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The Hon. the Colonial Secretary, New Zealand, to the Hon. the Colonial Secretary, New South "Wales. (No. 81.) Sib, — Colonial Secretary's Office, Wellington, 11th June, 1874. I have the honor to enclose, for your consideration, the opinion of the Attorney-General of this Colony upon the proclamations published in the New South Wales Government Gazette No. 169, of the Bth of July, 1873, dated respectively the 17th of April and the Bth of July, 1873. The former proclamation—containing a recital to the effect that " The diseases known as rinderpest and foot-and-mouth disease in stock exist in almost every colony or country other than * * * * New Zealand "■—proceeds to prohibit the importation of stock, fodder, or fittings from any part of the world except the Colonies named in the recital; the latter proclamation, reciting the former, proceeds to state that as New Zealand had not issued a similar proclamation, the importation into New South Wales of any stock, fodder, or fittings from New Zealand should be totally prohibited until the Government of this Colony should have issued a proclamation, and published it in the London Times, prohibiting the importation of stock, fodder, or fittings from all countries other than the Australasian Colonies. From this opinion you will observe that the Government of New Zealand are advised that these proclamations are both illegal. lam in possession of a memorandum by the Secretary of Lands, New South Wales, upon the subject, in which he, in effect, justifies the proclamation affecting New Zealand, because he does not consider it safe to permit the unrestricted importation of stock from New Zealand. Such an opinion, in the absence of legal power to give it effect, I submit does not justify the proclamation. Restrictions upon the interchange of commodities between different countries are so opposed to the enlightened notions of commercial polity of the present day, that they are looked upon with the utmost jealousy. By the strained use of Acts of Parliament, such as that of which this Government complain, countries might practically adopt a system of isolation, or one of differential relations with other countries, whilst theoretically their laws might be held to uphold the largest respect for freedom of trade. I do not disguise from you the opinion of this Government that when a Colony, by an excessive exercise of power, injuriously affects another Colony, the matter becomes one of Imperial concern. In the present case the matter is one of Imperial concern, not only because of the proclamation injuriously affecting New Zealand, but also because the proclamation affecting other countries is, as we are advised, ultra vires. The Imperial country is particularly affected, not only in regard to its own trade, but in regard to its treaty obligations. I do not wish you to suppose that I am remarking on the merits of the proposed prohibition. Supposing it were, in the last degree, a measure of extreme necessity, I should still urge that the large nature of its operation should render incumbent its sanction by law. What this Government complain of is, that the proclamation continues, without the law sanctioning it in the first instance, or resort being had to the Legislature for retrospective sanction, if such were possible. As to the merits of the measure, this Government agreed to the course determined at the late Conference; and in pursuance of the resolution then arrived at, a Bill was introduced and supported by this Government to euable effect to be given to the resolution in a legal manner. That Bill was thrown out. If the Government of New South Wales, in pursuance of the same resolution, carried a Bill through the New Soutli Wales Legislature, which would make 'legal such action as has been taken, this Government would not have cause to complain. But they think that they have much cause bo complain that importations from New Zealand should be prohibited in virtue of power only legally exercisable if disease existed in the Colony, although in the Government Gazette of New South Wales, side by side with this proclamation, appears the other proclamation affecting the rest of the world, and in which it is admitted that New Zealand is free from disease. I have, Ac, The Hon. the Colonial Secretary, William H. Eeynolds, N.S. Wales. (in the absence of the Colonial Secretary). Enclosure. . Opinion op the Attorney-Geneeal foe New Zealand. sth June, 1874. I iiave perused the resolution passed at the Intercolonial Conference in 1873, relative to diseases in stock, and the proclamations by the Governors of New South Wales and Victoria. The resolution passed and unanimously adopted is as follows : — " That the importation of cattle, sheep, and piga into New South Wales, New Zealand, Queensland, South Australia, Tasmania, Victoria, and Western Australia, be prohibited for a period of two years from all places beyond the Australasian Colonies, such prohibition to commence from and after the publication of a notice in the London Times ; and the representatives of the various Colonies engage to introduce into their several Legislatures such measures as may be necessary to carry out this object." The report founded thereon is as follows : — " The Conference having taken into consideration the great danger to which Australian live stock are exposed, from the importation of animals from countries in which infectious disease prevails, it was resolved that it is expedient to prohibit, for a period of two years, the landing of cattle, sheep, and pigs from any places beyond the limits of the Australasian Colonies, and that such prohibition should take effect from and after the publication of a notice in the London Times." It is to be observed that the report is, that the Conference resolved that it " was expedient to prohibit, for two years, the landing of cattle, sheep, and pigs from any places beyond the limits of 4—A. 0.
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