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Southland Times, Volume I, Issue 61, 20 October 1864, Page 2

A great deal lias been said lately about the Constitution Act, and especially that portion of it which relates to the delegated powers of the Superintendent, but the public are not generally well-informed on the subject. "We purpose, therefore, to notice some of its leading provisions. The Constitution Act, which gave to New Zealand representative institutions, created two kinds of legislature, viz., — a G-eneral Assembly, consisting of a nominee House (supposed to be somewhat analagous to the " Lords,") and the House of [Representatives ; and local legislatures called Provincial Councils. The General Assembly is of course su- ! preme in the Colony, but the Provincial Councils have considerable legislative ■ powers, and may make and ordain all such Laws and Ordinances (except as mentioned in the Constitution Act) as may be required for the "peace, order, and good government " of the Provinces, provided j the same be not repugnant to the laws of { England. The excepted subjects with which the Provincial Councils cannot interfere are the imposition of Customs duties, &c, the establishment of courts, the regulating any of the current coin, " or the issue of any bills, notes, or other paper currency,'' 1 the criminal law, marriages, and the standard of weights, measures, &c. The Act gives the Assembly power to create new Provinces. It will be noticed that the duties of Superintendent are not defined, further than that he has power, together with the Council, to make laws for (amongst other things) " the good government of the Province " ; but the despatch of Sir John Pakington, the then Secretary for the Colonies, to Sir George (trey, which accompanied the Act to New Zealand, settles that uncertainty. We -quote the part that refers to . our subject. ''Nor "laave provisions been inserted giving " executive authority of any kind to the' "Superintendents. This is a point on. " jsvhich Her Majesty's G-overnment did " not feel that .they had sufficient infor|f ination to adopt any .definite' course, '"'while the general prerogative of the " Crown, and the power of the general and ." local legislatures^ ; seemed amply sufficient ° to provide whatever miguVfce (Ultimately,

:" deemed; advisable.-': HSKortly after tlie iProYirice of Southland Established, #-ttie Superintendent, with-the. advice and •" consentof the Pr6yincial;Cpuncil,'' following the course adopted, in ;every- other Province in New Zealand, \settled the powers and duties of the Superintendent by passing the first Provincial" Government Ordinance of Southland. In it occurs the following clause :-— (2.) " The "administration of the Provincial Execu- " tive Grovernment. is hereby vested in " the Superintendent, tolio shall act with "the advice and consent of an Executive " Council." Dr. Mestzies signed this ; Ordinance. ■ ' o ■/■ ■-••-■ Having premised so far, let us see what Dr. Mestzies says. He says the powers of the Superintendent are of two kinds,; firstly, those -received from, the. Council, (or more strictly speaking, affecting matters on which the : Council may legislate) and secondly, powers delegated to him by the Grovernor, under various Acts of Assembly. It is respecting the latter especially that we write. The G-eneral Assembly, whose legislative powers are the same in New Zealand as the Parliament's in G-reat Britain, considering that while they require to keep the power of legislating on various matters — e.g. , diseased cattle— it might be advisable and necessary to give the Provinces the. power, of carrying out their; enactments, have in many instances allowed the Grovernor to delegate his p o wers to the Superintendents. The principal delegated powers are, firstly, , under the "Provincial Elections Act," where we have the appointment of returning officers, naming of polling places, etc. Secondly, ' under the G-old-fields Act, . where all the powers, ir eluding the power to suspend runholders' licenses, the power to make regulations on which miners- rights may be granted, the establishment of Mining Boards, &c.---all except the power to constitute Wardens' Courts, and the granting of leases of auriferous lands— are delegated. Thirdly, under the Diseased Cattle Act, where the Grovernor in Council " may, by warrant under his hand, " from time to time delegate to the " Superintendent of any Province in the " said Colony all, or any, of the powers " vested in the G-overnor in Council by " this Act, subject to such regulations as "he may think fit." This includes the following very important powers: — appointment of inspectors ; appointment of quarantine grounds ; and declaring what ports shall or shall not be prohibited. The consideration of these Acts leads us to a few simple conclusions. The exercise of the delegated powers just as intimately affects the welfare of the Province as any other of the Superintendent's powers. Indeed, if they did not, the Assembly \i-ould not have thought it necessary to authorise the Grovernor to delegate them. The enacting authority does not in any case say the Superintendent, or person to whom you delegate, must not ask advice from any one as to how he is to exercise them. It is not likely they would, when in some instances they make it impera- j tive for the Grovernor himself to do certain j acts "in Council." It only enacts that j the Grovernor, in delegating the powers, may impose his conditions. "We should like then to know whether Sir G-eorge G-rey has instructed our Superintendent to act toithout any advice. It is absurd to suppose that he has ; and yet Dr. Mexzies' " messages " to the Council in February 1864 would seem to imj)ly that such was the case. The view we take of the delegated powers is this ; the Council cannot legislate on them ; but so long as the Assembly which enacts, or the Grovernor who delegates, does not forbid the Superintendent to ask advice in their exercise, there is nothing to hinder him asking it. Of course, he is not legally bound to take it. No one contends that lie is; but we think that any constitutional Superintendent should be only too glad to place the delegated powers at the disposal of his Executive, for the benefit of the Province, of which they are the representatives — they, of course, taking all responsibility. This is done by Mr. Harris in Otago, and in fact, by every other Superintendent in New Zea- ! land. If Dr. Mejtzies has instructions to act in a contrary manner, it is due to the Province that he should make them known. If he has no such instructions, then he should declare his reasons for acting in direct opposition to the wishes of those vitally interested.