β¨ Constitutional Correspondence
THE NEW ZEALAND GAZETTE.
919
surprised that views such as those now expressed by Sir George Grey, should emanate from a person
who for many years had the honor of acting as Her Majesty's representative in this and other colonies."
-
Sir George Grey does not precisely understand what is the meaning of this passage. He feels
assured that the views he has expressed are such as would tend to Her Majesty's honor, and the
welfare of her subjects both in Great Britain and in her colonial possessions. He is also aware that
these views have been held by some of the greatest British statesmen, and that they have in no small
degree influenced recent legislation in reference to the colonial dependencies of the Crown. -
The Governor then goes on to state that he is the more surprised at these views, "when he
remembers that so late as two years ago, when in opposition, Sir George Grey did not hesitate to
invoke, both by letter and by telegraph, the authority of the Secretary of State, in opposition to the
views of the Government of the day, for the purpose of defeating a measure which had been passed by
large majorities in both branches of the Legislature, and that after he was aware that the Secretary
of State had officially announced that Her Majesty would not be advised to exercise her power of dis-
allowing the Act for the Abolition of Provinces, and, therefore, according to the views now expressed
by Sir George Grey, after the Secretary of State had no power to interfere." -
The Governor has forgotten that on the occasion to which he alludes, Sir George Grey did not
ask the Secretary of State to interfere within the limits of the Constitution Act. He asked him to
interfere with questions which lay outside that Act, and which in one case fell entirely under the
cognizance of the Imperial Government. He was also, during the period of time alluded to
by the Governor, specially anxious that an opinion should be obtained from the Attorney-General
and Solicitor-General of England, whether the British Parliament had or had not conferred upon the
General Assembly, by the Constitution Act, the power of abolishing the provinces without their con-
sent. He desired a dry legal opinion as to what the respective powers of the British Parliament and
the General Assembly were, in relation to that point. -
According to immemorial usage, the opinion of the Attorney-General and Solicitor-General
would have been obtained by the Secretary of State, and would have been forwarded to the Governor
for the consideration of the authorities in this country: it would have been taken for what it was
worth, and might have proved a very valuable guide. It does not appear, however, to have been pro-
cured; certainly it was not, in conformity with the usual practice in such cases, forwarded to the
Governor of this colony for his information. -
The questions regarding the powers of the Secretary of State now raised by Sir George Grey,
relate to his jurisdiction within the Constitution Act, and are essentially different from those raised in
the telegram or letters alluded to by the Governor. -
In reference to the argument now raised by the Governor, regarding the Executive Council
and the system of Responsible Government, Sir George Grey would remark as follows:- -
It is true that the Governor constitutes, under the authority of a commission from the Crown,
an Executive Council within the Colony of New Zealand; but his commission and instructions only
authorize him to submit to that Executive Council questions connected with those prerogatives of the
Crown-such as the prerogative of pardon-delegated to him by his commission. They do not
authorize the Executive Council in any way to interfere with acts performed under the laws of the
General Assembly of New Zealand. The Crown has not attempted to give powers to the Executive
Council which it had no lawful right to bestow upon that body. It was quite justified in saying, as it
did in fact say, to the Governor: In entrusting to you, the Governor, certain of our Royal preroga-
tives which belong to us as of right, we do not choose to entrust them to your sole discretion, but, for the
welfare of our people, we provide a Council to advise you in reference to every act done in relation thereto
until you have taken its advice, whether you follow it or not. If you do not follow it, you will report
to us that you have not acted on the advice of your Council, and you will give to us your reasons for
following your own will in preference to adopting its advice. -
Sir George Grey would further remark, on this point, that the General Assembly of New
Zealand need in no way recognize that Executive Council. It is not necessary, under the Constitution
Act, that the Ministers should be members of the Executive Council, nor is it necessary that any
single member of either House of the Legislature should be a member of the Executive Council.
Ministers only recognize that Council because the General Assembly has, by its enactments, required
them to do so, by passing laws which confer upon that Council various powers vested in the Governor
and his Responsible Advisers. -
The Governor also states that Responsible Government owes its existence to instructions con-
tained in a despatch from the Secretary of State. Sir George Grey ventures to say that the Secretary
of State could not either call into existence or establish Responsible Government in this colony. The
General Assembly may determine the exact form of its own Executive Government. The Secretary of
State has no more right to instruct the General Assembly what the form of Executive Government in
this colony is to be, than he would have had to have dictated to each of the provinces what its form of
Executive Government should have been. -
Sir George Grey, whilst anxious, in as far as possible, to concur in the opinions of the Governor,
cannot unreservedly admit that, in latter days at any rate, the various Secretaries of State for the
Colonies have been persons who have made themselves masters of the various subjects brought before
them, and in all important questions have exercised an independent judgment upon them. Sir George
Grey feels sure that many of the great statesmen alluded to would not, in such unqualified terms, have
assumed these attributes to themselves. On the contrary, he believes they would have said that they
had done their best, in as far as time, opportunity, and previous knowledge admitted, to make them-
selves masters of the various subjects brought before them; but that they admitted that many subjects
might not have been brought with sufficient prominence under their notice which ought to have claimed
their consideration; that their judgment upon almost all questions was necessarily based upon minutes
and advice of the Permanent Under Secretary of the Colonial Department; that they really had often
only time to peruse his recommendations, and that where these appeared reasonable, and were supported
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β¨ LLM interpretation of page content
ποΈ
Continuation of Governor's memorandum regarding constitutional powers and correspondence.
(continued from previous page)
ποΈ Governance & Central Administration17 June 1878
Sir George Grey, Governor, Secretary of State, Constitution Act, Responsible Government, Executive Council, Imperial Government
- George Grey (Sir), Subject of constitutional correspondence
- Governor
- Secretary of State
NZ Gazette 1878, No 59