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ATTORNEY GENERAL'S OPINION ON THE INTRODUCTION OF RESPONSIBLE GOVERNMENT.

By the recent Act for granting a Representative Constitution to New Zealand, no provision has been made for " establishing Ministerial Responsibility in the conduct of Legislative and Executive proceedingsby the Governor." By the Royal Letters Patent (15th September, 1852,) issued to the Governor subsequently to the passing of the Act, it is provided that (he Government of the Colony shall be administered by the Governor under instructions from the Crown, and with the advice and assistance of an Executive Council. By the "Royal Instructions" of the same date (13th September, 1832) and ac« companying the Governor's Commission, the undermentioned persons are nominated and appointed by the Crown to be the members of the Executive Council, that is to say— The Senior Military Officer in Command of H. M. Forces ; The Colonial Secretary, or the person acting in that capacity ; The Attorney-General, or the person acting in that capacity ; The Treasurer, or the person acilngin that capacity ; and such other persons as the Governor shall deem to be qualified and capable to advise him. But it is provided that any appointment so to be made by the Governor shall be provisional only, and subject to be confirmed or disallowed by the Crown. The "Royal Instructions"further provide that the Executive Council shall not proceed to despatch of business unless summoned by the Governor —that as a general rule no question shall be brought before them for their advice or decision excepting such as may be proposed by the Governor —and that it shall be competent for the Governor, although he may dissent from the opinion of the major part or of the whole of (he Council, to execute the powers conferred upon him in opposition to their opinions. But that in such case it shall be competent for any member of the Council to record on the Minutes the reasons of any advice he may give, and that it shall be peremptory on the Governor in such case immediately to transmit to (he Crown a full explanation, and a copy of such Minutes. By the terms of his Commission, and by the "Royallnstructions"accompanying if, the Governor himself is made directly responsible to the Crown, and no power is given to him to delegate his authority, or to relieve himself from such responsibility in the conduct of the duties of his office. By the same Instruments the members of the Executive Council are also made responsible to the Crown. Neilher by the Constitution Act, nor by the Instruments under the authority of which he administers the Government has any provision been made for enabling the Governor to establish "Ministerial Responsibility" in the conduct of Legislative and Executive proceedings by the Governor. Looking to the provisions of the Constitufion Acl (sees. 55 and 56), by which it is enacted that the Governor may by Message transmit to either the Legislative Councilor the House of Representatives for their consideration, the drafts of any Laws which il may appear lo him lo be desirable to introduce, and that he may also make such alterations as he may think expedient in any Bill which may have been passed by the Council and House, and return the same for their consideration ; and looking to the recommendation contained in the Report of the Commillee of (he Board of Trade and Plantations on the proposed establishment of a Representative Legislature for the Cape of Good Hope which appears to have been under the notice of Her Majesty's Government when engaged in the preparation of the New Zealand

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