Full text: Responsible government in the Dominions (Vol. 1)

CHAP. IV] ALTERATION OF THE CONSTITUTION 437 
tives; the provision in s. 47 as to affirmation in place of an 
oath; the provision in s. 53 as to the power of the General 
Assembly to make laws; the provisions in s. 54 as to the appro- 
priation and issue of public money ; the provisions in ss. 56, 
57, 58, and 59, as to the assent, the reservation of and 
refusal of assent to Bills and disallowance by the Crown; the 
provision in s. 61 as to the levying of duties on supplies for 
the Imperial troops and the raising of duties inconsistent with 
treaties; the provision in s. 64 as to grants for civil and 
judicial services except so much of that section as charged 
the Civil List on the revenues arising from the disposal of 
waste lands by the Crown; the provisions of s. 65 as to the 
variation of sums provided under s. 64; the provision in 
8. 71 regarding the maintenance of the laws of the aborigines 
under which provision might still! be made by letters patent 
despite the grant of self-government to the Colony ; the 
provisions of s. 73 as to the acquisition of lands of the 
aborigines, and the provisions of s. 80 with regard to the inter- 
pretation of the term ‘Governor’, and of ‘ New Zealand ’ 
the interpretation of the latter term including the boundaries 
of the Colony. The restriction as to the repeal of s. 73 
was repealed by s. 4 of the Native Lands Act, 1873, in 
reliance on the power conferred by an Imperial Act of 1862 
(25 & 26 Vict. c. 48), which expressly enabled the Legislature 
to repeal the Act, and it is formally repealed by the Imperial 
Act 55 & 56 Vict. ¢. 19. The boundaries of New Zealand were 
also altered by an Imperial Act of 1863.2 Other alterations, the 
addition of the Kermadec and Cook Islands in 1887 and 1901, 
have been made by letters patent validated by the Colonial 
Boundaries Act, 1895. 
An important question arises as to whether these restric- 
tions are still part of the law of New Zealand ?® or whether 
they must be regarded as having been superseded by the 
general power of altering a constitution which is conferred 
upon all representative legislatures by the Colonial Laws 
! The section has not been repealed by the Statute Law Revision Act, 1893. 
and cannot be held to be obsolete. #26 & 27 Vict. c. 23. 
* So Jenkyns. British Rule and Jurisdiction beyond the Seas, pp. 75, 76.
	        
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