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Cook Islands Sessional Legislation |
THE CONSTITUTION OF THE COOK ISLANDS
Analysis
1
Interpretation
PART
I
THE GOVERNMENT OF
THE COOK ISLANDS
2 The Head of
State
The Queen's Representative
3 The Queen's
Representative in the Cook Islands
4
Oath of Office
5 Queen's
Representative
6 Information to
Queen's Representative
7 Deputy to the
Queen's Representative
The House of Arikis of the Cook Islands
8 The House of Arikis of
the Cook Islands
9 Functions of House
of Arikis
10 Members to take Oath of
Allegiance
11 Attendance of Prime
Minister and other persons at House of
Arikis
11A
Procedure
11B Privileges of House of
Arikis and its members
PART
II
THE EXECUTIVE
GOVERNMENT OF THE COOK ISLANDS
12 Executive
authority
Cabinet
13
Cabinet
14 Duration of office of
members of Cabinet
15 Official
Oath
16 Assignment of responsibilities
to Ministers
17 Summoning of
Cabinet
18 Cabinet
procedure
19 When decision of Cabinet
takes effect
20 Secretary to the
Cabinet
21 One Minister may act for
another
The Executive Council
22 Executive
Council
23 Clerk of the Executive
Council
24 Meetings of Executive
Council
25 Consideration of Cabinet
decisions by Executive Council
The Seal of the Cook Islands
26 Seal of the Cook
Islands
THE PARLIAMENT OF THE COOK ISLANDS
27 The Parliament of the
Cook Islands
28 Qualification of
Electors
28A Special
Voting
28B Qualification of
candidates
28C Election of member for
Overseas Constituency
28D Postal
voting for electors of Cook Islands
29
Meetings of Parliament
30 Members to
take oath of Allegiance
31 The Speaker
of Parliament
32 Tenure of Office of
Speaker
33 Deputy
Speaker
34
Procedure
35
Languages
36 Privileges of Parliament
and its members
37 Prorogation and
dissolution of Parliament
38 Clerk of
Parliament
39 Power to make
laws
40 No property to be taken
compulsorily without compensation
41
Power of Legislative Assembly to repeal or amend this
Constitution
42 Introduction of Bills,
etc. Into Parliament
43 Restrictions
with regard to financial matters
44
Assent to Bills by Queen's
Representative
45 Commencement of
Acts
46 New Zealand Parliament not to
legislate for the Cook Islands
PART
IV
THE
JUDICIARY
The High Court of the Cook Islands
47 High Court
established
48 Jurisdiction of
Divisions of the High Court
49 Judges
of the High Court
50 Acting Chief
Justice of the Cook Islands
51 Acting
Judge of the High Court
Appointment, Tenure of Office and Salaries of Judges
52 Appointment of
Judges
53 Tenure of office of
Judges
54 Removal of Judge from
office
55 Salaries of
Judges
56 Court of Appeal
established
57 Number of
Judges
58 Judges not to sit on appeals
from own decisions
59 Determination of
Court of Appeal
60 Jurisdiction of
Court of Appeal
61 Transmission of
order of Court of Appeal
Justices of the Peace
62 Justices of the
Peace
Oath of Allegiance and Judicial Oath
63 Oath of Allegiance and
Judicial Oath
PART
IVA
FUNDAMENTAL
HUMAN RIGHTS AND FREEDOMS
64 Fundamental human
rights and freedoms
65 Construction of
law
66 Saving
PART
V
THE PUBLIC
REVENUES OF THE COOK ISLANDS
67 Public
funds
68 Restriction on
taxation
69 Public
revenue
70 Revenue and expenditure of
Cook Islands Government Account
71
Audit
PART
VI
THE COOK ISLANDS
PUBLIC SERVICE
72 The Cook Islands Public
Service
73 Public Service
Commissioner
74 Term of office of the
Public Service Commissioner
74A
Removal from office of Public Service
Commissioner
74B Functions of Public
Service Commissioner
74BB Exempted
positions
74C Procedure of Public
Service Commissioner
75 Staff of
Queen's Representative
76 Board of
Appeal
PART
VIA
MISCELLANEOUS
PROVISIONS
76A Persons entitled to
permanent residence
76B The
Prerogative of Mercy and Pardon
76C
The Cook Islands Ensign
76D National
Anthem of the Cook Islands
PART
VII
TRANSITIONAL
PROVISIONS
77 Existing law to
continue
78
Repealed
79
Repealed
80 Legislative Assembly of
the Cook Islands
81 Ordinances of
former Legislative Council or Legislative
Assembly
82 The High
Court
83 The Land
Court
84
Repealed
85
Repealed
86 Cook Islands Government
Account
87
Repealed
88 Repealed
FIRST SCHEDULE
Names and Boundaries of
Constituencies together comprising the Islands of Aitutaki, Manuae and
Te-Au-O-Tu, and the Islands of Rarotonga
and Palmerston and the Islands of
Mangaia, and the
lsland of
Atiu
SECOND SCHEDULE
Crimes Disqualifying for
Election to Parliament
THIRD SCHEDULE
The Cook Islands
Ensign
FOURTH SCHEDULE
The National Anthem of the
Cook Islands
-----------------------------------------
THE CONSTITUTION
Interpretation
1
(1) In this Constitution, unless the context otherwise requires-
"Act" means an Act of the [Parliament] of the Cook Islands;
"Cabinet" means the Cabinet of Ministers of the Cook Islands;
"Constitution" means this Constitution; and includes any amendment thereof;
"Constitution Day" means the date appointed for the commencement of this Constitution;
"The Cook Islands" means all islands in the South Pacific Ocean lying between the 8th and 23rd degrees of south latitude and the 156th and 167th degrees of longitude west of Greenwich; and each island of the Cook Islands shall be deemed to include all smaller islands lying within 10 miles of the coasts thereof;
["Court of Appeal" means the Court of Appeal of the Cook Islands established under this Constitution;]
"Enactment" means any Act of the [Parliament] of the Cook Islands, any Ordinance, any Act of Parliament of New Zealand in force in the Cook Islands, and any Proclamation, order, regulation, or rule, or any Island Council Ordinance or bylaw;
"Executive Council" means the Executive Council of the Cook Islands established under this Constitution;
"Existing law" means any law in force in the Cook Islands immediately before Constitution Day; and includes any enactment passed or made before Constitution Day and coming into force on or after Constitution Day;
"High Court" means the High Court of the Cook Islands established under this Constitution;
"Law" means any law for the time being in force in the Cook Islands; and includes this Constitution and any enactment;
"Legislative Assembly" or "Assembly" where it appears in this Constitution or any other enactment means the [Parliament] of the Cook Islands established under this Constitution;
["Minister" means a Minister of the Government of the Cook Islands; and includes the Prime Minister];
"New Zealand" means New Zealand exclusive of the Cook Islands;
"Ordinance" means an Ordinance of the Legislative Assembly of the Cook Islands made before Constitution Day and continuing in force on and after Constitution Day;
["Parliament"] means the [Parliament] of the Cook Islands established under this Constitution, and the term "Legislative Assembly" or "Assembly" where it appears in this Constitution or in any other enactment shall have the same meaning;
["Prime Minister" means the Prime Minister of the Cook Islands];
["Queen's Representative" means the representative of Her Majesty the Queen in the Cook Islands appointed under Article 3 hereof];
["To reside", in relation to the Cook Islands or to any constituency in the Cook Islands, means to have a usual place of abode in the Cook Islands, or, as the case may be, in that constituency, notwithstanding any temporary absence for the purpose of undergoing a course of education or of technical training or instruction, and notwithstanding any occasional absence, for any period not exceeding three months, for any other purpose and "resident" and "residing" have corresponding meanings].
(2)
Where under the provisions of this Constitution any person is required to
subscribe an oath, he shall be permitted, if he so desires,
to comply with that
requirement by taking and subscribing an
affirmation.
(3) Where in this
Constitution reference is made to the functions of any office, that reference
shall, unless the context otherwise
requires, be construed as a reference to the
functions of that office and to any powers and authorities that may lawfully be
exercised
by, and any duties that may be required to be performed by, the holder
of that office.
"Act": The word "Parliament" was substituted for the words "Legislative Assembly" by s 2(1) of the Constitution Amendment (No 9) Act 1980-81 (CI)
"Court of Appeal": This definition was inserted by s 2(2) of the Constitution Amendment (No 9) Act 1980-81 (CI)
"Enactment": The word "Parliament" was substituted for the words "Legislative Assembly" by s 1 7(4) of the Constitution Amendment (No 9) Act 1980-81 (CI)
"High Commissioner": A definition of this term was repealed by s 4(2)(a) of the Constitution Amendment (No 10) Act 1981-82 (CI)
"Land Appellate Court": A definition of this term was repealed by s 2(2) of the Constitution Amendment (No 9) Act 1980-81 (CI)
"Land Court": A definition of this term was repealed by s 2(2) of the Constitution Amendment (No 10) Act 1981-82 (CI)
"Legislative Assembly" or "Assembly": This definition was substituted by s ,2(3) of the Constitution Amendment (No 9) Act 1980-81 (CI)
"Minister": This definition was inserted by s 2(5) of the Constitution Amendment (No 9) Act 1980-81 (CI)
"Prime Minister": This definition was inserted by s 2(6) of the Constitution Amendment (No 9) Act 1980-81 (CI)
"Queen's Representative": This definition was added by s 4(2) of the Constitution Amendment (No 10) Act 1981-82 (CI)
"To reside": This definition was inserted by s 2(7) of the Constitution Amendment (No 9) Act 1980-81 (CI)
PART
I
THE GOVERNMENT OF
THE COOK ISLANDS
The
Head of State
2 Her Majesty the
Queen in right of New Zealand shall be the Head of State of the Cook
Islands.
THE QUEEN'S REPRESENTATIVE
The
Queen's Representative in the Cook Islands
3
(1) There shall be a representative of Her Majesty the Queen in the Cook
Islands, to be known as the Queen's Representative.
(2) The Queen's Representative shall be appointed by Her Majesty the Queen, and shall hold office for a period of three years, and may from time to time be reappointed.
The heading preceding this Article was substituted for the heading "The High Commissioner of the Cook Islands" and this Article was substituted for the original Article 3 by s 2 of the Constitution Amendment (No 10) Act 1981-82 (CI)
Oath
of Office
4
The [Queen's Representative] shall before assuming the functions of his office,
take and subscribe before the [Chief Justice] of
the High Court the following
oath-
I, ............, swear by Almighty God that I will be faithful and bear true allegiance to Her [or His] Majesty [Specify the name of the reigning Sovereign as thus: Queen Elizabeth the Second] as the Head of State of the Cook Islands, heirs and successors, according to law, and that I will uphold the dignity of the office of Queen's Representative, and will justly and faithfully carry out my duties in the administration of the Cook Islands in accordance with the Constitution and the law. So help me God.
The words "Queen's Representative" were substituted for the words "High Commissioner" and also for the words "High Commissioner of the Cook Islands" by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
The words "Chief Justice" were substituted for the words "Chief Judge" by s 2(a) of the Constitution Amendment (No 7) Act 1975 (CI)
Queen's Representative to act on advice
5
(1) Except as otherwise provided in this Constitution, the [Queen's
Representative] in the performance of his functions as the representative
of Her
Majesty the Queen shall act on the advice of Cabinet, the [Prime Minister], or
the appropriate Minister, as the case may be.
(2)
If the Cabinet, the [Prime Minister], or an appropriate Minister tenders advice
to the [Queen's Representative as to the performance
of any function as the
representative] of Her Majesty the Queen and if the [Queen's Representative]
does not, within 14 days after
the date on which the tendering of that advice
comes to his notice, accept that advice or take some other action in relation
thereto
which he is entitled to take under the provisions of this Constitution
or any other law, the [Queen's Representative] shall be deemed
to have accepted
that advice; and an instrument under the hand of the Secretary of the Cabinet,
acting on the instruction of the
[Prime Minister], to that effect shall operate
as to the performance of the function concerned in accordance with that
advice.
The words "Queen's Representative" were substituted for the words
"High Commissioner" in the heading to this Article, in subcl (1), and in three places in subcl (2) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (C.I.)
The words "Prime Minister were substituted for the word "Premier" in subcl (1) and in two places in subcl (2) by s 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CI)
Information
to Queen's Representative
6 It shall be the duty of the [Prime Minister]-
(a) To arrange for the circulation to the [Queen's Representative] of the copies of the agenda and minutes of Cabinet and all other papers laid before Cabinet at the time when they are circulated to Ministers; and
(b) To furnish such information relating to the affairs of the Cook Islands and proposals for legislation as the [Queen's Representative] may call for.
The words "Queen's Representative" were substituted for the words
"High Commissioner" in the heading to this Article and in paras (a) and
(b) s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
The words "Prime Minister" were substituted for the word "Premier"
by s 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CI)
[Deputy
of the Queen's Representative
7
(1) Whenever the office of Queen's Representative is vacant or the holder of
that office is absent from the Cook Islands or is for
any reason unable to
perform any functions conferred on him by law, those functions shall be
performed by the Chief Justice of the
Cook Islands, or, if the Chief Justice is
also for any reason unable to act, those functions shall be performed by the
Judge of the
High Court authorised by Article 50 hereof to exercise the
functions of the Chief Justice.
(2)
Nothing in this Article shall preclude the Queen's Representative from
performing at any time when he is absent from the Cook
Islands any of the
functions conferred on him by
law.
(3) No act done by the Chief
Justice of the Cook Islands, or by the Judge of the High Court exercising the
functions of the Chief
Justice, in the performance of any function of the
Queen's Representative shall be questioned or invalidated on the ground that the
occasion therefor had not arisen or had ceased.]
Article 7 was substituted by s 3 of the Constitution Amendment (No 10) Act 1981-82 (CI)
THE HOUSE OF ARIKIS OF THE COOK ISLANDS
The
House of Arikis of the Cook Islands
8 (1) There shall be a House of Arikis of the Cook Islands (hereinafter referred to as the House of Arikis).
(2)
The House of Arikis shall comprise the following members-
(a) One Ariki representing the Island of Aitutaki and the Island of Manuae;
(b) One Ariki representing the Island of Atiu;
(c) One Ariki representing the Island of Mangaia;
(d) One Ariki representing the Island of Manihiki and the Island of Rakahanga:
Provided that provision may be made by law for the appointment of one Ariki as representing the Island of Manihiki and one Ariki as representing the Island of Rakahanga;
(e) One Ariki representing the Island of Mauke;
(f) One Ariki representing the Island of Mitiaro;
(g) One Ariki representing the Island of Penrhyn;
(h) One Ariki representing the Island of Pukapuka and the Island of Nassau;
(i) Such number of Arikis representing the Island of Rarotonga and the Island of Palmerston, being not more than 6, as is prescribed by law.
(3)
Subject to the provisions of this Article, the members of the House of Arikis
shall be appointed by the [Queen's
Representative].
(4) If there is
for the time being only one Ariki for any of the islands or groups of islands
specified in paragraphs (a) to (h) of
subclause (2) of this Article, that Ariki
shall be appointed to be a member of the House of Arikis as representing that
island or
group; but if there are 2 or more Arikis for any such island or group,
the [Queen's Representative] shall appoint the Ariki for that
island or group
who is nominated for appointment in the manner prescribed by
law.
(5) If there are for the time
being not more than the number of Arikis prescribed by law to be appointed as
representing the group
of islands comprising the Islands of Rarotonga and
Palmerston, those Arikis shall be appointed to be members of the House of Arikis
as representing that group; but, if there are more than the number so
prescribed, the [Queen's Representative] shall appoint the
Arikis for that group
who are nominated for appointment in the manner prescribed by
law.
(6) Subject to the provisions
of this Article, the qualifications of Arikis, the qualification and
disqualification of members of
the House of Arikis, and the terms and conditions
of their membership shall be as prescribed by
law.
(7) If any vacancy occurs in
the office of a member of the House of Arikis, the vacancy shall be filled in
the same manner as an appointment
to that office, and the appointee shall hold
office for the unexpired portion of the term of office of his
predecessor.
The words "Queen's Representative" were substituted for the words "High Commissioner" in subclauses' (3), (4) and (5) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
Functions
of House of Arikis
9
The House of Arikis shall have the following functions-
(a) It shall consider such matters relative to the welfare of the people of the Cook Islands as may be submitted to it by [Parliament] for its consideration, and it shall express its opinion and make recommendations thereon to [Parliament]; and
(b) It shall have such other functions as may be prescribed by law.
The word "Parliament" was substituted for the words "the Legislative Assembly" in para (a) (in two places) by s 6 of the Constitution Amendment (No 9) Act 1980-81 (CI)
Members
to take Oath of Allegiance
10
Except for the purpose of enabling this Article to be complied with, no member
of the House of Arikis shall be permitted to sit
or vote therein until he has
taken and subscribed the following oath before the [Queen's Representative]
namely:
I,................., swear by Almighty God that I will be faithful and bear true allegiance to Her [or His] Majesty [Specify the name of the reigning Sovereign, as thus: Queen Elizabeth the Second] as the Head of State of the Cook Islands Her [or His] heirs and successors, according to law, and that I will justly and faithfully carry out my duties as a member of the House of Arikis of the Cook Islands. So help me God.
The words "Queen's Representative" were substituted for the words
"High Commissioner" by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
Attendance
of [Prime Minister] and other persons at House of Arikis
11
(1) The [Prime Minister] may, at any time, attend and address the House of
Arikis.
(2)
A Minister or a person appointed in that behalf by a Minister may attend the
proceedings of the House of Arikis when any matter
for which the Minister is
responsible is under consideration by the
House.
(3) The presiding member of
the House of Arikis, when in his opinion any matter before the House makes it
desirable, may invite any
member of [Parliament] to attend meetings of the House
relating to that matter.
(4) A
person attending the proceedings of the House of Arikis by virtue of the
provisions of subclause (2) or subclause (3) of this
Article shall be entitled
to take part in the proceedings of the House relating to the matter for which
the Minister has responsibility
or in respect of which he was invited to attend,
as the case may be, as if he were a member of the
House:
Provided that he shall not
be entitled to vote in the House or any of its committees.
The words "Prime Minister" were substituted for the word "Premier" in the heading and in subcl (1) by s 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CI)
The word "Parliament" was substituted for the words "the Legislative Assembly" by s 6 of the Constitution Amendment (No 9) Act 1980-81 (CI)
Procedure
11A
(1) The House of Arikis shall be presided over by one of its members, who shall
be elected by the members of the House in the
manner prescribed by law and shall
hold office for such period and subject to such conditions as may be prescribed
by law.
(2)
The House of Arikis shall meet in Rarotonga at such times as may be prescribed
by law:
Provided that the House of
Arikis shall meet at least once in every period of 12
months.
(3) Meetings of the House
of Arikis shall be summoned by the [Queen's Representative], acting on the
advice of the [Prime
Minister].
(4) No business shall
be transacted at any meeting of the House of Arikis if the number of members
present is less than 8.
(5)
Subject to the provisions of this Constitution and to the provisions of any law,
the House of Arikis may from time to time make,
amend, and repeal Standing
Orders for the regulation and orderly conduct of its proceedings and the
dispatch of business.
(6) Subject
to the provisions of this Article and to the provisions of any law, the House of
Arikis shall determine its own
procedure.
(7) The House of Arikis
shall not be disqualified for the transaction of any business by reason of any
vacancy among its members,
and any proceedings therein shall be valid
notwithstanding that some person who was not entitled to do so sat or voted in
the House
or otherwise took part in the proceedings.
The words "Queen's Representative" were substituted for the words "High Commissioner" by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI).
Privileges
of House of Arikis and its members
11B
Provision may be made by law for the application to the House of Arikis, its
members and officers, persons entitled to speak therein,
and persons publishing
by or under the authority of the House any report, paper, vote, or proceeding of
any of the provisions of
any law for the time being in force relating to the
privileges and immunities of [Parliament], its members and officers, persons
entitled to speak therein, and any persons publishing by or under the authority
of [Parliament] any report. paper, vote, or proceeding.
The word "Parliament" was substituted for the words "the Legislative Assembly" and also for the words "the Assembly" by S.6 of the Constitution Amendment (No 9) Act 1980-81 (CI).
PART
II
THE EXECUTIVE
GOVERNMENT OF THE COOK ISLANDS
Executive
authority
12
(1) The executive authority of the Cook Islands shall be vested in Her Majesty
the Queen in right of New Zealand.
(2)
Subject to the provisions of this Constitution, the executive authority of the
Cook Islands may be exercised on behalf of Her
Majesty by the [Queen's
Representative] either directly or through officers subordinate to
him.
(3) Nothing in this Article
shall prevent [Parliament] from conferring functions on persons or authorities
other than the [Queen's
Representative].
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (2) and (3) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
The word "Parliament" was substituted for the words "the Legislative Assembly" in subcl (3) by s 6 of the Constitution Amendment ('No 9) Act 1980-81 (CI).
CABINET
Cabinet
13
[(1) There shall be a Cabinet of Ministers, comprising the [Prime Minister] of
the Cook Islands (who shall preside over Cabinet)
and not fewer than 6 nor more
than 8 other Ministers, which shall have the general direction and control of
the executive government
of the Cook Islands, and shall be collectively
responsible to Parliament.]
(2)
The [Prime Minister] shall he appointed as follows-
(a) If the appointment is to be made while [Parliament] is in session, the [Queen's Representative] shall appoint as [Prime Minister] a member of [Parliament] who commands the confidence of a majority of the members of [Parliament].
(b) If the appointment is to be made while [Parliament] is not in session, the [Queen's Representative] shall appoint as [Prime Minister] a member of [Parliament] who in the opinion of the [Queen's Representative], acting in his discretion, is likely to command the confidence of a majority of the members of [Parliament].
(c) If the appointment is to be made after a dissolution of [Parliament] and before the holding of a general election of [Parliament] following that dissolution, the [Queen's Representative] shall appoint as [Prime Minister] a person who was a member of [Parliament] immediately before that dissolution and who in the opinion of the [Queen's Representative], acting in his discretion, is likely to command the confidence of a majority of the persons who were members of [Parliament] immediately before that dissolution:
Provided
that where [Parliament] has been dissolved pursuant to subclause (2) of Article
37 hereof, the [Queen's Representative] shall
appoint as [Prime Minister] a
person who was a member of [Parliament] immediately before that dissolution and
who in the opinion
of the [Queen's Representative] acting in his discretion, is
capable of performing the functions of the [Prime Minister].
(3)
The Ministers other than the [Prime Minister] shall be appointed by the [Queen's
Representative] on the advice of the [Prime Minister].
No person shall be so
appointed unless-
(a) He is a member of [Parliament]; or
(b) If the appointment is to be made after a dissolution of [Parliament] and before the holding of the general election of [Parliament] following that dissolution, he was a member of [Parliament] immediately before that dissolution; or
(c) If the appointment is to be made after the holding of a general election of [Parliament] and before the commencement of the first session of [Parliament] following that election, he was elected as a member of [Parliament] at that election.
(4)
Appointments under the provisions of this Article shall be made by instrument
under the Seal of the Cook
Islands.
(5) If any employee of
the Cook Islands Public Service is appointed to be a Minister, he shall
forthwith be deemed to have vacated
his office as an employee of that
Service.
Subclause (1) was substituted by section 2 of the Constitution Amendment (No 14) Act 1991
The words "Prime Minister" were substituted for the word "Premier" in subcl (1), in subcl (2) (in six places), and in subcl (3) (in two places) by s 18(2) of the Constitution Amendment (No 9) Act 1980-81 (CI).
The word "Parliament" was substituted for the words, "the Legislative Assembly" in subcls (2) (in four places), and (3)(in three places) and also for the words "the Assembly" in subcls (2) (in eight places) and (3) (in three places) by s 6 of the Constitution Amendment (No 9) Act 1980-81 (CI)
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (2) (in seven places) and (3) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
Duration of
office of members of Cabinet
14
[(1) The appointment of the Prime Minister who is in office immediately before
the date of the holding of a general election of
Parliament may be terminated by
the Queen's Representative after the date of that election and before the date
of the commencement
of the first session of Parliament following that election
if it appears to the Queen's Representative, acting in his discretion,
that the
Prime Minister is unlikely to command the confidence of a majority of the
members of Parliament.]
(2)
Repealed by section 2(b) of the Constitution Amendment (No 15) Act
1993.
(3) The appointment of the
[Prime Minister] shall also be terminated by the [Queen's
Representative]-
(a) If the [Prime Minister] ceases to be a member of [Parliament] for any reason other than the dissolution of [Parliament]; or
(b) If [Parliament] passes a motion in express words of no confidence in Cabinet or if Cabinet is defeated on any question or issue which the [Prime Minister] has declared to be a question or issue of confidence:
Provided that, if after the passing of such motion or after that defeat the [Prime Minister] so requests, the [Queen's Representative], acting in his discretion, may dissolve [Parliament] instead of terminating the appointment of the [Prime Minister]; or
(c) If the [Prime Minister] resigns his office by writing under his hand delivered to the [Queen's Representative]; or
(d) If the [Prime Minister] is absent from the Cook Islands otherwise than on official business for a period of more than 3 months without written authority given by the [Queen's Representative], acting in his discretion.
(4)
The office of any other Minister shall become vacant-
(a) If the appointment of the [Prime Minister] has been terminated under the provisions of subclause (1) or subclause (2) or subclause (3) of this Article; or
(b) If the appointment of the Minister to that office is revoked by the [Queen's Representative], acting on the advice of the [Prime Minister], by instrument under the Seal of the Cook Islands; or
(c) If the Minister ceases to be a member of [Parliament] for any reason other than the dissolution of Parliament; or
(d) If the Minister resigns his office by writing under his hand delivered to the [Queen's Representative].
(5) Whenever, by reason of illness or of absence from the Cook Islands, the [Prime Minister] is temporarily prevented from performing, in the Cook Islands, the functions of his office, the [Queen's Representative] may, by instrument under the Seal of the Cook Islands, appoint another Minister to perform those functions until such time as the [Prime Minister] is capable of again performing them or has vacated his office.
(6)
The power conferred on the [Queen's Representative] under the provisions of
subclause (5) of this Article shall be exercised by
the Queen's Representative],
acting in his discretion, if in his opinion it is impracticable to obtain the
advice of the [Prime Minister]
by reason of the illness or absence of the [Prime
Minister], and, in any other case, shall be exercised by the [Queen's
Representative],
acting on the advice of the [Prime
Minister].
(7) The [Queen's
Representative], acting on the advice of the [Prime Minister], may, by
instrument under the Seal of the Cook Islands-
(a) Declare a Minister to be by reason of illness temporarily incapable of performing his functions as a Minister; or
(b) Suspend a Minister during the period of any investigation or inquiry into the conduct of that Minister.
(8) Any Minister in respect of whom action has been taken under the provisions of subclause (7) of this Article shall not perform any of the functions of his office or sit in or otherwise take part in the proceedings of Cabinet or of the Executive Council until the [Queen's Representative], acting on the advice of the [Prime Minister], has revoked the aforesaid instrument under the Seal of the Cook Islands.
Subclause (1) was substituted by section 2(a) of the Constitution Amendment (No 15) Act 1993
Subclause (2) was repealed by section 2(b) of the Constitution Amendment (No 15) Act 1993
The words "Prime Minister" were substituted for the word "Premier" in subcl (2) (in two places), (3) (in seven places),(4) (8) by s 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CI)
The word "Parliament" was substituted for the words, "the Legislative Assembly" in subcls (1), (in two places), (2), (3)(in three places) and (4) and also for the words "the Assembly" in subcls (1) (3) and (4) by s 6 of the Constitution Amendment (No 9) Act 1980-81 (CI)
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (1), (2), (3) (in four places), (4) (in two places), (5), (6) (in three places), (7), and (8) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
Official
Oath
15
Every Minister shall, before assuming the functions of his office, take and
subscribe before the [Queen's Representative] the following
oath:
I,........., being chosen and accepted as [Prime Minister] (or a Minister) and member of Cabinet, swear by Almighty God that I will to the best of my judgement, at all times when thereto required, freely give my counsel and advice to the [Queen's Representative], for the good management of the affairs of the Cook Islands and that I will not directly or indirectly reveal such matters as shall be debated in Cabinet and committee and in Executive Council and committed to my secrecy, but that I will in any such things be a true and faithful [Prime Minister] (or Minister). So help me God.
The words "Prime Minister" were substituted for the word "Premier" in subcls (1) and (2) by s 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CI).
Assignment
of responsibilities to Ministers
16
(1) The [Prime Minister] may, by direction in writing under his hand-
(a) Charge any Minister with the responsibility for any Department or subject; and
(b) Revoke or vary any direction given under the provisions of this subclause.
(2) The [Prime Minister] may retain in his charge any Department or subject.
The words "Prime Minister', were substituted for the word "Premier"(in two places) by s 3(3) of the Constitution Amendment (No 9) Act 1980-81) (CI)
For the manner in which the Attorney-General is appointed, see the Crown Law Office Act 1980
Summoning of Cabinet
17
Cabinet shall be summoned only by the [Prime Minister], or in his absence, by
such Minister as the [Prime Minister] appoints in
that behalf.
The words "Prime Minister" were substituted for the word "Premier"(in two places) by s 3(3) of the Constitution Amendment (No 9) Act 1980-81) (CI)
Cabinet
procedure
18
(1) Subject to the provisions of this Constitution, Cabinet may regulate its
procedure (including the fixing of a quorum) in such
manner as it thinks
fit.
(2) Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the number of its members, and any proceedings of Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Cabinet or otherwise took part in the proceedings.
(3) It shall be the duty of the Prime Minister], if the [Queen's Representative], acting in his discretion, so requires, to submit for the consideration of Cabinet any matter on which a decision has been taken by a Minister (including the [Prime Minister]) but which has not been considered by Cabinet.
(4)
A decision of Cabinet shall be recorded in minutes, which shall, under the hand
of the Secretary of the Cabinet, be communicated
to the [Queen's Representative]
within 48 hours of the making of the decision or, if the decision is one to
which paragraph (c) of
subclause (1) of Article l9 hereof applies, within 24
hours of the making of the
decision.
(5) A decision of
Cabinet shall not take effect except under the provisions of Article 19
hereof.
The words "Prime Minister" were substituted for the word "Premier" (in two places) by s 3(3) of the Constitution Amendment (No 9) Act 1980-81) (CI)
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (3) and (4) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
When
decision of Cabinet takes effect
19
(1) A decision of Cabinet shall take effect-
(a) On its approval by the [Queen's Representative], acting in his discretion; or
(b) On the expiry of 4 days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 25 hereof; or
(c) If the issue involved in the decision is, in the opinion of Cabinet, of extreme urgency, on the expiry of 2 days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 25 hereof; or
(d) Under the provisions of Article 25 hereof.
(2) For the purposes of paragraphs (b) and (c) of subclause (1) of this Article, the date of a decision of Cabinet shall be the date on which the minutes in which the decision is recorded are communicated to the [Queen's Representative] under the provisions of subclause (4) of Article 18 hereof.
(3) An instrument under the hand of the Secretary of the Cabinet certifying that a decision of Cabinet has taken effect shall be conclusive evidence that that decision has taken effect.
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (I) and (2) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
Secretary
to the Cabinet
20
[There shall be a Secretary to the Cabinet, who shall be appointed under Article
74BB hereof.]
Article 20 was substituted by s 4 of the Constitution Amendment (No 9) Act 1980-81 (CI)
One
Minister may act for another
21
In this Constitution and in every enactment, unless the context otherwise
requires, words directing or empowering any Minister
to do any act or thing, or
otherwise applying to him by his title of office, include any other Minister
acting for, or, if the office
is vacant, in the place of that first-mentioned
Minister, and also his .successors in that office.
Executive
Council
22 (1) There shall be an
Executive Council of the Cook Islands, which shall consist of-
(a) The [Queen's Representative]; and
(b) The members of Cabinet.
(2) No business shall be transacted at any meeting of the Executive Council unless there are present the [Queen's Representative] and at least 3 members of Cabinet or, if there are for the time being only 4 members of Cabinet, unless there are present the [Queen's Representative] and at least 2 members of Cabinet.
(3) Subject to the provisions of this Constitution, the Executive Council may regulate its procedure in such manner as it thinks fit.
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls(l) and (2) (in two places) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
Clerk
of the Executive Council
23
The Secretary to the Cabinet shall also be the Clerk of the Executive
Council.
Meetings
of Executive Council
24
The Executive Council shall be summoned only by the [Queen's
Representative],acting in his discretion, or by the [Prime Minister].
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcl (3) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
The words "Prime Minister" were substituted for the word "Premier" by s 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CI)
Consideration
of Cabinet decisions by Executive Council
25
(1) A meeting of the Executive Council may be summoned to consider any decision
recorded in the minutes of a Cabinet meeting.
(2)
If at a meeting of the Executive Council thus summoned the [Queen's
Representative], acting in his discretion, concurs in the
decision concerned,
that decision shall take effect as a decision of
Cabinet.
(3) If at a meeting of
the Executive Council thus summoned the [Queen's Representative], acting in his
discretion, does not concur
in the decision concerned or requests any amendment
thereto, Cabinet shall thereupon be summoned under the provisions of Article
17
hereof and requested to reconsider that
decision.
(4) If Cabinet after
that reconsideration reaffirms its original decision or accepts the amendment
requested by the [Queen's Representative],
the original decision or the decision
as so amended, as the case may be, shall forthwith take effect as a decision of
Cabinet.
(5) If Cabinet, after the reconsideration adopts a decision which incorporates an amendment to its original decision, other than an amendment requested by the [Queen's Representative], the decision as so amended shall operate as a new decision of Cabinet to which the provisions of subclauses (4) and (5) of Article 18 hereof shall apply.
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (2), (3), (4) and (5) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
THE SEAL OF THE COOK ISLANDS
Seal of
the Cook Islands
26
(1) There shall be a Public Seal of the Cook Islands (in this Constitution
referred to as the Seal of the Cook Islands), to be
in such form or forms as the
Executive Council from time to time approves.
(2)
The Seal shall be in the custody of the [Queen's
Representative].
(3) The Seal may
be used by the [Queen's Representative] for the authentication of any public
document in relation to the government
of the Cook Islands or for the execution
of any document required by law to be executed under the Seal of the Cook
Islands.
(4) Judicial notice shall
be taken of the Seal in all Courts in the Cook Islands and in New Zealand
(including Niue and the Tokelau
Islands).
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (2) and (3) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
PART III
THE PARLIAMENT OF THE COOK ISLANDS
Part 111 was substituted for the original Part 111 (except Article 41) by s 5 of the Constitution Amendment (No 9) Act 1980-81 (CI). The original Article 41 was not repealed by that section, and continues in force.
[The
Parliament of the Cook Islands
27
(1) There shall be a sovereign Parliament for the Cook Islands, to be called the
Parliament of the Cook Islands.
[(2)
Parliament shall consist of 25 members, to be elected by secret ballot under a
system of universal suffrage by the electors of
the following islands or group
of islands or areas and in the following numbers-]
(a) The Island of Aitutaki and the Islands of Manuae and Te-Au-O-Tu, 3 members, being 1 member for each of the 3 constituencies together comprising those islands, having the names and boundaries set out in Part I of the First Schedule to this Constitution;
(b) The Island of Atiu, 2 members, being I member for each of the 2 constituencies having the names and boundaries set out in Part IV of the First Schedule to this Constitution;
(c) The Island of Mangaia, 3 members, being 1 member for each of the 3 constituencies having the names and boundaries set out in Part III of the First Schedule to this Constitution;
(d) The Island of Manihiki, 1 member;
(e) The Island of Mauke, 1 member;
(f) The Island of Mitiaro, 1 member;
(g) The Island of Penrhyn, 1 member;
(h) The Island of Pukapuka and the Island of Nassau, 1 member;
(i) The Island of Rakahanga, 1 member;
(j) [The Island of Rarotonga and the Island of Palmerston, 10 members, being 1 member for each of the 10 constituencies together comprising those islands, having the names and boundaries set out in Part II of the First Schedule to this Constitution;]
(k) The Islands comprising New Zealand and all other areas outside the Cook Islands, 1 member (that constituency being hereinafter referred to as the Overseas Constituency).
(3) Subject to this Article and Articles 28, 28A, 28B, and 28C and 28D hereof, the qualifications and disqualifications of electors and candidates, the mode of electing members of Parliament, and the terms and conditions of their membership shall be as prescribed by Act.
Subclause (2) of this Article was substituted by section 3 of the Constitution Amendment (No 14) Act 1991
Paragraph (j) of subclause (2) was substituted by section 3(2) of the Constitution Amendment (No 14) Act 1991
[Qualification
of electors
28
(1) Without limiting the provisions of any law prescribing any additional
qualifications not inconsistent with any provision of
this Constitution, a
person shall be qualified to be an elector for the election of a Member of
Parliament for any constituency other
than the Overseas Constituency, if, and
only if-
(a) He is a Commonwealth citizen, or he has the status of a permanent resident of the Cook Islands as defined by Act; and
(b) He has been resident in the Cook Islands throughout the period of three months immediately preceding his application for enrolment as an elector and has not subsequently qualified as an elector under subclause (2) of this Article; and
(c) He has at some period actually resided continuously in the Cook Islands for not less than 12 months.
(2)
Without limiting the provisions of any law prescribing any additional
qualifications not inconsistent with any provision of this
Constitution, a
person shall be qualified to be an elector for the election of a Member of
Parliament for the Overseas Constituency,
if, and only if-
(a) He is a Commonwealth citizen, or he has the status of a permanent resident of the Cook Islands as defined by Act; and
(b) He has resided outside the Cook Islands throughout the period of 3 months immediately preceding his application for enrolment as an elector; and
(c) At the date of his application for enrolment as an elector he has been absent from the Cook Islands for a continuous period of not more than 3 years, and has, and has had ever since he left the Cook Islands, an intention to return and reside therein indefinitely; and
(d) He has at some period actually resided continuously in the Cook Islands for not less than 12 months.
(3) Where any person has ceased to be qualified to be enrolled as an elector for any constituency by reason of his residence outside the Cook Islands for a period of more than 3 years, he shall not be entitled to apply for enrolment as an elector of any constituency unless he has returned to the Cook Islands and has actually resided in the Cook Islands throughout the continuous period of not less than 3 months.
(4) In calculating for the purposes of paragraph (c) of subclause (2) or of subclause (3) of this Article the [[period for]] which any person has been outside the Cook Islands-
(a) Any period for which he has been outside the Cook Islands for the purpose of undergoing a course of education or of technical training or instruction shall be disregarded; and
(b) His absence from the Cook Islands during any period shall be deemed to be continuous, notwithstanding any visit to the Cook Islands in that period, unless during that visit he remained in the Cook Islands for a continuous period of not less than 3 months.
In subcl (4) the words "period for" were substituted for the words "period of " by s 6 of the Constitution Amendment (No 10) Act 198182 (CI)
[Special voting
28A
(1) Any person who is enrolled as an elector of any constituency may vote as a
special voter at an election of Members of Parliament,
if, on polling day, he is
absent from the constituency for which he is enrolled.
(2)
Any person who is enrolled as an elector of a constituency other than the
Overseas Constituency and who is outside the Cook Islands
on polling day but has
not qualified for enrolment as an elector of the Overseas Constituency may vote
outside the Cook Islands,
as a special voter, for the constituency for which he
is enrolled.
(3) Any person who is
enrolled as an elector of the Overseas Constituency and who is in the Cook
Islands on polling day may vote for
that constituency as a special voter, at any
polling place in the Cook
Islands.
(4) A special voter may
vote at such place (whether a polling place or not), at such time, in such
manner, and upon and subject to
such conditions as may be prescribed by
Act.
(5) Nothing in this Article
shall effect the right of an elector of any constituency to vote by postal vote
at an election of a member
representing that constituency conducted by postal
vote pursuant to Article 28C hereof in the case of the Overseas Constituency and
Article 28D hereof in the case of any other constituency.
[Qualification
of candidates
28B
(1) Notwithstanding anything in subclause (2) of this Article, a person shall
not be qualified to be a candidate at an election
of members of Parliament
if-
(a) He is not an elector duly enrolled pursuant to the provisions of an Act of Parliament; or
(b) He has been adjudicated bankrupt within the meaning of the bankruptcy laws in force in the Cook Islands (whether before or after the commencement of this Article), unless he has obtained an order of discharge; or
(c) He has been convicted (whether before or after the commencement of this Article) of any of the offences specified in Part I of the Second Schedule to this Constitution; or
(d) He has been convicted (whether before or after the commencement of this Article) of any of the offences specified in Part II of the Second Schedule to this Constitution, unless a period of 5 years has elapsed from the date of his conviction.
(2)
Subject to subclause (1) of this Article-
(a) Every person enrolled as an elector of any constituency shall be capable of being elected as a member for that constituency or for any other constituency;
(b) In the case of any by-election of any constituency, a person shall be capable of being elected as a member for that constituency if he was enrolled as an elector on the roll of any constituency at the preceding general election, and at the time of nomination still possesses the qualifications to be enrolled as an elector.
[Election
of member for Overseas Constituency
28C
The following provisions shall apply with respect to the member representing the
Overseas Constituency-
(a) He shall be elected by persons who are for the time being residing in New Zealand or elsewhere outside the Cook Islands who are qualified as electors under subclause (2) of Article 28 and are enrolled as electors of that constituency; and
(b) His election shall be by postal vote, special vote, or by vote cast at one or more polling places situated outside the Cook Islands, as prescribed by Act. The procedure for conducting any such election by postal vote, special vote, or at one or more polling places outside the Cook Islands shall be prescribed by Act.
This Article did not come into force until the date of the first general election of Parliament held after the commencement of the Constitution Amendment (No 9) Act 1980-81, except so far as was necessary for the purposes of that election. See s 17(1) of that Act. The first general election held after the commencement of that Act was held on the 30th March 1983
[Postal
voting for electors of Cook Islands Constituencies
28D
Provision may be made by Act for any elector of a constituency other than the
Overseas Constituency who is outside the Cook Islands
on polling day to vote by
postal vote at any election of a member representing the constituency for which
the elector is enrolled.
Meetings
of Parliament
29
(1) Parliament shall meet at such places and at such times as the [[Queen's
Representative] from time to time appoints in that
behalf:
Provided that Parliament shall meet not later than 90 days after the holding of a general election and at least once in every year thereafter, so that a period of 12 months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.
(2) Notwithstanding anything contained in subclause (1) of this Article, Parliament shall not meet after the holding of a general election until all election petitions filed in the High Court in respect of that election have been finally determined [[by the High Court at first instance or have been withdrawn or dismissed for want of prosecution]].
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcl (1) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)).
The words in double square brackets in subcl (2) were added by s 3 of the Constitution Amendment (No 11) Act l 982 (CI).
[Members
to take Oath of Allegiance
30
Except for the purposes of enabling this Article to be complied with and for the
election of a Speaker, no member of Parliament
shall be permitted to sit or vote
therein until he has taken and subscribed the following oath before the Speaker
of Parliament namely:
I,.............., swear by Almighty God that I will be faithful and bear true allegiance to Her [or His] Majesty [Specify the name of the reigning Sovereign, as thus: Queen Elizabeth the Second] as the Head of State of the Cook Islands, Her [or His] heirs and successors, according to law and that I will justly and faithfully carry out my duties as a member of Parliament of the Cook Islands. So help me God.
[The
Speaker of Parliament
31
(1) Parliament shall, immediately when it first meets after a general election
and as soon as possible after any vacancy occurs
in the office of Speaker
otherwise than by reason of a dissolution of Parliament, and before it proceeds
to the dispatch of any other
business, elect a person (not being a Minister) to
be Speaker of Parliament.
(2)
The Speaker may be elected in such manner as Parliament decides from time to
time, either from among the members of Parliament
who are not Ministers or from
among persons who are not members of
Parliament:
Provided that a person
who is not a member of Parliament shall not be elected Speaker unless he is
qualified for election as a member
of
Parliament.
(3) Before a person
who has been elected Speaker enters upon the duties of his office, he shall,
unless he has already done so in
accordance with Article 30 hereof, take and
subscribe before the [[Queen's Representative]] the Oath of Allegiance
prescribed in
that Article substituting the word "Speaker" for the words "a
member" where they appear in that
oath.
(4) The salary of the
Speaker shall be determined by enactment, and shall be charged on the Cook
Islands Government Account
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcl (3) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
[Tenure
of office of Speaker
32
The Speaker may at any time resign his office by writing under his hand
addressed to the Clerk of Parliament, and shall vacate
his office-
(a) On the dissolution of Parliament next following his election; or
(b) If he becomes a Minister; or
(c) If, being a member of Parliament at the time of his election, he ceases to be a member; or
(d) If, not being a member of Parliament at the time of his election, he ceases to be qualified for election as a member, or
(e) If Parliament passes a resolution supported by the votes of not less than two-thirds of all the members thereof (including vacancies) requiring his removal from office.
[Deputy
Speaker
33
(1) Parliament may elect a member of Parliament, not being the Speaker or a
Minister, to be Deputy Speaker.
(2)
The Deputy Speaker may at any time resign his office by writing under his hand
addressed to the Clerk of Parliament, and shall
vacate his
office-
(a) On the dissolution of Parliament next following his election; or
(b) If he ceases to be a member of Parliament; o
(c) If he becomes a Minister; or
(d) If he is elected Speaker; or
(e) If Parliament passes a resolution supported by the votes of not less than two-thirds of all the members thereof (including vacancies) requiring his removal from office.
(3)
Subject to the provisions of this Constitution and of the Standing Orders of
Parliament, the functions conferred by this Constitution
or those Standing
Orders upon the Speaker shall, if there is no person holding the office of
Speaker or if the Speaker is absent
from the Cook Islands or is otherwise unable
to perform those functions, be performed by the Deputy Speaker.
[Procedure
34
(1) The Speaker, or in his absence the Deputy Speaker, shall preside over
sittings of Parliament. In the absence from any sitting
of both the Speaker and
Deputy Speaker, the members present shall choose one of their number (not being
a Minister) to preside over
that sitting.
(2)
Subject to the provisions of Article 41 hereof and of subclause (3) of this
Article, every question before Parliament shall be
decided by a majority of the
votes of the members present.
(3)
The person presiding over any sitting of Parliament shall not have a
deliberative vote, but in case of an equality of votes, he
shall have a casting
vote.
(4) No business shall be
transacted at any sitting of Parliament if the number of members present
(excluding the Speaker if he is
a member) is less than
12.
(5) Subject to the provisions
of this Constitution, Parliament may from time to time make, amend, and repeal
Standing Orders for the
regulation and orderly conduct of its proceedings and
the dispatch of business.
(6)
Parliament shall not be disqualified for the transaction of business by reason
of any vacancy among its members including any
vacancy not filled at a general
election, and any proceedings therein shall he valid notwithstanding that some
person who was not
entitled to do so sat or voted in Parliament or otherwise
took part in the proceedings.
[Languages
35
(1) All debates and discussions in Parliament shall be conducted in the Maori
language as spoken in Rarotonga and also in the English
language.
(2)
Every Bill introduced into Parliament and every Act shall be in the Maori
language as spoken in Rarotonga and also in the English
language:
Provided that Parliament
may, by resolution, determine that any Bill or Act shall be in the English
language only.
(3) The records of
proceedings in Parliament, or in committees thereof shall be in the English
language, and such of those records
as are specified in the Standing Orders of
Parliament shall also be in the Maori language as spoken in
Rarotonga.
(4) Where there is any
conflict between the Maori version and the English version of any Bill or Act or
of any such record, the English
version shall prevail.
Privileges
of Parliament and of its members
36
(1) The validity of any proceedings in Parliament or in any committee thereof
shall not be questioned in any Court.
(2)
No officer or member or Speaker of Parliament in whom powers are vested for the
regulation of procedure or the conduct of business
or the maintenance of order
shall in relation to the exercise by him of any of those powers be subject to
the jurisdiction of any
Court.
(3)
No member or Speaker of Parliament and no person entitled to speak therein shall
be liable to any proceedings in any Court in
respect of anything said or any
vote given by him in Parliament or in any committee
thereof.
(4) No person shall be
liable to any proceedings in any Court in respect of the publication by or under
the authority of Parliament
of any report, paper, vote or
proceeding.
(5) Subject to the
provisions of this Article, the privileges of Parliament and of the committees
thereof, and the privileges of members
and the Speaker of Parliament and of the
persons entitled to speak therein may be determined by Act:
Provided that no such privilege of Parliament or of any committee thereof may extend to the imposition of a fine or to committal to prison for contempt or otherwise, unless provision is made by enactment for the trial and punishment of the person concerned by the High Court.
[Prorogation
and dissolution of Parliament
37
(1) The [[Queen's Representative]] may at any time, by notice published in the
Cook Islands Gazette, prorogue Parliament.
(2)
If at any time the office of [[Prime Minister]] is vacant, the [[Queen's
Representative]] shall by notice published in the Cook
Islands Gazette, dissolve
Parliament as soon as he is satisfied, acting in his discretion, that a
reasonable period has elapsed since
that office was last vacated and that there
is no member of Parliament who commands the confidence of a majority of the
members.
(3) The [[Queen's
Representative]] may at any time, by notice published in the Cook Islands
Gazette, dissolve Parliament if he is
advised by the [[Prime Minister]] to do
so, but shall not be obliged to act in this respect in accordance with the
advice of the
[[Prime Minister]] unless the [[Queen's Representative]] is
satisfied, acting in his discretion, that in tendering that advice the
[[Prime
Minister]] commands the confidence of a majority of the members of
Parliament.
(4) Notwithstanding
anything in the foregoing provisions of this Article, Parliament shall not be
prorogued or dissolved before all
electoral petitions filed in the High Court in
respect of the last preceding general election of members have been finally
determined
[[by the High Court at first instance or have been withdrawn or
dismissed for want of
prosecution]].
(5) The [[Queen's
Representative] shall dissolve Parliament at the expiration of 5 years from the
date of the last preceding general
election, if it has not sooner been
dissolved.
(6) There shall be a
general election of the members of Parliament at such a time within 3 months
after every dissolution of Parliament
as the [[Queen's Representative]] appoints
by notice published in the Cook Islands Gazette.
[[(7) (a) No Bill repealing or amending or modifying or extending subclause (5) of this Article or this subclause or making any provision inconsistent with any provision of the said subclause (5) or this subclause shall be deemed to have been passed by Parliament, unless-
(i) At both the final vote thereon and the vote preceding that final vote it receives the affirmative vote of not less than two-thirds of the total membership (including vacancies) of Parliament; and
(ii) There is an interval of not less than 90 days between the date on which that final vote was taken and the date on which the preceding vote was taken; and,
[[(b) No such Bill shall be presented to the [Queen's Representative] for his assent, unless-
(i) It has been passed by Parliament in accordance with the foregoing provisions of this subclause; and
(ii) It has been submitted to a poll, conducted in a manner prescribed by law, of the persons who are entitled to vote as electors at a general election of members of Parliament; and
(iii) It has been supported by not less than two thirds of the valid votes cast in such a poll; and
(iv) It is accompanied by a certificate under the hand of the Speaker to that effect]].
The words "Queen's Representative " were substituted for the words "High Commissioner" in subcls (1), (2), (3) (in two places) (5), and (6) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
The words in square brackets were added to subcl (4) by s 4(a) of the Constitution Amendment (No 11) Act 1982 (CI)
Subcl (7) was added by s 4(b) of the Constitution Amendment (No 11)Act 1982 (CI)
[Clerk
of Parliament
38
(1) There shall be a Clerk of Parliament.
(2) The Clerk shall keep a record of the proceedings of Parliament and shall transmit a copy of those records to the [[Queen's Representative]] as soon as practicable.
The words "Queen's Representative" were substituted for the words "High Commissioner" in subcl (2) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
[Power
to make laws
39
(1) Subject to the provisions of this Constitution, Parliament may make laws (to
be known as Acts) for the peace, order, and good
government of the Cook
Islands.
(2)
The powers of Parliament shall extend to the making of laws having
extraterritorial operation.
(3)
Without limiting the generality of the power conferred by subclause (1) of this
Article to make laws for the peace, order, and
good government of the Cook
Islands, that power shall, subject to the provisions of this Constitution,
include the repeal or revocation
or amendment or modification or extension, in
relation to the Cook Islands, of any law in force in the Cook
Islands.
(4) Except to the extent
to which it is inconsistent with this Constitution, no Act and no provision of
any Act shall be deemed to
be invalid solely on the ground that it is
inconsistent with any law in force in the Cook
Islands.
[[(5) For the avoidance
of doubt, it is hereby declared that the power conferred on the Legislative
Assembly of the Cook Islands by
Article 39 of this Constitution (as originally
enacted) to make laws for the peace, order, and good government of the Cook
Islands
always conferred on that Assembly power to make laws, notwithstanding
anything in Article 46 of this Constitution (as originally
enacted), declaring
that any specified Act of the Parliament of New Zealand or any regulations,
rules, or order under any Act of
that Parliament should extend to the Cook
Islands as part of the law of the Cook Islands]].
Subcl (5) was added by s 7 of the Constitution Amendment (No 10) Act 1981-82 (CI)
[No
property to be taken compulsorily without compensation
40
(1) No property shall be taken possession of compulsorily, and no right over or
interest in any property shall be acquired compulsorily,
except under the law,
which of itself or when read with any other law-
(a) Requires the payment within a reasonable time of adequate compensation therefor; and
(b) Gives to any person claiming that compensation, a right of access, for the determination of his interest in the property and the amount of compensation, to the High Court; and
(c) Gives to any party to proceedings in the High Court relating to such a claim the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a Court of original jurisdiction.
(2)
Nothing in this Article shall be construed as affecting any general
law-
(a) For the imposition or enforcement of any tax, rate or duty; or
(b) For the imposition of penalties or forfeitures for breach of the law, whether under civil process or after conviction of an offence; or
(c) Relating to leases, tenancies, mortgages, charges, bills of sale, or any other rights or obligations arising out of contracts; or
(d) Relating to the vesting and administration of the property of persons adjudged bankrupt or otherwise declared insolvent, of infants or persons suffering under some physical or mental disability, of deceased persons, and of companies, other corporate bodies and unincorporated societies, in the course of being wound up; or
(e) Relating to the execution of judgments or orders of Courts; or
(f) Providing for the taking of possession of property which is in a dangerous state or is injurious to the health of human beings, plants or animals; or
(g) Relating to trusts and trustees; or
(h) Relating to the limitation of actions; or
(i) Relating to property vested in statutory corporations; or
(j) Relating to the temporary taking of possession of property for the purposes of any examination, investigation, or inquiry; or
(k) Providing for the carrying out of work on land for the purpose of soil conservation or for the protection of water catchment areas].
[Power
of Legislative Assembly to repeal or amend this Constitution
41
(1) Subject to the provisions of subclause (2) of this Article, no Bill
repealing or amending or modifying or extending this Constitution
or any
provision thereof or making any provision inconsistent with any provision of
this Constitution shall be deemed to have been
passed by the Assembly,
unless-
(a) At both the final vote thereon and the vote preceding that final vote it receives the affirmative votes of not less than two-thirds of the total membership (including vacancies) of the [Parliament]; and
(b) There is an interval of not less than 90 days between the date on which that final vote was taken and the date on which the preceding vote was taken; and no such Bill shall be presented to the [Queen's Representative] for assent unless it is accompanied by a certificate under the hand of the Speaker to that effect.
(2)
No Bill repealing or amending or modifying or extending any of the provisions of
sections 2 to 6 of the Cook Islands Constitution
Act 1964 or Article 2 of this
Constitution or this Article or making any provision inconsistent with any of
those provisions shall
be submitted to the [Queen's Representative] for his
assent, unless-
(a) It has been passed by the [Parliament] in accordance with the provisions of subclause (1) of this Article; and
(b) It has been submitted to a poll, conducted in a manner prescribed by law, of the persons who are entitled to vote as electors at a general election of members of the [Parliament]; and
(c) It has been supported by not less than two-thirds of the valid votes cast in such a poll; and
(d) It is accompanied by a certificate under the hand of the Speaker to that effect.
The name of the Legislative Assembly of the Cook Islands was changed to the Parliament of the Cook Islands by s 5 of the Constitution Amendment (No 9) Act 1980-81, and the functions of that Assembly are now performed by Parliament
The functions of the High Commissioner are now performed by the Queen's Representative pursuant to sections 2 and 4 of the Constitution Amendment (No 10) Act 1981-82 (CI)
[Introduction
of Bills, etc, into Parliament
42
Subject to the provisions of this Constitution and of the Standing Orders of
Parliament, any member of Parliament may introduce
any Bill or propose any
motion for debate in or present any petition to Parliament, and the same shall
be considered and disposed
of in accordance with the Standing Orders.
[Restrictions
with regard to financial measures
43
Except upon the recommendation of the [[Queen's Representative]], Parliament
shall not-
(a) Proceed upon any Bill (including an amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes-
(i) For the imposition or alteration of taxation; or
(ii) For the imposition of any charge upon the Cook Islands Government Account or any other public fund or account or for the alteration of any such charge otherwise than by way of reduction; or
(iii) For the payment, issue, or withdrawal from the Cook Islands Government Account or from any other public fund or account of any money not charged thereon or any increase in the amount of such a payment, issue, or withdrawal; or
(iv) For the composition or remission of any debt due to the Crown;
(b) Proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes;
(c) Receive any petition that, in the opinion of the person presiding, requests that provision be made for any of those purposes.
The words "Queen's Representative" were substituted for the words "High Commissioner" by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
[Assent
to Bills by [Queen's Representative]
44
(1) No Bill shall become law until it has been passed by Parliament and has been
assented to by the [[Queen's Representative]].
(2) Whenever any Bill which has been passed by Parliament is presented to the [[Queen's Representative]] for his assent, the [[Queen's Representative]] shall, acting on the advice of the [[Prime Minister]] declare that he assents to the Bill or that he refuses his assent to the Bill:
Provided
that the [[Queen's Representative]], acting in his discretion, may summon a
meeting of the Executive Council, to be held
within 14 days after the Bill is
presented to him for his assent to consider amendments to the Bill proposed by
him or to consider
whether he should refuse his assent to the Bill.
(3)
If at a meeting of the Executive Council thus summoned the Executive Council
decides that the Bill should be returned to Parliament
for consideration of the
amendments proposed or, as the case may be, that the [[Queen's Representative]]
should refuse his assent
to the Bill, the [[Queen's Representative]] shall, by
Message-
(a) Return the Bill with the amendments proposed to Parliament for reconsideration by Parliament; or as the case may be,
(b) Return the Bill to Parliament for reconsideration by Parliament.
(4)
If at a meeting of the Executive Council thus summoned the Executive Council
decides that the Bill should not be returned to Parliament
for consideration of
the amendments proposed or, as the case may be, that the [[Queen's
Representative]] should not refuse his assent
to the Bill, he shall declare that
he assents to the Bill.
(5) Where
any Bill is returned to Parliament under the provisions of paragraph (a) of
subclause (3) of this Article, and the Bill
is again passed by Parliament with
the amendments proposed, but with no other amendments, or in the form in which
it was originally
presented to the [[Queen's Representative]] for his assent,
then, when the Bill is again presented to the [[Queen's Representative]]
for his
assent, he shall declare that he assents to the
Bill.
(6) Where any Bill is
returned to Parliament under the provisions of paragraph (b) of subclause (3) of
this Article, and the Bill
is again passed by Parliament in the form in which it
was originally presented to the [[Queen's Representative]] for assent, he shall
declare that he assents to the
Bill.
(7) Where any Bill is
returned to Parliament under the provisions of this Article and the Bill is
again passed by Parliament with
any amendments other than amendments proposed
under the provisions of this Article, then, when the Bill is again presented to
the
[[Queen's Representative]] for his assent, the foregoing provisions of this
Article shall apply with respect to the Bill as if it
had not previously been
presented to the [[Queen's Representative]] for his
assent.
(8) A Bill assented to by
the [[Queen's Representative]] as herein provided shall be known as an