✨ Government Correspondence
NEW ZEALAND
GOVERNMENT GAZETTE.
(PROVINCE OF WELLINGTON.)
Published by Authority.
All Public Notifications which appear in this Gazette, with any Official Signatures thereunto annexed, are to be considered as Official Communications made to those persons to whom they relate, and are to be obeyed accordingly.
W. FITZHERBERT, Provincial Secretary.
VOL. VI.] FRIDAY, 14TH OCTOBER, 1859. [No. 24.
Provincial Secretary’s Office,
Wellington, 13th October, 1859.
THE following despatch and enclosures are directed to be published for general information.
WILLIAM FITZHERBERT,
Provincial Secretary.
464.] Colonial Secretary’s Office,
Auckland, 8th October, 1859.
SIR,—I have the honor to enclose for your information a copy of a Petition which has been presented to His Excellency the Governor, by the Provincial Council of Wellington on the subject of the "Public Money Control Bill," lately passed by the Council and disallowed by your Honor,—also a copy of the reply of the General Government to the Council’s Petition, with its enclosures.
I have the honor to be, Sir,
Your most obedient servant,
HENRY JOHN TANCRED,
For the Colonial Secretary.
His Honor
The Superintendent,
Wellington.
Colonial Secretary’s Office,
Auckland, 8th October, 1859.
SIR,—I have the honor to acknowledge the receipt of your communication dated 26th ultimo, transmitting a Petition to His Excellency the Governor from the Provincial Council of Wellington on the subject of the "Public Money Control Bill," lately passed by the Council, and disallowed by the Superintendent; and I have to inform you that the Petition has been duly laid before His Excellency.
In reply, I have, in the first place, to state that the Expenditure of the Provincial Revenue by the Superintendent, otherwise than under the authority of an Act of Appropriation passed by the Provincial Council, is plainly contrary to law.
An urgent public necessity may occasionally justify, or even demand, the expenditure of public money in anticipation of a legally granted supply. In such cases the Provincial Council is the Constitutional Judge of the conduct of the Superintendent. If the Council should approve of, or acquiesce in, the course taken by the Superintendent, it will give effect to its decision in his favor by making a retrospective appropriation covering the unauthorised expenditure. If, on the other hand, the Council should see reason for so strong a measure, it will refuse the Indemnity which it alone can grant, leaving the Executive exposed to the liabilities incurred by an illegal expenditure of the Public Money.
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Wellington Provincial Gazette 1859, No 24
✨ LLM interpretation of page content
🏛️ Publication of Despatch and Enclosures
🏛️ Governance & Central Administration13 October 1859
Despatch, Enclosures, Public Money Control Bill, Petition
- W. Fitzherbert, Provincial Secretary
🏛️ Enclosure of Petition and Reply
🏛️ Governance & Central Administration8 October 1859
Petition, Public Money Control Bill, Provincial Council
- HENRY JOHN TANCRED, For the Colonial Secretary
🏛️ Acknowledgement of Petition
🏛️ Governance & Central Administration8 October 1859
Petition, Public Money Control Bill, Provincial Council
- HENRY JOHN TANCRED, For the Colonial Secretary