MINISTERIAL GOVERNMENT. MINUTE OF HIS EXCELLENCY AS TO THE RELATIONS BETWEEN HIMSELF AND HIS RESPONSIBLE ADVISERS.

Votes and Proceedings of the House of Representatives, 1856 Session I

1

HOUSE OF REPRESENTATIVES.

MINISTERIAL GOVERNMENT. MINUTE OF HIS EXCELLENCY AS TO THE RELATIONS BETWEEN HIMSELF AND HIS RESPONSIBLE ADVISERS.

Laid on the Tabic May, 1856, and ordered to be printed.

The view the Governor takes of the relations between himself and his responsible advisers is as follows :— Jst. In all matters under the control of the Assembly, the Governor should be guided by the advice of gentlemen responsible to that body, whether it is or is not in accordance with his own opinion on the subject in question. 2nd. On matters affecting the Queen's prerogative and Imperial interests generally, the Governor will be happy to receive their advice, but when he differs from them in opinion, he will (if they desire it) submit their views to the consideration of Her Majesty's Secretary of State, adhering to his own until an answer is received. Among Imperial subjects the Governor includes all dealings with the Native tribes, more especially in the negotiation of purchases of land. He will receive and act on the advice of his responsible advisers in reference to the amount of money they may desire to have expended in any one year in the purchase of Land, but beyond this he considers himself bound to act on his own responsibility. 'l'he Governor alone is responsible to Her Majesty for the tranquillity of the Colony, which would be endangered by the ordinary and inevitable change of opinions consequent on a change in his advisers. It follows as a necessary consequence of these views that the Chief Land Purchase Commissioner and his subordinates must take their orders from the''Governor alone. Before giving his assent to Acts passed by Provincial Councils, and other matters of a legal nature, the Governor will require the annexed certificate from the Colonial Secretary and Attorney General; and, in approving appointments to vacant offices, he will require to be assured that the gentlemen recommended are fit and eligible for their respective situations. (Signed) THOMAS GORE BROWNE. loth April, 1856. CERTIFICATE. To the best of onr knowledge and belief there is nothing eontained in the document named in the margin contrary to the provisions of the Act passed by the Imperial Parliament " to grant a Representative Constitution to the Colony of New Zealand," or otherwise objectionable in point of law. Attorney General, —— Colonial Secretary. MEMORANDUM. (a.) In explanation of paragraph No. I, the Governor of course reserves to himself the same Constitutional rights in relation to his Ministers as are in England practically exercised by the Sovereign. % (b.) In further explanation of the same paragraph, he intends by the term " matters under the control of the Assembly," ali matters whatever, relating to the Government of the Colony not referred to in paragraph No. 2. (c.) In explanation of paragraph No. 2, the Governor refers to Clauses 19, 20, and 21 of the Royal Instructions accompanying his Commission, which oblige him as a general rule to take advice in all matters with his Executive Council. He considers such rule as applying to the subject referred to in paragraph No. 2, and he will not object (having the Queen's sanction to that effect) to limit the members of the Kxecutive Council to his responsible Ministers. (u ) In explanation of the 4th paragraph, the Govsrnor would observe that he feels no objection to the House of Representatives defining the specific Lands to be purchased, it being however understood that it is not to be compulsory on the Governor to make purchases if, in his opinion, political reasons render it inexpedient to do so. (Signed) T. GORE BROWNE. April 18th, 1856.

A.——No 115,