558 PARLIAMENTS OF THE DOMINIONS [PART ITI
of the law officers, the Bill being in the meantime expressed
to continue only till the end of the financial year. A case
was prepared in which attention was called to s. 54 of the
Constitution Act, which merely provides for the Governor’s
recommendation to the Lower House of any appropriation,
and to s. 4 of the Parliamentary Privileges Act, 1865, which
provided that :—
The Legislative Council and the House of Representatives
of New Zealand respectively shall hold, enjoy, and exercise
the like privileges, immunities, and powers as on January 1,
1865, were held, enjoyed, and exercised by the Commons
House of Parliament of Great Britain and Ireland, and by
the committees and members thereof, so that the same are
not inconsistent with or repugnant to such and so many
of the provisions of the sections of the Constitution Act as at
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 power shall be deemed to be,
and shall be 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.
The report of the law officers, dated June 18, 1872, was
as follows —.
We are of opinion that independently of the Parliamentary
Privileges Act, 1865, the Legislative Council was not con-
stitutionally justified in amending the Payment to Provinces
Bill, 1871, by striking out the disputed clause 28 (which
authorized a new disposition of the loan moneys raised under
the Act of 1870). We think the Bill was a Money Bill, and
such a Bill in the House of Commons in this country would not
have been allowed to be amended by the House of Lords, and
that the limitation proposed to be placed by the Legislative
Council on Bills of aid or supply is too narrow, and would
not be recognized by the House of Commons in England.
2. We are of opinion that the Parliamentary Privileges
Act, 1865, does not confer on the Legislative Council any
larger powers in this respect than it would otherwise have
possessed. We think that this Act was not intended to
affect and did not affect the legislative powers of either
House of the Legislature in New Zealand.