New Zealand Parliament.

Marlborough Express, Volume III, Issue 140, 17 October 1868, Page 5

New Zealand Parliament.

LEGISLATIVE COUNCIL

FRIDAY, SEPT. 25th, 1868. Awatere Shearing Reserve Bill. The Hon. Mr. Seymour did not think, in moving the second reading of this Bill, that he need make any further explanation than he had made on the previous day. He would be glad to answer any questions with reference to it in Committee. The Bill had been drawn up by the Attorney-General, and was one of the shortest. He begged to move that the Bill be now read a second time. The Bill was read a second time, considered in Committee, reported, and leave obtained to sit again on Tuesday next. Wednesday, Sept. 30th, 1868. The Hon. Mr. Seymour moved that this Bill be now read a third time. The Hon. Dr. Pollen could not allow the third reading to pass without expressing his strong objection to the nature of the proceedure, and he hoped that it would not on any future occasion be taken as a precedent for such legislation by the Council. He thought that interference with the powers of the Provincial Legislature ought not to be attempted by the General Assembly of New Zealand without great care, and, perhaps, a longer consideration than had been bestowed upon the circumstances calling for the Bill. The Council appeared to accept it as a necessity merely on the representations of the honorable member who had introduced the Bill, which he had no doubt of personally. He had not himself thought it necessary to make any observations upon the Bill itself, and what he did now was merely to record his opinion that the powers of the Provincial Legislatures, especially their powers over lands, should not be interfered with by the General Assembly, The Hon. Mr. Johnston wished to express his entire concurrence with the remarks that had fallen from the honorable member representing the Government. It appeared to him that the passing of the Bill was one of those interferences with the Provincial Legislatures—especially in the management “of their lands—that was particularly objectionable. He had not been in the Council when the second reading took place, but he thought no arguments that could have been urged should have been sufficient to cause the Council to agree to it. He would join his honorable friend who had just spoken in opposing the third reading of the Bill. The Hon. Mr. Mantell was surprised to hear a hope expressed by honorable gentlemen of much Parliamentary experience that the passing of that Bill would not be made a precedent. They must know that it would be taken as a precedent whether they objected or not. The Hon. Colonel dissented altogether from what had fallen from the honorable member representing the Government and the Hori.“ Mr. Johnston. He objected to the principle sought to be laid down by them, as he considered, though it was unadvisable as a general rule to interfere with local yetit was very proper that in cases like the present the General Assembly shoiild interfere with such action of the Provincial Governments. He concluded that his honorable friend Mr. from what he had said, .was unaware of the circumstances calling for the passing of the Bill. It had come before the Council first in the form of a petition, had then been Carefully considered by* a : Coramittee, and afterwards came before them in this Bill. It appeared to him to bo most important that they shoiild not hold back, when a case, of the kind came before them, from taking the action which was proper for them to take

The Hon. Mr. XiEjs thought that his honorable friend Mr. Johnston was a member of the Committee on Public Petitions, but at all events it was quite'clear that he had not been present when., the report of the Committee had been brought up. The Hon. Mr. Seymour had moved the adoption of the report, and upon‘ that, thought fit to bring in this'Bill. He might say, for the information? of . Ilia honorable friend Mr. Johnston, that the Committee considered that a great injustice’had been done to the petitioners.. They went very carefully into the ,f matter, ; and recommended that some etepi sHould be takca by the GovernmenLto injustice under which the persons concerned laboured. What step the Governfrieiit’dhght to take,, was not for the ; bathe Wnst- r

express his surprise that, instead of the Government doing anything to remedy the injustice, the honorable member represent* ing the Government had thought fit to take the action he had taken. Though as a general rule he admitted it would be dangerous to interfere with the Provincial Governments in dealing with their lands, there were cases when it might be the duty of the Legislature to do so. He thought, in the present case, there was a full justification for such action being taken. The Hon. Mr. Seymour said he certainly hud been very much surprised at the position taken up by the honorable member representing the Government in regard to the Bill, the more especially as he asked that it should not be turned into a precedent to take action calculated to override that of the Provincial Councils, aud assumed that very hasty action had been taken in the present case. He thought, when the honorable said that, he ignored the fact that the Public Petitions Committee had been sitting upon the question for a long time, and that, by means of the telegraph and otherwise, many persons had been examined both here and in the Province referred to. The evidence of the defendants in the case had proved the allegations of the petitioners. The result of the Committee’s deliberations was that a strong case had been made out, and he thought they were establishing a very good precedent by interfering with the action of the Provincial authorities. He was astonished to hear any one maintaining that it was not the duty of the Council to interfere where a clear case was shown of g?eat hardship entailed on certain persons through the action of local authorities. He might be considered as speaking strongly, and perhaps a little warmly, upon the question, but he could not help doing so, as he thought the honorable member failed to do simple justice to the labours of the Public Petitions Committee, which took all possible pains to get all the merits of the case. It was found that some steps would have to be taken to restore to the petitioners those rights of which they had been unjustly deprived. The Committee reported that the petitioners were entitled to some consideration, and consequently he had teen emboldened to bring forward the measure. f f The Bill was read a third time and passed.