course, be subject to alteration by the new legislature which will hereafter be created; no such alteration can take effect without the consent of the Governor as the representative of the Crown, and would be liable, like all other measures of the local legislature, to be disallowed by Her Majesty. As circumstances, therefore, rendering a permanent change on the relative, for example regarding the judicial system would afford them all the certainty that could be desired.

14. The provisions of section 12 of the Ordinance appear to effect all that is necessary in the way of reserving subjects of general importance to the jurisdiction of the Central Legislative Council. There are, however, many other heads on which it would seem very expedient that uniformity of legislation should be maintained in the islands. Such are, for instance, criminal laws inflicting either the punishment of death, or secondary punishments of serious magnitude; laws regulating the course of inheritance of real or personal property, and the mode of disposing of property by will, and the extent of power exercisable by a testator; laws prescribing rules for the naturalization of aliens; and, perhaps, laws regulating the form and effect of deeds, and other evidence of contracts.

15. And it is to be observed that, in points of this kind, convenience requires that the law of the different provinces should not only be framed with a view to substantial similarity but that it should be absolutely identical. To manage, both because a mere difference in wording will often result in important though unintentional differences of substance, and also in order that discussion of points of law argued in one province may apply, beyond possibility of doubt, to the law as it stands in another.

16. These considerations, however, I leave to your judgement, wishing to prescribe to you only particular matters of absolutely imperative instructions. It may be also the power possessed by the Lieutenant-Governors of refusing their assent to any laws infringing this desirable uniformity which might be passed by the Legislatures of the Provinces would be sufficient to preserve them from such undesirable particular statutes, without the necessity of strictly reserving them for the central Legislature.

17. I concur, further, in the suggestion of your despatch, No. 76, of June 22nd, 1849, that legislation respecting the native race is not one of the subjects exclusively reserved for the General Legislature by the Ordinance of November 18th, the Lieutenant-Governors of the Provinces, and yourself, should, for the present, reserve for Her Majesty’s assent or disallowance any Ordinance which may be passed amending or repealing any law affecting the interests of the native race to which the Royal assent has once been given by the Governor. You will therefore take care that corresponding clauses be inserted in all such Ordinances, wherein you will understand that it is Her Majesty’s pleasure that they should not be submitted to her behalf by the Governor or Lieutenant-Governors of New Zealand. This reservation will of course apply to any Ordinances which may be passed relating to correspondence in which the native race are interested.

18. With respect to the boundaries between the Provinces: I understand you to be of opinion (from your despatch of February 6th, 1849), that there is no substantial objection (representative institutions being for the present postponed) to that proposed in my despatch of the 28th of February, 1848, between New Ulster and New Munster. You are therefore authorized to proclaim it at once.

19. The separation from New Munster of the two other projected provinces, of which Otago and New Canterbury are to form the nuclei respectively, must, for the present, be postponed, until the settlement of the latter is somewhat more advanced and the general convenience can be consulted with more certainty as to its limits.

20. It will also be necessary before these new Provinces are proclaimed that they should be able to defray the expenses of the establishments which will thus be required, without assistance either from the Parliamentary grant or from the revenue of the other Provinces. It is impossible, while there is ample room in the intermediate districts for all the immigrants who can desire to go to New Zealand, that Her Majesty’s Government should consent to the indefinite multiplication of new settlements, at a distance from those already formed. Except for the necessity that these who think proper to form such new settlements, will be ready to bear the whole of the charges which are thus incurred necessary for additional government establishments.

    (Signed) Grey.

    Govr. Grey.

    Civil Secretary’s Office,
    Auckland, July 18th, 1850.

TENDERS will be received at this Office, until 12 o’clock, noon, of the 3rd day of July, for building

A LONG BOAT

for H. M. Colonial Brig “Victoria.” The specification and any information required may be obtained on application to Mr. Philip Augustus Deck, the commander, or at this office.

Tenders to be sent in duplicate, endorsed, “Tender for Building Long Boat for Government Brig.”

C. A. Dillon,
Civil Secretary.