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	Cook Islands Law Reports and Collections
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• COLLECTION OF COOK ISLANDS JUDGMENTS 1976 - 1996

Professor Don Paterson of the USP School of Law has made a collection of the most significant judgments of the High Court and Court of Appeal of the Cook Islands, dating from the time the country gained self-governing status in 1965.

The judgments are available in 4 volumes covering the period 1976-1996. They are not official or formal law reports, however each volume contains an extensive index which will enable easy access to cases of interest to the reader.

* For copies of original documents please contact Emalus Campus Library

* For inquiries regarding purchasing the 4 volume set please contact Professor Paterson.

Volume 1 1976-1980

Volume 2 1981-1985

Volume 3 1986-1990

Volume 4 1991-1995

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COOK ISLANDS JUDGMENTS
1976-1980
ALPHABETICAL INDEX

 

A

Advocate-General v Davis and Story

 

C

Cameron v Mainline-Brown & Doherty Contractors Ltd

Cook Islands Motor Centre v Collector of Inland Revenue

 

H

Henry In re

Hosking v Browne, Henry, Kamana, Jack, Gosselin and Bullen

 

 

M

Mitiaro Constituency In re

 

N

Ngatuaine v Mareiti, Pirangi, Gosselin and Ruddell

 

P

Pokoati v Tetava, Gosselin and Moo

Police v Henry and Turner

Police v Henry, Henry and Turner

 

R

R v Kenny, Little, Cook Islands Development Co and others

 

S

Short v Matapo, Gosselin and Caffery

Story v CI Broadcasting and Newspaper Corporation, Advocate-General and Williams

 

T

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

Tapaitau v Kenny

Te-Au-O-Tonga, Takitumu and Puaikura Constituencies, In re

 

CONSTITUTION AND LEGISLATION CITED

 

CONSTITUTION

 

Art. 45

Advocate-General v Davis and Story

 

LEGISLATION

 

Cook Islands Act 1915 (NZ)

s148

R v Kenny, Little, Cook Islands Development Company and Others

 

Crimes Act 1969

s407

Police v Henry and Turner

s408

Tapaitau v Kenny

 

Electoral Act 1966

s7 (1)(i)

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

s69 (a)

In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies

s70

In re Mitiaro Constituency

s70

In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies

In re Mitiaro Constituency

 

Public Moneys Act 1969

In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies

 

COOK ISLANDS JUDGMENTS
1976-1980

Index of Subject Matter

 

Administrative Law

 

See Judicial Review

 

Appeal

 

Security for costs

In re Henry

 

Full Court

In re Henry

 

Contempt of Court

 

R v Kenny, Little, Cook Islands Development Company and Others

 

Contract

 

Contract of employment - wrongful dismissal

Cameron v Mainline-Brown & Doherty Contractors Ltd.

 

Criminal Law and Procedure

 

Conspiracy

Police v Henry and Turner

 

Contempt of Court

R v Kenny, Little, Cook Islands Development Company and others

 

Non- publication of evidence in criminal proceedings

Tapaitau v Kenny

 

Sentencing

Police v Henry, Henry and Turner

 

Defamation

 

Parliamentary privilege- claim relating to conduct of Speaker

Story v CI Broadcasting Newspaper Corporation, Advocate-General and Williams

 

Election

 

Common law regulating elections applicable in Cook Islands except where altered by statute

In re Mitiaro Constituency

 

Corrupt Practices - Bribery

In re Mitiaro Constituency

In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies

 

Corrupt Practices - Treating

In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies

In re Mitiaro Constituency

 

Irregularities

In re Mitiaro Constituency

 

Standard of proof in election proceedings

In re Mitiaro Constituency

 

Income Tax

 

Burden of proof in objection to assessment

Cook Islands Motor Centre Ltd. v Collector of Inland Revenue

 

Expenditure "exclusively incurred" in production of income

Cook Islands Motor Centre Ltd. v Collector of Inland Revenue

 

Interpretation

 

Statutes

"Unsoundness of mind"

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

Judicial Review

 

Actions subject to judicial review

-decision of the Speaker as to whether to sign certificate that Bill has been passed by Parliament

Advocate-General and Davis v Story

 

Bias

-rule against bias applied to administrative decision

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

-reasonable appearance of bias invalidates decision

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

Discretion of court to decline relief

-decision would have been the same

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

 

-public interest

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

-acquiescence of plaintiff

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

Parliament

 

Defamation relating to conduct of Speaker - breach of parliamentary privilege- exclusive jurisdiction of Parliament to determine

Story v CI Broadcasting and Newspaper Corporation, Advocate-General and Williams

 

 

Speaker

- decision as to whether to sign certificate that bill has been passed by Parliament not immune from judicial review

Advocate-General and Davis v Story

 

- obligation to sign certificate that bill has been passed by Parliament

Advocate-General and Davis v Story

 

Vacation of seat of member

- unsoundness of mind

Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer

 

For more information contact Professor Paterson at paterson_d@vanuatu.usp.ac.fj