✨ Governance Correspondence
duce the payment to the New Zealand
Company to a mere fractional amount,
they could only have committed this act
of injustice (for such under the circumstances it would have been) by devoting
the whole residue to surveys and emigration without being able to appropriate
any portion whatever to any public work
or other purpose of general advantage.
-
This had been so strongly felt by
my predecessor, Earl Grey, that he had
thought it advisable, by way of compromise with the New Zealand Company,
to fix the proportion to be paid to them,
by mutual agreement, at one-fourth of
the gross proceeds. And, after the best
consideration I could give the subject,
with the advice of the parties best qualified to assist me, I arrived at the conclusion
that the arrangement thus practically in
existence already was that which it was
best to retain in the act. -
I regret that I have found myself
unable to accede to your proposal, made
to my predecessor, to transfer this charge
from the Local Land Revenue to the Imperial Treasury; not seeing any grounds
of justice for the charge. It was Lord
Grey’s project, on the other hand, to alter
the charge into a fixed debt, of less
amount, chargeable on the whole revenue
of the province, and bearing interest: a
project on which I offer no opinion of my
own, merely stating that I have no doubt
her Majesty’s Government will at all
times be ready, if called on, to assist in
any reasonable scheme for the extinction
of the debt which the Local Legislature may devise. -
The remaining exceptions to the
general transfer of the control over the
waste lands consist in the provisions
thought necessary to maintain the Canterbury Settlement, and to empower her
Majesty’s Government to maintain that
of Otago, if it shall find the Crown bound
by existing engagements to do so, or
shall deem it expedient to renew the
powers of the Association on fresh terms.
For the present, therefore, the affairs of
these settlements, and the distribution of
their funds, remain as heretofore, and I
will duly acquaint you with any decision
at which her Majesty’s Government may
arrive respecting either of them. -
I shall, also, address you further as
to the affairs of the other settlements of
the New Zealand Company, so far as
they may be affected by the present Act. -
In addition to these functions, the
Act confers on the Legislature by sections 67, 68, and 69, the most extensive
powers of introducing into the Constitution such changes as experience may indicate, or deliberate public opinion may
require. -
Your own powers and duties, with
reference to the ultimate confirmation or
disallowance of Acts of the General Assembly by the Crown, are defined by the
56th and following sections so fully as to
render it unnecessary for me to enter into any details on the subject. -
Before dismissing the subject of
the General Assembly, I wish to point
out that while five years is fixed as the
period of its duration, the Act contains
no provisions fixing the periods of its sessions, or rendering it imperative on the
Governor to assemble it at stated times,
it has been felt that, under the present
circumstances of New Zealand, and with
a complete machinery of Provincial
Councils, it was possible, although no
absolute prediction on this point can be
hazarded, that for some time its meetings will be occasional only. -
The provisions of section 70 have
been introduced into the statute in order
that its enactment may not clash with any
measures which you are taking, or may be
advised to take, respecting the establishment of municipalities.
At the same
time I wish to convey my own opinion
that, considering the character and functions of the Provincial Councils, which
must be eminently of a municipal character, it seems doubtful whether there will
be any necessity for the creation of other
local authorities subordinate to these,
until New Zealand has attained a greater
amount of population than is likely to be
the case for some time. -
It has farther been thought essential to preserve to the Crown by section
71, with power of delegating it to yourself, the authority which you already possess, of portioning out districts in which
the customs and usages of the natives
may be preserved, and exempting them
as it were from the common law of the
settled portions of New Zealand. This
is a power not to be exercised without
strong ground, and which, it is rather to
be hoped, you may not find it necessary at
present to exercise; but under the power
reserved by section 79 I have to inform
you that the authority given to the Crown
in that behalf, as well as for the formation
of Municipal Corporations, by section 79
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Despatch from the Right Hon. the Minister for the Colonies
(continued from previous page)
🏛️ Governance & Central Administration16 July 1852
Representative Constitution, New Zealand, Act of Parliament, Provincial Councils, Legislative Council, Superintendents, Executive Powers, Land Revenue, Surveys, Emigration, Canterbury Settlement, Otago Settlement, Municipalities, Native Customs
- Earl Grey
- Lord Grey
New Munster Gazette 1852, No 31A