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THE NEW ZEALAND GOVERNMENT GAZETTE

(PROVINCE OF NELSON).

Published by Authority.

All notifications which appear in this Gazette with any Official Signature thereunto annexed are to be considered as Official Communications made to those Persons to whom they may relate, and are to be obeyed accordingly.

EUGENE J. O'CONOR, Provincial Secretary.

VOL. XXIV. | NELSON, WEDNESDAY, MAY 12, 1875. | No. 11.

PROVINCIAL COUNCIL.

TUESDAY, MAY 11, 1875.

The 26th Session of the Provincial Council was opened this day at One o'clock, when the following Address of the Superintendent was delivered:—

Mr Speaker, and Gentlemen of the Provincial Council,

1. In opening your first session since the introduction of Responsible Government in the administration of the affairs of the Province, I desire to make it plainly understood that the views I shall express to you in doing so will be my own, as Superintendent of the Province, and not necessarily those of my Executive Council.

Although I am aware that the Superintendents of other Provinces in which the system of Responsible Government has been adopted are satisfied to confine their opening addresses to the expression of opinions dictated, or at least sanctioned, by their Executive Councils, I decline to accept that position, which appears to me to be wholly inconsistent with the existence of independent relations between the elected head of the Province and the Provincial Council.

2. Since the passing of the Executive Council Act of last session, I have endeavoured to give full scope and fair play to its operation in order that the advantages and disadvantages of the measure may be fully tested.

I cannot ignore the fact that men of recognised political knowledge and ability hold and express the opinion that the Superintendent of a Province in which the system of Responsible Government obtains should refuse to act upon any advice given to him by his Executive Council of which he himself disapproves. But apart from the consideration that such a refusal would be a direct breach of the law, it seems clear to me that, were this view to be acted upon, the Executive Council Act of 1874 would be reduced to an absolute nullity.

The Superintendent was quite at liberty to act upon such advice of his Executive as met with his approval, previously to the existence of that measure.

The facts that the Superintendent is a separate branch of the Legislature, and that he is elected by the people, do not neutralise the law, which declares that in his administrative capacity he shall act only in accordance with the advice of his Executive Council, and I may here observe that both the deliberative and the casting vote given to the Superintendent as President of the Executive Council, prove, in practice, to be of little value so far as regards decisions upon important questions. On all such questions the Executive Council necessarily vote in a body, as party discipline requires.

I feel bound to say, however, that with the exceptions to which I shall presently refer, I have succeeded in working in satisfactory accord with the first Responsible Executive Council.

3. In regard to the ordinary routine of administrative action, including the appointment, suspension, and dismissal of Provincial servants, matters which are explicitly placed, by the Act of last session, under the control of the Executive Council, I have in all cases acted upon the advice of that body as the law requires, and, although in some instances their