✨ Governance Instructions and Precedency Table
48
precedency above high officers of the General Government and Legislature. Even admitting that there were an analogy between the position of the Provincial Superintendents under the New Zealand Constitution and that of the officers formerly so styled in different colonies (which is hardly the case their duties being wholly different) that analogy would fail here, because no local Superintendent under the old Colonial system could have been at once “in his Province” and “at the seat of Government.” The rank of the Superintendent in Auckland cannot be placed higher than that of the “Commissioners, or Government agents of Provinces or Districts” in the table contained in the Colonial Regulations. But in the other Provinces there being at present no Lieutenant Governor, the Superintendent should have precedency of all other persons.
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I am not sure whether I correctly understand the Acting Governor as asking for instructions respecting the precedency of the Superintendents in relation to each other. It is a question on which the local Government would be better able to decide (subject to the confirmation of the Crown) than Her Majesty’s Government. But if reference is made to me, I should direct that the order of seniority be followed, that is, Superintendents to rank according to the date of their election, such date in the case of those who had served more than once being that of the first election.
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The Superintendents are certainly not invested with the power of Lieutenant Governors, or any other Executive powers by the Constitution; and I am not aware that any Executive functions have since been entrusted to them by the General Legislature: and until such is the case it would seem that their official correspondence with the Governor must be limited to that arising from their Legislative duties defined by the Constitution. But with respect to this official correspondence, Her Majesty’s Government think that the dignity and peculiar functions of the Superintendents entitle them to carry it on direct with the Governor and not through the medium of the Colonial Secretary, and I do not see that it is possible for me to define beforehand what may be properly “official” correspondence.
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It has already been intimated by my predecessors in this Department that all communications from the Superintendents must be addressed to the Secretary of State through the Governor in the same manner as those from all other parties official or private. Nor do Her Majesty’s Government see any reason for altering this rule. On the contrary they are satisfied that whilst its maintenance is essential for order and regularity in the conduct of public business and for securing to the Secretary of State the fullest available information in respect to the questions which may be submitted to him, it is still more important to the public of New Zealand in order to maintain the unity of the Executive Government of that Colony as established by its present Constitution.
I have, &c.,
(Signed) H. LABOUCHERE.
TABLE OF PRECEDENCY.
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The Governor or Lieutenant-Governor, or Officer administering the Government.
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The Lieutenant-Governor (not administering the Government) or the senior Officer in command of the Troops, if he is to succeed to the administration of the Government, in case of the death or absence of the Governor, Lieutenant-Governor, or the Officer administering the Government.
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The Bishop.
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The Chief Justice.
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The Members of the Executive Council.
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The President of the Legislative Council.
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The Members of the Legislative Council.
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The Speaker of the House of Assembly.
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The Puisne Judges.
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The Members of the House of Assembly.
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The Colonial Secretary (not being in the Executive Council).
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The Commissioners or Government Agents of Provinces or Districts.
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The Attorney-General.
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The Solicitor-General.
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The Senior Officer in command of the Troops, except in cases already provided for.
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✨ LLM interpretation of page content
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Instructions on Position and Rights of Provincial Superintendents
(continued from previous page)
🏛️ Governance & Central Administration27 November 1855
Despatch, Acting Governor Wynyard, Provincial Superintendents, Constitution, Precedency
- H. Labouchere
🏛️ Table of Precedency in New Zealand
🏛️ Governance & Central AdministrationPrecedency, Governor, Lieutenant-Governor, Bishop, Chief Justice, Executive Council, Legislative Council, House of Assembly
Canterbury Provincial Gazette 1856, No 12