Court Procedure Act, 1856; and it was thus necessary to advise it to be disallowed. The Act No. 3 has been left to its operation. The Government has adverted to the circumstance that both this and the other Acts just mentioned, were passed by the Provincial Council at a time when there was no Superintendent. Though the legality of Acts so passed may not be absolutely free from doubt, the Government has not considered that such doubt is sufficiently well founded to require or justify the disallowance of the Act in question. I have, &c, (igned) E. W. Stafford. His Honor the Superintendent, Wellington. (10.) MR. STAFFORD TO SUPERINTENDENT, OTAGO. Colonial Secretary's Office, Auckland, 10th January, 1859. Sir,— I have the honor to acknowledge the receipt of your letter No. 23, of the 18th November last, forwarding copies of the Ordinances cited in the margin, passed by the Provincial Council of th Province of Otago. " The Cattle Trespass Ordinance," " The Appropriation Ordinance," Nos. 1 and 2, •« The Immigration Fund Ordinance," " The Leasses of Jetty Reserves Ordinance," and " The Jetties and Wharves Ordinance," have been laid before the Governor, who has been advised to leave them to their operation.

Dun Mountain Railway Bill.

Nelson Waste Lands Bill.

No. 3. An Act to repeal the Streets Sewerage and Drainage Act* Sess, 2, No. 17, as to part of the town of Wellington.

No. 4. An Act to vest in Trustees certain Lands in the Wairarapa District for the purpose of a Public Race Course.

No. 6. An Act to incorporate the Wellington Steam Navigation Company, and for other purposes therein named.

No. 27. Cattle Trespass Ordinance, 1858.

No. 28. Appropriation Ordinance, 1858, No, 1.

No. 29. Immigration Fund Ordinance, 1858,

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DISALLOWANCE OF PROVINCIAL BILLS.

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The provisions of the 15th section of the " Pastoral Districts Ordinance" being in contravention «f sub-section 10 of section 19 of the Constitution Act (as affecting Waste Lands of the Crown) His Excellency's Ministers were with regret compelled to advise His Excellency to disallow that Ordinance, which, in other *espects, appeared calculated to work beneficially, and the Governor has been pleased to disallow it accordingly. I have, &c, His Honor the Superintendent, (Signed) E. W. Stafford. Otago. (11.) MR. STAFFORD TO SUPERINTENDENT, AUCKLAND. Colonial Secretary's Office, Auckland, 12th January, 1859. Sir,— I have the honor to inform you that the Bill (forwarded in your Honor's letter of the 29th ultimo, No. 179) passed by the Provincial Council of Auckland, intituled " An Act to amend the City and Harbour Endowments Act, 1858," and reserved by you tor the signification of the Governor's pleasure thereon, has been laid before His Excellency, who has been pleased to assent to the same. Your Honor's attention is directed to the 2nd section of the Provincial Reserved Bills Act, which provides that no Bill reserved for the signification of the Governor's pleasure shall have any force within the Province, until the Superintendent shall signify, as therein specified, that it has been laid before the Governor and that His Excellency has assented to the same. I herewith return to your Honor one copy of the Act in question. With reference to the Bills intituled "The City Debenture Act, 1858," and "The Harbour Debenture Act, 1858," I have to inform you that in consequence of the intimation received from the Secretary of State for the Colonies, in his Despatch of the 15th September, 1857, requiring that notice should be given of the intention of a Provincial Council to pass Bills for the purpose of raising money by Loan, which notice has not been given with respect to the Bills in question, His Excellency could not be advised to assent to these Bills, and his assent has been withheld accordingly. I havf, &c, His Honor the Superintendent, (Signed) E. W. Stafford. Auckland. (24.) MR. STAFFORD TO SUPERINTENDENT, OTAGO. Colonial Secretary's Office, Auckland, January 14th, 1859. Sir — I have to acknowledge the receipt of your letter, No. 24, of the 22nd November hist, transmitting the " Loan Ordinance, 1858," passed by the Provincial Council of the Province of Otago, and reserved for the Governor's pleasure thereon, authorising the Superintendent to raise an additional Loan of Twenty-five Thousand Pounds. In reply, I have to inform you that in consequence of the intimation received from the Secretary of State for the Colonies, in his Despatch of the 15th September, 1857, that in case of Loans to any serious amount being required, the Provincial Legislature should present Resolutions to that effect previously to the introduction of a Bill, not having been complied with, the Governor could not be advised to assent to that Bill, and His Excellency has withheld his assent accordingly. The Minittry regret that the strict letter of the instructions contained in that Despatch, should have had this effect in the case of the Province of Otago, as they consider the security of its Provincial Revenue quite sufficient, and will be willing accordingly to give every facility to the raising of the proposed Loan, by transmitting the Bill and letter accompanying it from the Provincial Government of Otago, to the Secretary of State, with a recommendation that the proposed Loan should be approved by the Imperial Government. I have, &c, His Honor the Superintendent, (Signed) E. W. Stafford. Olago. (51.) MR. STAFFORD TO SUPERINTENDENT, CANTERBURY. Colonial Secretary's Office, Auckland, 26th January, 1859. Sir,With reference to your Honor's letter No. 49, of the 29th ultimo, forwarding among other Ordinances passed by the Provincial Council and assented to by your Honor, two Ordinances intituled ' The Immigrant Barracks Ordinance," Session 10, No. 2, and " The Public Hospital Ordinance,"

No. 30. Pastoral Districts Ordinance, 1858.

No. 31. Leases of Jetty Reserves Ordinance, 1858. No. 32. Jetties and Wharves Ordinance. 1858. No. 33. Appropriation Ordinance, 1858, No. 2.

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DISALLOWANCE OF PROVINCIAL BILLS.

Session 10, No. 6, I have to observe that the former Ordinance is beyond the power of the Provincial Council to enact, inasmuch as the 4th Section attempts to create a misdemeanor, punishable by fine and imprisonment, at the discretion of the Court without any limit, in direct contravention of the 2nd Section of the " Provincial Council Powers Act, 1856," which provides that Provincial Councils may pass certain laws: " Provided always that no felony be thereby created nor any punishment or penary attached, which shall exceed six months imprisonment with hard labour, or £100 sterling in amount for any one offence." " The Public Hospital Ordinance" purports to empower the Superintendent to alienate certain lands. These lands it appears were reserved by the Superintendent under the 19th (not 23rd as stated in the Act) Section of the Canterbury Land Regulations of February, 1856, but have never been granted under " The Public Reserves Act, 1854," and therefore the legal estate of these lands being in the Crotvn, it was not competent to the Provincial Council to pass an Act affecting them, should however, your Honor desire it, there is no objection on the part of the Government, to recommend the grant of these Reserves under the " Public Reserves Act, 1854," and then the lands may be disposed of in such manner as the Superintendent and Provincial Council may desire. His Excellency has therefore been advised to disallow these two Ordinances, and they have been disallowed accordingly. I have, &c, His Honor the Superintendent, (Signed) E. W. Stafford. Canterbury. (444.) MR. TANCRED TO SUPERINTENDENT, NELSON. Colonial Secretary's Office, Auckland, 27th Sept., 1859. Sir,— I have the honor to acknowledge the receipt of your Honor's letters, noted in the margin, transmitting the following Bills, which you have reserved for the signification of the Governor's pleasure thereon:— " Land for Compensation Act, 1859." " Naval and Military Settlers Act, 1859," " Compensation for Roads Act, 1859." In reply, I regret to say that the principle upon which these Bills are based is open to a fatal objection; if it were permitted to be acted on, it would be an invasion of the law, and might be made use of to convert all the Crown Lands into land at the disposal of the Provincial Government, to the entire exclusion of the Land Laws of the Colony. I have, accordingly, been unable to advise His Excellency to assent to the Bills in question. I have, &c, His Honor the Superintendent, (Signed) Henry John Tancred, Nelson In the absence of the Colonial Secretary. (60.) MR. STAFFORD TO SUPERINTENDENT, CANTERBURY. Colonial Secretary's Office, Auckland, January 26th, 1860. Sin — With reference to your Honor's letter of the 12th instant, transmitting copies of the two Bills quoted in the margin, passed by the Provincial Council of Canterbury and reserved by you for the signification of the Governor's p.easure thereon, I have the honor to inform you that these Bills have been laid before the Governor. As regards the Lyttelton and Christchurch Railway Ordinance, the Attorney-General has reported that it contravenes the 19th Section (as affecting Waste Lands of the Crown,) and also the 2nd sub-Section of the 19th Section of the Constitution Act; in accordance with which opinion, the Governor has been pleased to withhold his Assent to that Bill. His Excellency has also withheld his Assent to the Loan Ordinance. I have, &c, His Honor the Superintendent, (Signed) E. W. Stafford. Canterbury. MR. STAFFORD, TO SUPERINTENDENT, OTAGO. (87.) Colonial Secretary's Office, Auckland, 6th February, 1860. Sir,— The Government have had under their consideration the Bill passed by the Provincial Council of Otago, entitled the " Maori Lodging Ordinance," which was leserved by your Honor's Predecessor, for the signification of the Governor's pleasure.

August. iaw.

The Lvtteiion k Christ church Railway ordi. nance, sets, xi,. No. 13. she L xi" ■"..' "• "' —

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DISALLOWANCE OF PROVINCIAL BILLS.

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It is with regret that the Government observes that this Bill fails to fulfil the promise made by the Provincial Government of Otago, in November, 1858, to the effect, that the arrangement then entered into with the General Government, with respect to the erection of a Native Hosterly at Dunedin, should be effectuated by law. On the faith of this arrangement, funds have been provided for the erection of an Hostelry on the land agreed upon, being a portion of a Reserve for public purposes, recently handed over by the Crown to the Superintendent, and it cannot now be but a matter of surprise and disappointment to the Government, to find that the Bill under consideration, would substitute entirely different conditions as regards this building, to those originally agreed upon. Independently, however, of this considertion, the Bill is in itself objectionable on other grounds ; inasmuch as the Governor not being a Corporate Officer, no lease could be made to hira of the nature proposed in the first clause. The third clause, also would exonerate the Province of Otago from any share of the cost of erecting and maintaining the Building in question. It is presumed that the Council did not however mean to do this, but merely to assert that the charges of the Building should be General or Colonial, and not Provincial or Local. For the above reasons the Governor has been advised not to assent to this Bill, and his Excellency's Assent has consequently been withheld. I have, &c, (Signed) E. W. Stafford. His Honor the Superintendent, Otago. MR. STAFFORD, TO SUPERINTENDENT, OTAGO. (89.) Colonial Secretary's Office, Auckland, 6th February, 1860. Sir, — I have under my consideration the Bill passed by the Provincial Council of Otago, entitled the " Provincial Council Enlargement Ordinance, 1859," and reserved by you for the Governor's Assent. If this Bill were assented to now, no practical object would he gained, as its 2nd and 4th sections, which comprise the main provisions of the Bill are inoperative, until after the next dissolution of the Provincial Council—an event not likely to take place before the Council now in process of election, would have an opportunity of further considering tlie question. It was also not apparent whether the words "After the next dissolution" would effect what was desired, inasmuch as they would preclude any action under the Bill, if the present, like the late Council, had expired from a flux of time. As for these reasons it was likely that the Council would wish to reconsider the question, I have advised the Governor to withhold his Assent to this Bill, and His Exllen cy has been pleased to act accordingly. I have, &c, (Signed) E. W. Stafford. His Honor the Superintendent, Otago. MR. STAFFORD, TO SUPERINTENDENT, CANTERBURY. (163.) Colonial Secretary's Office, Auckland, 24th March, 1860. Sir,— I have the honor to acknowledge the receipt of your Despatch of the 10th ultimo, forwarding copies of eleven Ordinances passed by the Provincial Council of Canterbury during its last Session, to which you had assented on behalf of the Governor, as also the Peacock Wharf Extension Oidinance, reserved by you for the signification of His Excellency's pleasure. Ihave to inform you that His Excellency will be advised to leave to their operation the following Ordinances, —" The Loan Ordinance Amendment Ordinance, Sess. XI, No. 1." " The Diversion of Roads Ordinance, Sess XI, No. 3." "The Cathedral Square Ordinance Amendment Ordinance, Sess. XI, No. 4." " Public Hospital Ordinance, Sess. XI, No. 5." " Church Property Trust Amendment Ordinance, Sess. XI, No. 6." " The Race Course Reserve Ordinance, Sess. XI, No, 7." " The Sheep Ordinance Amendment Ordinance, Sess. XI., No. U." "Appropriation Ordinance 1859-60, Sess. XI, No. 15." With reference to the remaining Ordinances, No. 2, the " Lunatic Asylum and Gravel-pit Reserves Sales Ordinance" appears to have been passed under the misconception that the Public Reserves Act confers the powers with the respect to Public Reserves, before they have been granted by the Crown, which only apply to such lands after they have been granted under that Act. The Proclamation of a Reserve by the late Superintendent of Canterbury did not divest the Crown of the legal estate therein, and it not being competent to the Provincial Legislature to pass Laws affecting Crown Lands ; this Ordinance is in excess of its powers. Number 8, the " Ship Building Reserve Lease Ordinance," is open to the same objections.

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DISALLOWANCE OF PROVINCIAL BILLS.

In Number 12, the " Municipal Council Ordinance," are several omissions or inaccuracies, as in Section 35 where an important blank is not filled up, in Section 73 which refers to Commissioners not otherwise alluded to, and to a Schedule which is omitted. This Ordinance confers large powers, amongst others, that of taking private property compulsorily, and of borrowing money. As to the exercise of many of the powers given by it, there is no appeal from the decision of the Council to be constituted, which is thus Judge, in cases where it is an interested paity. Cumulative penalties are also imposed in certain cases, which may in the whole exceed £100, which is the highest amount which Provincial Legislatures can authorize to be recoveied. In addition to these objections, the 93rd Section is in direct contravention of the sub-Section of the 19th Section of the Constitution Act, which prohibits Provincial Laws from interfering with the Supieme Court. For the above reasons it is necessary for me to advise his Excellency to disallow the three last mentionsd Ordinances. I have, &c, (Signed) E. W. Stafford. His Honor The Superintendent of Canterbury. MR. STAFFORD, TO SUPERINTENDENT, CANTERBURY. Colonial Secretary's Office, Auckland, 26th March, 1860. Sir,— With refeience to my Despatch No. 163, of the 24th instant, I have to state that the Reserved Bill, entitled the " Peacock Jetty Extension Ordinance," could, as affecting lands of the Crown, only have been passed, as was the Peacock Wharf Ordinance of Session VIII, under the authority of the Waste Lands Act, 1856, which was disallowed by Her Majesty, as notified in the New Zealand Gazette of the 4th June, 1858, I regret therefote that His Excellency cannot be advised to assent to it. The object of the Ordinance can however he carried out, by the issue of a Grant to your Honor under the Public Reserves Act, of so much of the Harbour as will enable an Ordinance similar to that under consideration to be passed by the Provincial Council. I may observe that the Schedule of this Ordinance refers to a plan a3 annexed, which is not attached. I have, &c, (Signed) E. W. Stafford. His Honor The Superintendent of Canterbury.

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