A —No. 2b

OPINION OF THE LAW ADVISERS OF THE CROWN RELATIVE TO THE LEGALITY OF THE NEW PBOVINCES ACT, 1858No. 1. copt op a DESPATCH from his gbace the dukb of Newcastle to governor sir oeorok GKE1, K.C.B. Downing Street, 10th August, 1861. Sir, — Governor Gore Browne in his Despatch of the 29th November last, No. 124, forwarded, in compliance with a Resolution of the House of Representatives, a Case which they were desirous should lie submitted for the opinion of the Law Officers of the Crown, having reference to the legality of the " New Zealand New Provinces Act" of 1858. I accordingly caused the Case to be referred to the Law Officers, and I now transmit to you for your own information, and for that of your Responsible Advisers, a copy of a letter received in reply, from which it will be seen that the Law Officers were of opinion that the General Assembly had not the power to constitute new Provinces. As the Act in question was one of much value and importance, and as great confusion would be caused in the Colony by impeaching the proceedings which had taken place under its authority, I came to the conclusion that an Act of Parliament ought at once to be passed, to establish the validity botli of the local Act and all that had been done under it, and at the same time, to give power to the local Legislature to constitute new Provinces in future. The Act received Her Majesty's assent on the 11th ultimo, and a copy of it is herewith forwarded to you. I have, &c, Governor Sir George Grey, K.C.B,, Newcastle. &c., &c, &c.

Enclosure 1 in No. 1. THE LAW OFFICERS TO THE DUKE OF NEWCASTLE. Lincoln's Inn, March 11th, 1861. My Lord Duke, — We are honored with your Grace's commands, signified in Sir Frederick Rogers' letter of the 4th March instant, in which he stated that he was directed by your Grace to transmit to us the accompanying "case," which had been prepared by a Select Committee of the House of Representatives of New Zealand, together with other documents having reference to the legality of th« "New Provinces Act of 3 858," and requesting that we would favor your Grace with our opinion on the questions set forth in those Papers. In obedience to your Grace's commands, we have attentively considered the Papers transmitted to us, and beg leave to Report— That by the Constitution Act, 15th and lGth Victoria, c. 72, s. 69, the General Assembly had oxpross power to constitute New Provinces in New Zealand, and to alter the boundaries of existing Provinces. But the fact of the repeal of this 69th section by the 20th and 21st Victoria, c. 53, and also the exemption by the same Act of sects. 3 and 18 of 15th and 16th Victoria, c. 72, from the power of the General Assembly, prove conclusively that the General Assembly no longer has the power to constitute New Provinces, and for that purpose to alter existing Provinces. It follows, therefore, that the Act of Assembly of 21st August, 1858, no far as it attempts to create New Provinces by carving them out of existing Provinces, is ultra vires, and at variance with the existing Imperial Statutes.