*1 
RESPONSIBLE GOVERNMENT [PART 1 
§ 4. NEW ZEALAND 
We have seen in the preceding chapter how it was found 
possible to create responsible government out of the repre- 
sentative constitution granted by the Act of 1852, without 
any alteration of the actual conditions of the law or even of 
the royal instructions regarding the composition of the 
Executive Council. As Sir George Grey said in his dispatch 
of December 8, 1854 :—1 
I do not understand the opinion which some portions of 
this correspondence seem to convey, and which is supported 
by the language of your address of August 31, that legislative 
enactment by the General Assembly is required to bring the 
change into operation. In this country the recognized plan 
of Parliamentary Government by which ministers are 
responsible to Parliament and their continuance in office 
practically depends on the vote of the two Houses, rests on 
no written law, but on usage only. In carrying a similar 
system into effect in the North American Colonies, legislation 
has indeed been necessary to make a binding arrangement 
for the surrender by the Crown of the territorial revenue 
which has generally formed part of the scheme and for the 
establishment of a Civil List, but not for any other purpose. 
In New Zealand the territorial revenue has already been 
conceded to the Assembly, and Her Majesty's Government 
have no terms to propose with regard to the Civil List 
already established.” Unless, therefore, there are local laws 
in existence which would be repugnant to the new system 
legislation seems uncalled for except for the very simple 
purpose of securing their pensions to retiring officers, and if 
uncalled for such legislation is undesirable, because the laws 
so enacted would probably stand in the way of the various 
partial changes which it might be necessary to adopt in the 
details of a system in its nature liable to much modification. 
The Parliamentary Disqualification Act, 1878, of New 
Zealand took steps to disqualify officers holding appoint- 
ments under the Government from membership of the 
General Assembly, but it made an exception in the case of 
members of the Executive Council, provided that there 
were not more than ten, of whom two must be members of 
* Parl. Pap., H. C. 160, 1855, pp. 39 seq.