7

A—No. 4

Colonial Secretary's Office, Auckland, December 7th, 1867. Sic,— I nave the honor to inform you that His Excellency the Governor has been pleased, on the advice of his Responsible Ministers, to disallow the " Crown Grants Endorsement Ordinance, 1857," passed by the Provincial Legislature of New Plymouth. The principle upon which this course has been taken is, that the disallowed Ordinance effected alterations in the general law of the property within the Province, without the existence of any sufficient reasons peculiar to the Province, for the changes introduced. The Ist and 2nd Sections prescribed a particular form of report on Claims preferred under the "New Zealand Company's Land Claimants Ordinance of 1851," within the Province of New Plymouth ; the effect of which would be, in certain cases, to give to such Reports in that Province, an operation, which in like circumstances they could not acquire in any other part of the Colony. Now if this innovation be requisite or expedient in the settlement of New Plymouth it is no less so in other settlements founded by the New Zealand Company. It is doubtful whether in any case a Provincial Legislature ought to interfere with the general principles of the law of Real Property. But such interference is inadmissable, when the supposed necessity for Legislation is, as in the present case, common to several Provinces, or to the whole Colony. Whatever remedy it may in such case be thought expedient to apply, should be uniformly and simultaneously applied throughout the Colony by the action of the General Assembly. It is difficult to exaggerate the confusion, and consequent danger to titles, which would result from admitting the introduction of needless Provincial diversities in the Law of Real Property, however well devised and useful in themselves the proposed alterations in any case may be. If it be said that, in consequence of the forced sales of land for payment of Rates which have taken place in the Province of New Plymouth, a special necessity for legislation has actually arisen in that Province, it may be answered that the ordinance goes beyond providing for any particular case, and establishes a general rule, which would have extensive consequences. As regards your Honor's apprehension of a conflict between the provisions of the Public Works Ordinance of New Plymouth, and the New Zealand Company's Land Claimants Ordinance of 1851, it appears, to say the least, very doubtful whether the Commissioner under the latter Ordinance would be warranted in reporting any person, who had been duly expropriated under the former Ordinance, to be legally entitled to a grant. The 3rd Section of the disallowed Ordinance would give to Crown Grants, issued on sales by the Crown in the Province of New Plymouth a retro-active effect on the legal estate, which such instruments do not as yet possess in any other part of the Colony. The objections I have already stated to the first and second sections apply equally to such an enactment. The attention of the General Assembly has been more than once directed to the subject of the 3rd Section, by the introduction of Bills ■which have been withdrawn simply because they were not deemed satisfactory in their provisions. This circumstance makes it more evident that the subject is one with which no Provincial Legislature should be allowed to deal. I have &c, (Signed) E. W. Stafford. His Honor The Superintendent, New Plymouth. Colonial Secretary's Office, Auckland, January 25th, 1858. Sir,— In reply to your letter of the 10th of November last, covering the copies of four Ordinances passed by the Provincial Council of Canterbury, I have the honor to state that the letter which you inform me was addressed to me by your Honor's predecessor on the the 28th July last, transmitting copies of the same Ordinances, has never reached me. The copies now received have been laid before the Governor ; who has been pleased to leave the " Public House Amendment Ordinance," and the " Canterbury Association Reserves Amendment Ordinance," to their operation ; and to disallow the " Diversion of Roads," and the " Governor's Bay Road Ordinance." His Excellency's Ministers feel great regret that it was imperative upon them to advise the Governor to disallow the latter Ordinance ; in as much as>the land, professed to be dealt with by the sixth Section of the " Diversion of Roads Ordinance," was either Waste Land of the Crown, in which case, under the provisions of the /WasteLands Act, 1856," the Bill should have been reserved: or it was Crown Land reserved for a special purpose, with respect to which the Provincial Council is debarred from passing any law at all. The " Governor's Bay Road Ordinance" was not objectionable in principle ; but, as it depended entirely upon the former Ordinance, was useless without it. I am at the same time aware that it is most desirable that full powers of legislating for the alteration of lines of road and stres should be possessed by the respective Provincial Councils : which are from their local knowledge the most competent bodies to judge of the necessity or otherwise of such alterations ; while they would be enabled, from their frequent sessions, most speedily to legislate when