1588 PREROGATIVE INSTRUMENTS :
V. There shall be an Executive Council for the Dominion, and the
said Council shall consist of such persons as were immediately before
the coming into force of these Our Letters Patent Members of the
Executive Council of New Zealand, or as may at any time be Members
of the Executive Council of the Dominion in accordance with any
Law enacted by the Legislature of the Dominion,! and of such other
persons as the Governor shall, from time to time, in Our name and on
Our behalf, but subject to any Law as aforesaid, appoint under the
Public Seal of the Dominion to be Members of the Executive Council
of the Dominion.
VI. The Governor, in Our name and on Our behalf, may make and
execute, under the said Public Seal, grants and dispositions of any
lands which may be lawfully granted and disposed of by Us within
“he Dominion.2
VIL. The Governor may constitute and appoint, in Our name and
on Our behalf, all such Judges, Commissioners, Justices of the Peace,
and other necessary Officers and Ministers of the Dominion as may
be lawfully constituted or appointed by Us.3
VIII. When any crime has been committed within the Dominion,
or for which the offender may be tried therein, the Governor may as
he shall see occasion, in Our name and on Our behalf, grant a pardon
to any accomplice in such crime who shall give such information as
shall lead to the conviction of the principal offender, or of any one of
such offenders if more than one; and further, may grant to any
offender convicted in any Court, or before any Judge, or other Magis-
trate, within the Dominion, a pardon, either free or subject to lawful
conditions, or any remission of the sentence passed on such offender,
or any respite of the execution of such sentence for such period as the
Governor thinks fit ; and further may remit any fines, penalties, or
forfeitures due or accrued to Us. Provided always that the Governor
shall in no case, except where the offence has been of a political
nature unaccompanied by any other grave crime, make it a condition
of any pardon or remission of sentence that the offender shall absent
himself or be removed from the Dominion,
[X. The Governor may, so far as We Ourselves lawfully may, upon
sufficient cause to him appearing, remove from his office, or suspend
from the exercise of the same, any person exercising any office or place
within the Dominion under or by virtue of any Commission or Warrant
granted, or which may be granted. bv Us. in Our name. or under Our
authority?
X. The Governor may exercise all powers lawfully belonging to Us
in respect of the summoning, proroguing, or dissolving anv Legislative
No such law has been passed.
* This power is obsolete, provision being made by statute ; cf. on the power
en ws given in 1840, Req. v. Clarke, 7 Moo. P. C. 77: Reg. v. Hughes,
*P.C. 81.
* This power is exercised now under statute. For an unsuccessful attempt
to appoint a judge under it without parliamentary sanction. see Buckley v.
Edwards, [189271 A. C. 387.