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

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.
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.