|
|
[Home] [Databases] [WorldLII] [Search] [Help] [Feedback] | |
Cook Islands Law Reports and Collections |
||
| You are here: PacLII >> Databases >> Cook Islands Law Reports and Collections | ||
A
218
106
Anderson v Arnold, Brown & Gibson, Tylor and Short & Tylor
231
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency
149
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency (No 2)
155
Attorney-General v Goodwin and Cook Islands Public Service Association 177
251
Brown and Atkins v Police Department
86
Clarke v Cook Islands Airport Authority
97
53
Cook Islands Police v Richmond
56
Department of Trade, Labour and Transport v South Seas International Ltd 18
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others
220
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 2)
253
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 3)
292
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 4)
296
Goodwin and Cook Islands Public Service Association v Attorney-General 132
Goodwin and Cook Islands Public Service Association v Attorney-General (No 2)
134
Inland Revenue v P.N.T Enterprises Ltd
49
63
Kaputa Mataiapo Title of, In re, Tou v Toeta
271
23
248
Miller and Howard v Napa and Ivanson, and Fine Foods Ltd 214
243
Moeau v Ngametua and Taimau 74
79
Morris v Tapaitau, In re Penrhyn Constituency
204
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
102
Neale v Cook Islands Police Department
60
Overseas Constituency, In re, Arthur v Williams, Mataio and Elikana 149
Overseas Constituency, In re, Arthur v Williams, Mataio and Elikana (No 2) 155
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd
208
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd (No 2)
210
Penrhyn Constituency, In re, Morris v Tapaitaui 204
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
163
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No. 3)
180
65
Privileges Standing Committee and the Speaker v Robati
173
Pukeiti v Cook Islands Police Department
269
Rakahanga Constituency, In re, Piho, v Robati, Mataio and Elikana 163
Rakahanga Constituency, In re (No 2), Robati v Piho, Mataio and Elikana 175
Rakahanga Constituency, In re (No 3) Piho v Robati, Mataio and Elikana 180
Rakahanga Constituency, In re (No 4), Robati v Piho, Mataio and Elikana 193
Rakahanga Electoral Roll, In re 201
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 2) 175
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 4) 193
Robati v Privileges Standing Committee and the Speaker
122
Ross Holmes Law Partnership v Collector of Inland Revenue
226
90
Stace v Pierre and Mitchell (No 2)
100
241
34
Tou v Toeta, In re Mataiapo Title of Kaputa 271
CONSTITUTION AND LEGISLATION CITED
CONSTITUTION
Art 1(1)
In re Rakahanga Electoral Roll
201
Art 27(2)
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
163
Art 27(2)(k)
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency 149
Art 28(2)(b)
Arthur v Williams, Mataio and Tangimetua, In re Overseas Consituency
149
Art 28B(1)
Goodwin v CIPSA and Attorney-General 134
In re Rakahanga Electoral Roll
201
Art 36
Robati v Privileges Standing Committee and the Speaker 122
Art 64(1)(1)
106
Art 65(1)(b)
243
Art 65(1)(d)
Robati v Privileges Standing Committee and the Speaker
122
Art 65(1)(e)
Robati v Privileges Standing Committee and the Speaker
122
Art 65(1)(g)
Robati v Privileges Standing Committee and the Speaker
122
LEGISLATION
13 Eliz Ch 5, 1571
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 3)
292
Acts Interpretation Act 1924
s20(e)
Preston and Preston v Tierney 5
Tierney v Preston and Preston 34
Business Development Fund Act 1984
Department of Trade, Labour and Transport v South Seas International Ltd
18
Crimes Act 1969
s144(1)(b)
Criminal Procedure Act 1980-81
s105(1)
Inland Revenue v P.N.T Enterprises Ltd
49
Brown and Atkins v Police Department
86
Declaratory Judgments Act 1994
248
Development Investment Act 1977
Preston and Preston v Tierney 5
241
34
Electoral Act 1966
s8(1)(d)
In re Rakahanga Electoral Roll
201
s50
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
163
Robati v Piho, Mataio and Elikana, In re Rakahaga Constituency (No 4) 193
s74
Arthur v Williams, Mataio and Elikana, In re Overseas Constituency 149
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 2) 175
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 4) 193
s74A
Morris v Tapaitau, In re Penrhyn Constituency 204
s82, 82A
Robati v Piho, Mataio and Elikana, In re Rakahanga Consituency (No 4) 193
Electoral Amendment Act 1993
Goodwin and CIPSA v Attorney-General 132
Goodwin and CIPSA v Attorney-General (No 2) 134
Evidence Act 1968
ss3, 22
Brown and Atkins v Police Department
86
Evidence Amendment Act (No 2) 1986-87
Illegal Contracts Act 1987
Preston and Preston v Tierney 5
34
International Trusts Act 1984
s13B
Pacific Heritage Bank v Radke, Blandar Ltd Partnership and Trust Corp Ltd
210
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 2) 253
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 3) 292
s13K
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others 220
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 3) 292
s23
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 4) 296
Judicature Act 1980-81
s24(1)
Inland Revenue v P.N.T. Enterprises Ltd
49
s57
Kikorio v Harmon and Estall 29
s76
53
Judicature Amendment Act 1991
s15A(1)
Inland Revenue v P.N.T Enterprises Ltd
49
Legislative Assembly Powers and Privileges Act 1967
Robati v Privileges Standing Committee and the Speaker
211
Transport Act 1966
s76
Cook Islands Police v Richmond
56
Transport Act 1986
s28
Neale v Cook Islands Police Department
60
Turnover Tax Act 1980
Ross Holmes Law Partnership v Collector of Inland Revenue
226
Workers Compensation Ordinance 1964
79
COOK ISLANDS JUDGMENTS
1991 - 1995
INDEX
OF
SUBJECT MATTER
Appeal under s76 Judicature Act 1980-81 subject to principle against double jeopardy
Assessment of damages will not be lightly interfered with by appellate court
23
Leave of Court of Appeal to appeal to Privy Council
- counsel's authority to agree to order as to payment of costs
- leave refused - issue as to non-publication of judgment not an issue of great general public importance
515 South Orange Grove Owners Association and Others v Orange Grove Partners (No 4)
296
- leave refused-plaintiff undertook to discontinue proceedings
Privileges Standing Committee and the Speaker v Robati
173
- substantial question of law involved even although Constitution could be amended
Attorney-General v Goodwin and CIPSA
177
Leave of High Court to appeal to Court of Appeal-refused
90
Bailment
Duty of care of gratuitous bailee
Clarke v Cook Islands Airport Authority
97
Constitution
Decision of Privileges Standing Committee of Parliament void
if inconsistent with Constitution
Robati v Privileges Standing Committee and the Speaker
122
Fundamental rights and freedoms
- provision against cruel and unusual treatment
243
- provision protecting security of the person
Amoa v Police Department
106
Interpretation, principles of
Robati v Privileges Standing Committee and the Speaker
122
Goodwin and CIPSA v Attorney-General (No 2)
134
Statute void because inconsistent with Constitution
Goodwin and Cook Islands Public Service Association v Attorney-General
132
Goodwin and Cook Islands Public Service Association v Attorney-General (No 2) 134
Contract
Breach of contractual duty of solicitors alleged-allegations not upheld on facts
Anderson v Arnold, Brown & Gibson, Tylor and Short & Tylor
231
Deed of indemnity for receiver-extent of liability
241
Illegality
-effect of Development Investment Act 1977
65
34
- effect of Illegal Contracts Act 1987
65
34
- effect of Turnover Tax Act 1980
Ross Holmes Law Partnership v Collector of Inland Revenue
226
Interpretation - party to insure to "full insurable value" - meaning of term
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
102
Miller and Howard v Napa and Ivanson and Fine Foods Ltd 214
Criminal Law and Procedure
Abuse of process -filing of information alleging conspiracy
90
Stace v Pierre and Mitchell (No 2)
100
Appeal
- appeal under s76 Judicature Act 1980-81 subject to principle
against double jeopardy
53
Conspiracy
90
Stace v Pierre and Mitchell (No 2)
100
Costs against the prosecution - principles to be applied
251
Disclosure by police of convictions of prosecution witnesses
106
Discretion of Justice to require matter to be dealt with by Judge - s24(1)
Judicature Act 1980-81
Inland Revenue v P.N.T. Enterprises Ltd
49
DNA analysis -admissibility
106
Sentencing - principles to be applied
251
Custom
See:
Title
Damages
Assessment by appellate court
23
Indemnity - extent of liability to indemnify
Napa and Ivanson v Fine Foods Ltd and Miller and Howard
102
Miller and Howard v Napa and Ivanson and Fine Foods Ltd
214
Use of awards by courts in other countries
23
Domestic Proceedings
Exclusive possession of matrimonial home pending hearing
218
Non-molestation order pending hearing
218
Elections
Breach of secrecy provisions of Electoral Act
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
163
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 2) 180
Candidate, qualifications of
- residence
In re Rakahanga Electoral Roll
201
Corrupt practices
Allegations not investigated by court because of difficulty and divisive effect
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
163
Corrupt practices - Bribery
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3) 180
Corrupt practices - undue influence
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3) 180
Costs-allegations not substantiated - liability for costs
Morris vTapaitau, In re Penrhyn Constituency
204
- entitlement of chief electoral officer when not named as a party
Morris v Tapaitau, In re Penhryn Constituency
204
- entitlement of party to costs for off-shore counsel
Morris v Tapaitau, In re Penrhyn Constituency
204
Election Petition
- must specify grounds relied on, and failure to do so deprives court
of jurisdiction to deal with such matters
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 2) 175
Robati v Piho, Mataio and Elikana, In re Rakanhanga Constituency (No 4) 193
- ineligibility of a signatory
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency 149
- requirement that enquiry must be commence within 14 days directory only
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency 149
Evidence of breaches of law insufficient
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency (No 2)
155
Illiterate Voters
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3) 180
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 4) 193
Irregularities-do not invalidate elections unless they had a material effect
upon the results.
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency (No 2) 155
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3) 180
Security for costs of election petition
- not returnable if allegations not sustained
Morris v Tapaitau, In re Pehryn Constituency
205
Standard of proof to be adopted
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3) 180
Statute requiring public servants to resign before standing for election
unconstitutional
Goodwin and CIPSA v Attorney- General (No 2) 134
Evidence
Certificate of calibration of radar testing device - admissibility
Brown and Atkins v Police Department
86
Certificate of doctor as to medical condition - admissibility
79
Convictions of prosecution witnesses must be disclosed to defence
106
Corroboration of evidence of complainant not necessary -
Evidence Amendment Act (No 2) 1986-87
106
DNA analysis - admissibility
106
Driving under influence of liquor so as to be incapable of proper control -
evidence of expert usual but not necessary
Neale v Cook Islands Police Department
60
Pukeiti v Cook Islands Police Department
260
Radar testing device - admissibility
Cook Islands Police v Richmond
56
Insurance
Duty to insure to "full insurable value" - meaning
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
102
Miller & Howard v Napa and Ivanson and Fine Foods Ltd
214
International Trusts
Fraud
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd (No 2)
210
515 South Orange Grove Owners Association and Others v 515 Orange Grove Partners and Others
220
515 South Orange Grove Owners Association and Others v 515 Orange Grove Partners and Others (No 2)
253
515 South Orange Grove Owners Association and Others v 515 Orange Grove Partners and Others (No 3)
292
Limitation of actions
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd (No 2)
210
Publication of judgments - prohibited without leave of court - leave granted
515 South Orange Grove Partners Association and Others v 515 Orange Grove Partners and Others (No 3)
292
Interpretation
Constitution
Goodwin and CIPSA v Attorney-General
134
Contracts
"full insurable value"
Napa and Ivanson v Fine Foods Ltd and Miller & Howard