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Niue Consolidated Legislation |
THE CONSTITUTION OF NIUE
PART
I
THE EXECUTIVE GOVERNMENT OF
NIUE
1 Executive authority vested in the
Crown
The Cabinet
2
Cabinet of Ministers of Niue
3 Ministers to be collectively responsible
4
Premier of Niue
5 Appointment of Ministers after election of Premier
6
Vote of confidence in Cabinet
7 Vacation of office by Ministers
8
Temporary Ministers
9 Acting Premier
10 Official oath
11 Allocation of
responsibilities to Ministers
12 Meetings of Cabinet
13 Rules, other
enactments, and decisions of Cabinet
14 Clerk of the
Cabinet
The Seal of
Niue
15 Seal of Niue
PART
II
THE LEGISLATIVE GOVERNMENT OF
NIUE
The Niue
Assembly
16 Niue Assembly
17 Nationality and residential
qualifications of electors and candidates
18 Public servants may become
candidates or be elected
19 Members disqualified from becoming public
servants or interested in Government contracts
20 Speaker of Niue
Assembly
21 Members to take Oath of Allegiance
22 Procedure of Niue
Assembly
23 Languages
24 Privileges of Niue Assembly and its members
25
Remuneration of Premier, other Ministers, other members of the Niue Assembly,
and the Speaker
26 Dissolution of the Niue Assembly
27 Clerk of the Niue
Assembly
The Making of
Laws
28 Power to make laws
29 Introduction of Bills, etc, into
Niue Assembly
30 Restrictions with regard to financial measures
31
[Repealed]
32 Special provisions with regard to measures affecting the Niue
Public Service
33 Special provisions with regard to measures affecting Niuean
land
34 When Bills become law
35 Power of the Niue Assembly to repeal or
amend this Constitution
36 New Zealand Parliament not to legislate for Niue,
and New Zealand subordinate legislation not to apply to Niue, except with
consent
PART
III
THE JUDICIARY
The High Court of
Niue
37 High Court established
38 Jurisdiction of Divisions of
the High Court
39 Judges of the High Court
40 Acting Chief Justice of the
High Court
41 Temporary
Judges
Appointment, Tenure of Office
and Salaries of Judges
42 Appointment of Judges
43 Tenure of
office of Judges
44 Salaries of Judges
45 Removal of Judges from
office
Commissioners of the High
Court
46 Commissioners of the High Court
47 Temporary
Commissioners
48 Jurisdiction of Commissioners of the High Court
49
Remuneration of Commissioners of the High Court
50 Removal of Commissioners
from office
Justices of the
Peace
51 Justices of the
Peace
Court of Appeal
52
Court of Appeal established
53 Number of Judges
54 Judges not to sit on
appeals from own decision
55 Determination of Court of Appeal
55A
Jurisdiction of Court of Appeal
55B Transmission of order of Court of
Appeal
Oath of Allegiance and Judicial
Oath
55C Oath of Allegiance and Judicial Oath
PART
IV
THE PUBLIC REVENUES OF
NIUE
56 Legislative control of public revenue and
expenditure
57 Niue Government Account
58 Annual estimates and
appropriations
59 Cabinet to supervise expenditure
60 Audit
PART
V
HEALTH, EDUCATION AND OTHER SOCIAL
SERVICES
61 Health, education, and other social services
PART
VI
THE NIUE PUBLIC
SERVICE
62 Niue Public Service
63 Secretary to the
Government
Niue Public Service
Commission
64 Niue Public Service Commission
65 Acting members
of Commission
66 Procedure of Commission
67 Delegation of
powers
Management of Niue Public
Service
68 Functions and powers of Commission
69 Appointments
to Niue Public Service
Reports and
Recommendations to Assembly
70 Commission to make certain reports
and recommendations to Assembly
PART
VII
TRANSITIONAL
PROVISIONS
71 Existing law to continue
72-80 [Spent]
81 Seal of
Niue
PART
VIII
INTERPRETATION
82 Interpretation
_________________________
THE CONSTITUTION OF NIUE
PART
I
THE
EXECUTIVE GOVERNMENT OF NIUE
1 Executive authority
vested in the Crown
The executive authority of Niue is vested in
Her Majesty the Queen in right of New Zealand, and the Governor-General of New
Zealand
is accordingly the representative of Her Majesty the Queen in relation
to Niue.
The Cabinet
2 Cabinet of Ministers
of Niue
(1) There shall be a Cabinet of Ministers of Niue
(hereinafter referred to as the Cabinet) which shall consist of the Premier of
Niue
(who shall be a member of the Niue Assembly) and 3 other members of the
Niue Assembly.
(2) Subject to this Constitution, the executive authority
of Niue may be exercised on behalf of Her Majesty by the Cabinet, which
shall
have the general direction and control of the executive government of Niue and
shall have such other functions and powers as
are conferred on it by law.
3 Ministers to be collectively
responsible
(1) The members of the Cabinet (hereinafter referred
to as Ministers) shall be collectively responsible to the Niue Assembly.
(2) Subject to Article 7 of this Constitution, the Ministers shall
continue in office until their successors are appointed pursuant
to Article 5(2)
of this Constitution.
4 Premier of
Niue
(1) There shall be a Premier of Niue, who shall be elected
to that office by an absolute majority of the members present and voting
at a
meeting of the Niue Assembly.
(2) The Niue Assembly shall proceed to
elect the Premier at the first meeting of the Assembly after a general election
and also in
each of the following circumstances –
(a) If the Premier ceases to be a member of the Assembly for any reason other than the dissolution thereof; or
(b) If the Premier tenders his resignation by writing under his hand addressed to the Speaker or is deemed to have tendered his resignation pursuant to Article 6(3) or Article 7(3) of this Constitution.
5
Appointment of Ministers after election of Premier
(1) As soon as
practicable after his election to that office, the Premier elect shall nominate
to the Speaker, with their consent,
3 other members of the Niue Assembly for
appointment as Ministers.
(2) Upon receiving those nominations, the
Speaker shall appoint as Ministers the Premier elect and the members so
nominated.
(3) Appointment under subclause (2) of this Article shall be
made by the Speaker by instrument under the Seal of Niue.
(4) If the
Premier elect has not within 7 days after but excluding the date of his election
to that office submitted to the Speaker
his nominations for appointments to the
Cabinet pursuant to this Article, his election to that office shall have no
effect, and,
subject to Article 26(1) (d) of this Constitution, a meeting of the
Niue Assembly shall be held as soon as practicable for the purpose
of again
electing a Premier.
6 Vote of
confidence in Cabinet
(1) At any meeting of the Niue Assembly
–
(a) The Premier, or another Minister acting on behalf of the Premier, may give notice of his intention to move a vote of confidence in the Cabinet, either generally or on any measure proposed by the Cabinet for adoption by the Assembly;
(b) Any 4 or more members of the Assembly who are not Ministers may give notice of their intention to move a vote of no confidence in the Cabinet.
(2) Any motion of which notice is given under
subclause (1) of this Article shall be voted on at a meeting of the Niue
Assembly held
not earlier than 5 days nor later than 10 days after but excluding
the date of the giving of the notice.
(3) If the motion of confidence is
lost, or, as the case may be, the motion of no confidence is carried, the
Premier shall be deemed
to have tendered his resignation from his office at the
expiration of 5 days after but excluding the date of the meeting of the Niue
Assembly, unless before the expiration of that period he requests the Speaker to
dissolve the Assembly.
7 Vacation of
office by Ministers
(1) Any Minister, other than the Premier,
shall vacate his office if –
(a) His appointment to that office is revoked by the Speaker, acting on the request of the Premier, by instrument under the Seal of Niue; or
(b) He ceases to be a member of the Niue Assembly for any reason other than the dissolution thereof; or
(c) He resigns his office by writing under his hand delivered to the Speaker.
(2) Within 7 days after the occurrence of any
vacancy in the office of Minister, other than the Premier, the Premier shall
nominate
to the Speaker, with the consent of the member, a member of the Niue
Assembly for appointment as a Minister, and the Speaker shall
by instrument
under the Seal of Niue appoint the member so nominated.
(3) If the
Premier does not, within 7 days after but excluding the date of the occurrence
of a vacancy in the office of a Minister,
other than the Premier, nominate a
Minister pursuant to subclause (2) of this Article, he shall be deemed to have
tendered his resignation
from his office as Premier at the expiration of that
period of 7 days.
8 Temporary
Ministers
(1) Whenever it appears to the Premier that any
Minister will, by reason of illness or absence from Niue, be unable to discharge
his
functions in Niue for a period of 7 days or longer, the Premier shall
nominate to the Speaker, with the consent of the member, a
member of the Niue
Assembly for appointment as a temporary Minister, and the Speaker shall, by
instrument under the Seal of Niue,
appoint that member accordingly.
(2)
Every such temporary Minister shall be appointed in place of the Minister who is
unable to discharge his functions in Niue, and,
subject to subclause (3) of this
Article, shall hold office, as if he had been appointed under Article 5 of this
Constitution.
(3) Every such temporary Minister, unless he sooner
vacates his office pursuant to Article 7 of this Constitution, shall remain in
office until the Minister in whose place he is appointed is again able to
discharge his functions in Niue.
9
Acting Premier
(1) Whenever, by reason of illness or absence from
Niue, the Premier is temporarily prevented from discharging his functions in
Niue,
the Speaker, acting on the request of the Cabinet, may, by instrument
under the Seal of Niue, appoint another Minister to discharge
the functions of
Premier until such time as the Premier is capable of again discharging his
functions or has vacated his office.
(2) Where the Premier dies or
tenders his resignation to the Speaker after a dissolution of the Niue Assembly
and before the appointment
of the Ministers after the general election following
that dissolution, the Speaker, acting on the request of the Cabinet, shall,
by
instrument under the Seal of Niue, appoint another Minister to discharge the
functions of Premier until the Ministers are appointed
after that general
election.
10 Official oath
Every Minister shall, before assuming the functions of his
office, take and subscribe before the Speaker the following oath –
I,........., being chosen and accepted as Premier of Niue (or a Minister), swear
by Almighty God that I will to the best of my judgment,
at all times when
thereto required, freely give my counsel and advice for the good management of
the affairs of Niue, and that I
will not directly or indirectly reveal such
matters as may be debated in the Cabinet or any committee of the Cabinet and
committed
to my secrecy, but that I will in all such things be a true and
faithful Premier of Niue (or Minister). So help me God.
11 Allocation of responsibilities to
Ministers
(1) The Premier shall from time to time, by writing
under his hand countersigned by the Clerk of the Cabinet and published in the
Niue Gazette, allocate to any Minister
(including himself) the primary responsibility for any Department or function of
Government, and may from
time to time in like manner vary any such allocation.
(2) The Premier shall have the primary responsibility for any Department
or function of Government in respect of which, for the time
being, no allocation
under subclause (1) of this Article is in effect.
12 Meetings of Cabinet
(1) No business shall be transacted at any meeting of the Cabinet
unless at least 3 Ministers are present.
(2) The Cabinet shall not be
disqualified for the transaction of business by reason only that there is a
vacancy among its members,
or that, in any case where Article 8 of this
Constitution applies, no appointment has been made pursuant to that Article. No
proceedings
of the Cabinet shall be questioned on the ground that some person
who acted as a Minister in relation to those proceedings was not
qualified so to
act.
(3) Notice of every meeting of the Cabinet and a copy of every
paper to be considered at that meeting shall be given to each Minister,
and to
the Secretary to the Government.
(4) The Secretary to the Government
shall have the right to attend any meeting of the Cabinet and to speak on any
matter under consideration
by the Cabinet, and he shall so attend if required to
do so by the Premier.
(5) The decision of the Cabinet on any matter
shall be taken only by the Ministers present at a meeting of the Cabinet.
(6) Subject to this Article, the Cabinet shall regulate its own
procedure in such manner as it thinks fit.
13 Rules, other enactments, and
decisions of Cabinet
Any rule or other enactment of the Cabinet
shall have effect, and any other decision of the Cabinet shall be duly
authenticated, when
that rule or other enactment, or the record of that
decision, has been signed by the Premier, whether or not he was present at the
meeting of the Cabinet at which the rule or other enactment or decision was
made, and by the Clerk of the Cabinet.
14 Clerk of the Cabinet
There shall be an officer of the Niue Public Service to be called
the Clerk of the Cabinet, who shall be responsible for arranging
the business
for, and keeping the minutes of, meetings of the Cabinet, and for conveying
decisions of the Cabinet to the appropriate
person or authority, and shall
perform with respect to the Cabinet such secretarial and other functions as may
be required.
The Seal of Niue
15 Seal of Niue
(1) There shall be a Public Seal of Niue (in this Constitution
referred to as the Seal of Niue), to be in such form or forms as the
Cabinet
from time to time approves.
(2) The Seal of Niue shall be in the custody
of the Speaker.
(3) The Seal of Niue may be used by the Speaker for the
authentication of any public document in relation to the Government of Niue
or
for the execution of any document required by law to be executed under the Seal
of Niue.
(4) Judicial notice shall be taken of the Seal of Niue in all
Courts.
PART
II
THE LEGISLATIVE GOVERNMENT OF
NIUE
The Niue Assembly
16 Niue Assembly
(1) There shall be in and for Niue a legislative Assembly to be
called the Niue Assembly.
(2) The Niue Assembly shall consist of –
(a) The Speaker; and
(b) Twenty members to be elected by secret ballot under a system of universal suffrage in the following manner –
(i) Fourteen members, each of whom shall represent a village constituency, shall be elected by the electors of that constituency;
(ii) Six members shall be elected by the persons qualified to be electors of Niue voting on a common roll, which, for the purpose of electing those members, shall comprise the rolls of the several village constituencies.
(3) Subject to this Article and
to Articles 17, 18, 19, 24 and 25 of this Constitution, the boundaries of
village constituencies,
the qualifications and disqualification of electors and
of candidates, the mode of electing members of the Niue Assembly, and the
terms
and conditions of their membership shall be as prescribed by law:
Provided that –
(a) There shall be 14 village constituencies; and
(b) Every person qualified to be an elector for the election of members of the Niue Assembly shall be entitled to vote in one, and one only, village constituency; and
(c) Any determination or redetermination of the boundaries of any village constituency shall, so far as practicable, having due regard to local community interest, be made in accordance with the principle that the number of electors in that village constituency should not be substantially greater or smaller than the number of electors in any other village constituency.
(4) Unless the context otherwise
requires, every reference in this Constitution to a member of the Niue Assembly
shall be construed
as a reference to a member elected pursuant to subclause
(2)(b) of this Article, and shall, in any case where the Assembly has been
dissolved, be read as a reference to a person who was a member of the Assembly
immediately before that dissolution.
17 Nationality and residential
qualifications of electors and candidates
(1) Without limiting
the provisions of any law prescribing any additional qualifications, a person
shall be qualified to be an elector
for the election of members of the Niue
Assembly, or to be a candidate at any such election, if, and only if, that
person –
(a) Is either –
(i) a New Zealand citizen; or
(ii) a Permanent Resident of Niue as defined by Act; and,
(b) Has at some period resided continuously in Niue for not less than 3 years; and
(c) Has been ordinarily resident in Niue throughout the period of 12 months immediately preceding an application for enrolment as an elector or, as the case may be, nomination as a candidate.
(2) For
the purposes of this Article, a person shall be deemed to be ordinarily resident
in Niue if, and only if –
(a) He is actually residing in Niue; or
(b) Having been actually resident in Niue with the intention of residing there indefinitely, he is outside Niue but has, and has had ever since he left Niue, an intention to return and reside there indefinitely:
Provided that any person who has been outside Niue continuously for any period of more than 3 years shall be deemed not to have such an intention, unless during the whole or substantially the whole period of that absence he was undergoing a course of education or of technical training or instruction, or was in the service of the Government of Niue.
18
Public servants may become candidates or be elected
(1) Employees
of the Niue Public Service who become candidates for election as members of the
Niue Assembly shall be granted leave
of absence for the purposes of their
candidature in accordance with such terms and conditions as may be prescribed by
law.
(2) If any such employee is elected as a member of the Assembly, he
shall, on being declared so elected, be deemed to have been granted
leave of
absence without salary from his employment in the Niue Public Service for the
period during which he is a member.
19
Members disqualified from becoming public servants or interested in Government
contracts
The seat of any member of the Niue Assembly shall
become vacant –
(a) If he becomes an employee of the Niue Public Service, or, being an employee of that Service at the time of his election, he accepts paid employment in that Service, or;
(b) If he otherwise becomes interested in the execution or enjoyment of any contract under which any public money is payable, except to such extent as may be permitted by law.
20 Speaker
of Niue Assembly
(1) The Speaker of the Niue Assembly shall be
elected to that office by an absolute majority of the members present and voting
at
a meeting of the Niue Assembly.
(2) Only a person who is qualified
for election as a member of the Niue Assembly may be elected as Speaker.
(3) If any person elected as Speaker is, at the time of that election, a
member of the Niue Assembly, he shall vacate his office as
a member when he
enters upon the duties of the office of Speaker.
(4) The election of the
Speaker shall take place, before the despatch of any other business, at the
first meeting of the Assembly
after each general election, and, at a meeting of
the Assembly called for that purpose, as soon as possible after any vacancy in
the office of Speaker has occurred.
(5) Before a person who has been
elected Speaker enters upon the duties of his office, he shall take and
subscribe before the Clerk
of the Niue Assembly at a meeting of the Assembly the
Oath of Allegiance prescribed in Article 21 of this Constitution, and the
provisions
of that Article shall apply with the necessary modifications as if
the references therein to a member were a reference to the Speaker.
(6)
The Speaker may resign his office by writing under his hand addressed and
delivered to the Clerk of the Niue Assembly, and shall
vacate his office –
(a) On the entry into office of a new Speaker elected when the Assembly first meets after a general election; or
(b) If he ceases to be qualified for election as a member of the Assembly; or
(c) If he becomes a candidate at any election of a member or members of the Assembly.
(7) If at any meeting of the
Assembly the Speaker is absent or the office of Speaker is vacant, the members
of the Assembly present
at that meeting shall elect one of their number, not
being a Minister, to preside over that meeting until the Speaker is again
present,
or, as the case may be, until a Speaker has been elected and has
entered upon the duties of his office.
(8) If, at any time when the
Assembly is not meeting, the Speaker is, by reason of illness or absence from
Niue, temporarily prevented
from performing his functions, or the office of
Speaker is vacant, then, until the Assembly again meets, or, as the case may be,
the Speaker is again able to perform his functions, those functions shall be
performed by a member of the Assembly, not being a
Minister, who has
presided over a meeting of the Assembly pursuant to subclause
(7) of
this Article. If more than one member of the Assembly is so qualified and is
available to perform the functions of the Speaker,
those functions shall be
performed by the member who most recently presided over a meeting of the
Assembly, pursuant to that subclause.
(9) If it appears that no person
is, for the time being, qualified and available to perform the functions of the
Speaker –
(a) A meeting of the Assembly shall be called as soon as possible, and the Clerk of the Niue Assembly shall perform such of the functions of the Speaker as are required to be performed for the purpose of enabling that meeting to be held, and the provisions of Article 22(6) of this Constitution shall not apply to that meeting; or
(b) In any case where the Assembly has been dissolved and the ensuing general election has not taken place, a meeting of those persons who were members of the Assembly immediately before its dissolution shall be called as soon as possible for the purpose of electing one of their number to perform the functions of the Speaker until the Speaker is again able to perform his functions, or, as the case may be, the new Assembly first meets; and the Clerk of the Niue Assembly shall do everything necessary to ensure that the meeting is called and to certify to the result of the election. The person elected shall, for the purpose of subclauses (7) and (8) of this Article, be deemed to be a person who has presided over a meeting of the Assembly.
(10)
Every document, including the certificate on any Bill, signed by the Speaker in
the performance of his functions shall be countersigned
by the Clerk of the Niue
Assembly, and, where pursuant to this Article, any such document or certificate
is signed by a member performing
the functions of the Speaker, it shall be so
stated on the document or in that certificate.
21 Members to take Oath of Allegiance
Except for the purpose of enabling this Article to be complied
with and for the election of a Speaker, no member of the Niue Assembly
shall be
permitted to sit or vote therein until he has taken and subscribed the following
oath before the Speaker 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, Her (or His) heirs and successors
according to law, and that I will justly and faithfully carry out my duties as
member of the Niue
Assembly. So help me God.
22 Procedure of Niue Assembly
(1) The Niue Assembly shall meet at such places and at such times
as the Speaker, acting on the request of the Premier, from time
to time appoints
in that behalf: Provided that, if more than 6 weeks has elapsed since the time
of the last meeting of the Assembly,
any 4 or more members of the Assembly who
are not Ministers may request the Speaker to appoint a place and time for a
meeting of
the Assembly, and the Speaker shall appoint a place and time in that
behalf, such time to be not earlier than 5 days nor later than
10 days after but
excluding the date of the making of the request.
(2) The Speaker shall
preside at every meeting of the Niue Assembly at which he is present.
(3) Except where this Constitution otherwise provides, every question
before the Niue Assembly shall be decided by a majority of the
votes of the
members present.
(4) Subject to any law requiring any member of the
Assembly to refrain from voting on any matter concerning a contract in whose
execution
and enjoyment he is interested, every member present when any question
is put to the Niue Assembly shall vote thereon.
(5) The Speaker or other
presiding officer shall not have a casting vote and the Speaker shall not have a
deliberative vote, but a
member presiding in place of the Speaker shall have a
deliberative vote.
(6) Subject to Article 20(9)(a) of this Constitution,
no business shall be transacted at any meeting of the Niue Assembly if the
number
of members then present, including any member presiding in place of the
Speaker, is less than 10.
(7) The powers of the Niue Assembly shall not
be affected by any vacancy in its membership.
(8) No Bill shall be
passed unless it has been read 3 times in the Assembly.
(9) Any Bill or
other business before the Assembly at its dissolution shall lapse.
(10)
Subject to this Constitution, the Niue Assembly may from time to time make
Standing Orders for the regulation and orderly conduct
of its proceedings and
the despatch of business.
Languages
(1) The Speaker or any member of the Niue Assembly may speak in
the Assembly either in the Niuean language or in the English language:
Provided that the Clerk of the Niue Assembly shall, at the request of the Speaker or of any member made through the Speaker, arrange for the remarks of the Speaker or of any member to be translated into the English language or the Niuean language, as the case may be.
(2)
Every Bill introduced into the Niue Assembly and every Act shall be in the
Niuean language and also in the English language:
Provided that the Assembly may, by resolution, determine that any Bill or Act shall be in the Niuean language or English language only.
(3) The records of proceedings in the Niue
Assembly or in Committees thereof shall be in the Niuean language, and such of
those records
as are specified in the Standing Orders of the Assembly or as the
Assembly may by resolution determine shall also be in the English
language.
(4) The Niuean version and the English version of this Constitution and,
subject to subclause (5) of this Article, the Niuean version
and the English
version of any record of proceedings in the Niue Assembly or any Committee
thereof and of any enactment shall be
equally authentic:
Provided that if in any case there is any apparent discrepancy between any provision of the Niuean version and of the English version of this Constitution or of any such record or of any enactment, then, in construing that provision, regard shall be made to all the circumstances that tend to establish the true intent and meaning of that provision.
(5) In
the case of any record of proceedings in the Niue Assembly or any Committee
thereof the Assembly may by resolution determine,
and in the case of any
enactment it may be expressly provided, that where there is any conflict between
the Niuean version and the
English version of any such record or of any such
enactment, one version only, being either the Niuean version or the English
version,
shall prevail.
24 Privileges
of Niue Assembly and its members
(1) The validity of any
proceedings in the Niue Assembly or in any Committee thereof, and the validity
of any certificate duly given
by the Speaker under Article 34 or Article 35 of
this Constitution shall not be questioned in any Court.
(2) Neither the
Speaker nor any member or officer of the Niue Assembly 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) Neither the Speaker nor any member
of the Niue Assembly nor any 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 the Assembly 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 the Niue
Assembly of any report, paper, vote, or proceeding.
(5) Subject to this Article, the privileges of the Niue Assembly and of
the Committees thereof and the privileges of members and the
Speaker of the
Assembly and of the persons entitled to speak therein may be determined by Act;
and any such Act may define offences
relating to breach of privilege or contempt
of the Assembly, and may make provision for the trial and punishment of such
offences
by the High Court, but not otherwise.
25 Remuneration of Premier, other
Ministers, other members of the Niue Assembly, and the Speaker
(1) The Niue Public Service Commission may from time to time, and
shall when there is a general alteration of the levels of remuneration
of
employees of the Niue Public Service, report and make recommendations to the
Assembly as to the levels of remuneration and other
entitlements of the Premier,
other Ministers, the members of the Assembly who are not Ministers, and the
Speaker.
(2) The Premier, the other Ministers, the members of the Niue
Assembly who are not Ministers, and the Speaker may receive such remuneration
and allowances and such other benefits as may be prescribed by Act.
(3)
If, in the opinion of the Speaker, any Bill, or any amendment to any Bill, deals
with a matter to which this Article relates,
that Bill or that amendment may not
be introduced unless –
(a) There is before the Assembly a report and recommendations made by the Niue Public Service Commission pursuant to this Article; and
(b) The issues raised by that Bill or by that amendment are, in the opinion of the Speaker, substantially similar to those considered in the Commission’s report and recommendations.
26
Dissolution of the Niue Assembly
(1) The Speaker shall, by notice
in the Niue Gazette dissolve the Niue
Assembly –
(a) At the expiration of 3 years from the date of the last preceding general election, if it has not been sooner dissolved;
(b) At any time after the expiration of 2 years and 9 months from the date of the last preceding general election, if the Premier so requests;
(c) If, pursuant to Article 6(3) of this Constitution, the Premier requests him to dissolve the Assembly;
(d) If a new election of Premier has been held pursuant to Article 5(4) of this Constitution and that new election has become of no effect pursuant to that subclause.
(2) There shall be a general
election of the members of the Niue Assembly at such time, being not less than 4
weeks nor more than
6 weeks after the date of every dissolution of the Assembly,
as the Speaker shall, at the request of the Premier, appoint, or, if
the Premier
makes no such request within 7 days of any dissolution, as the Speaker, acting
in his own discretion, shall appoint,
by notice in the
Niue Gazette.
27 Clerk of the Niue Assembly
(1) There shall be an officer of the Niue Public Service to be
called the Clerk of the Niue Assembly, who shall be responsible for
–
(a) Arranging the business and keeping the records of the proceedings of the Niue Assembly; and
(b) Arranging for the signing of documents and giving of certificates by the Speaker, whenever any signature or certification by the Speaker is required pursuant to this Constitution or to any enactment, and keeping the records of all documents and certificates so signed or given.
(2) The Clerk of the Niue Assembly shall
perform with respect to the Speaker and to the members of the Assembly such
secretarial and
other functions as may be required.
The Making of Laws
28 Power to make laws
(1) Subject to this Constitution, the Niue Assembly may make laws
for the peace, order, and good government of Niue.
(2) The powers of the
Niue Assembly shall extend to the making, in relation to Niue, of laws having
extraterritorial operation, that
is to say, affecting or concerning any person
or matter or thing outside Niue or any act done or omitted outside Niue.
(3) Without limiting the generality of the powers conferred by this
Article, those powers shall include the power to repeal or revoke
or amend or
modify or extend, in relation to Niue, any law in force in Niue.
(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 Niue.
29 Introduction of Bills, etc, into
Niue Assembly
Subject to this Constitution and to the Standing
Orders of the Niue Assembly, any member of the Assembly may introduce any Bill
or
propose any motion for debate in or present any petition to the Assembly, and
the same shall be considered and disposed of in accordance
with the Standing
Orders.
30 Restrictions with regard to
financial measures
Except with the recommendation or consent of
the Premier or another Minister acting on behalf of the Premier, the Niue
Assembly shall
not proceed upon any Bill (including an amendment to any Bill)
which, in the opinion of the Speaker, would dispose of or charge any
of the
public revenues of Niue, or revoke or alter, otherwise than by way of reduction,
any disposition thereof or charge thereon,
or impose or alter or abolish any
toll, rate, due, fee, fine, or tax.
31
[Repealed]
32 Special provisions
with regard to measures affecting the Niue Public Service
(1) The
Niue Assembly shall not proceed upon any Bill or upon an amendment to any Bill,
after its introduction, if, in the opinion
of the Speaker, that Bill or that
amendment makes provision concerning –
(a) The pay, allowances, discipline, control and management of the Niue Public Service; or
(b) The appointment, promotion, transfer, retirement, removal, suspension, and dismissal of employees of the Niue Public Service, including the review of or appeals against any decisions in relation thereto –
unless the Assembly has before it a report, made by the Niue Public Service Commission pursuant to this Article, on the legal, constitutional, and policy issues raised by that Bill or by that amendment.
(2) If, pursuant to this Article, the
Assembly by resolution decides to request the Niue Public Service Commission to
report in relation
to a Bill or to an amendment, the Speaker shall cause to be
sent to the Niue Public Service Commission a copy of that resolution,
and an
account of the Assembly’s discussions thereon, together with a copy of
that Bill, or as the case may be, of that amendment
and of the Bill to which it
relates; but, if the Assembly takes a contrary decision, the Bill or the
amendment to which that decision
relates shall lapse.
(3) When, pursuant
to this Article, the Assembly has received the report of the Niue Public Service
Commission in relation to a Bill
or an amendment to a Bill, and a new or revised
amendment is thereafter introduced, the requirements of this Article shall not
apply
in relation to that new or revised amendment, unless, in the opinion of
the Speaker, it raises legal, constitutional, or policy issues
which were not
raised by the previous request to that Commission or by its report.
33 Special provisions with regard to
measures affecting Niuean land
(1) The Niue Assembly shall not
proceed upon any Bill or upon an amendment to any Bill, after its introduction,
if in the opinion
of the Speaker, that Bill or that amendment makes provision
concerning –
(a) The customary title to Niuean land; or
(b) The alienation of Niuean land; or
(c) The purchase, taking, or other acquisition of Niuean land for any public purpose; or
(d) [Repealed] unless the Assembly has before it a report, made by a Commission of Inquiry, having such powers and authority to summon witnesses and to receive evidence as are conferred on a Commission of Inquiry by law, on the legal, constitutional, and policy issues raised by the Bill or by that amendment.
(2) If the Assembly by resolution decides
that any Bill or amendment to which this Article applies is worthy of
consideration by a
Commission of Inquiry pursuant to this Article, the Cabinet
shall as soon as possible consider whether and in what manner it should
act to
enable effect to be given to the Assembly’s decision; but, if the Assembly
takes a contrary decision in relation to
any such Bill or amendment, that Bill
or that amendment shall lapse.
(3) Whenever the Assembly has by
resolution decided that any Bill or amendment to which this Article applies is
worthy of consideration
by a Commission of Inquiry pursuant to this Article
–
(a) The Cabinet may establish a Commission of Inquiry with appropriate terms of reference, or may make any necessary alteration in the terms of reference of a Commission of Inquiry already established to inquire into any matter affecting Niuean land; and the Premier shall as soon as possible inform the Assembly of any arrangement that has been made by the Cabinet to enable effect to be given to the Assembly’s decision; and
(b) Whenever it appears that such an arrangement has been made by the Cabinet, the Speaker shall cause to be sent to the Commission of Inquiry designated by the Cabinet for the purpose of considering the Bill or the amendment to which the Assembly’s resolution relates a copy of that resolution and an account of the Assembly’s discussions thereon, together with a copy of the Bill or, as the case may be, a copy of the amendment and of the Bill to which it relates, and the Commission of Inquiry shall, pursuant to this Article, in due course make its report to the Assembly.
(4)
When, pursuant to this Article, the Assembly has received the report of a
Commission of Inquiry in relation to a Bill or to an
amendment to a Bill and a
new or revised amendment is thereafter introduced, the requirements of this
Article shall not apply in
relation to that new or revised amendment, unless, in
the opinion of the Speaker, it raises legal, constitutional, or policy issues
which were not raised by the previous report of that Commission of Inquiry.
(5) In this Article –
"alienation" in relation to Niuean land, means the making or grant of any transfer, sale, gift, lease, licence, easement, profit, mortgage, charge, encumbrance, trust, or other disposition, whether absolute or limited, and whether legal or equitable; and includes a contract to make any such alienation; and also includes the surrender or variation of a lease, licence, easement, or profit and the variation of the terms of any other alienation as hereinbefore defined;
"customary title" means title in accordance with the customs and usages of Niue;
"Niuean land" means land in Niue vested in the Crown but held by Niueans according to the customs and usages of Niue; and includes any land granted by the Crown in fee simple before the 1st day of April 1916 and any customary land declared to be Niuean freehold land or native freehold land by an order of any Court before the 1st day of November 1969.
34 When
Bills become law
(1) Subject to the requirements of Article 35 of
this Constitution in those cases to which that Article applies, a Bill shall
become
law if, and only if –
(a) It has been passed by the Niue Assembly; and
(b) The Speaker, being satisfied that it has been passed in accordance with this Constitution and with the Standing Orders of the Assembly, has endorsed on a copy of the Bill a certificate of compliance with the requirements of this Article, and has, in the presence of the Clerk of the Niue Assembly, signed that certificate and sealed that copy with the Seal of Niue, and inscribed thereon the date of that signing and sealing; and
(c) The Clerk of the Niue Assembly has, in the presence of the Speaker, countersigned the certificate on that copy of the Bill.
(2) A Bill which becomes law in accordance
with the requirements of this Article, shall be an Act of the Niue Assembly.
(3) Subject to its provisions, an Act shall come into force on the date
of its certification and sealing.
35
Power of the Niue Assembly to repeal or amend this Constitution
(1) A Bill repealing or amending or modifying or extending any of
the provisions of the Niue Constitution Act 1974 or of this Constitution
or
making any provision inconsistent with any of those provisions shall become law
if, and only if –
(a) It has been passed by the Niue Assembly in compliance with the following requirements –
(i) On both the final reading, and on the reading which preceded it, the Bill receives the affirmative votes of not less than two-thirds of the total membership of the Assembly, as provided in Article 16(2)(b) of this Constitution; and
(ii) The vote on the final reading takes place at least 13 weeks after but excluding the day of the vote on the reading which preceded it; and
(b) It has thereafter been submitted to a poll, conducted in a manner prescribed by law, of the persons who at the time of that poll were entitled to vote as electors at a general election of members of the Niue Assembly, and has at that poll received the support –
(i) In the case of any Bill repealing or amending or modifying or extending any of the provisions of sections 2 to 9 of the Niue Constitution Act 1974 or of Articles 1 and 69 of this Constitution or of this Article, by two-thirds of the votes validly cast; and
(ii) In any other case, of a majority of the votes validly cast; and
(c) The Speaker, being satisfied that it has been passed in accordance with this Constitution and with the standing Orders of the Assembly, has endorsed on a copy of the Bill a certificate of compliance with the requirements of this Article, and has, in the presence of the Clerk of the Niue Assembly, signed that certificate and sealed that copy with the Seal of Niue, and inscribed thereon the date of that signing and sealing; and
(d) The Clerk of the Niue Assembly has, in the presence of the Speaker, countersigned the certificate on that copy of the Bill.
(2) A Bill which becomes law in accordance
with the requirements of this Article shall be part of this Constitution and
shall be described
as a constitutional amendment.
(3) Subject to its
provisions, a constitutional amendment shall come into force on the date of its
certification and sealing.
36 New
Zealand Parliament not to legislate for Niue, and New Zealand subordinate
legislation not to apply to Niue, except with consent
(1) No Act,
and no provision of any Act, of the Parliament of New Zealand passed on or after
Constitution Day shall extend to Niue
as part of the law of Niue, unless –
(a) The passing of that Act or the making of that provision, so far as it extends to Niue, has been requested and consented to by resolution of the Niue Assembly; and
(b) It is expressly declared in that Act that the Niue Assembly has requested and consented to the enactment of that Act or of that provision.
(2) No subordinate legislation made after
Constitution Day pursuant to any Act of the Parliament of New Zealand shall
extend to Niue
as part of the law of Niue unless –
(a) At the date of its making, the Act pursuant to which that subordinate legislation was made extends to Niue as part of the law of Niue; and
(b) The extension to Niue of that subordinate legislation has been requested and consented to by the Cabinet of Ministers of Niue; and
(c) It is expressly declared in that subordinate legislation that the Cabinet of Ministers of Niue has requested and consented to that extension.
(3) Any Act of the Parliament of New Zealand
which, pursuant to this Article, extends to Niue as part of the law of Niue,
shall have
the same force and effect as if it were an Act of the Niue Assembly.
(4) In this Article the term "subordinate legislation" means any Order
in Council, Proclamation, regulations, rules, or other subordinate
legislation.
PART
III
THE JUDICIARY
The High Court of Niue
37 High Court
established
(1) There shall be a Court of record, to be called
the High Court of Niue, for the administration of justice in Niue.
(2)
Except as provided in this Constitution or by law, the High Court shall have all
such jurisdiction (both criminal jurisdiction,
and civil jurisdiction including
jurisdiction in relation to land) as may be necessary to administer the law in
force in Niue.
(3) There shall be 3 Divisions of the High Court, namely
–
(a) A Civil Division;
(b) A Criminal Division; and
(c) A Land Division.
(4) A Judge of the High
Court may exercise any of the jurisdiction and powers of a Judge of any
Division.
(5) Subject to the subclauses (1), (2), (3) and (4) of this
Article and to Article 38, each Judge of the High Court, or any 2 or more
Judges, may, at any time in Niue or beyond Niue, exercise all the powers of the
High Court.
38 Jurisdiction of
Divisions of the High Court
(1) Each Division of the High Court
shall hear and determine –
(a) Such proceedings as are, under or by virtue of any enactment, to be heard and determined by that Division;
(b) Such other proceedings as may from time to time be determined by the Chief Justice, either generally or in any particular proceedings or classes of proceedings.
(2) The Land Division shall have
all the jurisdiction and powers in relation to land that immediately before the
commencement of this
Article were conferred on the Land Court of Niue, and shall
have such other jurisdiction as may be conferred on it by enactment.
39 Judges of the High Court
(1) The High Court shall consist of one or more Judges, each of
whom shall be appointed under the provisions of this Constitution.
(2)
If only one Judge is so appointed, he shall be the Chief Justice of Niue, but if
more than one Judge is appointed, one of them
shall be appointed as the Chief
Justice of Niue.
(3) A person shall not be qualified for appointment as
a Judge of the High Court under this Article, unless he possesses such
qualifications
as may, subject to this Constitution, be prescribed by Act.
40 Acting Chief Justice of the High
Court
Where any vacancy exists in the office of Chief Justice, or
it appears that the Chief Justice is, for any reason, for the time being
unable
to perform the functions of his office, those functions may be performed by
another Judge of the High Court, and if there
is more than one such Judge who is
able to perform those functions, then by the Judge who is senior in terms of the
date of his appointment
to that office, and that Judge may continue to perform
those functions until a new Chief Justice is appointed, or, as the case may
be,
until the Chief Justice is again able to perform the functions of his office.
41 Temporary Judges
The
Cabinet may at any time appoint any person of any age who is otherwise qualified
for appointment to hold office as Chief Justice
or as another Judge for such
time, not exceeding one year, as is specified in the warrant of appointment.
Appointment, Tenure of Office, and Salaries of Judges
42 Appointment of Judges
The Chief Justice and other Judges of the High Court shall be
appointed as follows –
(a) The Chief Justice of the High Court shall be appointed by the Governor-General, acting on the advice of Cabinet tendered by the Premier;
(b) The other Judges of the High Court shall be appointed by the Governor-General, acting on the advice of Cabinet tendered by the Chief Justice of the High Court and the Minister of Justice.
43 Tenure
of office of Judges
(1) Except in the case of an appointment made
under Article 41, no person who has attained the age of 68 years shall be
appointed
to or continue to hold office as the Chief Justice or other Judge of
the High Court.
(2) Nothing done by the Chief Justice or other Judge of
the High Court in the performance of his functions shall be deemed to be invalid
by reason only that he has reached the age at which he is required by this
Article to retire or that his term has expired, as the
case may be.
(3)
The Chief Justice or any other Judge of the High Court may resign his office in
writing under his hand addressed to the Governor-General.
44 Salaries of Judges
(1) The salaries of the Chief Justice and other Judges of the
High Court shall be determined by Act and shall be a charge on the Niue
Government Account.
(2) The salaries of those Judges shall not be
diminished during their period of office, unless as part of a general reduction
of salaries
applied proportionately to all persons whose salaries are determined
by enactment.
45 Removal of Judges
from office
(1) The Chief Justice and any other Judge of the High
Court shall not be removed from office except by the Governor-General acting
on
the advice of Cabinet tendered by the Premier and given in accordance with a
recommendation contained in a resolution of the Niue
Assembly.
(2) The
only ground upon which the Chief Justice and any other Judge may be removed from
office is that of inability to discharge
the functions of his office (whether
arising from infirmity of body or mind or from any other cause) or misbehaviour.
Commissioners of the High Court
46 Commissioners of the
High Court
(1) Cabinet may appoint Commissioners of the High
Court of Niue, who shall hold office for such time as shall be specified in
their
warrants of appointment.
(2) No person who has attained the age of
68 years or who is a Member of the Niue Assembly shall be appointed to or
continue to hold
office as a Commissioner of the High Court.
(3) Subject
to subclause (2), the office of Commissioner of the High Court may with the
approval of the Public Service Commission
be held concurrently with any office
in the Niue Public Service, or any other position or employment, but a
Commissioner of the High
Court who is a member of the Niue Public Service shall
not in the exercise of his functions be under the control of the Niue Public
Service Commission.
(4) Nothing done by a Commissioner of the High Court
in the performance of his functions shall be deemed to be invalid by reason only
that he has reached the age at which he is required by this Article to retire,
or that his term of office has expired.
(5) A Commissioner of the High
Court may resign by writing under his hand addressed to the Premier.
47 Temporary Commissioners
The Cabinet may at any time appoint any person of any age who is
otherwise qualified for appointment to hold office as a Commissioner
of the High
Court for such time, not exceeding one year, as is specified in his warrant of
appointment.
48 Jurisdiction of
Commissioners of the High Court
(1) A Commissioner of the High
Court shall possess and may exercise such of the functions of a Judge of the
High Court (whether judicial
or administrative, but excluding those vested
exclusively in the Chief Justice) as may be prescribed by Act, either generally
or
with respect to any particular Commissioner or Commissioners of the High
Court, and all references in any enactment to a Judge of
the High Court shall be
construed as applying to a Commissioner of the High Court within the limits of
the jurisdiction conferred
on him.
(2) An Act may provide for appeals
from a Commissioner of the High Court to a Judge of that Court.
49 Remuneration of Commissioners of
the High Court
(1) Commissioners of the High Court shall receive
such salaries and allowances as may from time to time be prescribed by
enactment;
but if any Commissioner is appointed on terms which do not require
him to devote the whole of his time to performing the duties of
that office, he
shall receive by way of salary and allowances, the amount that is appropriate,
having regard to the extent of the
duties performed by him and to the terms and
conditions of his appointment.
(2) The salaries of Commissioners shall
be a charge on the Niue Government Account.
(3) During the term of
office of any Commissioner, his salary may be increased whether to take account
of any increase in general
levels of remuneration or for any other reason, but
his salary shall not during the term of his office be reduced, unless as part
of
a general reduction of salaries applied proportionately to all persons whose
salaries are determined by enactment.
50 Removal of Commissioners from
office
(1) A Commissioner of the High Court shall not be removed
from office except by Cabinet, acting in accordance with a recommendation
of the
Chief Justice.
(2) The only ground upon which a Commissioner may be
removed from office is that of inability to discharge the functions of his
office
(whether arising from infirmity of body or mind or from any other cause)
or of misbehaviour.
Justices of the Peace
51 Justices of the Peace
(1) The Cabinet may appoint Justices of the Peace for Niue, who
shall hold office for such time as may be prescribed in their warrants
of
appointment.
(2) Any two Justices of the Peace for Niue, acting
together, shall possess and may exercise in Niue any of the functions that are
by law conferred generally on Commissioners of the High Court; and Article 48 of
this Constitution, with the necessary modifications
shall apply as if references
therein to a Commissioner of the High Court were a reference to any two Justices
of the Peace for Niue;
but this subclause shall not apply in the case of any
Justice of the Peace who is a member of the Niue Assembly or who has attained
the age of 68 years.
(3) A Justice of the Peace for Niue shall not be
removed from office except by Cabinet acting in accordance with a recommendation
of the Chief Justice.
(4) Justices of the Peace shall receive, in
respect of any duties they perform, such remuneration as may from time to time
be prescribed
by enactment.
Court of Appeal
52 Court of Appeal
established
(1) There shall be a Court of Appeal of Niue, which
shall be a superior Court of record.
(2) Subject to articles 53 and 54,
the Judges of the Court of Appeal shall be –
(a) The Chief Justice and other Judges of the High Court who shall be a member of the Court by virtue of their office; and
(b) Such other persons, possessing such qualifications as shall be prescribed by Act, as may from time to time be appointed by the Governor-General acting on the advice of the Cabinet tendered to him by the Premier.
(3) The Chief Justice shall be the President
of the Court of Appeal, but in his absence the Judge present who is highest in
seniority
shall preside.
(4) Judges of the Court of Appeal shall take
seniority according to their respective dates of their first appointment as
Judges whether
of the High Court or of the Court of Appeal or of any Court in
any place outside Niue.
(5) An appointment under paragraph (b) of
subclause (2) of this Article shall be for a period of time or for the trial or
hearing
of one or more particular causes or matters, as may be specified in the
instrument of appointment.
53 Number
of Judges
(1) Any three Judges of the Court of Appeal may at any
time in Niue or beyond Niue, exercise all the powers of the Court: Provided
that
the Court may have its judgment delivered by any one of the Court’s
members who is available, and, if there is no such
member, then through the
Registrar of the Court of Appeal.
(2) The judgment of the Court of
Appeal shall be in accordance with the opinion of the majority of the Judges
present.
54 Judges not to sit on
appeals from own decision
A Judge of the Court of Appeal shall
not sit on the hearing of an appeal from any decision made by him or by a Court
on which he sat
as a member.
55
Determination of Court of Appeal
(1) Except as provided in
subclause (2) of this Article, or as may be provided by enactment, the
determination of the Court of Appeal
shall be final.
(2) Nothing in this
Article shall limit the right of Her Majesty in Council, upon the petition of
any person aggrieved by any decision
of the Court of Appeal to admit that
person’s appeal therefrom upon such conditions as Her Majesty in Council
shall think fit
to impose.
55A
Jurisdiction of Court of Appeal
(1) Subject to the provisions of
this Constitution, the Court of Appeal shall have jurisdiction to hear and
determine any appeal from
a judgment of the High Court.
(2) Subject to
the provisions of this Constitution, and such time limits as may be prescribed
by enactment within which an appeal
shall be commenced, and except where under
any Act a judgment of the High Court is declared to be final, an appeal shall
lie to the
Court of Appeal from a judgment of the High Court –
(a) As of right, if the High Court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of this Constitution;
(b) As of right, from any conviction by the High Court in the exercise of its criminal jurisdiction whereby the appellant has been sentenced to death or to imprisonment for life or for such term, or to such fine, and from any such sentence (not being a sentence fixed by law) as shall be prescribed by Act;
(c) As of right, when the matter in dispute on the appeal amounts to not less than such value as shall be prescribed by Act;
(d) With the leave of the High Court in any other case, if in the opinion of that Court the question involved in the appeal is one which by reason of its general or public importance, or of the magnitude of the interest affected, or for any other reason, ought to be submitted to the Court of Appeal for decision;
(e) In such other cases as may be prescribed by Act.
(3) Notwithstanding anything in subclause (2)
of this Article, and except where under any Act a judgment of the High Court is
declared
to be final, the Court of Appeal may, in any case in which it thinks
fit and at any time, grant special leave to appeal to that Court
from any
judgment of the High Court, subject to such conditions as to security for costs
and otherwise as the Court of Appeal thinks
fit.
(4) In this Article the
term "judgment" includes any judgment, decree, order, writ, declaration,
conviction, sentence, or other determination.
55B Transmission of order of Court of
Appeal
The determination of the Court of Appeal on any appeal
from the High Court shall be transmitted to the Registrar of the High Court
by
the Registrar of the Court of Appeal under the seal of the Court of Appeal, and
judgment shall thereupon be entered by the High
Court in conformity with that
determination, or such other proceedings by way of a new trial or otherwise
shall be taken in the High
Court as are required by that determination.
Oath of Allegiance and Judicial Oath
55C Oath of Allegiance
and Judicial Oath
(1) The Chief Justice, and other Judges of the
High Court, and every Judge of the Court of Appeal, and every Commissioner, and
Justice
of the Peace for Niue, shall, as soon as may be after his acceptance of
office, take and subscribe the following oaths –
(a) An Oath of Allegiance in the following form –
"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 Niue, Her (or His) heirs, and successors, in accordance with the Constitution and the law. So help me God";
(b) The Judicial Oath in the following form –
"I,....................................., swear by Almighty God that I will well and truly serve Her (or His) Majesty (Specify as above) as the Head of State of Niue, Her (or His) heirs, and successors in accordance with the Constitution and the law, in the office of.....................................; and I will do right to all manner of people, without fear or favour, affection or ill will. So help me God."
(2) The oaths
required to be taken by this Article shall be taken before the following persons
–
(a) In the case of the Chief Justice, before the Governor-General;
(b) In the case of any other Judge of the High Court, or any Judge of the Court of Appeal, before the Governor-General or before the Chief Justice;
(c) In the case of the Commissioner of the High Court or a Justice of the Peace, before the Chief Justice or any Judge of the High Court, or the Speaker of the Niue Assembly.
(3) If any person mentioned in
this Article declines or neglects, when the oaths required to be taken by him
under this Article are
duly tendered, to take those oaths, he shall if he has
already entered on his office vacate the same, and if he has not entered on
the
same be disqualified from entering on the same; but no person shall be compelled
in respect of the same appointment to the same
office to take any oath more than
once: Provided that no proceedings before any such person may be questioned in
any Court solely
on the ground that that person failed to take the oaths
prescribed by this Article.
PART
IV
THE PUBLIC REVENUES OF
NIUE
56 Legislative control
of public revenue and expenditure
(1) No taxes shall be imposed
except by law.
(2) All revenue received by the Government of Niue shall
be paid into an appropriate public fund or account; and every such fund or
account, unless established by existing law, shall be established by or pursuant
to Act.
(3) All expenditure of public money, unless authorised by
existing law, shall be authorised by Act.
57 Niue Government Account
(1) There shall be a Niue Government Account.
(2) All
taxes and other revenues and money raised or received by the Government of Niue
shall be paid into the Niue Government Account
unless required or permitted by
law to be paid into any other public fund or account.
58 Annual estimates and appropriations
(1) Except as provided in Article 59(4)(b) of this Constitution
or where authorised by a specific appropriation contained in any existing
law or
in any Act, all expenditure of public money in any financial year shall be
charged to votes specified in the Appropriation
Act and in accordance with the
estimates for that year.
(2) Each Appropriation Act shall relate to one
financial year, and shall lapse at the end of that year.
59 Cabinet to supervise expenditure
(1) It shall be the responsibility of the Cabinet to make
proposals to the Assembly as to the projected levels of public revenue and
of
public expenditure in each financial year, and as to all other budgetary
matters. In particular, the Premier or another Minister
shall introduce or take
responsibility in the Assembly for all Bills relating to financial measures, and
for the submission of a
detailed statement of estimated expenditure in respect
of each financial year.
(2) The Cabinet shall also be accountable to the
Assembly for all public expenditure, and for relating such expenditure to the
appropriations
made by the Assembly pursuant to Article 58 of this Constitution,
or to any discretion to approve expenditure pursuant to subclause
(4) of this
Article, and shall lay the accounts for each financial year before the Assembly.
(3) Any delegation by the Cabinet, whether or not to be one or more of
its own members, of the power to approve public expenditure
shall, subject to
existing law, be made by or pursuant to Act, and shall be without prejudice to
the generality of the Cabinet’s
continuing responsibilities under this
Article.
(4) Subject to such lower limits and such restrictions as may
from time to time be prescribed by any enactment, the Cabinet may approve
the
expenditure of such sums as it considers necessary –
(a) In anticipation of provision to be made in the Appropriation Act for any financial year; but the total amount issued and paid under this paragraph in relation to any vote in any financial year shall not exceed the unexpended balance of the corresponding vote in the Appropriation Act for the preceding financial year, together with an amount equal to one-fourth of that vote, and all money so spent shall be included in the estimates for that year; or
(b) Where, during the period between the passing of the Appropriation Act for any financial year and the end of that financial year, it is desirable that money should be expended in excess of or without the appropriation of the Niue Assembly, but the total amount of all sums issued and paid under this paragraph in any financial year shall not exceed 11/2 percent of the total amount of all sums appropriated by the Appropriation Act for that financial year.
(5) All expenditure made under subclause
(4)(b) of this Article shall be charged as unauthorised expenditure to the
appropriate fund
or account.
(6) A statement of the unauthorised
expenditure for any financial year shall be included in the accounts for that
year laid before
the Assembly.
60
Audit
(1) The Audit Office of New Zealand shall be the auditor of
the Niue Government Account and of all other public funds or accounts,
and of
the accounts of all Departments and Offices of executive government, and of such
other public or statutory authorities or
bodies as may be provided by law.
(2) The Audit Office shall, at least once annually, prepare and forward
to the Speaker of the Niue Assembly for presentation to the
Assembly a report
containing such information as is required to be submitted by any enactment,
together with such other information
relating to the Niue Government Account, or
to such other funds or accounts which under this Constitution or under any
enactment
are required to be audited by the Audit Office, as that office
considers desirable.
PART
V
HEALTH, EDUCATION AND OTHER SOCIAL
SERVICES
61 Health, education and
other social services
(1) The Cabinet shall be responsible for
establishing and maintaining in Niue such hospitals and other institutions and
for providing
such other services as it considers necessary for the public
health.
(2) The Cabinet shall be responsible for establishing and
maintaining in Niue such public schools and for making such other provision
as
it considers necessary to provide educational opportunities for the people of
Niue.
(3) The Cabinet shall be responsible for establishing and
maintaining such other institutions and services and for making such other
provision as it considers necessary to provide a reasonable standard of living
for the people of Niue and to secure their economic,
social, and cultural
welfare.
(4) Nothing in this Article shall be construed as limiting the
powers conferred on the Cabinet by Article 2 of this Constitution to
exercise on
behalf of Her Majesty the executive authority of Niue.
PART
VI
THE NIUE PUBLIC
SERVICE
62 Niue Public Service
(1) There shall be a Niue Public Service comprising such
employees as may be necessary to assist the Cabinet in exercising the executive
authority of Niue and to perform such other functions or exercise such powers as
may be prescribed by law.
(2) Except as provided in subclause (4) of
this Article, no person shall be employed in the service of the Government of
Niue unless
he is an employee of the Niue Public Service.
(3) Except as
may otherwise be provided by Act, employment by a public corporation or other
statutory authority or public body constituted
under the law of Niue shall, for
the purposes of this Article, be considered as employment in the service of the
Government of Niue.
(4) Subclause (2) of this Article shall not apply to
service remunerated by way of fees or commission only, or honorary service, or
service as –
(a) A Judge or Commissioner of the High Court or a Justice of the Peace for Niue, or any other judicial officer appointed by or pursuant to existing law or Act; or
(b) A Minister, or any other member or the Speaker of the Niue Assembly; or
(c) A member of the Niue Public Service Commission.
63
Secretary to the Government
(1) There shall be an officer of the
Niue Public Service to be called the Secretary to the Government, who shall be
the permanent
head of the Niue Public Service and the chief administrative
officer of the Government of Niue.
(2) In addition to the other
functions and powers conferred upon him by law, the Secretary to the Government
shall be responsible
to the Cabinet for the general direction of the work of all
departments and offices of the executive government. The head of each
Department
or office shall account for the work of that Department or office to the
Secretary to the Government, as well as to the
Minister primarily responsible
for that Department or office or, as the case may be, for the function performed
by that Department
or office.
(3) Notwithstanding anything in Article
69(2) of this Constitution, the Niue Public Service Commission shall consult the
Premier and
shall obtain the concurrence of the Cabinet before it appoints any
person to be Secretary to the Government.
(4) Notwithstanding anything
in any enactment, no appeal by any employee of the Niue Public Service shall lie
against the promotion
or appointment of any person to the office of Secretary to
the Government.
Niue Public Service Commission
64 Niue Public Service
Commission
(1) There shall be a Public Service Commission for
Niue, to be called the Niue Public Service Commission.
(2) The
Commission shall consist of 3 members who shall be appointed by the Cabinet.
(3) The Chairman of the Commission shall be appointed by the Cabinet
from amongst the members of the Commission.
(4) Each member of the
Commission, and the Chairman, shall be appointed for a term of 3 years but may
from time to time be reappointed.
(5) Each member of the Commission
shall receive such salary allowances and benefits as the Cabinet determines from
time to time.
(6) A member of the Commission may resign his office at
any time by written notice to the Premier, or may be removed from office by
the
Cabinet on the ground that he is unable to discharge the functions of his office
(whether by reason of infirmity of body or mind
or from any other cause) or
misbehaviour.
65 Acting members of
Commission
(1) In the event of the incapacity, by reason of
illness or absence or any other cause, of any member of the Commission, the
Cabinet
may appoint a person to act in place of that member during that
incapacity.
(2) Any person acting in place of a member of the Commission
pursuant to this Article shall be deemed for all purposes to be a member
of the
Commission, and no appointment of any such person, and no act done by him in his
capacity as a member of the Commission shall
in any proceedings be questioned on
the ground that the occasion for his appointment had not arisen or had ceased.
66 Procedure of Commission
(1) At all meetings of the Niue Public Service Commission, 2
members shall form a quorum.
(2) The Commission shall have power to
invite such other persons as it thinks fit to assist in its deliberations.
(3) At least 2 members of the Commission shall concur in any decision of
the Commission.
(4) Any matter which may be decided by the Commission at
a meeting may also be decided by a minute of the Commission signed by all
the
members.
(5) Subject to this Constitution, the Commission shall regulate
its own procedure.
67 Delegation of
powers
(1) Without prejudice to its continuing responsibility for
the organisation and management of the Niue Public Service, the Commission
may
from time to time, either generally or particularly, delegate any of its powers
in relation to the Niue Public Service (including
this power of delegation) to
any of its members or any other person or to the Secretary to the Government.
(2) Subject to any general or special directions given by the
Commission, a person to whom any powers are so delegated may exercise
those
powers in the same manner and with the same effect as if they had been conferred
on him directly by enactment and not by delegation.
(3) Every person
purporting to act pursuant to any delegation under this Article shall, in the
absence of proof to the contrary, be
presumed to be acting in accordance with
the terms of the delegation.
(4) Any delegation under this section may
be made to a specified person or to persons of a specified class, or may be made
to the
holder for the time being of a specified office.
(5) The
delegation of any powers under this section shall not prevent the exercise of
those powers by the Commission or by any person
making the delegation.
Management of Niue Public Service
68 Functions and powers
of Commission
(1) The Niue Public Service Commission shall be the
employing authority for the Niue Public Service, and, subject to this
Constitution,
shall have the general oversight and control of its organisation
and management, and shall be responsible for reviewing the efficiency
and
economy of all departments and offices of the executive government.
(2)
Subject to this Constitution and to any enactment, the Commission may prescribe
and determine the terms and conditions of employment
of members of the Niue
Public Service, and may issue such instructions or exercise such other powers as
may be necessary to enable
it to perform the functions and carry out the duties
described in this Constitution or conferred on it by law.
(3) In the
performance or exercise of its functions, powers, and duties in relation to the
Niue Public Service, the Commission may
conduct such inquiries and
investigations as it considers necessary, and, for the purpose of conducting any
such inquiry or investigation,
the Commission shall have such powers and
authority to summon witnesses and to receive evidence as are conferred on a
Commission
of Inquiry by law.
(4) Except as provided in Article 69(2) of
this Constitution, the Commission shall be responsible to the Cabinet for the
carrying
out of its duties and the performance and exercise of its functions and
powers, and the Commission shall, as necessary, inform and
advise the Cabinet in
relation to any matter affecting the Niue Public Service.
(5) The
Commission shall as soon as practicable after the 31st day of March in each year
furnish to the Cabinet a report on the state
of the efficiency and economy of
the Niue Public Service and on the work of the Commission for the year ending
with that date. A
copy of that report shall be laid before the Niue Assembly.
69 Appointments to Niue Public Service
(1) All employees of the Niue Public Service shall be appointed
by the Niue Public Service Commission and, subject to this Constitution
and to
any enactment, shall hold office on such terms and conditions as may from time
to time be prescribed or determined by the
Commission.
(2) In all
matters relating to decisions about individual employees (whether they relate to
the appointment, promotion, demotion,
transfer, disciplining, or cessation of
employment of any employee or any other matter) the Commission shall not receive
any direction
from the Cabinet, but shall act independently.
(3) In
establishing and revising the terms and conditions of employment in the Niue
Public Service, the factors to be taken into account
shall include –
(a) The need for the Niue Public Service to recruit and retain an efficient staff, and, in particular, to provide varied careers and adequate advancement for Niueans with special skills;
(b) The need to afford reasonable opportunities of employment in Niue for the people of Niue, and in so doing to have regard to the employment opportunities and levels of remuneration available in New Zealand;
(c) The need to act consistently with Government economic and social policy, bearing in mind that the terms and conditions of employment in the Niue Public Service are a major element in the general well-being of Niue.
(4) The pay and allowances of employees of
the Niue Public Service shall be paid from the Niue Government Account out of
money appropriated
by the Niue Assembly.
Reports and Recommendations to Assembly
70 Commission to make
certain reports and recommendations to Assembly
(1) Pursuant to
Article 25 of this Constitution, the Niue Public Service Commission shall from
time to time consider whether circumstances
require the making of a report and
recommendations to the Assembly as to the levels of remuneration and other
entitlements of the
Premier, the other Ministers, the members of the Assembly
who are not Ministers, and the Speaker, and the Commission shall make such
a
report and recommendations, whenever there is a general alteration of the levels
of remuneration of employees of the Niue Public
Service.
(2) The
Commission shall send to the Speaker any report and recommendations made under
subclause (1) of this Article.
(3) Whenever, pursuant to Article 32 of
this Constitution, the Niue Public Service Commission is requested to report on
the legal,
constitutional, and policy issues raised by any Bill or amendment, it
shall as soon as possible, and in any case within one month
after receiving the
papers relating to the Bill or amendment, respond to that request, either by
furnishing its report to the Speaker,
or, if it requires further time or
information before forming a final opinion, by making that known to the Speaker.
PART
VII
TRANSITIONAL
PROVISIONS
71 Existing law to
continue
Subject to this Constitution –
(a) The existing law shall, until repealed, and subject to any amendment thereof, continue in force on and after Constitution Day;
(b) All rights, obligations, and liabilities arising under the existing law shall continue to exist on and after Constitution Day, and shall be recognised, exercised, and enforced accordingly.
72-80
[Spent]
81 Seal of Niue
Until the Cabinet approves a different form or forms, the Seal of
Niue established by Article 15 of this Constitution shall be in
the form or
forms approved by the Executive Committee for the Seal of Niue established by
section 7 of the Niue Act 1966 (as substituted
by section 3 of the Niue
Amendment Act 1971).
PART
VIII
INTERPRETATION
82 Interpretation
(1) In this Constitution, unless the context otherwise requires
–
"Act" means an Act of the Niue Assembly, as that term is used in Article 34 of this Constitution;
"Cabinet" means the Cabinet of Ministers of Niue established by Article 2 of this Constitution;
"Chief Justice" means the Chief Justice of the High Court of Niue appointed under Article 42 of this Constitution; and includes any other Judge of the High Court authorised under Article 40 of this Constitution to perform the office or exercise any function of the Chief Justice;
"Clerk of the Cabinet" means the Clerk of the Cabinet appointed pursuant to Article 14 of this Constitution;
"Clerk of the Niue Assembly" means the Clerk of the Niue Assembly appointed pursuant to Article 27 of this Constitution;
"Constitution" means this Constitution; and includes the Act of the Parliament of New Zealand intituled the Niue Constitution Act 1974; and also includes any constitutional amendment, as that term is used in Article 35 of this Constitution, when that constitutional amendment has come into force;
"Constitution Day" means the date on which this Constitution comes into force;
"Court of Appeal" means the Court of Appeal of Niue established by Article 52 of this Constitution;
"enactment" means –
(a) Any Act of the Niue Assembly and any Ordinance; and any regulation, rule, bylaw, or other instrument of a like nature made pursuant to any such Act or Ordinance;
(b) Any Act of the Parliament of New Zealand which extends to Niue as part of the law of Niue; and any Order in Council, Proclamation, regulation, rule, ministerial warrant, bylaw, or instrument of a like nature, made pursuant to any Act to which this paragraph applies, if that Order in Council, Proclamation, regulation, rule, ministerial warrant, bylaw, or other instrument extends to Niue as part of the law of Niue;
"existing law" means any law in force in Niue 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 Niue established by Article 37 of this Constitution;
"Judge" in relation to the High Court, means any Judge of that Court including the Chief Justice;
"law" means any law for the time being in force in Niue; and includes this Constitution and any enactment;
"Member of the Niue Assembly," or "Member" used in relation to the Niue Assembly, means any person elected as a member of the Assembly pursuant to Article 16 of this Constitution; but does not include the Speaker; and, in any case where the Assembly has been dissolved, shall have the extended meaning given to that term by subclause (4) of that Article;
"Minister" means a member of the Cabinet; and includes the Premier; and also includes any member of the Niue Assembly appointed as a temporary Minister pursuant to Article 8 of this Constitution;
"Niue Assembly" or "Assembly" means the Niue Assembly established by Article 16 of this Constitution;
"Niue Public Service" means the Niue Public Service established by Article 62 of this Constitution;
"Niue Public Service Commission" or "Commission" means the Niue Public Service Commission established by Article 64 of this Constitution;
"Ordinance" means an Ordinance of the Niue Island Assembly or of the Island Council of Niue;
"Premier" means the member of the Niue Assembly elected as Premier pursuant to Article 4 of this Constitution after he has been appointed as a Minister pursuant to Article 5 of this Constitution; and includes the Minister discharging the functions of Premier pursuant to subclause (1) or subclause (2) of Article 9 of this Constitution;
"Secretary to the Government" means the Secretary to the Government of Niue appointed pursuant to Article 63 of this Constitution;
"Speaker" means the Speaker of the Niue Assembly elected pursuant to Article 20 of this Constitution; and includes any member of the Niue Assembly performing the functions of Speaker pursuant to that Article.
(2) Where in this Constitution any person is
required to subscribe an oath, he shall be permitted, if he so desires to comply
with
that requirement by making and subscribing an affirmation, and the form of
oath prescribed by this Constitution shall be appropriately
modified
accordingly.
(3) Where under this Constitution the holder of any office
is an employee of the Niue Public Service, any reference to the holder
of that
office shall be construed as including, to the extent of his authority, a
reference to any other employee of the Niue Public
Service for the time being
authorised to exercise or perform all or any of the powers, duties, and
functions of that office.
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