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Cook Islands Sessional Legislation |
COOK ISLANDS
ANALYSIS
Title
1.
Short title and commencement
2.
Interpretation
3. Act binds
Crown
Maori as an official language
4. Maori to be an official
language
5. Effect of
declaration
6. Additional objectives
and function of Ministry of Cultural Development
Te Kopapa Reo Maori
7. Establishment and
membership of Te Kopapa Reo Maori
8.
Functions of Kopapa Reo
9. Kopapa Reo
to report annually to Secretary
10.
Further provisions relating to Kopapa Reo
Certificates of competency
11. Kopapa Reo to grant
certificates of competency
12.
Qualifications for certificates of
competency
13. Kopapa Reo to delegate
power to grant certificates of
competency
14. Complaints against
holders of certificates of competency
Miscellaneous
15. Kopapa Reo to have
regard to Government policy
16.
Responsibilities of other persons
unaffected
17. Money to be
appropriated by Parliament for purposes of this
Act
18. Protection of members of
Kopapa Reo
19.
Offence
20. Orders in Executive
Council for Schedule 1 purposes
21.
Regulations
22. Consequential
amendments to Ministry of Cultural Development Act 1990 Schedules
---------------------------
2003, No. 1
An Act-
(a) To declare Maori an official language of the Cook Islands; and
(b) To establish Te Kopapa Reo Maori and define its functions and powers; and
(c) To give the Ministry of Cultural Development additional objectives and functions.
(9 April 2003
BE IT
ENACTED by the Parliament of the Cook
Islands in Session assembled, and by the authority of the same as
follows:
1.
Short title
and commencement - (1) This Act may be
cited as the Te Reo Maori Act
2003.
(2) This Act comes into
force on 1 July 2003, unless it is earlier brought into force on a date
appointed by the Queen's Representative
by Order in Executive
Council.
2.
Interpretation
- In this Act, unless the context otherwise requires, -
"Applicant" means a person who applies for a certificate of competency;
"Certificate of competency" means a certificate of competency issued under this Act;
"Communication", in relation to Maori, means-
(a) The oral form of Maori;
(b) The written form of Maori;
"Financial year" has the meaning given to it in section 2 of the Ministry of Finance and Economic Management Act 1995-96;
"Kopapa Reo" means Te Kopapa Reo Maori (the Maori Language Commission) established by section 7;
"Maori" -
(a) Means the Maori language (including its various dialects) as spoken or written in any island of the Cook Islands; and
(b) Is deemed to include Pukapukan as spoken or written in Pukapuka; and
(c) Includes Maori that conforms to the national standard for Maori approved by Kopapa Reo;
"Minister" means the Minister of Cultural Development;
"Ministry" means the Ministry of Cultural Development established by the Ministry of Cultural Development Act 1990;
"Secretary" means the Secretary of Ministry.
3.
Act binds
Crown - This Act binds the
Crown.
Maori as an official language
4.
Maori to be
an official language - Maori is an
official language of the Cook
Islands.
5.
Effect of
declaration - Nothing in
section
4-
(a) Affects the status of English as an official language of the Cook Islands; or
(b) Affects any right that any person has, otherwise than by virtue of that section, to receive or impart any communication in Maori; or
(c) Affects the right of any linguistic or dialectal community in the Cook Islands to use the language or dialect of that community.
6.
Additional
objectives and functions of Ministry of Cultural
Development-
(1)
The Ministry has the following principal objectives:
(a) To give effect to the declaration that Maori is an official language of the Cook Islands
(b) To bring out a status for Maori that is equal to English in the Cook Islands.
(2)
The Ministry has a principal function of assisting Kopapa Reo to carry out its
functions and duties under this Act (including
providing secretarial and
administrative services to Kopapa Reo.
Te Kopapa Reo Maori
7.
Establishment
and membership of Te Kopapa Reo Maori -
(1) This subsection establishes a commission to be called Te Kopapa Reo Maori
(the Maori Language
Commission).
(2) Kopapa Reo
comprises the following members appointed by the Minister:
(a) The person for the time being holding the position of Secretary of the Ministry of Cultural Development or another position within that Ministry nominated by the Secretary;
(b) The person for the time being holding the position of Secretary of Education or another position within the Ministry of Education nominated by the Secretary of Education;
(c) One person recommended by the House of Arikis;
(d) One person who the Minister considers to be competent to represent the interests of women; and
(e) One person who the Minister considers to be competent to represent the interests of youth.
(3)
Kopapa Reo is not to be regarded as an advisory or technical committee for the
purposes of the Ministry of Cultural Development
Act
1990.
8.
Functions of
Kopapa Reo - Kopapa Reo has the following
functions:
(a) To create, and update as necessary, a national standard for Maori on matters such as phonics, grammar, vocabulary (including coining new words if necessary), orthography, and the alphabet;
(b) To publish a notice in the Cook Islands Gazette and any other media considered appropriate when Kopapa Reo formally approves the standard or an update to the standard (such notice setting out where the copies of the standard or update can be purchased);
(c) To act as the national authority on the standard;
(d) Subject to section 13, to grant certificates of competency and perform the functions conferred by this Act relating to such certificates;
(e) To advice the Ministry on what Kopapa Reo considers the most effective ways to give effect to the principle objectives and the principal function of the Ministry specified in section 6;
(f) To consider, and report to the Secretary on, any matter relating to Maori that –
(i) The Secretary may from time to time refer to Kopapa Reo for its advice; or
(ii) Kopapa Reo considers necessary or desirable;
(g) To perform any other functions conferred on Kopapa Reo by regulations made under this Act.
9.
Kopapa Reo to
report annually to Secretary - Kopapa Reo
must, within one month of the end of each financial year, make a written report
to the Secretary on its work during
the financial
year.
10.
Further
provisions relating to Kopapa Reo - The
provisions in Schedule
1 apply to Kopapa Reo and its
affairs.
Certificates of competency
11.
Kopapa Reo to
grant certificates of competency - (1)
Kopapa Reo may grant certificates of competency for the
following:
(a) Competency in Maori or any dialect or branch of it;
(b) A specific competency (for example, interpretation or translation) in relation to Maori or any dialect or branch of it.
(2)
On the payment of prescribed fees (if any), a certificate of competency must be
granted to any applicant who satisfies Kopapa
Reo that he or she is qualified to
be the holder of such a
certificate.
12.
Qualifications
for certificates of competency - For the
purposes of determining whether or not an applicant is qualified to be the
holder of a certificate of competency, Kopapa
Reo must prepare, and publish in
such manner as it thinks fit, standards and other criteria by which the relevant
competency will
be assessed.
13.
Kopapa Reo to
delegate power to grant certificates of
competency - (1) Notwithstanding
section
11, but subject to any regulations made
under section
21(1)(c), Kopapa Reo may from time to
time delegate to any person the power to assess applicants and to grant
certificates of competency.
(2)
Subject to any directions given by Kopapa Reo, a person to whom Kopapa Reo
delegates any power under this section may exercise
that power in the same
manner and with the same effect as if that power had been conferred directly by
this Act and not by
delegation.
(3) Kopapa Reo may not
delegate a power under this section except
(a) By unanimous resolution of its members; and
(b) In accordance with regulations (if any) made under this Act.
(4)
A delegation made under this section
(a) May be revoked by Kopapa Reo at any time (without requiring unanimous resolution of its members); and
(b) Does not prevent Kopapa Reo exercising the power delegated.
(5)
Subject to the foregoing provisions of this section, Kopapa Reo
must-
(a) As soon as Kopapa Reo finds a suitable person, delegate the power referred to in subsection (1) to that person; and
(b) As far as practicable, ensure that at any given time there is at least 1 person to whom that power is delegated.
14.
Complaints
against holders of certificates of
competency - (1) Any person may lodge
with Kopapa Reo a complaint against the holder of any certificate of competency
on the ground that the
holder has exhibited such incompetence as to call into
question the holder's qualification to hold that
certificate.
(2) Except where
Kopapa Reo is satisfied that the complaint is frivolous or vexatious, Kopapa Reo
must give or send a copy of the
complaint to the person to whom it relates, and
must give that person a reasonable opportunity to appear before Kopapa Reo, or
(at
that person's option) to make written submissions to Kopapa Reo, in answer
to the complaint.
(3) If, after
investigating any complaint under subsection (1), Kopapa Reo is satisfied that
the person to whom the complaint relates
is not qualified to hold the
certificate of competency, it may-
(a) Cancel the certificate of competency; or
(b) Suspend the certificate of competency until such time as Kopapa Reo is satisfied that the person is qualified to hold the certificate.
(4)
Kopapa Reo must, as soon as practicable after deciding to take any action under
subsection
(3) give to the person
concerned notice in writing of its decision and of the reasons for
it.
(5) Where Kopapa Reo decides
to cancel, suspend, or endorse a certificate, it must, in the notice given under
subsection (4), require
the holder to surrender the certificate to Kopapa Reo
for appropriate administrative action.
Miscellaneous
15.
Kopapa Reo to
have regard to Government policy - (1) In
the performance of its functions under this Act, Kopapa Reo must have regard to
the general policy of the Government in
relation to Maori, as that policy is
communicated to the Secretary from time to time by the Minister by notice in
writing.
(2) As soon as
practicable after receiving a notice under subsection (1), the Secretary
must
(a) Forward a copy of it to Kopapa Reo; and
(b) Publish a copy of it in the Cook Islands Gazette.
16.
Responsibilities
of other persons unaffected - Nothing in
any of the foregoing provisions of this Act affects any responsibility that any
Minister of the Crown or any other person
had immediately before the passing of
this Act for any matter relating to
Maori.
17.
Money to be
appropriated by Parliament for purposes of this
Act - All remuneration, allowances,
expenses, and other expenditure payable or incurred under or in the
administration of this Act are
payable out of money to be appropriated by
Parliament for the purpose.
18.
Protection of
members of Kopapa Reo - (1) No member of
Kopapa Reo is personally liable for any act done or omitted by the member in
good faith in the course of the operations
of Kopapa
Reo.
(2) Any liability that would
but for this section lie against a member of Kopapa Reo lies against the
Crown.
19.
Offence
- Every person commits an offence and is liable on conviction to a fine not
exceeding $500 who, being required under
section
14(5) to surrender to Kopapa Reo any
certificate, fails without reasonable excuse to do
so.
20.
Orders in
Executive Council for Schedule 1 purposes
- The Queen's Representative may from time to time make an Order in Executive
Council for the purposes of
clause
4(2) or
6
of
Schedule
1.
21.
Regulations
- (1) The Queen’s Representative may from time to time, by Order in
Executive Council, make regulations for all or any of the
following purposes:
(a) Prescribing fees in respect of-
(i) The conducting of examinations for certificates of competency; and
(ii) Applications for, and the issuing of, certificates of competency; and
(iii) Any other service provided by Kopapa Reo in respect of applications for certificates of competency;
(b) Prescribing the procedures to be followed in respect of applications for certificates of competency;
(c) Restricting or otherwise regulating Kopapa Reo’s power to make a delegation under section 13;
(d) Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2)
No regulation may be made under subsection (1)(a) or (b) except on the advice of
the Minister tendered on the recommendation of
Kopapa
Reo.
22.
Consequential
amendments to Ministry of Cultural Development Act
1990 - The Ministry of Cultural
Development Act 1990 is consequentially amended in the manner indicated in
Schedule 2.
------------------------------------------
This Act is administered in the Ministry of Cultural Development.
SCHEDULE 1
Section
10
PROVISIONS APPLYING TO KOPAPA REO AND ITS AFFAIRS
1 Term
of office of members
(1) Every
member of Kopapa Reo must be appointed for a term not exceeding 3 years, but may
from time to time be
reappointed.
(2) A member may
resign at any time by notice in writing addressed to the
Minister.
(3) The following are
deemed to have vacated office as a member:
(a) A member who is absent from 3 consecutive meetings of Kopapa Reo without its leave;
(b) A member appointed under section 7(2)(a) or (b) by virtue of holding a position, who, for any reason, ceases to hold the position.
(4)
The Minister may at any time remove any member from office for inability to
perform the functions of the office, bankruptcy, neglect
of duty, or misconduct,
proved to the satisfaction of the
Minister.
(5) Every member, unless
the member dies, or resigns, vacates, or is removed from office, continues to
hold office until the member’s
successor comes into office notwithstanding
the expiry of the term for which the member was
appointed.
(6) The functions and
powers of Kopapa Reo are not affected by any vacancy in its
membership.
2
Chairman and Deputy Chairman
(1)
The Minister must from time to time appoint 1 member of Kopapa Reo its
Chairman.
(2) At its first meeting
in each year, Kopapa Reo must elect another of its members to be its Deputy
Chairman.
(3) A member who holds
the office of Chairman or Deputy Chairman continues in office until his or her
successor is appointed or elected
under subclause (1) or (2) of this clause, and
is eligible for reappointment or
re-election.
(4) A member who
holds the office of Chairman may at any time -
(a) Be removed from the office of Chairman by the Minister; or
(b) Resign his or her office by giving a notice to that effect to the Minister.
(5)
A member who holds the office of Deputy Chairman may at any time-
(a) Be removed from the office of Deputy Chairman by Kopapa Reo; or
(b) Resign his or her office by giving a notice to that effect to Kopapa Reo.
(6)
If a person who holds the office of Chairman ceases to be a member of Kopapa
Reo, the Minister must appoint 1 member to fill that
vacancy in the office of
Chairman as soon as reasonably
practicable.
(7) If a person who
holds the office of Deputy Chairman ceases to be a member of Kopapa Reo, Kopapa
Reo must elect 1 member to fill
that vacancy in the office of Deputy Chairman as
soon as reasonably
practicable.
3
Deputy Chairman may act for
Chairman
(1) The Deputy Chairman
of Kopapa Reo has and may exercise or perform all the functions, duties, and
powers of the Chairman of Kopapa
Reo if-
(a) The Chairman is at any time incapable of acting as Chairman because of illness, absence, or any other reason; or
(b) There is a vacancy in the office of Chairman.
(2)
The Deputy Chairman must, while acting for the Chairman, be regarded as the
Chairman.
(3) No act done by the
Deputy Chairman while acting for the Chairman and no act done by Kopapa Reo
while the Deputy Chairman is acting
for the Chairman, may in any proceedings be
questioned on the ground that the occasion entitling the Deputy Chairman to act
had not
arisen or had
ceased.
4
Meetings of Kopapa Reo
(1) Subject
to clause 3 and the succeeding provisions of this clause, the Chairman
must-
(a) Convene such meetings of Kopapa Reo as the Chairman thinks necessary for the efficient performance of the functions of Kopapa Reo; and
(b) Appoint the time and place at which the meetings are to be held; and
(c) Preside at all meetings of Kopapa Reo.
(2)
The Chairman must convene meetings at such frequency as determined from time to
time by the Queen's Representative by Order in
Executive Council, or, in the
absence of such an order, at the frequency of at least 1 meeting in each
month.
(3) Any 2 members may at
any time call a special meeting of Kopapa Reo by giving each member for the time
being in the Cook Islands
a written notice stating-
(a) The time and place of the meeting; and
(b) The business to be transacted at it.
(4)
The members must be given-
(a) At least 7 days’ notice of the special meeting; or
(b) If they are satisfied that the business to be transacted is urgent, any shorter period of notice to which all members entitled to be notified agree.
(5)
No business other than that specified in a notice of special meeting may be
transacted at a special
meeting.
(6) At any meeting of
Kopapa Reo, the quorum necessary for the transaction of business is 3
members.
(7) All questions arising
at any meeting of Kopapa Reo must be decided by a majority of votes of the
members present and voting.
(8)
The presiding member has a deliberative vote and, in the event of an equality of
votes, also has a casting
vote.
(9) The members present must
appoint 1 of their number ("the appointee") to preside at a meeting
if-
(a) The Chairman and Deputy Chairman are not present; or
(b) There is no Chairman and no Deputy Chairman.
(10)
The appointee must, while presiding at the meeting, be regarded as the
Chairman.
(11) No act done by the
appointee while presiding at the meeting and no act done by Kopapa Reo while the
appointee is so presiding,
may in any proceedings be questioned on the ground
that the occasion requiring the appointment to be made had not arisen or had
ceased.
(12) Kopapa Reo may meet
in private or in public, as it from time to time
decides.
(13) Kopapa Reo must
cause such notice as it thinks fit to be given of a public meeting of Kopapa Reo
to persons likely to be interested
in the subject matter of the
meeting.
(14) Subject to the
provisions of this Act, Kopapa Reo may regulate its procedure in such manner as
it thinks
fit.
5 Assent
to resolution without a
meeting
(1) A resolution in
writing signed, or assented to by letter, telegram, cable, telex, or email, by
every member of Kopapa Reo is as
valid and effectual as if it had been passed at
a meeting of Kopapa Reo duly called and
constituted.
(2) Subclause (1) of
this clause does not apply unless the Chairman has endorsed the resolution to
the effect that the signature or
assent of members is being obtained in that way
due to exceptional circumstances that, in the Chairman’s opinion, require
urgent
action.
6
Remuneration, allowances, and expenses of members of Kopapa
Reo
(1) Members of Kopapa Reo must
be paid such remuneration, allowances, and expenses as determined from time to
time by the Queen’s
Representative by Order in Executive
Council.
(2) The
determination
(a) May be made either generally or in respect of any particular member or members of Kopapa Reo;
(b) Takes effect on such date (whether the date of the determination or any earlier or later date) as may be specified in the Order in Executive Council.
___________
SCHEDULE 2
Section
22
CONSEQUENTIAL AMENDMENTS TO MINISTRY OF CULTURAL DEVELOPMENT ACT 1990
Section
2
By inserting, in the appropriate
alphabetical order, the following definitions:
""Financial year" has the meaning given to it in section 2 of the Ministry of Finance and Economic Management Act 1995-96;
"Kopapa Reo" has the meaning given to it in section 2 of the Te Reo Maori Act 2003."
By
adding the following subsection:
"(2) In section 9, the expression "this Act" includes the Te Reo Maori Act 2003."
Section
4
By inserting, after subsection
(1), the following subsection:
"(1A) In addition, the Ministry has the principal objectives specified in section 6(1) of the Te Reo Maori Act 2003."
By
inserting, after the words "shall be" in subsection (2), the word
"to".
By inserting, after the
expression "AudioVisual Recordirig Unit" in paragraph (d) of subsection (2), the
expression "and Tuanga Reo
(as established by regulations made under this
Act),".
By inserting, after
subsection (2), the following subsection:
"(2A) In addition, the Ministry has the principal function specified in section 6(2) of the Te Reo Maori Act 2003."
Section
28
By inserting in subsection (1),
after the words "the Ministry", the words "and the work of Kopapa
Reo".
Sections
8, 10(1), and 11
By omitting the
expression "Public Service Act 1975", and substituting the expression "Public
Service Act 1995-96".
-----------------------------------------
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