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1887. NEW ZEALAND.

POWERS OF THE LEGISLATIVE COUNCIL AND THE HOUSE OF REPRESENTATIVES (MEMORANDUM REGARDING THE). By the Hon. Sir ROBERT STOUT, K.C.M.G., Premier.

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

The recent decision of Her Majesty's Privy Council on the questions submitted to it by the Legislative Council and Legislative Assembly of Queensland, regarding the power of the former to deal with money Bills, cannot fail to be of interest to every British colony. The value of the judgment of this Court of last resort in the Empire is enhanced by the fact that it is the opinion of able politicians and renowned lawyers. The following were the members of the Judicial Committee that pronounced on the points in dispute, namely : Lord Spencer (President), Lord Herschell, (Chancellor), the Duke of Richmond and Gordon, Lord Abcrdare, Lord Blackburn, Lord Hobhouse, and Sir Richard Couch. The questions submitted to the Court were two — First, whether "The Queensland Constitution Act, 1867," confers on the Legislative Council powers co-ordinate with the Legislative Assembly in the amendment of all Bills, including money Bills? Second, whether the claims of the Legislative Assembly, as set forth in their message of the 12th November, 1885, are well-founded ? The message of the Legislative Assembly appears in the Appendix, where also will be found the other documents referred to the Judicial Committee. (See Appendix No. 1.) To these questions the Lords of the Committee replied that the first should be answered in the negative, and the second in the affirmative. Thus the contention of the Legislative Assembly was accepted in full. The Constitution Act of Queensland has the following sections bearing on the subject: — Section 1. There shall be within tlfe said Colony of Queensland a Legislative Council and a Legislative Assembly. Section 2. Within the said Colony of Queensland Her Majesty shall have power, by and with the advice and consent of the said Council and Assembly, to make laws for the peace, welfare, and good government of the colony in all cases whatsoever : Provided that all Bills for appropriating any part of tho public revenue, for imposing any new rate, tax, or j I—A. 8.

impost, subject always to the limitations hereinafter provided, shall originate in the Legislative Assembly of the said colony. Section 18. It shall not be lawful for the Legislative Assembly to originate or pass any vote, resolution, or Bill for the appropriation of any part of the said Consolidated Revenue Fund, or of any other tax or impost, to any purpose which shall not first have been recommended by a message of the Governor to the said Legislative Assembly during the session in which such vote, resolution, or Bill shall be passed. These clauses in the Queensland statute are similar to certain clauses in the New Zealand Constitution Act. Section 32 of 15 and 16 Viet., cap. 72 (called the Constitution Act), provides,— There shall be within the Colony of New Zealand a General Assembly, to consist of the Governor, a Legislative Council, and House of Representatives. And section 51 is similar to section 18 of the Queensland Constitution Act. There is, however, in New Zealand an Act called " The Parliamentary Privileges Act, 1865/' passed by the General Assembly of New Zealand ; and section4 of that Act is as follows : — The Legislative Council and House of Representatives of New Zealand respectively, and the Committees and members thereof respectively, shall hold, enjoy, and exercise such and the like privileges, immunities, and powers as on the first day of January, one thousand eight hundred and sixtyfive were held, enjoyed, and exercised by the Commons House of Parliament of Great Britain and Ireland, and by the Committees and members thereof, so far as the same are not inconsistent with or repugnant to such and so many of the sections and provisions of the said Constitution Act as at the time of the coming into operation of this Act are unrepealed, whether such privileges, immunities, or powers were so held, possessed, or enjoyed by custom, statute, or otherwise ; and such privileges, immunities, and powers shall be deemed to be and shall bo part of the general and public law of the colony, and it shall not be necessary to plead the same, and the same shall in all Courts, and by and before all Judges, be judicially taken notice of. An interpretation, though not judicial, has been passed on this Act by Lord Coleridge and Sir George Jessel (the late eminent Master of the Rolls). I shall refer further on to the conflict which arose between the Houses, and which led to the obtaining of the opinion of Lord