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Niue Sessional Legislation |
NIUE
NIUE CONSTITUTION ACT 1974
Act 42 of 1974 (NZ) - 19 October 1974
ANALYSIS
1. Short Title and
commencement
2. Application to
Niue
3. Niue to be
self-governing
4. Constitution of
Niue
5. British nationality and New
Zealand citizenship
6. External
affairs and defence
7. Economic and
administrative assist
8. Co-operation
between New Zealand and Niue
9. New
Zealand
Representative
Schedules
First
Schedule - The Constitution of Niue (Niuean Language
Version)
Second Schedule - The
Constitution of Niue (English Language Version)
-----------------------------------------
An Act to make provision for self-government by the people of Niue, and to provide a constitution for Niue
[29 August 1974
1.
Short Title and commencement
(1)
This Act may be cited as the Niue Constitution Act
1974.
(2) This Act shall come into
force on a date to be appointed for the commencement thereof by the
Governor-General, by Proclamation.
[This Act came into force on 19 October 1974. See the Niue Constitution Act Commencement Order 1974 (S.R. 1974/286)]
2.
Application to Niue
This Act shall
extend to Niue as part of the law of
Niue.
3. Niue
to be self-governing
Niue shall be
self-governing.
4.
Constitution of Niue
(1)
The Constitution set out in its Niuean language version in the First Schedule to
this Act and in its English language version
in the Second Schedule to this Act
shall be the Constitution of Niue (in this Act called the Constitution), and
shall be the supreme
law of
Niue.
(2) Where the Constitution
provides that any New Zealand Court or Department of Government or statutory
authority shall perform any
function or exercise any power in relation to Niue,
that Court, or, as the case may be, the officers of that Department or the
members
and staff of that authority are by this Act authorised and required to
perform that function or exercise that power in accordance
with the
Constitution.
5.
British nationality and New Zealand
citizenship
Nothing in this Act or
in the Constitution shall affect the status of any person as a British subject
or New Zealand citizen by virtue
of the British Nationality and New Zealand
Citizenship Act 1948.
[see now Citizenship Act 1977]
6.
External affairs and
defence
Nothing in this Act or in
the Constitution shall affect the responsibilities of Her Majesty the Queen in
right of New Zealand for
the external affairs and defence of
Niue.
7.
Economic and administrative
assistance
It shall be a
continuing responsibility of the Government of New Zealand to provide necessary
economic and administrative assistance
to Niue.
8.
Co-operation between New Zealand and
Niue
Effect shall be given to the
provisions of sections 6 and 7 of this Act, and to any other aspect of the
relationship between New Zealand
and Niue which may from time to time call for
positive co-operation between New, Zealand and Niue after consultation between
the
Prime Minister of New Zealand and the Premier of Niue, and in accordance
with the policies of their respective Governments; and,
if it appears desirable
that any provision be made in the law of Niue to carry out these policies, that
provision may be made in
the manner prescribed in the Constitution, but not
otherwise.
9.
New Zealand Representative
(1)
There shall be appointed under the State Services Act 1962 a New Zealand
Representative in Niue.
(2) The
New Zealand Representative shall be stationed in Niue, and shall be the
representative of the Government of New Zealand in
Niue.
[The State Services Act 1962 was repealed and replaced by the State Sector Act 1988]
ARTICLES OF THE CONSTITUTION
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 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. Judges and
Commissioners of the High Court
39.
Jurisdiction of Commissioners of the High Court
The Land Court of Niue
40. Land Court
established
41. Judges and
Commissioners of the Land Court
42.
Jurisdiction of Commissioners of the Land Court
The Land Appellate Court of Niue
43. Land Appellate Court
of Niue
44 Judges of the Land
Appellate Court
Appointment, Tenure of Office, and Salaries of Judges and Commissioners
45. Appointment of Judges
and Commissioners
46. Tenure of office
of Judges and Commissioners
47.
Temporary Judges and Commissioners
48.
Acting Chief Justice of the High Court and Acting Chief Judge of the Land
Court
49. Removal of Judges and
Commissioners from office
50. Salaries
of Judges and Commissioners
Appeals from the High Court
51. Appeal from High Court
to Court of Appeal of New Zealand
52.
Transmission of order of Court of Appeal on appeal
Justices of the Peace
53. Justices of the
Peace
Oath of Allegiance and Judicial Oath
54. Oath of Allegiance and
Judicial Oath
Comment by Chief Justice on Certain Bills
55. Chief Justice to
comment on certain Bills
PART IV
TUE 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. Premier and
Cabinet
73. Niue
Assembly
74. The High
Court
75. The Land
Court
76. The Land Appellate
Court
77. Appeals from High
Court
78. Justices of the
Peace
79. Public
revenues
80. The Niue Public
Service
81. Seal of
Niue
PART
VIII
INTERPRETATION
82.
Interpretation
----------------------------------------------
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)
Appointments 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 w ill 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 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.
This section was amended by s 2 of the Constitution Amendment (No. 1) Act of 1992
(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 dispatch 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 counter-signed 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 a 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.
23. 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 the 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 had 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,
subject to Article
31 of this Constitution, 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 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
extra-territorial 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.
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.
Special provisions with regard to measures affecting the criminal law or
personal status
This section was repealed by s 3 of Constitution Amendment (No. 1) Act 1992
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
This paragraph was repealed by s 7 of the Constitutional Amendment (No. 1) Act of 1992
(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 1 or more Judges, each of whom shall be
appointed under the provisions of this
Constitution.
(2) If only 1 Judge
is so appointed, he shall be the Chief Justice of Niue, but if more than 1 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 these 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 or
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 2 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 members 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 the 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 3 Judges of the Court or 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 or 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 n 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 or 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 or Appeal, before the Governor-General or before the Chief Justice;
(c) In the case of a 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 III was repealed and replaced by s 4 of the Constitution Amendment (No. 1) Act of 1992.
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 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 one and a half 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 Nine 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
This paragraph was amended by s 8 of the Constitution Amendment (No. 1) Act of 1992 by removing the words "of the Land Court, a Judge of the Land Appellate Court", from the place marked []
(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
re-appointed.
(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."
This section was repealed and replaced by s 5 of the Constitution Amendment (No. 1) Act of 1992
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.
This section was repealed and replaced by s 6 of the Constitution Amendment (No. 1) Act of 1992
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.
This paragraph was amended by s 8 of the Constitution Amendment (No. 1) Act of 1992 by removing the words "who, in either case, is visiting Niue on the Commission's business" from the place marked []
(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.
Premier and Cabinet
(1)
The Leader of Government holding office pursuant to section 9 of the Niue Act
1966 (as substituted by section 3 of the Niue Amendment
Act 1971) immediately
before Constitution Day shall be deemed to have been duly elected under this
Constitution as the Premier of
Niue and appointed and sworn in as a Minister
under this Constitution.
(2) The
other appointed members of the Executive Committee of Niue holding office
pursuant to section 10 of the Niue Act 1966 (as
substituted by section 3 of the
Niue Amendment Act 1971) immediately before Constitution Day shall be deemed to
have been duly appointed
and sworn in under this Constitution as
Ministers.
73.
Niue Assembly
(1)
The elected members of the Niue Island Assembly immediately before Constitution
Day shall be deemed to have been duly elected
and sworn in under this
Constitution as members of the Niue Assembly, and, notwithstanding anything in
Article 16 of this Constitution,
the Niue Assembly shall consist, during the
period commencing on Constitution Day and ending at the time of the first
dissolution
of the Assembly thereafter, of the Speaker and those
members.
(2) Until provision is
otherwise made by law, the seat of any member of the Niue Assembly to whom
Article 19(b) of this Constitution
applies shall not become vacant
if-
(a) His interest in the execution or enjoyment of any contract under which any public money is payable is as a member of the general public or of any section or class of the general public; or
(b) On any occasion when he is present at a meeting of the Niue Assembly, any matter concerning a contract in whose execution or enjoyment he is interested comes before the Assembly, he discloses his interest to the Assembly and refrains from otherwise speaking and from voting on that matter.
(3)
The Speaker of the Niue Island Assembly who is in office immediately before
Constitution Day shall be deemed to have been duly
elected and sworn in as
Speaker of the Niue Assembly under this
Constitution.
(4) Any person
becoming a member of the Niue Assembly pursuant to subclause (1) of this Article
who has, in the absence of the Speaker
of the Niue Island Assembly, presided
over any sitting of that Assembly shall, for the purposes of Article 20 of this
Constitution,
be deemed to be a member of the Niue Assembly who has presided
over a meeting of the
Assembly.
(5) Notwithstanding
anything in Article 22 (6) of this Constitution, business may be transacted at
any meeting of the Niue Assembly
during the period referred to in subclause (1)
of this Article if, but only if, the number of members present is not less than
7.
(6)
Any Bill or other business before the Niue Island Assembly immediately before
Constitution Day shall not lapse, but shall become
a Bill or other business
before the Niue Assembly:
Provided
that, where any Bill or amendment to a Bill before the Niue Island Assembly
pursuant to this subclause has proceeded beyond
its introduction and is one to
which any one or more of Articles 25, 30, 31, 32, and 33 of this Constitution
applies, the Niue Assembly
shall not proceed further upon that Bill or amendment
unless the requirements of the applicable Article or Articles have first been
met.
(7) Subject to this
Constitution, the Standing Orders of the Niue Island Assembly in force
immediately before Constitution Day shall
be the Standing Orders of the Niue
Assembly, and they may be amended, repealed, or added to under Article 22 (10)
of this Constitution.
(8) Until an
Act first passed pursuant to Article 25 of this Constitution comes into force,
the Niue Civil List Regulations 1972 shall
continue in full force and effect and
shall be deemed to be repealed on the date on which that Act comes into
force.
(9) For the purposes of
Article 26 (1) of this Constitution, the date of the last preceding general
election shall be the date of
the last preceding general election of the Niue
Island Assembly in being on Constitution Day.
74. The
High Court
(1)
The High Court of Niue established by Article 37 of this Constitution is hereby
declared to be the same Court as the High Court
of Niue established by section
53 of the Niue Act 1966.
(2) The
High Court is hereby declared also to be the same Court as every other Court
which, under existing law, was deemed to be the
same Court as the High Court of
Niue established by section 53 of the Niue Act
1966.
(3) All judgments, decrees,
records, and acts of the High Court of Niue as established by the said section
53 and of every other Court
to which subclause (2) of this Article applies shall
continue to have full force and effect on and after Constitution Day as
judgments,
decrees, records, and acts of the High Court established by this
Constitution; and all proceedings, civil or criminal, pending in
the High Court
of Niue immediately before Constitution Day may be continued on and after
Constitution Day in the High Court established
by this
Constitution.
(4) The Judges and
Commissioners of the High Court of Niue in office immediately before
Constitution Day (other than the Resident
Commissioner of Niue) shall continue
to hold office on and after Constitution Day as Judges or Commissioners of the
High Court established
by this Constitution, as if they had been appointed under
this Constitution, and those Judges and Commissioners shall receive the
salaries
and allowances to which they were entitled immediately before Constitution Day
as if those salaries and allowances had been
prescribed by enactment pursuant to
Article 50 of this Constitution.
75. The
Land Court
(1)
The Land Court of Niue established by Article 40 of this Constitution is hereby
declared to be the same Court as the Land Court
of Niue established by section
335 of the Niue Act 1966.
(2) The
Land Court is hereby declared also to be the same Court as every other Court
which, under existing law, was deemed to be the
same Court as the Land Court of
Niue established by the said section
335.
(3) All judgments, decrees,
records, and acts of the Land Court of Niue as established by the said section
335 and of every other
Court to which subclause (2) of this Article applies
shall continue to have full force and effect on and after Constitution Day as
judgments, decrees, records, and acts of the Land Court established by this
Constitution; and all proceedings pending in the Land
Court of Niue established
by the said section 335 immediately before Constitution Day may be continued on
and after Constitution
Day in the Land Court established by this
Constitution.
(4) The Judges and
Commissioners of the Land Court of Niue (other than the Resident Commissioner)
in office immediately before Constitution
Day shall hold office on and after
Constitution Day as Judges or Commissioners of the Land Court established by
this Constitution,
as if they had been appointed under this Constitution, and
those Judges and Commissioners shall receive the salaries and allowances
to
which they were entitled immediately before Constitution Day as if those
salaries and allowances had been prescribed by enactment
pursuant to Article 50
of this Constitution.
76. The
Land Appellate Court
(1)
The Land Appellate Court of Niue established by Article 43 of this Constitution
is hereby declared to be the same Court as the
Land Appellate Court of Niue
established by section 386 of the Niue Act
1966.
(2) The Land Appellate Court
is hereby declared also to be the same Court as every other Court which, under
existing law, was deemed
to be the same Court as the Land Appellate Court of
Niue established by the said section
386.
(3) All judgments, decrees,
records, and acts of the Land Appellate Court of Niue as established by the said
section 386 and of every
other Court to which subclause (2) of this Article
applies shall continue in full force and effect on and after Constitution Day
as
judgments, decrees, records, and acts of the Land Appellate Court established by
this Constitution; and all proceedings pending
in the Land Appellate Court of
Niue established by the said section 386 immediately before Constitution Day may
be continued on and
after Constitution Day in the Land Appellate Court
established by this Constitution.
77.
Appeals from High Court
(1)
In any case in which, immediately before Constitution Day, an appeal to the
Supreme Court of New Zealand from any final judgment
of the High Court of Niue
established by section 53 of the Niue Act 1966 was pending, that appeal may be
continued on and after Constitution
Day and shall otherwise in all respects be
heard and disposed of in accordance with the existing law: and the determination
of the
Supreme Court on any appeal continued pursuant to this subclause shall be
transmitted to the Registrar of the High Court by the Registrar
of the Supreme
Court under the seal of the Supreme Court' and the High Court shall act in
respect thereof as if it were a determination
of the Court of Appeal of New
Zealand transmitted under Article 52 of this
Constitution.
(2) In any other
case where any final judgment of the High Court of Niue established by the said
section 53 has been given before
Constitution Day, the right of appeal from that
final judgment shall be governed by the provisions of this Constitution as if
that
final judgment had been a final judgment of the High Court of Niue
established by Article 37 of this Constitution.
78.
Justices of the Peace
(1)
Every person holding office immediately before Constitution Day as a Justice of
the Peace for Niue shall continue in office as
if he had been appointed to that
office pursuant to Article 53 of this
Constitution.
(2) Subject to
Article 53(3) of this Constitution, every such person shall continue to hold
office during the pleasure of the Cabinet,
and shall be paid the remuneration to
which he was entitled immediately before Constitution Day as if that
remuneration had been
prescribed by enactment pursuant to Article 53(4) of this
Constitution.
79.
Public revenues
(1)
The Niue Government Account established by Article 56 of this Constitution is
hereby declared to be the same account as the Niue
Assembly Account established
by section 15 of the Niue Act 1966; and all money in the last-mentioned account
immediately before Constitution
Day shall on and after Constitution Day be
deemed to form part of the Niue Government
Account.
(2) The reference in
Article 59 (4) of this Constitution to the Appropriation Act for the preceding
financial year shall be read as
if it included a reference to the Appropriation
Ordinance of the Niue Island Assembly for the preceding financial
year.
80. The
Niue Public Service
(1)
The Niue Public Service established by Article 62 of this Constitution is hereby
declared to be the same Service as the Niue Public
Service constituted by Part
XXXI of the Niue Act 1966.
(2)
Every person who was an employee of the Niue Public Service immediately before
Constitution Day shall continue to hold office
as an employee of the Niue Public
Service as if he had been appointed to that position by the Niue Public Service
Commission pursuant
to Article 69 of this
Constitution.
(3) Where any public
corporation or other statutory authority or public body has been constituted
before Constitution Day under the
law of Niue, nothing in Article 62 (3) of this
Constitution shall, in the case of any appointment made before Constitution Day
of
any person as an employee of that public corporation or other statutory
authority or public body, be construed as affecting the validity
of that
appointment or, in the case of any such appointment made after Constitution Day,
be construed as requiring that appointment
to be made by the Niue Public Service
Commission, except to the extent that, under existing law that appointment was
required to
be made by the New Zealand State Services Commission.
(4)
Where under this Constitution the holder of any office is required to be an
employee of the Niue Public Service, any employee
of the Niue Public Service
holding the corresponding office immediately before Constitution Day shall be
deemed to be the holder
of that office: but this provision shall be without
prejudice to the powers and discretions of the Niue Public Service Commission
as
the employing authority.
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 Nine 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;
This definition was replaced by s 10 of the Constitution Amendment (No. 1) Act 1992
"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 entitled 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;
This definition was inserted by s 10 of the Constitution Amendment (No. 1) Act 1992
"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 [];
This definition was amended by s 10 of the Constitution Amendment (No. 1) Act 1992 by removing the words "and, in relation to the Land Court, means any Judge of that Court including the Chief Judge of that Court" from the place marked []
The following two definitions were removed by s 10 of the Constitution Amendment (No. 1) Act 1992 – ""Land Appellate Court" means the Land Appellate Court of Niue established by Article 43 of this Constitution" and: "Land Court" means the Land Court of Niue established by Article 40 of this Constitution."'
"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 69 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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URL: http://www.paclii.org/nu/legis/num_act/ca1974188