LETTERS PATENT, INSTRUCTIONS, AND COMMISSION OF HIS EXCELLENCY SIR HERCULES ROBINSON, G.C.M.G.

Appendix to the Journals of the House of Representatives, 1879 Session II, A-01

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Sess. 11.—1879. NEW ZEALAND.

LETTERS PATENT, INSTRUCTIONS, AND COMMISSION OF HIS EXCELLENCY SIR HERCULES ROBINSON, G.C.M.G.

Presented to both Houses of the General Assembly by Command of His Excellency.

COPY OF LETTERS PATENT PASSED UNDER THE GREAT SEAL OF THE UNITED KINGDOM, CONSTITUTING THE OFFICE OF GOVERNOR AND COMMANDER-IN-CHIEF OF THE COLONY OF NEW ZEALAND AND ITS DEPENDENCIES (Letters Patent, dated 21st February, 1879.) Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India : To all to whom these Presents shall come, Greeting. 1. Whereas We did, by certain Letters Patent, under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the sixth day of November, one thousand ° J eight hundred and seventy-four, in the thirty-eighth year of Our Reign, constitute and appoint Our Right Trusty and Entirely-beloved Cousin and Councillor George Augustus Constantine, Marquis of Normanby, Knight Commander of Our Most Distinguished Order of Saint Michael and Saint George (now Knight Grand Cross of Our said Most Distinguished Order), to be, for and during Our Will and Pleasure, Our Governor and Commander-in-Chief in and over Our Colony of New Zealand and its Dependencies : And whereas We are desirous of making permanent provision for the Office of Governor and Commander-rn-Chief in and over Our said Colony of New Zealand and its Dependencies without making new Letters Patent on each demise of the said Office : Now know ye that We do, by these presents, revoke and determine the said recited Letters Patent, and everything therein contained: And further know ye that We, of Our special grace, certain knowledge, and mere motion, do by these presents constitute, order, and declare that there shall be a Governor and Commander-in-Chief in and over Our Colony of New Zealand and its Dependencies (which said Colony of New Zealand and its Dependencies are hereinafter called " the Colony"), and that appointments to the said Office, when vacant, shall be made by Commission under Our Sign-Manual and Signet. 2. We do hereby authorize, empower, and command Our said Governor and Commander-in-Chief (hereinafter called "the Governor") to do and execute all things that belong to his said Office, according to the tenor of these Our Letters Patent and of such Commission as may be issued to him under Our Sign-Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign-Manual and Signet, or by Our Order in Our Privy Council, or by Us, through one of Our Principal Secretaries of State, and to such Laws as are now or shall hereafter be in force in the Colony. 3. We do also by these Our Letters Patent declare Our will and pleasure as follows: — 4. Every person appointed to fill the Office of Governor shall, with all due solemnity, before entering on any of the duties of his Office, cause the Commission appointing him to be Governor to be read and published at the seat of Government, in the presence of the Chief Justice, or some other Judge of the Supreme Court of the Colony, and of the Members of the Executive Council thereof, which being done, he shall then and there take before them the Oath of Allegiance, in the form provided by an Act passed in the Session holden in the Thirty-first and Thirty-second years of Our I—A. 1.

Preamble. Eeeites Governor the Marquis of Normanby's, dXdßthNoveniher, 1874. Revocation of G.v^ rnor 8 Com" Office of tuted Governor's P0^ 1"8 »n" Publication of veraor'9 ComOaths to be taken b 7 Governor.

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Imperial Act, 31 ' Public Seal. Executive Councrl: constrtutron Grant of lands. Appointment of Judges, Justices, Grant of pardons. Remission ot Political offenders Proviso. BanishColony prohibited. Suspension or removal from Summoning, proroguing, or dissolving any Legislative body. Appointment ot members. Succession to the Government. LieutenantGovernor. Administrator. Proviso. Lieu-tenant-Governor, of office before 1S administering the CrO T G Til D] Clll Duties and authorities under Letters Patent. Governor may appoint a deputy rary absence from ment oTern"

Reign, intituled an Act to amend the Law relating to Promissory Oaths ; and likewise tho usual Oath for the due execution of the Office of Governor, and for the due and impartial administration of justice ; which Oaths the said Chief Justice or Judge is hereby required to administer. 5. The Governor shall keep and use the Public Seal of the Colony for sealing all things whatsoever that shall pass the said Public Seal. 6. There shall be an Executive Council for the Colony, and the said Council shall consist of such p ersong as are now or ma y a t an y t\ me b e Members thereof in accordance with any Law enacted by the Legislature of the Colony, and of such other persons as the Governor shall, from time to time, in Our name and on Our behalf, but subject to any Law as aforesaid, appoint under the Public Seal of the Colony to be Members of Our said Executive Council. 7. The Governor, in Our name and on Our behalf, may make and execute, under the said Public Seal, grants and dispositions of any lands which may be lawfully granted and disposed of by Us within the Colony. 8. The Governor may constitute and appoint, in Our name and on Our behalf, all such Judges, Commissioners, Justices of the Peace, and other necessary Officers and Ministers of the Colony as may be lawfully constituted or appointed by Us. 9. When any crime has been committed within the Colony, or for which the offender may be tried therein, the Governor may, as he shall see occasion, in Our name and on Our behalf, grant a pardon to any accomplice in such crime who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders if more than one ; and further, may grant to any offender convicted in any Court, or before any Judge, or other Magistrate, within the Colony, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence for such period as the Governor thinks fit; and further may remit any fines, penalties, or forfeitures due or accrued to Us : Provided always that c Governor shall in no case, except where the offence has been of a political nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall absent himself or be removed from the Colony. 10- Governor may, so far as We Ourselves lawfully may, upon sufficient cause to him appearing, remove from his office, or suspend from the exercise of the same, any person exercising any office or place within the Colony, under or by virtue of any Commission or Warrant granted, or which may be granted, by Us, in Our name, or under Our authority. H. The Governor may exercise all powers lawfully belonging to Us in respect of the summoning . .... — ~ ~ -_, , ~ . . , . proroguing, or dissolving any Legislative Eody, which now is or hereafter may be established within Q ur m [fi Colony, and in respect of the appointment of Members thereto. n "*e event 0I tne death, incapacity, or removal of the Governor, or of his departure from the Colony, Our Lieutenant Governor, or, if there be no such Officer in the Colony, then such person . ■ ' or persons as We may appoint, under Our Sign-Manual and Srgnet, shall, during Our pleasure, a dminister the Government of the Colony, first taking the Oaths hereinbefore directed to be taken by . . J the Governor, and in the manner herein prescribed ; which being done, We do hereby authorize, emP ower J an(^ command Our Lieutenant Governor, and every 7 other such Administrator as aforesaid, to do and excute during Our pleasure all things that belong to the Office of Governor and Commander-in-Chief, according to the tenor of these Our Letters Patent, and according to Our Instructions as a f oresa id, and the Laws of the Colony. 13. In the event of the Governor having occasion to be temporarily absent for a short period £ rom g ea £ 0 f Government or from the Colony, he may in every such case, by an Instrument under the Public Seal of the Colony, constitute and appoint Our Lieutenant Governor, or if there be no such Officer, then any other person to be his Deputy during such temporary absence, and in that capacity to exercise, perform, and execute for and on behalf of the Governor during such absence, but no longer all such powers and authorities vested in the Governor, by these Our Letters Patent, as shall in and by such Instrument be specified and limited, but no others : Provided, nevertheless, that, by the appointment of a Deputy as aforesaid, the power and authority of the Governor shall not be abridged, altered or in any way affected, otherwise than We may at any time hereafter think prooer to direct.

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14. And We do hereby require and command all Our Officers and Ministers, Civil and Military, and all other the inhabitants of the Colony, to be obedient, aiding, and assisting unto the Governor, or to such person or persons as may from time to time, under the provisions of these Our Letters Patent, administer the Government of the Colony. 15. And We do hereby reserve to Ourselves, Our Heirs and Successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent as to Us or Them shall seem meet. IG. And We do direct and enjoin that these Our Letters Patent shall be read and proclaimed at such place or places within Our said Colony as the Governor shall think fit. In Witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster, the Twenty-first day of February, in the Forty-second year of Our Reign. By Warrant under the Queen's Sign-Manual. C. ROMILLY. • ■•»

Officers and °^ ers t° t °^ !y Governor, Power reserved to re y o k o 0 ° amend the present Letters Patent. Publication of Letters Patent.

COPY OF INSTRUCTIONS PASSED UNDER [THE ROYAL SIGN-MANUAL AND SIGNET TO THE GOVERNOR AND COMMANDER-IN-CHIEF OE THE COLONY OF NEW ZEALAND AND ITS DEPENDENCIES. (Dated 2,lst February, 1879.) Victoria R. Instructions to Our Governor and Commarrder-in-Chief in and over Our Colony of New Zealand and its Dependencies, or, in his absence, to Our Lieutenant Governor or the Officer, for the time being, Administering the Government of Our said Colony and its Dependencies. Given at Our Court at Windsor, this Twenty-first day of February, 1879, in the Forty-second year of Our Reign. 1. Whereas by certain Letters Patent, bearing even date herewith, We have constituted, ordered, and declared that there shall be a Governor and Commander-in-Chief (therein and hereinafter called "tbe Governor") in and over Our Colony of New Zealand and its Dependencies (which said Colony and its Dependencies are therein and hereinafter called " the Colony ") : And whereas AYe have thereby authorized and commanded the Governor to do and execute all things that belong to his said office according to the tenor of Our said Letters Patent and of such Commission as may be issued to him under Our Sign-Manual and Signet, and according to such Instructions as may from time to time be given to him urrder Our Sign-Manual and Signet, or by Our Order in Our Privy Council, or by Us through oire of Our Principal Secretaries of State, and to such Laws as are now or shall hereafter be in force in the Colony : Now, therefore, We do, by these Our Instructions under Our Sign-Manual and Signet, direct and enjoin and declare Our will and pleasure as follows: — The Governor may, whenever he thinks fit, require any person in the public service to take the Oath of Allegiance, together with such other Oath or Oaths as may from time to time be prescribed by any Law in force in the Colony. The Governor is to administer such Oaths or cause them to be administered by some Public Officer of the Colony. 2. Tho Governor shall forthwith communicate these Our Instructions to Our Executive Council for the Colony, and likewise all such others, from time to time, as he shall find convenient for Our service to impart to them. 3. The said Executive Council shall not proceed to the despatch of business unless duly summoned by authority of the Governor, nor unless two members at the least (exclusive of himself or of the member presiding) be present and assisting throughout the whole of the meetings at which any such . J business shall be despatched. 4. The Governor shall attend and preside at the meeting of the Executive Council, unless prevented by some necessary or reasonable cause, and in his absence such member as maybe appointed by him in that behalf, or in the absence of such member the senior member of the Executive Council actually preseirt shall preside; the seniority of the members of the said Council being regulated y according to the order of their respective appointments as members thereof. D r "

Preamble. Patent' oon_titftting the Office Oaths to be administered by Governor to comtions to Executive Council. Executive Coun- £_ business unless summoned by the Governor s authority. Quorum. Governor to preappoint Tpresident- Senior , the absence ot tbc Governor and President. Seniority of members.

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Journals and minutes to be Governor to conCouncil "ITC Proviso. Urgent ___h__d_i May act in oppofive Council 601' Reporting the dome. Rules to be assenting to, disreserv^Bilis. 1 Different subjects not to bo mixed in the same law. No clause to he foreign to what the title imports. Temporary laws. Description of Bills not to be assented to. Powers in Urgent Cases, Laws sent home Abstaraets' arKma Journals and Minutes.

5. A full and exact journal or minute shall be kept of all the deliberations, acts, proceedings, vo t e s, and resolutions of the Executive Council; and at each meeting of the said Council the Minutes of the last meeting shall be read over and confirmed or amended, as the case may require, before proceeding to the despatch of any other business. 6. In the execution of the powers and authorities granted to the Governor by Our said Letters Patent, he shall in all cases consult with the Executive Council, excepting only in cases which are of such a nature that, in his judgment, Our service would sustain material prejudice by consulting the said Council thereupon, or when the matters to be decided are too unimportant to require their advice, or too urgent to admit of their advice being given by the time within which it may be necessary for him to act in respect of any such matters. In all such urgent cases he shall at the earliest practicable period communicate to the said Council the measures which he may so have adopted, with the reasons thereof. 7. The Governor may act in the exercise of the powers and authorities granted to him by Our sa^ Inters Patent in opposition to the advice given to him by the members of the Executive Council if he shall in any case deem it right to do so, but in any such case he shall fully report the matter to Us, by the first convenient opportunity, with the grounds and reasons of his action. g_ j n c execu t;i on 0 f guc h powers as are vested in the Governor by law for assenting to or dissenting from, or of reserving for the signification of Our pleasure, Bills which have been passed by *^c Legislature of the Colony, he shall take care, as far as may be practicable, that in the passing of all Laws each different matter be provided for by a different Law, without intermixing in one and tho . . same Law such things as have no proper relation to each other; and that no clause be inserted in or anne xed to any Law which shall be foreign to what tho title of such Law imports, and that no perpetual clause be part of any temporary Law. 9. The Governor shall not assent in Our name to any Bill of any of the classes hereafter specified, t h a t is to say — (1.) Any Bill for the divorce of persons joined together iv holy matrimony : (2.) Any Bill whereby any grant of land or money, or other donation or gratuity, may be made to himself: (3.) Any Bill affecting the currency of the Colony : (4.) Any Bill imposing differential duties (other than as allowed by " The Australian Colonies Duties Act, 1873 ") : (5.) Any Bill the provisions of which shall appear inconsistent with obligations imposed upon Us by Treaty : (6.) Any Bill interfering with the discipline or control of Our forces in the Colony by land or sea: (7.) Any Bill of an extraordinary nature and importance, whereby Our prerogative, or the rights and property of Our subjects not residing in the Colony, or the trade and shipping of the United Kingdom and its Dependencies, may be prejudiced : (8.) Any Bill containing provisions to which Our assent has been once refused, or which have been disallowed by Us: Unless such Bill shall contain a clause suspending the operation of such Bill until the signification in the Colony of Our pleasure thereupon, or unless the Governor shall have satisfied himself that an urgent necessity exists requiring that such Bill be brought into immediate operation, in which case he is authorized to assent in Our name to such Bill, unless the same shall be repugnant to the law of England, or inconsistent with any obligations imposed upon Us by Treaty. But he is to transmit to Us, by the earliest opportunity, the Bill so assented to, together with his reasons for assenting thereto. 10. The Governor is to take care that all Laws assented to by him in Our name, or reserved for *^c signification of Our pleasure thereon, shall, when transmitted by him, be fairly abstracted in the margins, and be accompanied, in such cases as may seem to him necessary, with such explanatory observations as may be required to exhibit the reasons and occasions for proposing such laws, and shall also transmit fair copies of the Journals and Minutes of the proceedings of the Legislative Bodies of c Colony, which he is to require from the clerks or other public officers in that behalf of the said Legislative Bodies.

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11. Whenever any offender shall have been condemned to sutler death by the sentence of any Court, the Governor shall call upon the Judge who presided at the trial to make to him a written _ or Eeport ot the case of such offender, and shall cause such Eeport to be taken into consideration at the •first meeting thereafter which may be conveniently held of the Executi. c Council, and he may cause the said Judge to be specially summoned to attend at such meeting, and to produce his notes thereat. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, upon receiving the advice of the said Executive Council thereon ; but in all such cases he is to decide either to extend or to withhold a pardon or reprieve, according to his own deliberate judgment, whether the members of the Executive Council concur therein or otherwise; entering nevertheless, on the Minutes of the said Executive Council, a Minute of his reasons at length in case he should -. ~ .. .. ... decide any such question in opposition to the judgment of the majority of the members thereof. 12. The Governor is required, to the utmost of his power, to promote religion and education among the native inhabitants of the Colony, and especially to take care to protect them in their persons, and in the free enjoyment of their possessions, and by all lawful means to prevent and restrain all violence and injustice which may in any manner be practised or attempted against them. 13. All Commissions granted by the Governor to any persons to be Judges, Justices of the Peace, or other officers, shall, unless otherwise provided by law, be granted during pleasure only. 14. The Governor shall forward to Us punctually from year to year, through one of Our Principal Secretaries of State, such annual returns as have been customarily transmitted to Us from the Colony relative to the revenue and expenditure, defence, public works, legislation, civil establishments pensions, populations, schools, course of exchange, imports and exports, agricultural produce, manufactures, and other matters in the said " Eeturns " more particular specified, with reference to the state and condition of the Colony. 15. The Governor shall not quit the Colony without having first obtained leave from Us for so doing, under Our Sign-Manual and Signet, or through one of Our Principal Secretaries of State, except for the purpose of visiting the Governor of any neighbouring Colony for periods not exceeding one month at any one time, nor exceeding in the aggregate one month for every year's service in the Colony. IG. The temporary absence of the Governor for any period not exceeding one month shall not, if he have previously informed Our Executive Council, in writing, of his intended absence, and if he have duly appointed a Deputy iv accordance with Our said Letters Patent, be deemed a departure from the Colony within the meaning of the said Letters Patent. V. E.

Regulation of P° wer °f P"don , n capital cases. Judges' Report to Executi. eCoun^ cilGovernor to take Executive CW cil in such cases. own judgment. 18 Enlcring his ro»90"s on the Council Minutes. Promotion of c_tion"_m "l" t,ie Natives, persons and' property. Judges, &c, to b« appointed during Blue Book. Governor's v bscncp Temporary leave of absence. Governor's departure from the Colony. Clause

COPY OF A COMMISSION PASSED UNDER THE EOYAL SIGN-MANUAL AND SIGNET, APPOINTING SIR HERCULES GEORGE ROBERT ROBINSON, G.C.M.G., TO BE GOVERNOR AND COMMANDER-IN-CHIEF OF THE COLONY OF NEW ZEALAND AND ITS DEPENDENCIES. (Dated 22nd February, 1879.) Victoria E. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India: To our Trusty and Well-beloved Sir Hercules George Eobert Eobinson, Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George, Greeting. We do by this our Commission, under Our Sign-Manual and Signet, appoint you the said Sir A Hercules George Eobert Eobinson, until Our further pleasure shall be srgnitied, to be Our Governor 5> ° r h K and Commander-in-Chief in and over Our Colony of New Zealand and its Dependencies during Our G will and pleasure, with all and singular the powers and authorities granted to the Governor and Com-mander-in-Chief of Our said Colony in Our Letters Patent under the Great Seal of Our United King- R dom of Great Britain and Ireland, bearing date at Westminster, the Twenty-first day of February, 1879, in the Eorty-second year of Our Eeign, which said powers and authorities Wo do hereby 0 authorize you to exercise and perform, according to such Orders and Instructions as Our Governor and Commander-in-Chief for the time being hath already received or as you may hereafter receive from Us. And for so doing this shall be your Warrant. 2—A. 1.

ppointment of 'r, obrnson as overnor, ecites Letters f Governor, A

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Officers, 4c., to nor .

2. And We do hereby command all and singular Our Officers, Ministers, and loving subjects in Our said Colony aud its Dependencies, and all others whom it may concern, to take due notice hereof, and to give their ready obedience accordingly. Given at Our Court at Windsor, this Twenty-second day of February, 1879, in the Fortysecond year of Our Eeign. By Her Majesty's Command. M. E. Hicks Beach.

Recites Letters tuTin"\liToffice of Governor. Succession to the 6 Government. 7n nut m .■ XIIC billet »i ustic^ to act as A-minir Government in the absence of Lieutenant Governor. , The Senior Judge to act as Administrator of the Government the Chief Jiv. Powers and exercised according to InstrucSenior Judge to resign the the Chief Justice when the latter is within the Colony administering. Ollicers and others to obey the Administrator.

COPY OF A DORMANT COMMISSION PASSED UNDER THE ROYAL SIGN-MANUAL AND SIGNET APPOINTING THE CHIEF JUSTICE OR THE SENIOR JUDGE FOR THE TIME BEING OF NEW ZEALAND TO BE ADMINISTRATOR OF THE GOVERNMENT OF THAT COLONY, IN THE EVENT OF THE DEATH, INCAPACITY, OR ABSENCE OF THE GOVERNOR AND LIEUTENANT-GOVERNOR. (Dated 22nd February, 1879.) Victoria E. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India: To Our Chief Justice for the time being of Our Colony of New Zealand, or to the Senior Judge for the time being of Our said Colony, Greeting. Whereas by certain Letters Patent under the Great Seal of Our United Kingdom of Great Britonl and Ireland, bearing date at Westminster, the Twenty-first day of Eebruary, 1879, in th Eorty-second year of Our Eeign, We did constitute, order, and declare that there should be a Governor and Commander-in-Chief, in and over Our Colony of New Zealand, and did authorize, empower, and command Our said Governor and Commander-in-Chief to do and execute all things belonging to his s:vid office as therein is more particularly set forth : And whereas by our said Letters Patent We did declare that, in the event of the death, incapacity, or removal of Our said Governor and Commander-in-Chief or of his departure from the Colony, our Lieutenant Governor, or if there should be no such Officer in Our said Colony, then such person or persons as We might appoint under Our Sign-Manual and Signet, should during Our pleasure administer the Government of the same: Now know you that by this Our Commission, under Our Sign-Manual and Signet, We do appoint you ur sa^ Chief Justice for tho time being, until Our further pleasure shall be signified, to administer the Government of Our said Colony of New Zealand in case of the death, incapacity, or removal or of the departure from the Colony, of Our said Governor and Commander-in-Chief, as well as of Our Lieutenant Governor (if any), with all and singular the powers and authorities granted by Our said Letters Patent; and in case of the death, incapacity, or departure from Our said Colony of Our said Chief Justice for the time being, then We do appoint you, the Senior Jud<*e for the time bein<» of Our . . . . , said Colony then residing therein, and not being under incapacity, to administer the Government thereof, with all the powers and authorities aforesaid. And Wo do hereby authorize and require you Our said Chief Justice or the said Senior Judge for the time being, as the case may be, to exercise and perform the said powers and authorities according to such Instructions as Our said Governor and Commander-in-Chief or Our said Lieutenant Governor may have received from Us, and to such further Instructions as you may receive from Us, under Our Sign-Manual and Signet, or through ono of Our Principal Secretaries of State. And for so doing this shall be your Warrant. Provided always that you, the Senior Judge, shall act in the administration of the Governm c on iy an( j s0 o fteii as you, Our said Chief Justice, shall not be present within the Colony and capable of administering the Government, A_nd \y e d 0 hereby command all and singular Our Officers, Ministers, and loving subjects in Our said Colony, and all others whom it may concern, to take due notice hereof, and to give their ready _. - • i ■ l obecltence accordingly. Given at Our Court at Windsor, this Twenty-second day of February, 1879, in the Eortysecond year of Our Eeign. By Her Majesty's Command. M. E. Hicks Beach.

Authority : Geoeob Didsbuet, Government Printer, Wellington.—lB79.

Price 6d.]