4

This Act appears to me to exceed the powers of the Legislature. The Constitutional Act of 1852 renders it unlawful for the Superintendents andProvmaal Councils to do what they are by this do, namely, mak/laws affecting the Waste Lands of the Crown. And supposing Sutder Section 69 of the institutional Act the general Legislature could delegate tins power to L Provincial Councils, it could only do so by Bill reserved for the srgmficahon of Her Majesty s Pleasure which this has not been. It is true that by the (reserved Provincial Waste Lands Act, of 1854 the Assembly purports to confer on itself the authority to delegate this power to the Provincial Council, ButtneiL? did, nor in my view could, get rid of the restriction imposed on Uself by the Constitutional Act, namely, that any such increase of the powers of the Provincral Councils as thus &X% bean sufficient to induce Her Majesty's Government to advise Us disallowance, that measure is at all events now rendered necessary by the financral transact tions which have since taken place. The Act of Parliament « To guarantee a loan for the service of New Sand in accordance with the Local New Zealand Loan Act, 1856, fixes the mterest of the baa ™nteed by Parliament on the general Revenue of the Colony, winch M expressly stated to include fhTrevenue Siring from the Waste Lauds of the Crown. That guarantee would be seriously invpaoed, if the powe "f regulating the sale and disposal of Waste Lands and the revenue thence derivable were lodged in'the Provincial Legislatures instead of the central. g I have therefore to inform you that Her Majesty has been advised to disallow the Waste Lands Act of 1856, and that the order in Council for that purpose will be shortly despatched to you. I have, &c, (Signed) H. Labouchere. Covernor Gore Browne, C. B. &c., &c, &c. Downing street, 10th April, 1858. SiR,-With reference to njy Predecessor's Despatch, No. 35, of the Bth of May last I have to inform you that I have submitted to the Queen the Act of the Legislature of New Zealand No 81, Sessiou 3 entitled "An Act to define and settle the rights of holders of Land Orders and Scrip, and that it will be left to its operation. I nave, etc., (Signed) STANI El Governor Gore Browne, .C.B. etc., &c, &c, »

* Disallowance proclaimed in the " New Zealand Gazette," 4th Juno, 18