JQ 
 
 5815 
 
 1851 
 
 A55 
 
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 Great Britain 
 
 Colonial Office 
 
 The Constitution of New 
 Zealand
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 5SI!i
 
 THE CONSTITUTION 
 
 OF 
 
 NEW ZEALAND. 
 
 Despatch from Sir George Grey 
 
 TO THE 
 
 Right Hon. Earl Grey, 
 
 aurfelanli, Nrbj 2talanli: 
 
 H. BRETT, GENEEAL PRINTER, SHORTLAND & FORT STREETS. 
 
 1891.

 
 THE CONSTITUTION 
 
 OF 
 
 NEW ZEALAND 
 
 Despatch from Sir George Grey 
 
 Right Hon. Earl Grey. 
 
 "auchlauD, Xrio Scalauti : 
 
 II. CkETT, GkNEUAL PklNTKR, ShuRTLAND AND FoRT STREETS. 
 
 1S91.
 
 IBS') 
 ^5^ 
 
 PREFACE. 
 
 The subject of colonial federation having again 
 come to the front, it has been thought desirable to 
 republish a despatch written more than forty years 
 ago upon this question. 
 
 The result of that despatch was the enactment 
 by the British Parliament of " An Act to grant 
 a Representative Constitution to the Colony of 
 New Zealand/' This was the most liberal con- 
 stitution which had at that time been conferred 
 upon any British Colony, and formed the basis of 
 the constitution given to Canada. 
 
 The Colonial Minister, Sir John Packington, in 
 transmitting to the (Governor the New Zealand 
 Constitution Act, July 16th, lHo'2, informed him as 
 follows : — "They (Her Majesty's Government; are, 
 in fact, well assured that the measure itself, now 
 reduced into a law, owes its shape in great degree 
 to your valuable suggestions. It has been thought 
 advisable that the Provincial Councils should 
 consist of a single Chamber, consisting wholly of 
 elected members. 
 
 '' Her Majesty's Government determined on 
 submitting to Parliament another suggestion, 
 originated by yourself, although not actually 
 reduced by you into practice, that of rendering the 
 Superintendents of Provinces elective. They are 
 aware that this is an innovation on ordinary usage. 
 . . . But they have not, on this account, thought 
 it necessary to withhold what they have every 
 reason to believe will be regarded by the colonists 
 as a valuable concession, whilst they feel a confident 
 hope that the electors will form the best judgment 
 as to the persons qualified to serve the public 
 interest in offices for which a knowledge of the 
 wants and circumstances of each locality is 
 peculiarly necessary. 
 
 1296411
 
 4 PREFACE. 
 
 " Another point in which you will observe that 
 your own sugg-estions have been adopted is the 
 leaving the power ot allowance and disallowance of 
 Provincial Ordinances in the Government, instead 
 of in the Crown." 
 
 Notwithstanding these concessions on the part of 
 the Home Government, Sir J. Packington refused to 
 allow the Legislative Council, or Upper House, to 
 consist of elected members, as had been recom- 
 mended. The Imperial Parliament therefore 
 decided that the members of the Council should be 
 nominated by the Crown for life. This change 
 destroyed the balance of the proposed New Zealand 
 Constitution. 
 
 The objects specially contemplated in drafting 
 that constitution had been to do away with various 
 restrictions upon freedom of election and legislation, 
 which at that date prevailed. To do away with the 
 necessity for any special rank, or money, or 
 property qualifications, to enable a person to enter 
 a legislative body. To secure what was then 
 regarded as a low rate of franchise. To establish 
 Provinces with the most ample powers of real local 
 self-government. To enable the people of such 
 Provinces to elect their own Lieut. -Governors 
 (Superintendents). To show in practice that at 
 least in populations which were not numerous one 
 Chamber was sufficient to insure good legislation. 
 To enable the Provinces to alter their form of 
 government as they might desire, without reference 
 to any outside authority, and generally to prevent 
 such external authority from interfering with the 
 internal legislation of New Zealand. To secure the 
 equitable application of the revenues of the entire 
 colony throughout its whole extent. To provide for 
 the payment of members. 
 
 It was thought necessary to place one restriction 
 on the powers of the Provinces. When the United 
 States federated, each State claimed to be a 
 Sovereign State, independent in every respect of 
 any other authority. The States then agreed to 
 divest themselves of the power of legislating on 
 certain subjects of common interest, and to vest the 
 power of legislating on these in the General 
 Congress, The legislative powers of Congress
 
 PREFACE. 5 
 
 were thus shut up within well-defined boundaries, 
 which could only be extended by the unanimous 
 •consent of all the States. Hence, in the event of 
 any question of paramount interest arising — such 
 as slavery — if the majority of the States and people 
 desired a general law, modifying or abolishing such 
 an institution, the minority might refuse the 
 Congress the power of making such a law. It was 
 difficult to see how such an emergency could be 
 met without recourse to arms. It appeared, there- 
 fore, to be prudent to make some provision for 
 meeting such a possible contingency. These views 
 were acquiesced in by the British Government and 
 Parliament. The General .Vssembly of New 
 Zealand, which was composed of the representative 
 of the Queen, the Legislative Council, and House 
 of Representatives, was therefore regarded as the 
 sovereign power, which had devolved certain of its 
 powers of legislation on the Superintendents and 
 Legislative Councils of Provinces, on the condition 
 that it could resume any of these powers if it 
 deemed it necessary for the common good to do 
 so. 
 
 By clause 10 of the New Zealand Constitution 
 Act, it was therefore enacted that it should not be 
 lawful for the Superintendent and Provincial 
 Council to make or ordain any law or ordinance 
 relating to certain named special purposes of 
 general interest, which concerned the welfare of the 
 entire colony, and in the fifty-third clause of the 
 same Act a further provision to the following 
 effect was enacted : — " The laws so to be made by 
 the General Assembly shall control and supersede 
 any laws or ordinances in anywise repugnant 
 thereto, which may have been made or ordained 
 prior thereto by any Provincial Council, and any 
 law or ordinance made or ordained by any Pro- 
 vincial Council in pursuance of the authority herein 
 conferred upon it, and on any subject whereon, 
 under such authority as aforesaid, it is entitled to 
 legislate, shall so far as the same is repugnant to, 
 or inconsistent with any Act of the General 
 Assembly, be null and void." 
 
 Extensive as were the then unusual powers 
 gfiven by their constitution to the Provinces of New
 
 6 PREFACE. 
 
 Zealand, and to its people, it is universally ad- 
 mitted that they used them well and wisely ; that 
 they so governed themselves that they prospered in 
 no ordinary degree, and were truly loyal and 
 contented, whilst in the Provincial Councils were 
 educated that class of statesmen who have ruled 
 New Zealand almost to the present time.
 
 DESPATCH FROM SIR GEORGE GREY TO 
 THE RIGHT HON. EARL GREY. 
 
 No. 121 — Legislatwe. 
 
 Government House, Wellington, 
 August 30, 1851. 
 
 M\ Lord, — Adverting to my despatch, No. 123^ 
 of the 24th October, 1S.")0, in which I transmitted, 
 for your Lordship's information, the draft of a Bill 
 for constitution of Provincial Councils which I in- 
 tended to introduce into the General Legislative 
 Council of these islands, I have now the honour to 
 enclose that Ordinance in the form in which it 
 passed the Council and received my assent.* 
 
 2. In thus transmitting it for the purpose of being 
 submitted for Her Majesty's approval or disallow- 
 ance, I think it right to make, for your Lordship's 
 information, the following report upon the enclosed 
 measure. 
 
 •S. In doing so it will however be necessary for 
 me to advert to what took place in 184G, when 
 Parliament passed an Act to make further provision 
 for the government of the New Zealand islands, in 
 conformity with the provisions of which a Charter 
 was issued, and a Constitution conferred upon these 
 islands, regarding the general provisions or details 
 of which, it was, from want of time, not found prac- 
 ticable to afford me any opportunity of making a 
 report or offering any opinion. 
 
 4. When that Constitution and the Instructions 
 which accompanied it arrived in the colony, very 
 serious disturbances prevailed ; and the native 
 population having for some time previously been 
 in a state of great excitement and rebellion, I 
 thought it would be imprudent to attempt imme- 
 diately to introduce certain provisions in the 
 Charter, Constitution, and Instructions, which had 
 been sent out to me, and I reported to your Lord- 
 ship accordingly. With a promptitude and gene- 
 rous confidence in my prudence and judgment for 
 
 ' Provincial Councils Onlinance, Sess. XI., No. 6.
 
 8 THE NEW ZEALAND 
 
 which I shall always feel grateful, your Lordship 
 acceded to my views ; and upon your recommenda- 
 tion Parliament passed an Act in 1848, suspending 
 for five years the constitution which had been be- 
 stowed upon these islands, and further authorizing 
 me, during those five years, to constitute in Xew 
 Zealand Provincial Councils, to be composed either 
 wholly of elected, or partly of appointed and partly 
 of elected members, as might be thought most de- 
 sirable. 
 
 5. The suspending .Vet of Parliament not wholly 
 repealing, or even altering, the constitution which, 
 under your Lordship's directions, had been con- 
 ferred upon these islands, but only deferring its 
 introduction for five years, I felt that it was my 
 duty to your Lordship, who had acted with such 
 generosity and confidence towards myself, to be 
 careful to exercise the powers conferred upon me 
 by Parliament with regard to the creation of Pro- 
 vincial Councils in such a manner as should neither 
 defeat nor even embarrass, but rather aid in the 
 introduction at the termination of the five years for 
 which it was suspended) of that form of constitution 
 which that offtcer of Her Majesty's Government, 
 under whose direct orders I was serving, and upon 
 whom the responsibility of advising the Queen upon 
 such subjects rested, had deemed most fitted for the 
 present condition of these islands, and which consti- 
 tution was, moreover, in very many of its main 
 features, one well adapted to promote the pros- 
 perity of New Zealand. 
 
 0. I also felt that I had a peculiar and very deli- 
 cate duty to perform towards Parliament, because 
 the powers with which I was intrusted by the Act 
 1 1 \^ict., cap. .")., of constituting Provincial Councils, 
 were very great powers, such as I believe had 
 before that time rarely, if ever, been entrusted to a 
 Colonial Governor ; and Parliament, at the same 
 time that it had intrusted me with these ample and 
 unusual powers of legislation on such important 
 subjects, was itself legislating upon the same 
 subjects, with reference to colonies in the immediate 
 vicinity of these islands. I judged therefore that it 
 was my duty, as an officer of a great Empire, in- 
 trusted with high powers, not to attempt rashly to
 
 CONSTITUTION ACT. 9 
 
 set up my judgment against the opinions of the 
 tnajoritv of the great council of that Empire, and 
 by legislating in a manner different from that which 
 they thought proper to pursue in immediately 
 neighbouring colonies, create, perhaps, great em- 
 barrassment and m.uch discontent. But I thought 
 it rather my duty, in any Ordinances which I might 
 pass for the creation of local legislatures, to act, in 
 as far as the circumstances of this country would 
 permit, in perfect accord and harmony with the 
 system which Parliament might pursue ; and then, 
 in reference to any other changes I might deem 
 necessary, to make recommendations on the subject 
 to your I^ordship, in order that they might be sub- 
 mitted for the consideration of Parliament. 
 
 7. In all proceedings, therefore, which I have 
 taken in reference to the changes I have introduced 
 into the constitution of this country, I have held the 
 two foregoing principles in view ; although I have 
 still so framed my measures as to make gradual 
 advances towards what, in my own opinion, would 
 be the most perfect form of constitution which 
 could be bestowed upon New Zealand. 
 
 8. The recent despatches I have received from 
 your Lordship having convinced me that your 
 desire to promote the welfare of the inhabitants of 
 these islands and the interests of the Empire is so 
 strong, that you are ready instantly to forego the 
 form of constitution proposed by your Lordship if a 
 better one can be presented for your consideration, 
 and as you have invited the full expression of my 
 views upon the subject, I now, although with a 
 sense of great diffidence in opposing my own views 
 to those of your Lordship and Parliament, proceed, 
 in transmitting the enclosed Ordinance, to make a 
 general report upon the form of institutions which 
 a long consideration of the subject has made me 
 deem best adapted to the circumstances of these 
 islands, and to show how I hoped that the Ordi- 
 nance now transmitted might ultimately form a 
 component, and perhaps the most important part 
 of such institutions. 
 
 0. In making such a report as I have above indi- 
 cated, I shall assume, in conformity with the terms 
 of your Lordship's despatch. No. 23, of the l!)th
 
 lO THE NEAV ZEALAND 
 
 February, 1851, that (although they have not yet 
 reached me) Instructions have been issued to me 
 by her Majesty, leaving me unfettered discretion 
 as to the number of provinces into which New 
 Zealand should be divided ; and I shall further 
 report fully the mode in which I intend temporarily- 
 to give effect to those instructions and to the en- 
 closed Ordinance, so that my proceedings may, in 
 as slight a degree as possible, interfere with any 
 arrangements which Her Majesty Government may 
 see fit to make regarding the form of constitution 
 for New Zealand, whether they may either adopt 
 in whole or in part, or entirely reject, the plan of 
 institutions embodied in the enclosed Ordinance 
 and this report. 
 
 10. In order that the present state of these 
 islands, and the condition of the several races in- 
 habiting them, for whom representative institutions 
 are to be provided, may be clearly understood, and 
 that the subject may stand in a complete form, it 
 will be necessary for me to incorporate into the 
 present despatch, with such modifications as carry 
 the subject up to the present time, several of the 
 first paragraphs of a despatch, number 93, which I 
 addressed to your lordship upon the 0th of July,. 
 184!). 
 
 1 1 . The group ol colonies comprised in the New- 
 Zealand islands are composed at present of what 
 may be termed nine principal European settlements, 
 besides smaller dependencies of these. The largest 
 of these settlements contains about nine thousand 
 (9,000) European inhabitants ; and their total 
 European population may be estimated at about 
 twenty-six thousand souls. These settlements are 
 scattered over a distance of about nine hundred 
 miles of latitude ; they are separated from each 
 other by wide intervals ; and communication, even 
 for persons on horseback, exists only between three 
 of them. Their inhabitants are chiefly British sub- 
 jects, but there are amongst them many Americans, 
 French, and Germans. The majority of them have 
 never been trained to the use of arms. The settlers,, 
 both in the main colonies and the subordinate de- 
 pendencies, have occupied the country in so scat- 
 tered and irregular a manner, that it would be found
 
 COXSTITUTIOX ACT. I I 
 
 impossible to afford them efficient protection. They 
 are generally without arms, and would probably 
 be deprived of them by the aboriginal population if 
 they possessed them at any remote stations. 
 
 VI. The wide intervals between these European 
 colonies are occupied by a native race, estimated 
 to consist of one hundred and twenty thousand 
 (120,000 souls, a very large proportion of whom 
 are males capable of bearing arms. These natives 
 are generally armed with rifles or double-barrelled 
 guns ; they are skilled in the use of their weapons^ 
 and take great care of them ; they are addicted to 
 war, have repeatedly in encounters with our troops 
 been reported by our own officers to be equal to 
 any European troops, and are such good tactitians 
 that we have never yet succeeded in bringing them 
 to a decisive encounter, they having always availed 
 themselves of the advantages afforded by their 
 wilds and fastnesses. Their armed bodies move 
 wdthout any baggage, and are attended by the 
 women, who carry potatoes on their backs for the 
 warriors, or subsist them by digging fern-root, sa 
 that they are wholly independent of supplies, and 
 can move and subsist their forces in countries where 
 our troops cannot live. 
 
 i:?. I should here correct a popular fallacy,, 
 which, if ever acted upon, might prove ruinous to 
 these settlements. It has been customary to com- 
 pare them to the early American colonies, and the 
 natives of this country to the North American 
 Indians. There appears to be no analogy between 
 the irregular manner in which these islands were 
 partially peopled by whalers and persons from all 
 portions of the globe, and the pilgrim fathers 
 who founded the early settlements in America ;. 
 and I have been assured by many excellent 
 and experienced officers, well acquainted with 
 America and this country, that there is, in a mili- 
 tary point of view, no analogy at all between the 
 natives of the two countries ; the Maories, both in 
 weapons and knowledge of the art of war, a skill in 
 planning, and perseverance in carrying out, the 
 operations of a lengthened campaign, being infi- 
 nitely superior to the American Indians. In fact 
 there can be no doubt that they are, for warfare in
 
 12 THE NEW ZEALAND 
 
 this country, even better equipped than our own 
 troops. 
 
 14. These natives, form the positions which they 
 occupy between all the settlements, can choose their 
 own points of attack, and might even so mislead the 
 most wary government as to their intended opera- 
 tions, as to render it extremely difficult to tell at 
 what point they intended to strike a blow. They 
 can move their forces with rapidity and secrecy 
 from one point of the country to another ; whilst, 
 irom the general absence of roads, the impassable 
 nature of the country, and the utter want of supplies, 
 it is impossible (except in the case of some of the 
 settlements where good roads have been constructed) 
 to move a European force more than a few miles 
 into the interior from any settlement. 
 
 15. The natives, moreover, present no point at 
 which they can be attacked, or against which ope- 
 rations can be carried on. Finding now that we 
 can readily destroy their pas or fortifications, they 
 no longer construct them, but live in scattered 
 villages, round which they have their cultivations, 
 and these they can abandon without difficulty or 
 serious loss, being readily received and fed by any 
 friendly tribe to whom they may repair. They 
 thus present no vulnerable point. Amongst them 
 are large numbers of lawless spirits, who are too 
 ready, for the sake of excitement and the hope of 
 plunder, to follow any predatory chief. To assist 
 in anything which might be regarded as a national 
 war, there can be little doubt that almost every 
 village would pour forth its chiefs and its popula- 
 tion. 
 
 IG. With these characteristics of courage and 
 warlike vagrancy, the Maories present, however, 
 other remarkable traits of character. Nearly the 
 whole nation has now been converted to Chris- 
 tianity. They are fond of agriculture, take great 
 pleasure in cattle and horses ; like the sea, and form 
 good sailors ; have now many coasting vessels of 
 their own manned with Maori crews ; are attached 
 to Eurbpeans, and admire their customs and man- 
 ners ; are extremely ambitious of rising in civiliza- 
 tion and of becoming skilled in European arts ; they 
 are apt at learning ; in many respects extremely
 
 CONSTITUTION ACT. 1 3 
 
 conscientious and observant of their word ; are 
 ambitious of honours, and are probably the most 
 covetous race in the world. They are also agreeable 
 in manners, and attachments of a lasting character 
 readily and frequently spring up between them and 
 the Europeans. Many of them have also now, from 
 their property, a large stake in the welfare of the 
 country ; one chief has, besides valuable property 
 of various kinds, upwards of five hundred pounds 
 (£500) invested in Government securities ; several 
 others have also sums of from two to four hundred 
 pounds (200 to £400! invested in the same securi- 
 ties. 
 
 17. A consideration of these circumstances will, I 
 think, lead to the conclusion that any attempt to 
 form, in those portions of these islands which are 
 densely peopled by the natives, an ordinary Euro- 
 pean settlement, the inhabitants of which produced 
 all they required, and were wholly independent of 
 the native race, must end in failure. The natives 
 in the vicinity of such a settlement, finding them- 
 selves excluded from all community of prosperity 
 with the inhabitants, would soon form lawless 
 bands of borderers, who, if they did not speedily 
 sweep away the settlement, would yet, by their 
 constant incursions, so harass and impoverish its 
 inhabitants that they would certainly soon with- 
 draw to the neighbouring Australian settlements, 
 whefe they could lead a life of peace and freedom 
 from such incursions. Upon the other hand, how- 
 ever, it would appear that a race such as has been 
 described could be easily incorporated into any 
 British settlement, with mutual advantage to both 
 races ; the natives supplying agricultural produce, 
 poultry, pigs, and a constant supply of labour 
 (although yet for the most part rude and unskilled) ; 
 whilst, upon the other hand, the Europeans would 
 supply the various manufactured goods required by 
 the natives, and provide for the manifold wants 
 created by their increasing civilisation. Such a 
 class of settlements might easily grow into pros- 
 perous communities, into which the natives, with 
 characters softened by Christianity, civilization, and 
 a taste for previously unknown luxuries, would 
 readily be absorbed. This process of the incorpora-
 
 14 THE NEW ZEALAND 
 
 tion of the native population into the European 
 settlements, has, accordingly, for the last few years, 
 been taking place with a rapidity unexampled in 
 history. Unless some sudden and unforeseen cause 
 of interruption should occur, it will still proceed, 
 and a very few years of continued peace and pros- 
 perity would suffice for the entire fusion of the two 
 races into one nation. 
 
 1<S. These observations on the present relative 
 positions of the European and native populations 
 of these islands apply principally to the northern 
 island of New Zealand ; the European population 
 in the Middle Island already probably considerably 
 outnumbering the natives who inhabit that island. 
 
 ID. In considering the geographical and political 
 positions, in relation to each other, of the several 
 settlements occupying the Northern Island, it may 
 be stated that the centre of that island is occupied 
 by a mountain range, the highest point of which is 
 probably about ten thousand (10,000) feet above the 
 level of the sea, and is covered with perpetual 
 snow, having as one of its peaks a volcano of boil- 
 ing water. The snows which cover this range form 
 perpetual springs from which rivers of cold and 
 pure water are thrown off in all directions to the 
 coast ; whilst the volcano in the same range con- 
 stitutes a fountain of perpetual supply to two nearly 
 continuous chains of boiling springs, which run 
 from the mountain range to the north-eastern coast 
 of the island. 
 
 20. The central mountain range throws off also 
 spurs or ridges of very difficult mountainous country 
 in various directions to the coast, the valleys be- 
 tween which ridges, generally mere gorges at the 
 hills, become fertile and extensive plains near the 
 coast, and form the channels of the Thames, the 
 Waikato, the Mokau, the Whanganui, the Rangi- 
 tikei, and other minor streams. These subsidiary 
 mountain ridges or spurs thrown off from the main 
 range are, for the most part, where roads have not 
 been constructed across them, impassable even for 
 horses ; so that no overland communication, except 
 for foot passengers, can be considered as yet exist- 
 ing between the several principal settlements. 
 
 21. In the plains in the Northern Island through
 
 CONSTITUTION ACT. 1 5 
 
 which the above named rivers flow, and at points 
 where the coast line indents these plains with road- 
 steads or harbours, are situated the principal 
 European settlements ; whilst the Maori population 
 inhabit the central mountain range, or are distri- 
 buted in the small villages scattered along the 
 fertile banks of the rivers from their sources to 
 their junction with the sea, or occupy in small com- 
 munities the coast line which intervenes between 
 the several European settlements. Each European 
 settlement has also now attracted to its vicinity, or 
 contains mixed up with its white inhabitants, a 
 considerable Maori population. In these cases both 
 races already form one harmonious community 
 connected together by commercial and agricultural 
 . pursuits ; they profess the same faith ; resort to the 
 same courts of justice; join in the same public 
 sports ; stand mutually and indifferently to each 
 other in the relation of landlord and tenant, and 
 are insensibly forming one people. Each day also, 
 as the European settlements spread along the coast, 
 or towards the interior, a large number of Maories 
 are weaned from barbarism, and are adopted into a 
 civilized community. The danger of any general 
 outbreak on their part, therefore, daily deci eases ; 
 and there seems no reason why populations which 
 so readily assimilate may not be gradually and by 
 prudent measures brought under one form of con- 
 stitutional government, which might equally foster 
 and promote the really common interests of both 
 races, if those of the ruder race be first taught to 
 resort for the settlement of their disputes to courts 
 of judicature expressly adapted to their present 
 state, and be by degrees trained to the exercise of 
 simple municipal duties. 
 
 22. The Middle Island may be said to be traversed 
 by a mountain range, which, commencing at its 
 north-east extremity, where it almost abuts on the 
 coast, runs in nearly an east and west line across 
 the country to the west coast, along which coast it 
 continues uninterruptedly, but increasing in eleva- 
 tion till it reaches the south west corner of the 
 island. To the westward this range falls abruptly 
 into the sea, leaving, generally, but a narrow strip 
 of fertile land between its base and the sea coast ;
 
 I 6 THE NEW ZEALAND 
 
 whilst, although it falls in the same abrupt manner 
 on its eastern side, fertile plains of immense extent 
 intervene on that side between the base of the 
 mountain range and the sea. 
 
 23. Two considerable settlements are already 
 established on these plains on the east coast, and a 
 third very considerable settlement (Nelson) is estab- 
 lished on the plains in the northern part of the 
 island, which intervene between the mountain 
 range and the sea. The mountain range in the 
 Middle Island is also throughout a great portion of 
 its extent covered with perpetual snow, and gives 
 rise to numerous rivers of considerable width, sub- 
 ject to sudden floods, and generally of very rapid 
 course. 
 
 24. In the Middle, as in the Northern Island, no 
 overland communication, except for foot passengers, 
 as yet exists between the different settlements. For 
 in that island, where mountain ranges do not inter- 
 pose an almost insurmountable barrier between the 
 settlements, the wide, rapid, and dangerous rivers 
 offer at present a no less serious difficulty in the 
 way of any continuous intercourse between the 
 various towns. The inconsiderable native population 
 in the Middle Island may be said to be principally 
 located in the vicinity of the several European 
 settlements. 
 
 25. In the two islands there exist six principal 
 towns, five of which are situated on good harbours, 
 and each of these form emporiums for considerable 
 colonies in their neighbourhood. 
 
 20. These five colonies were settled at different 
 times, each upon a totally distinct plan of coloniza- 
 tion, and by persons who proceeded direct to their 
 respective colony, either from Great Britain or from 
 the neighbouring Australian colonies, and who 
 rarely passed through any other New Zealand 
 settlement previously to reaching the colony which 
 they now inhabit; and who, except in a few in- 
 stances, rarely travel from their own colony to any 
 neigfhbouring settlement. 
 
 27. Each of these chief towns carries on an inde- 
 pendent trade with Great Britain and with the 
 neighbouring Australian colonies, and hardly any 
 interchange of commerce takes place between them,
 
 CONSTITUTION ACT. 1 7 
 
 since they at present all produce nearly the same 
 commodities, and require the same kind of supplies, 
 which they naturally seek at the cheapest mart ; 
 whilst the cost of transport from a port in the Aus- 
 tralian colonies, but in a trifling- degree, if at all, 
 exceeds the corresponding charges from a port in 
 New Zealand. There is indeed already a con- 
 siderable and increasing coasting trade in New 
 Zealand, which in some parts is chiefly carried on 
 in vessels owned and manned by Maories ; but it 
 consists rather of a trade between various small 
 native and European settlements, and that one of 
 the principal European towns from which they 
 derive their supplies, and with which they are im- 
 mediately connected, than of any trade between the 
 principal colonies themselves. 
 
 2.S. [ think it must be clear that between colonies 
 so constituted, little of what may be termed com- 
 munity of interest can be said to exist. There is no 
 general capital or mart to which all merchants and 
 persons having extensive business at all times 
 resort. There is no one central town for all the 
 islands in which the courts of law hold their sit- 
 tings. Individuals who inhabit one colony, rarely 
 have property or agents in another. Personal 
 acquaintance or intercourse between the inhabitants 
 of the various settlements can be scarcely said to 
 exist. 
 
 '2*J. Any attempt therefore to form a General 
 Legislature for such a group of colonies, which 
 should at present annually, or even frequently 
 assemble, and which should be so composed as 
 fairly to represent the various interests of all parts 
 of this country, must, I think, fail ; because there 
 are as yet no persons in these islands who have the 
 means or leisure, to enable them to abandon their 
 own affairs each year, for the purpose of resorting 
 to another colony, there to discharge their sena- 
 torial duties. If even a payment was made to such 
 persons to remunerate them for their expenses 
 whilst travelling and absent from home, they still 
 could not afford to neglect their own affairs during 
 to long an interval of time. 
 
 30. I think, therefore, it may be assumed, that a 
 General Legislature which should be required fre-
 
 1 8 THE NEW ZEALAND 
 
 quently to assemble, should form no part of any 
 plan of institutions to be conferred upon such a 
 group of colonies ; although I shall show presently 
 that for some purposes a General Legislature is 
 even now necessary, and will hereafter be still more 
 necessary, if these islands are to form, as is greatly 
 to be desired, one large and prosperous country. 
 
 31. The same causes which appear to me to 
 render it impossible at present to assemble fre- 
 quently a General Legislature, which should at all 
 fairly represent the interests of all the settlements, 
 seem also, in as far as I can judge, to be fatal to the 
 adoption in these islands of the municipal system 
 alone, without some other peculiar institutions 
 being adopted in aid of that system, which would 
 be adapted to the unusual state of circumstances 
 which prevail in this country. 
 
 .32. Because such municipalities can only exist 
 concurrently with a Legislature which frequently 
 meets. For there is nothing connected with the 
 ofdces of mayor or alderman of the corporation of a 
 small colonial town, which would induce the ablest 
 and leading men of the country to strive to obtain 
 such offices. Under a system of extended munici- 
 palities with enlarged powers, such corporations 
 would, however, compose in fact not only the legis- 
 lative body, but also the executive government of 
 large districts of country. It would therefore cer- 
 tainly be a great oversight, and an unwise policy, 
 thus by indirect means to exclude from the higher 
 legislative and executive offices, the fittest and 
 ablest men that the country affords. The frequent 
 sittings of a municipal body would also, in 
 a country where every man is engaged in 
 some active operation, prevent all those who 
 did not live in the town or in its immediate 
 neighbourhood, from becoming members of such 
 municipal bodies ; hence a large portion of the 
 population and of the country would, under such a 
 system, be virtually unrepresented, and their re- 
 quirements unknown. The careless manner in 
 which municipal bodies enact their laws render 
 them also little qualified for the offices of higher 
 legislation for extensive districts of country ; and 
 the frequency and permanency of their sittings
 
 CONSTITUTION ACT. 1 9 
 
 would in a great degree remove them from that 
 watchful control of public opinion, which is always 
 eagerly concentrated on the proceedings of a legis- 
 lative body which has only one annual sitting, 
 -extended over no very great length of time. More- 
 over, corporate bodies, exercising the usual and 
 rather extended municipal powers, are alreadv 
 required for several towns in New Zealand. I think, 
 therefore, that the municipal system should be 
 here carefully preserved, and that it should be so 
 preserved in its integrity for municipal purposes, 
 and that its vitality and very form of being 
 should not be destroyed, by producing it in a 
 shape which, possessing no distinctive character, 
 no clearly ascertained line of duties, would com- 
 mand little or no respect, would have no precedents 
 to guide it, would, I am sure, in practice prove en- 
 tirely unsatisfactory and almost useless, and would 
 thus, after a short existence, during v/hich great 
 discontent would be generated in the country, and 
 its prosperity and progress be much retarded, leave 
 to Great Britain the task of again framing a con- 
 stitution for this country, which task would then be 
 found a far more difficult one than it would be at 
 present. 
 
 3S. Having thus discussed these preliminary 
 questions, I now proceed to report upon the form 
 of Constitution which I think would meet all the 
 difficulties presented by theanomalous circumstances 
 of this country ; and in doing this I shall endeavour 
 to trace them upwards from the municipal institu- 
 tions of the lowest kind which exist here, to the 
 General Legislature ; because I believe that the 
 whole working of the proposed form of future 
 institutions will depend upon a proper balance of 
 different interests being preserved ; indeed, the 
 main feature of the plan now submitted for your 
 Lordship's consideration is, that it is an attempt to 
 adjust the English constitution, and its balance of 
 powers, to the peculiar circumstances of this 
 country. 
 
 Municipal Institutions. 
 
 34. These I propose should be of three kinds,
 
 20 THE NEW ZEALAND 
 
 two of which are already in existence, and appear 
 
 likely to confer great benefit on these islands. 
 
 First — The division of the country into hundreds, 
 represented by their wardens, the mode of elec- 
 tion, powers, and duties of which officers, as 
 also the nature and extent of the funds placed 
 at their disposal, are set forth in the Ordinance 
 named in the margin,* and in the Royal Instruc- 
 tions dated 12th of August, 18a0. This system, 
 of small municipalities has already been for a 
 long time in full and beneficial operation, and 
 the system has received the Royal sanction. It 
 may be said to be one which precedes the system 
 of large municipal boroughs, first occupying vAth 
 simple institutions a country thinly inhabited by 
 Europeans and Maories engaged in agricultural 
 pursuits, and which are of such a nature that they 
 form a fitting introduction to a higher class of 
 municipal institutions. 
 
 Secondly — The division of the thinly inhabited por- 
 tions of the country, at present almost exclusively 
 occupied under lease from the Crown by persons 
 employed in rearing and tending sheep and cattle, 
 into large districts to be called " pastoral dis- 
 tricts," represented by pastoral wardens, the 
 mode of election, powers, and duties of which 
 officers are detailed in the Ordinance noted in the 
 margin. t No municipality of this kind has yet 
 been created, the law which enables me do so 
 having only recently passed, nor has it yet 
 received the Royal sanction. But the declaration 
 of my proposing to create municipalities of this 
 kind has been received with general satisfaction, 
 and great benefits are expected to flow from the 
 adoption of this system. 
 
 Thirdly — The constitution of municipalities, of the 
 nature of thofe existing in Great Britain, but 
 with more extended powers. These would 
 generally embrace several hundreds of the first 
 class, which would, however, still preserve their 
 own privileges as hundreds, and elect their own 
 wardens ; although for a higher and more ex- 
 
 * Ciown Lands Ordinance, Ses>. X, No. I. 
 
 f Crown Lands Aniciuliuenl and Extension Ordinance, Sess. XL* 
 No. 10.
 
 CONSTITUTION ACT. 2 1 
 
 tended class of municipal duties they would be 
 adopted, as wards, into the larger corporation. 
 The necessary powers for creating these bodies 
 are already conferred upon the Governor-in-Chief 
 by the Charter and Fifth chapter of the Instruc- 
 tions of IS^'G. Pull details relating to the con- 
 stitution, duties to be confided to, and powers of 
 these bodies, are set forth in the Auckland 
 Charter, creating such a municipality, and my 
 despatch to the Lieutenant - Governor which 
 accompanied it, which I transmitted to your 
 Lordship in my despatch named in the margin. 
 Several municijDalities of this nature, in addition 
 to the borough of Auckland, will require to be 
 almost immediately constituted. 
 •S."-. From the preceding statement of the nature 
 of the municipal institutions which I consider 
 necessary for New Zealand, your Lordship will, 
 I think, see that I rely greatly upon municipal 
 institutions as a very important element in the 
 constitution of this country ; and it will be found 
 by a reference to my despatches of the numbers 
 and dates mentioned in the margin, that from one 
 third ot the gross proceeds realised from the sale 
 of land in their respective districts being placed 
 under the control of these municipal bodies, I 
 anticipated that a more popular and better adminis- 
 tration of the waste lands of the Crown would 
 result than prevails in any other colony. 
 
 oG. Finally, I would make two remarks upon 
 this subject. 
 
 Firstly. — I believe the system of municipal institu- 
 tions which I have detailed is very popular, and 
 will gradually become more so, and that the 
 inhabitants of New Zealand generally would very 
 unwillingly see them swept away to give place to 
 any other system that has as yet been proposed. 
 Secondly. — That all the necessary powers lor the 
 creation and regulation of such municipalities 
 rest upon legislative enactments and instructions 
 already in existence ; and that, consequently, 
 nothing has either to be done, nor does anything 
 require to be swept away, in order to secure to 
 New Zealand the advantage of such corporate 
 bodies.
 
 2 2 THE NEW ZEALAND 
 
 In any constitution, therefore, which may be given 
 to these islands, all that is necessary is to preserve, 
 exactly in its present form, the fifth chapter of the- 
 Royal Instructions of l'^4G, "on Municipal Cor- 
 porations.'" 
 
 Provincial Coiiiicih. 
 
 o7. Next ascending to the legislative body, which 
 it is proposed should immediately succeed munici- 
 palities, 
 
 oS. I think that power should be given to the 
 Governor-in-Chief to divide the New Zealand 
 islands, when he thought it expedient to do so, 
 into the five provinces named in the margin,* and 
 that power should also be given to the Governor-in- 
 Chief, with the advice and consent of the General 
 Legislature of these islands, to alter the boundaries 
 of such provinces, and to create others if necessary. 
 
 oil. One of the provinces I have named would 
 probably immediately contain three boroughs or 
 municipalities ; and they might all, from their 
 nature, contain either several municipalities or 
 none. If the returns of the native population are 
 at all correct, the proposed province of New Ulster 
 would now contain, 
 
 Europeans. .10,000 ) , ..a aaa i 
 
 Natives 70,000 ) "^^''^^ ^^'^^^ '^^^"• 
 
 that of Wellington, 
 
 Europeans. . 8,000 \ 48,000 souls, exclusive of the- 
 
 Natives 40,000 j" military. 
 
 The other provinces would at present contain com- 
 paratively small populations. But a rapid increase 
 in the European population of the whole of New 
 Zealand is taking place. 
 
 40. To each province that might be created, I 
 propose that a Legislative Council should be given, 
 to be called the Provincial Legislative Council. 
 I propose that for the present those Councils should 
 be constituted in the manner provided in the en- 
 closed Ordinance, and that they should possess all 
 the powers which that law confers upon them, 
 although I think that certain alterations in their 
 constitution and powers should shortly be made in 
 the mode which I will presently explain. 
 
 ■•' Auckland or New Ulster, AVellington, Nel^on, Canterbury, Otago.
 
 CONSTITUTION ACT. 25 
 
 41. I, perhaps, ought here to add that, in con- 
 formity with the terms of the Charter and Royal 
 Instructions, it is only provided in the Provincial 
 Councils Ordinance, now transmitted to your Lord- 
 ship, that those Councils shall not legislate upon 
 the several subjects named in the Charter and In- 
 structions, and in a subsequent despatch addressed 
 to me by your Lordship. If this question was left 
 entirely to my discretion I should, with a view of 
 securing uniformity in the administration of justice 
 throughcut the entire islands, prohibit the Provin- 
 cial Councils, in addition to the other subjects 
 named in the enclosed Ordinance, from making any 
 laws For the establishment of any courts of judica- 
 ture, criminal or civil, or for the alteration of 
 the constitution of, or course of practice in, any 
 such courts. 
 
 And further, in order that the same punishment 
 might attach to indictable offences throughout the 
 whole of New Zealand, instead of enacting, as di- 
 rected by your Lordship, and as has been done in the 
 thirteenth section of the twenty-ninth clause, that it 
 shall not be competent for the Provincial Council to 
 make any law For inflicting the punishment of death 
 or transportation for any crime or offence, I should 
 wish to see it enacted that such Councils should 
 not make any law For altering or affecting the 
 
 criminal law of the colony, so far as relates to any 
 
 felony, treason, or misdemeanour prosecuted by 
 
 indictment or information. 
 
 42. If such a Legislative Council as I suggest is 
 given to each province, and the members of it 
 receive the payment proposed for their attendance, 
 then annual sessions might be held at the capital of 
 the province without inconvenience, and each of 
 these Councils would possess the most ample, in 
 fact all requisite powers of legislation for the regula- 
 tion of all questions that could arise within a 
 province ; and as the whole of the local revenues 
 (except that portion which is required for general 
 purposes, including the civil list,) is placed at the 
 disposal of such Legislative bodies, there can be no 
 doubt that the revenues of the country would be 
 fairly and equitably applied throughout its whole 
 extent.
 
 ^4 THE NEW ZEALAND 
 
 43. Legislative Councils of this nature appear to 
 me to present great advantages in a country cir- 
 cumstanced as New Zealand is. I will name a few 
 of these advantages : 
 
 Firstly. — They secure, in the only manner which T 
 believe to be practicable in New Zealand, real 
 local self-government throughout every part of 
 these islands. 
 Secondly. — If any questions of an exciting kind 
 should arise between the European and native 
 populations, the majority of the provinces, from 
 the small number of natives in them, would have 
 no great personal interest in such questions. 
 Their inhabitants and legislatures could therefore 
 form a dispassionate and unprejudiced opinion 
 on such questions. Hence the general Govern- 
 ment in pursuing such a line of policy towards 
 the natives as justice and humanity might 
 demand, could be certain that it would not be 
 compelled to yield to momentary passions, pre- 
 judice, or self-interest ; because there would be a 
 large number of persons, and several regularly 
 constituted legislative bodies, on whom it could 
 rely for support. On the other hand, if the 
 General Government, weakly yielding to public 
 clamour and prejudice, was about to give effect 
 to the momentary merely local popular will of 
 any province by committing some act of injustice 
 towards the natives, regularly constituted legisla- 
 tive bodies would be in existence to give 
 expression to their opinion, and thus check its 
 action. 
 Thirdly. -The constitution of such legislative bodies, 
 which possessed such extensive powers of local 
 legislation, would, for at least several years to 
 come, render the frequent assembling of the 
 General Legislature entirely unnecessary. 
 Fourthly.— The powers of legislation of such Coun- 
 cils being merely of a local nature, and being 
 restricted in reference to general matters, a great 
 difficulty is avoided; inasmuch as Ordinances 
 passed by them need not be referred home for the 
 Royal assent, but might, as is provided in the 
 enclosed Ordinance, be either allowed or dis- 
 allowed by the Governor-in-Chief. The question
 
 CONSTITUTION ACT. 25 
 
 therefore which relates to the transmission of all 
 colonial laws for the allowance or disallowance 
 of the Crown would be much narrowed; indeed 
 it could only arise in reference to laws passed by 
 the General Legislature; and as that body would 
 so seldom meet, and the subjects reserved for its 
 leofislation are so few, the probability is that it 
 might never be thought of in as far as relates to 
 New Zealand. 
 Fifthly. — Such Provincial Legislative Councils 
 would greatly increase the efficiency of the 
 municipalities, by forming the proper bond of 
 union between the several boroughs of any one 
 province, which would then all be fitted as it 
 were into one body politic, the action of the 
 several parts and of the whole of which would be 
 in entire harmony. 
 
 44. In my despatch, No. I'lo, of 24th October, 
 1850, transmitting the draft of the Provincial 
 Councils Bill, and in the other despatches named 
 in the margin,* I reported so fully upon the reasons 
 which induced me to adopt the rate of franchise for 
 electors named in the enclosed Ordinance, the 
 principles of no express qualifications being re- 
 quired for members of the Council, and of paying 
 the estimated amount of their probable expenses, 
 as also upon the reasons which led me to recommend 
 that these Councils should only be elected for two 
 years, that I do not think it necessary to trouble 
 your lordship with a further explanation on these 
 subjects. I therefore now pass on to the form of 
 'General Legislature which I would recommend for 
 these islands. 
 
 General Legislature. 
 
 4.5. A consideration of the enclosed Ordinance' 
 and of the subjects of general interest on which it 
 prohibits the Provincial Councils from legislating, 
 reserving these for the General Legislature, will, I 
 think, so clearly point out the necessity which 
 exists for the creation of a General Legislature, that 
 I do not think it necessary to advance any argu- 
 ments in favour of the creation of such a body ; but 
 
 * No. 106, 29th Nov., 1S48— No. 4, 2nd Feb.~No. 23, 15th March- 
 No. 27, 22nd March, and No. 161, .30ih Nov., 1849.
 
 2b THE NEW ZEALAND 
 
 assuming it to be admitted that a General Legis- 
 lature should be constituted for New Zealand, I 
 shall proceed to point out how I think that body 
 should be composed. 
 
 4(3. I think it should consist of — 
 A Governor-in-Chief, appointed in the usual 
 
 manner by the Crown ; of — 
 A Legislative Council, elected in the manner 
 recently suggested to me by your Lordship, that 
 is, by the Provincial Councils, such a number of 
 votes being allowed to each member of these 
 Councils as to enable a minority to be at least in 
 some degree represented : and, thirdly, of — 
 A Representative Assembly, to be elected by voters, 
 with exactly the same qualification as is required 
 to be possessed by those who vote for the return 
 of members of the Provincial Councils. 
 I think, as it is proposed that the General Legis- 
 lature should be so rarely assembled, it would be 
 requisite that the members, both of the Legislative 
 Council and of the House of Representatives, 
 should be elected for a period of five years, 
 
 47. I have only within the last few days had an 
 opportunity of perusing for the first time the Report 
 of the Committee of the Board of Trade and Plan- 
 tations on the proposed establishment of a Repre- 
 sentative Legislature for the Cape of Good Hope, 
 which your Lordship so kindly sent out to me ; and 
 I beg to state, that I think the recommendations 
 made in the twenty-sixth and twenty-seventh 
 paragraphs of that Report regarding the powers to 
 be given both to the Governor and Legislative 
 Council to amend bills which may be sent up to 
 them should be conferred upon the Governor-in- 
 Chief and the Legislative Council of New Zealand, 
 it the form of constitution I propose is introduced 
 into this colony. 
 
 48. I have thus traced the general outline of the 
 form of representative institutions which experience 
 and reflection have led me to deem best suited to 
 the circumstances of New Zealand. There yet, 
 however, remains for me the duty of suggesting the 
 form of Executive Government by which these 
 institutions should be worked, and without a 
 distinct exposition of which the proposed plan
 
 CONSTITUTION ACT. 2 7 
 
 could only be very imperfectly understood. In 
 explaining my views on this subject it will be 
 necessary for me to follow an order the reverse of 
 that which I have adopted in explaining the con- 
 stitution I propose for New Zealand ; that is» 
 whilst I traced the institutions themselves up from 
 the lowest order of municipality to the General 
 Legislature, it will be necessary for me, in order to 
 make myself clearly understood, to trace the 
 Executive Government from the Governor-in-Chief 
 downwards. 
 
 General Executive Governvient. 
 
 4!). I propose that the General Executive Govern- 
 ment should consist of a Governor-in-Chief nomi- 
 nated by the Crown, a Civil Secretary, and either 
 two or three principal officers, for the present 
 nominated by the Crown, and holding permanent 
 appointments. I am unable, until the system has 
 been tested, to state the precise number of officers 
 that may be necessary to conduct the business of 
 the central Government, nor do I think it requisite 
 to attempt to state how the personal staff of the 
 Governor-in-Chief should be composed, or what 
 establishment of clerks may be necessary for the 
 principal officers. The number of such persons 
 need at present only be very limited, and I presume 
 that the cost of the central Government would for 
 the present be paid from the civil list. 
 
 •")0. The duties of the Governor-in-Chief would 
 consist in corresponding with, and receiving all 
 necessary instructions for his guidance in the 
 government of these islands from her Majesty,, 
 through one of her Majesty's principal Secretaries 
 of State. He would also correspond through the 
 Civil or Chief Secretarv with the officers adminis- 
 tering the Government of the several Provinces, 
 and within the limits fixed by the laws existing at 
 the time, would prescribe to what extent it should 
 be the duty of such officers to await his instructions 
 before carrying into effect the powers by law vested 
 in them. 
 
 'A. It would be immaterial in what province he 
 might temporarily reside, as under the Provincial 
 Council's Ordinance, his duties would in no w^ay
 
 2 8 THE NEW ZEALAND 
 
 interfere with those of the officer administering the 
 government of the province. 
 
 52. I think also that the Governor-in-Chief should 
 be the sole Commander-in-Chief in the New Zea- 
 land Islands, and should alone have the power of 
 issuing to the officer in command of the forces 
 within these islands and their dependencies orders 
 for the march and distribution of troops, the forma- 
 tion and march of detachments and escorts, and 
 generally for such military service as the safety and 
 welfare of the colony may require. 
 
 53. I think, farther, that the Governor-in-Chief 
 should alone be entrusted with the power of issuing 
 orders regarding the temporary occupation of Crown 
 lands for depasturing purposes ; that he should 
 have the appointment of all officers having the con- 
 trol or administration of the Crown lands, except 
 such officers as might be appointed for these pur- 
 poses by wardens or municipalities in accordance 
 with the powers by law vested in them ; and I 
 think also that the distribution of the Crown land 
 revenue in the manner prescribed by law, either for 
 emigration purposes or for the purpose of public 
 works to be executed under the authority of the Pro- 
 vincial Legislatures, should be made under the 
 direction of the Governor-in-Chief. 
 
 54. In like manner 1 think that the expenditure 
 of the civil list, and of such sums as may be 
 reserved for purposes connected with the welfare of 
 the native population should be made under the 
 direction of the Governor-in-Chief, subject to such 
 instructions as he may receive from time to time 
 from the Secretary of State. He should also be 
 allowed to exercise the power he at present pos- 
 sesses of appointing Resident Magistrates and 
 Native Assessors for the purpose of carrying out 
 English laws in any district which from its large 
 native population might, in his opinion, require 
 the presence of such officers. 
 
 55. The Governor-in-Chief should also in my 
 opinion alone have the power of making to Euro- 
 peans grants for lands which may be claimed in 
 virtue of alleged contracts between themselves and 
 persons of the native race, the nature of the claim 
 to which would differ from one which rested on a
 
 CONSTITUTION ACT. 29 
 
 purchase made from the Crown of part of its de- 
 mesne lands. 1 think, farther, that the Governor- 
 in-Chief should have the power of making, at his 
 discretion, grants of land to persons of the native 
 race, and of assuring to themselves and their heirs 
 the uninterrupted possession of certain properties ; 
 and that he should also alone have the power of 
 making grants of the demesne lands of the Crown 
 for public purposes. 
 
 oO. Lastly, on this head, I think the Governor- 
 in-Chief should, for the present, have all the powers 
 regarding the confirmation or disallowance of Pro- 
 vincial Ordinances which are conferred upon him 
 by the enclosed Ordinance ; and should, in con- 
 junction with the General Assembly of the islands, 
 have the power of making and ordaining all such 
 Laws and Ordinances as may be required for the 
 peace, order, and good government of the New 
 Zealand islands, which laws should be transmitted 
 with the least possible delay for her Majesty's 
 allowance or disallowance. 
 
 .')7. I also propose that the Governor-in-Chief 
 should have the power of dividing the colony into 
 judicial districts for the purposes of the administra- 
 tion of justice, of altering the limits of such dis- 
 tricts, and of prescribing the places at which Cir- 
 cuit Courts should be held ; and farther, that he 
 should exercise all such powers as have been or 
 may be conferred upon him by Ordinances made 
 by the General Legislature of New Zealand. 
 
 .")S. The Governor-in-Chief, conjointly with the 
 General Legislature, would have the power of fixing 
 by law the number and salaries of the officers em- 
 ployed in the collection of those portions of the 
 revenue which were collected under laws enacted 
 by their authority ; and would in like manner fix 
 the number and salaries of the officers who were to 
 be employed in the survey and administration of 
 the Crown Lands. 
 
 50. Under the existing laws of New Zealand, the 
 Governor-in-Chief already possesses the whole of 
 the powers which I have recommended should still 
 be exercised by him. In many points, such as the 
 appropriation of the land revenue, and of the sums 
 reserved for native purposes, the issuing of orders
 
 30 THE NEW ZEALAND 
 
 for regulating the depasturing of sheep and cattle 
 on waste lands of the Crown, the rate of remunera- 
 tion to be given to the officers of the General Go- 
 vernment, kc, &:c., the limits within which he 
 should exercise the powers intrusted to him, would 
 have by degrees to be adjusted by laws enacted by 
 the Governor-in-Chief and General Assembly of 
 these islands. But I do not apprehend that any 
 serious difficulty will be experienced in adjusting 
 these details. 
 
 GO. I think also that in reserving these powers to 
 the Governor-in-Chief, Great Britain would retain 
 the means of promoting in every desirable way the 
 interests and welfare of all her Majesty's subjects 
 in these islands, to whatever race they belong. I 
 do not think that, in justice to the native race who 
 yielded the sovereignty of these islands to her 
 ^Majesty, any of these powers ought for the present 
 to be abandoned by the Crown. Nor do I think 
 that the very great majority of her Majesty's sub- 
 jects inhabiting New Zealand would desire for the 
 present to see Great Britain relinquish these powers. 
 But I think a wise foresight requires that the 
 Crown, in retaining all necessary powers, should 
 retain none that are not essentially necessary. 
 From this proceeding would probably spring a 
 great and lasting contentment amongst her 
 Majesty's subjects in these islands, who, having a 
 very large measure of freedom bestowed upon 
 them, and being deprived of no privilege which 
 was necessary for the free exercise of a system of 
 local self government, would probably for a long 
 series of years, cheerfully see vested in the hands of 
 the Crown the powers which it alone could exercise 
 for the good of all, and the possession of which by 
 the Crown in no way interfered with the freedom or 
 happiness of any class or community of its subjects. 
 Having made these introductory remarks, I shall 
 now proceed to the consideration of the form of 
 Jixecutive Government which should, I think, be 
 given to each of the Provinces into which it is pro- 
 posed New Zealand should be divided. 
 
 Provincial Executive Governments. 
 CI. The terms of the New Zealand charter of 1846
 
 CONSTITUTION ACT. 3 I 
 
 compelled me, in the Provincial Councils Ordi- 
 nance, to apply the term " Lieutenant-Governor " 
 to the officer administering the government of each 
 province. Had a discretion been left to myself, I 
 should have designated such an officer by the term 
 " Superintendent ;" and I would still recommend 
 the adoption of this designation for the officer ad- 
 ministering the government of a province. 
 
 02. I should now remark, that according to the 
 original constitution of New Zealand, the Crown 
 nominated one Governor, and the officers composing 
 one general government for the whole of these 
 islands. I propose still that it should exercise the 
 same powers in the nomination of a Governor-in-. 
 Chief, and that for the present it should continue to 
 nominate the Officers of the General Government. 
 But here, in addition to the observations I have 
 already made upon the evils that may result from 
 the Crown retaining unnecessary powers, I should 
 observe that if the Crownnominates in these islands 
 the Lieutenant-Governor or Superintendent of each 
 Province, and all the officers composing the Execu- 
 tive Government of the respective Provinces, to- 
 gether with their establishments, and makes, as 
 would in that case be necessary, their salaries a 
 charge upon the civil list, it will create, throughout 
 the entire New Zealand islands a multitude of 
 officers who, in the event of their offices being 
 abolished, when a freer system of institutions was 
 introduced, would have a claim for compensation, 
 and thus such serious difficulties would be inter- 
 posed in the way of the introduction of any freer 
 form of institutions into the islands of New Zealand, 
 that 1 almost doubt if it would be possible subse- 
 quently to introduce them without subjecting the 
 country to a crisis which must materially affect its 
 prosperity. 
 
 Go. I would, therefore, earnestly recommend her 
 ^Majesty's government, subject to the restrictions 
 which I will<hereafter mention, to allow the electors 
 of every Province to elect the Superintendent or 
 officer adihinistering the Government of , that 
 Province, to hold office tor the same period of time 
 as the members of the Provincial Councils are 
 elected to serve, and then to leave it to the Super-
 
 o 
 
 2 THE NEW ZEALAND 
 
 intendent and the Provincial Council of each 
 Province to regulate, by laws subject to the 
 approval or disallowance of the Governor-in-Chief, 
 the extent of the Executive Government which is 
 to be constituted for such Province ; the rate of 
 remuneration which is to be paid to the officers 
 composing the Executive Government, and the 
 nature of the tenure upon which themselves and 
 the subordinate officers in their respective estab- 
 lishments are to hold office. In fact, in these 
 respects I should wish to see each Province treated 
 as a large municipality which had the power of 
 electing its own mayor and corporate officers. 
 
 0-i. The restrictions to which I think this rule 
 should be subjected apply only to the period of its 
 introduction into the several Provinces. At Auck- 
 land, Wellington, and Nelson, which would be the 
 capitals of three separate Provinces, Governments 
 have been already constituted. In two of these 
 Provinces a large native population already exists, 
 and no new experiment in them should therefore be 
 rashly hazarded, or immaturely introduced. Great 
 Britain also maintains in them a considerable mili- 
 tary force for the protection ot their inhabitants, 
 and thus should for the present exercise a great 
 influence in them. I would therefore recommend 
 that the rule regarding the election by the inhabi- 
 tants of the officer administering the Government, 
 and of making laws for the nomination of the 
 officers composing their own Executive Govern- 
 ments, should only take effect in the three Provinces 
 I have named, from the period at which the six 
 years of service of the two Lieutenant-Governors 
 and of the Superintendent who have been appointed 
 to administer their Governments respectively shall 
 have terminated. This rule would present the 
 farther advantage of a just dealing with the claims 
 of the Lieutenant-Governors and the Superinten- 
 dent. 
 
 05. I think also that a farther restriction should 
 be imposed in reference to this rule, and that is, 
 that no officer who has received a permanent 
 appointment from the Crown in any of the Provinces 
 in New Zealand should be removed from his office 
 by any Provincial Council until his claim shall have
 
 CONSTITFTION ACT. 33 
 
 been considered, and until, if it is found a valid one, 
 a law shall have been passed by the Provincial 
 Council, and shall have received the assent of the 
 Governor-in-Chief, securing to such officer such 
 compensation for the loss of his situation as the 
 nature of his office, the amount of salary received, 
 and his length of service may be considered as fairly 
 entitling him to. 
 
 GO. With regard to the nature of the powers 
 which should be conferred upon the Superintendent 
 or other officer administering the Government of a 
 Province, it is only necessary for me to state that I 
 propose that he should be invested with all the 
 legislative powers which are conferred upon him by 
 the enclosed Provincial Councils Ordinance, and 
 that, in addition thereto, he should exercise the 
 powers usually intrusted to Colonial Governors of 
 remitting fines, fees, and penalties, (the power of 
 pardoning in criminal offence should still, I think, 
 vest solely in the Governor-in-Chief in order that 
 the whole question of the administration of justice 
 should be left with the central authority,) and of 
 making Crown grants of land to persons who may 
 have legally purchased the same as part of the 
 demesne lands of the Crown. He should also be 
 empowered, with the advice of his Executive Coun- 
 cil, and in conformity with the regulations required 
 by law, to proclaim Crown lands as open for 
 purchase, and to fix the upset price of such 
 lands, not being less than the minimum price fixed 
 by law. 
 
 07. But although I should wish to see these 
 powers conferred upon the officer administering the 
 government of a province, I think that the 
 Governor-in-Chief, as the officer nominated by the 
 Crown, should still possess the right of exercising 
 these powers throughout the whole extent of the 
 islands of New Zealand ; and perhaps, at present 
 some convenience would result from empowering 
 him, by a legal instrument, to delegate these powers 
 to such person as might be duly elected Super- 
 intendent of a province, for the time during which 
 he might be elected to serve, and no longer. 
 
 08. From what I have above stated, it will be 
 seen that I am of opinion that the power of electing
 
 34 THE. NEW ZEALAND 
 
 the officer to administer their government, and of 
 making laws for regulating the appointment of 
 their own executive officers, should be immediately 
 conferred upon the provinces of Canterbury and 
 Otago ; and in fact that they should, in like manner, 
 be conferred upon the provinces of Wellington and 
 Nelson almost as soon as Her Majesty's assent 
 could be received to the enclosed Ordinance, and 
 upon the Province of New Ulster at a rather later 
 period ; and, as, after this rule was introduced into 
 any province, no advantage could result to the 
 Crown from an officer elected by the people nomi- 
 nating one-third of the members of the Council, 
 (although for the purposes of the introduction of 
 this measure into those provinces having a large 
 native population, I believe this provision to be a 
 most necessary one,) I would farther propose that 
 the Governor-in-Chief and the existing General 
 Legislative Council should be authorised to pass, 
 before the new constitution was proclaimed, if they 
 thought proper to do so, a law enacting that the 
 Provincial Council should consist wholly of elected 
 members from and after the time at which the in- 
 habitants of any province should be authorised by 
 the law to elect their own Superintendent. 
 
 09. I have but one observation to make upon 
 this subject. In my previous despatches I have 
 generally supposed that the Provincial Councils 
 would eventually merge into a kind of municipal 
 councils. But the rapid growth of these settlements 
 in wealth and prosperity, and the turn events are 
 taking, now lead me to think that they will always 
 remain distinct and separate provinces, and that 
 provision should be made for enabling their present 
 form of government, consisting of one chamber, to 
 be changed by the General Legislature into a form 
 of government composed of a Legislative Council 
 and House of Representatives, whenever the 
 number of inhabitants in any province, and its 
 wants, might render such a change in its form of 
 government practicable and desirable. 
 
 Civil List. 
 
 70. The civil list at present appropriated for the 
 services of New Zealand is twelve thousand pounds
 
 CONSTITUTION ACT. 35 
 
 (£12,000) ; six thousand (£6,000) from the northern 
 province, and six thousand from what would be the 
 four southern provinces ; and as the revenues of 
 each of these two great divisions of New Zealand 
 are at present nearly equal, or about thirty thou- 
 sand pounds (£30,000) each, such a division is, I 
 think, at present fair, and the total amount is 
 amply sufficient to defray the salaries of the officers 
 composing the General Government, and of the 
 judges of the Supreme Court, to which purposes 
 alone I think it should be devoted. Indeed I think 
 at present that the sum of ten thousand pounds 
 (£10,000i as stated in the margin,* might suffice 
 for these purposes : and if, in a few years, it should 
 be found insufficient for them, then from the great 
 liberality which has always been evinced by the 
 General Legislature of these islands in providing 
 funds for carrying on the Government, I feel quite 
 satisfied that they would readily make good any 
 deficiency. It will be observed that in proposing 
 to throw this charge upon the civil list, it is assumed 
 that the Parliamentary grant will be altogether 
 relieved from the charges it at present defrays on 
 account of the Governor-in-Chief and the General 
 Government establishment. 
 
 Funds lo be reserved for Native purposes. 
 
 7J. But I should point out to your Lordship that 
 under the form ot governmsnt I now propose, the 
 country is to be divided into electoral districts, 
 which will only include those portions of it which 
 are occupied by a large European population ; the 
 great mass of the native population, who contribute 
 largely and increasingly to the revenue, which is 
 at present almost entirely raised from duties of 
 customs, would be thus wholly unrepresented. I 
 beg, therefore, most earnestly to recommend that 
 from the revenues of the northern province there 
 should be reserved a further yearly sum of four 
 thousand pounds i'£4',000j ; from the revenues of the 
 Wellington piovince a sum of two thousand 
 
 ■ Governoi-in Chief and Establishment of General Govein- 
 
 ment £7,000 
 
 Judges 3,000 
 
 £10,000
 
 36 THE NEW ZEALAND 
 
 pounds (£2000) ; and from the revenues of the three 
 southern provinces a sum of one thousand 
 pounds (£1,000), making in the whole an annual 
 amount of seven thousand pounds (^7,000), which 
 the Governor-in-Chief should be authorized to 
 apply, together with any surplus that may accrue 
 from the civil list, to any of the following 
 purposes : — 
 
 The construction and maintenance of hospitals, to 
 which Maories are admitted on equal terms with 
 other subjects of Her Majesty : 
 
 The establishment and maintenance of schools, to 
 which Maori children are admitted on the same 
 terms as other scholars : 
 
 For the payment of Resident Magistrates, and of 
 Native Magistrates, and for the maintenance of 
 a Native Police : 
 
 For making presents to native chiefs in acknow- 
 ledgment of services rendered by them : 
 
 And, generally, to such other purposes as may tend 
 to promote the prosperity and happiness of the 
 native race, and their advancement in Christianity 
 and civilization. 
 
 72. I perhaps ought to explain that the resident 
 magistrates I allude to are judicial officers, ap- 
 pointed under a local law, termed the " Resident 
 Magistrates Ordinance," and who are entrusted 
 with considerable and peculiar powers for the 
 adjustment of criminal and civil cases in which 
 Europeans, or Europeans and Maories, or Maories 
 alone, are concerned. The law to which I am 
 adverting was devised and framed with great care 
 to meet the peculiar circumstances of a European 
 race mingling with a population just emerging 
 from barbarism. It is highly esteemed by the 
 natives, who now resort freely to the courts of the 
 Resident Magistrates ; and it any circumstance 
 should occur which closed these courts, I fear that 
 great discontent and renewed disturbances would 
 take place amongst the native population. 
 
 7'S. I have recommended that for the present the 
 Governor-in-Chief should be authorized to apply, at 
 his discretion, the sums reserved for native purposes; 
 but J think that a provision should be made that he
 
 CONSTITUTION ACT. 37 
 
 should only exercise this power for a limited time, 
 and that after that date such sums should be 
 appropriated under the authority of Ordinances to 
 be passed by the Governor-in-Chief and General 
 Assembly, who I think would freely and cheerfully 
 contribute such amounts as were required for the 
 wants of the native population ; whilst, as I have 
 continued — as I have reported in several dispatches 
 — to make considerable endowments for Hospitals 
 and Native Schools, the incomes yielded from 
 which are rapidly increasing, the necessity of pro- 
 viding for the support of such establishments from 
 the general revenue will constantly diminish. 
 
 74. In further explanation of the necessity which 
 exists for providing ample funds for native pur- 
 poses, I beg to refer your Lordship to paragraphs 
 from No. 11 to '32 inclusive, of my despatch No. 
 !):j, of the !)th July, 1n40, which is published at 
 page lUO of the Parliamentary Papers relative 
 to the Affairs of New Zealand, which were pre- 
 sented to Parliament in 1850 ; and I would farther 
 request, that that portion of the despatch I 
 allude to might, together with this despatch, 
 be laid before any persons required to report 
 on the plan now transmitted for your Lordships 
 approval. Because I believe that the present 
 peace and prosperity of the colony, and the con- 
 tinued rapid advancement of the natives in civi- 
 lisation, are in a great degree to be attributed to a 
 rigid and consistent adherence to the line of policy 
 laid down in that despatch. It will also be found, 
 that the powers I propose should be reserved to the 
 Governor-in-Chief are such, as, if he has the 
 requisite funds for native purposes placed at his 
 disposal, will still enable him virtually to govern 
 that portion of the native population who live 
 beyond the limits of European settlements ; whilst 
 all requisite local Ordinances have Deen passed by 
 the General Legislature for the purpose of investing 
 him with the requisite legal powers for carrying 
 out the contemplated system. In naming the sum 
 that 'will be required for native purposes, I have 
 supposed that, as under Lord John Russell's 
 original instructions, the Governor-in-Chief would 
 still, if a necessity for his so doing should arise, be
 
 38 THE NEW ZEALAND 
 
 authorised to apply 15 per cent, of the laiid 
 fund to such purposes ; and that the General 
 Government alone would have the power of 
 treating with the natives for the purchase of 
 their lands. I do not consider it necessary to 
 repeat here any arguments in support of what 
 appears an evident truth, — that the question of the 
 control and management of the large native 
 population living beyond the limits of European 
 settlement, who by being either left immersed in 
 barbarism, or being roused to war, might entail 
 great expense and loss of life and property, both 
 upon Great Britain and every part of these islands 
 — is a general question which possesses at present 
 an interest for the whole Empire, and for the whole 
 colony, rather than for any particular province. 
 
 75. Having now fully reported upon the form of 
 constitution which I think should be given to these 
 islands, and upon the nature of the Executive 
 Governments which would best conduce to the 
 effective working of such institutions, I have, in 
 reference to these parts of the subject, only to 
 report, that in order to admit of the immediate 
 introduction of the institutions I have recommended, 
 or of any other form of government which Her 
 Majesty's Government may be pleased to adopt, I 
 shall only make any appointments under the 
 Provincial Councils Ordinance, which I may find it 
 necessary to make before I can receive your Lord- 
 ship's reply to this despatch, subject to the condition 
 that they are mere temporary appointments, the 
 tenure of which is likely almost immediately to 
 terminate. 
 
 7G. I have further to report that, in as far as 
 depends upon me, all general laws necessary for 
 the immediate introduction of such institutions 
 have been already enacted by the General Legisla- 
 ture ; that the revenues of the country are in a most 
 satisfactory state ; and that such economy has been 
 exercised that each Provincial Legislature would 
 enter upon its functions, not only free from debt, 
 but with some surplus revenue at its disposal. The 
 enclosed circular despatch,* which I have had 
 
 * Circular from the Colonial Secretary of New Munster, dated 4th 
 
 September, 1851.
 
 CONSTITUTION ACT. 39 
 
 addressed to the principal officers of the Govern- 
 ment at the respective settlements, will show that I 
 have made the necessary financial arrangements to 
 bring the proposed system of representative institu- 
 tions into immediate operation. The whole of these 
 islands are now in a state of complete tranquillity ; 
 every settlement is in a prosperous condition ; 
 the native race are loyal, contented, and daily 
 increasing in wealth, and the Local Government 
 now possesses very considerable influence over 
 them. I also believe the proposed form of institu- 
 tions could gradually be introduced in such a 
 manner that not the 'slightest shock or change in 
 the condition of the colony would be experienced. 
 Probably, therefore, no more suitable moment could 
 be chosen for giving a fitting constitution to this 
 country ; and I think that if the Queen is advised 
 to avail herself of this opportunity. Her Majesty 
 will have the happiness of conferring upon her 
 subjects in this country a boon which will be re- 
 garded by them with lasting gratitude. 
 
 77. In submitting the foregoing plan for your 
 Lordship's consideration, I should state that I have 
 no doubt, if it should be tried by the test of ex- 
 perience, it will from time to time be found capable 
 of receiving considerable improvements ; but I 
 think it presents the advantage of being admirably 
 adapted to the present state of New Zealand, and 
 of at the same time containing those elements which 
 will enable it, without any sudden or startling 
 change being made, to be immediately brought 
 into operation, and then afterwards to be adapted 
 to the changing circumstances of a young and 
 rapidly increasing country. 
 
 78, Should Her Majesty's Government determine 
 to introduce the proposed form of institutions into 
 New Zealand, then I beg respectfully to state, that 
 I think the best mode of eftecting this would be, 
 after obtaining such farther sanction as might be 
 required from Parliament, to adopt the same course 
 as was pursued in 1840, of conferring the proposed 
 constitution on New Zealand in the form of a 
 Charter, and Royal Instructions, divided into 
 chapters, as the clear division of subjects into 
 chapters, and the plain and simple language, un=
 
 40 THE NEW ZEALAND CONSTITUTION ACT. 
 
 embarrassed by technicalities, which could be so 
 conveniently and appropriately used in Royal 
 Instructions drawn on the model of those of 184G, 
 would bring the whole subject entirely within the 
 comprehension of the numerous individuals upon 
 whom the beneficial working of such a constitution 
 would depend. 
 
 I have, &:c., 
 (Signedj G. Grey. 
 
 The Right Hon. Earl Grey, 
 
 PKXNTiiiJ i;v II. i;i;i:tt, star office, Auckland, n.z.
 
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