Cook Islands Act 1915

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An. Act to make better provision with respect to the government and laws of the Cook Islands

WHEREAS by Order in Council dated the 13th day of May 1901, and made under the Colonial Boundaries Act 1895, it was ordered by His Majesty the King (with the consent of the General Assembly, testified by resolution of both Houses of the said General Assembly) that on and after a date to be appointed by the Governor by Proclamation the Islands of the Cook Group and all other the islands and territories then or thereafter forming part of His Majesty's dominions situate within the boundary lines set forth in the First Schedule hereto should form part of New Zealand: And whereas by Proclamation dated the 10th day of June 1901 the Governor appointed the 11th day of June 1901 to be the date on and after which the said Order in Council should come into effect: And whereas it is expedient to make better provision with respect to the government and laws of the said islands.

(2) This Act shall come into operation on a day to be notified by the Governor by Proclamation in the New Zealand Gazette.

["Aerodrome" and "aircraft" have the same meanings as in [[the Civil Aviation Act 1964]]: ]

"Alienation" means with respect to Native land 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, of or affecting customary land, or the legal or equitable fee simple of freehold land or of any share therein; and includes a contract to make any such alienation:

"Asiatic" means a person belonging to any of the Asiatic races (other than the Jewish race), and includes a half-caste and a person intermediate in blood between a half-caste and a person of pure descent from those races:

["Bylaw" means a bylaw made by an Island Council under the authority of section 51 of the Cook Islands Amendment Act 1957; and includes an Island Ordinance ensuring under the provisions of subsection (5) of that section:]

"Collector of Customs" has the same meaning as the term "Collector" as defined by [the Customs Act 1966]:

["Commission" means [[the State Services Commission]] constituted under [[the State Services Act 1962]]: ]

["The Constitution"... means the Constitution of the Cook Islands as set out in the Schedule to the Cook Islands Constitution Act 1964:]

"The Cook Islands" means all the islands and territories situate within the boundary lines set out in the First Schedule hereto [but does not include the Island of Niue]:

["Cook Islands Public Service" has the meaning assigned thereto by section 76 of the Cook Islands Amendment Act 1957:]

"Crown land" means any land which has not been alienated from the Crown for a subsisting estate in fee simple, other than Native land:

"Customary land" means land which, being vested in the Crown, is held by Natives or the descendants of Natives under the Native customs and usages of the Cook Islands:

["Enactment" includes any Act of the Legislative Assembly of the Cook Islands or of the Parliament of New Zealand, any Ordinance, any regulations, and any rules:

"European" means any person whatever other than a Native, and includes a body corporate:

"European land" means any land which has been alienated from the Crown for a subsisting estate in fee simple other than Native land:

["High Commissioner".... means the High Commissioner of the Cook Islands; and includes his Deputy lawfully acting in place of the High Commissioner:]

"Judgment" includes any judicial decree, order, or determination, whether in an action or in any other judicial proceeding, whether civil or criminal:

[ [["Land Appellate Court"]] means [[the Land Appellate Court]] of the Cook Islands:]

["Medical Officer" means the Chief Medical Officer of the Cook Islands; and includes any Medical Officer who is an employee of the Cook Islands Public Service:]

"Native" means a person belonging to any of the Polynesian races (including the Maori race), and includes a half-caste and a person intermediate in blood between a half-caste and a person of pure descent from any such race:

"Native custom" means the ancient custom and usage of the Natives of the Cook Islands:

"Native freehold land" means land which, or any undivided share in which, is owned by a Native [or a descendant of a Native] for a beneficial estate in fee simple, whether legal or equitable":

"Offence" includes all offences punishable by way of criminal proceedings under this or any other enactment:

"Order" means, in respect of [the Island Court], any order, judgment, decision, or determination of that Court:

"Public place" means any road, any place of public resort open to or used by the public as of right, any wharf or jetty, [any vessel at a wharf or jetty or within one mile of the shore,] any church or other building where Divine service is being publicly held, any hall or room in which any public entertainment is being held, and any market places:

"Resident Agent” means the Resident Agent appointed under this Act for any island:

"Rules of Court “ means rules or regulations governing the practice or procedure of the Court in question and made by the proper authority in that behalf:

"Superannuation Acts" means the Acts by which the superannuation funds are established and regulated:

[(2) In this Act, unless the context otherwise requires, -
References to a Minister are references to a Minister of the Government of the Cook Islands: References to a Department are references to a Department of the Government of the Cook Islands.]

"Aerodrome" and "aircraft": This definition was inserted by s. 89 (2) of the Cook Islands Amendment Act 1957: and the Civil Aviation Act 1964, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Civil Aviation Act 1948.

"Bylaw": This definition was inserted by s. 62 of the Cook Islands Amendment Act 1964.

"Collector of Customs": The Customs Act 1966, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Customs Act 1913.

"Commission": This definition was inserted by s. 95 (1) of the Cook Islands Amendment Act 1957; the reference to the State Services Commission was substituted for a reference to the Public Service Commission by s. 3 (10) of the State Services Act 1962; and the State Services Act 1962, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Public Service Act 1912.

"The Constitution": This definition was inserted by s. 3(1) of the Cook Islands Amendment Act 1965; and in the definition the words "in relation to the Cook Islands other than Niue" were omitted by s. 2(1) of the Cook Islands Amendment Act 1966.

"The Cook Islands": The words in square brackets in this definition were added by s. 2(1) of the Cook Islands Amendment Act 1966.

".Cook Island Public Service": This definition was substituted for the original definition by s. 95(1) of the Cook Islands Amendment Act 1957.

"Cook Islands Treasury": A definition of this term was repealed by s. 95(1) of the Cook Islands Amendment Act 1957.

"Enactment": This definition was substituted for the original definition by s. 3(1) of the Cook Islands Amendment Act 1965.

"High Commissioner": This definition was inserted by s. 3(1) of the Cook Islands Amendment Act 1965; and in the definition the words "in relation to the Cook Islands other than Niue" were omitted by s. 2(1) of the Cook Islands Amendment Act 1966.

"Land Appellate Court": This definition was inserted by s. 41 of the Cook Islands Amendment Act 1946; and the reference to the Land Appellate Court was substituted for a reference to the Native Appellate Court by s. 57(4) of the Cook Islands Amendment Act 1964. This definition has been transferred to its alphabetical order in this reprint and points of omission indicate its original alphabetical place under the term "Native".

"Land Court": In this definition the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57(4) of the Cook Islands Amendment Act 1964. This definition has been transferred to its alphabetical order in this reprint and points of omission indicate its original alphabetical place under the term "Native".

"Legislative Assembly": This definition was inserted by s. 3(1) of the Cook Islands Amendment Act 1965.

"Medical Officer": This definition was substituted for the former definition (as substituted by s. 95(1) of the Cook Islands Amendment Act 1957) by s. 2(1) of the Cook Islands Amendment Act 1966.

"Minister": This definition was substituted for the former definition (as substituted by s. 8(1) of the Maori and Island Affairs Department Act 1968) by s. 2(1) of the Cook Islands Amendment Act 1974.

"Native freehold land": In this definition the words in square brackets were inserted, and the proviso was repealed, by s. 11(1)(a) and (b) of the Cook Islands Amendment Act 1950.

"New Zealand Public Service": A definition of this term was repealed by s. 95(1) of the Cook Islands Amendment Act 1957.

"Order": The reference to the Land Court was substituted for a reference to the Native Land Court by s. 7(4) of the Cook Islands Amendment Act 1964.

"Ordinance": This definition was substituted for the former definition (as substituted by s. 95(1) of the Cook Islands Amendment Act 1957) by s. 2 (1) of the Cook Islands Amendment Act 1966.

"Public place": In this definition the words in square brackets were inserted by s. 2 of the Cook Islands Amendment Act 1921.

"Resident Commissioner": A definition of this term (as amended by s. 95(1) of the Cook Islands Amendment Act 1957, and substituted s. 3(1) of the Cook Islands Amendment Act 1965) was repealed by s. 2(1) of the Cook Islands Amendment Act 1966.

"Secretary": This definition was substituted for the former definition (as substituted by s. 8 (1) of the Maori and Island Affairs Department Act 1968) by s. 2(2) of the Cook Islands Amendment Act 1974.

"Superannuation funds": In this definition the reference to the Government Superannuation Fund was substituted for a reference to the Public Service Superannuation Fund, the Government Railways Superannuation Fund, and the Teachers' Superannuation Fund by s. 90(1) o£ the Superannuation Act 1947. This amendment was not affected by the subsequent repeal of the 1947 Act; see s. 99(7) (a) of the Government Superannuation : Fund Act 1956.

Subs. (2) was substituted for the former subs. (2) (as added by s. 3(1) of the Cook Islands Amendment Act 1965) by s. 2(1) of the Cook Islands Amendment Act 1966.

3. Application-Except so far as a contrary intention appears this Act shall apply to the Cook Islands only, and not to New Zealand.

4. Adjacent islands-Each island forming part of the Cook Islands shall for all purposes be deemed to include all smaller islands lying within 10 miles of the coasts thereof.

As to the Government of the Cook Islands, see Part I of the Constitution set out in the Schedule to the Cook Islands Constitution Act 1964.

As to the Executive Government of the Cook Islands, see Part II of the Constitution set out in the Schedule to the Cook Islands Constitution Act 1964.

As to the Legislative Government of the Cook Islands, see Part III of the Constitution set out in the Schedule to the Cook Islands Constitution Act 1964.

As to the Judiciary, the Public Revenues, and the Public Service of the Cook Islands, see Parts IV, V, and VI of the Constitution set out in the Schedule to the Cook Islands Constitution Act 1964.

As to the Island Councils, see now ss. 51 and 52 of Part I of the Cook Islands Amendment Act 1957.

As to the judiciary, see now Part IV of the Constitution set out in the Schedule to the Cook Islands Constitution Act 1964.

107. Powers of judges - Each judge of the High Court, or any 2 or more judges, may in any part of the Cook Islands and at any time or place exercise all the powers of the High Court.

108A. This section was inserted by s. 86 of the Cook Islands Amendment Act 1957 and it was repealed by s. 58 of the Cook Islands Amendment Act 1964.

109. Registrars of the High Court - (1) There shall be [one or more] Registrars of the High Court, to be appointed [under the provisions of Part I, II of the Cook Islands Amendment Act 1957].

(3) [One of those Registrars] shall execute his office at Rarotonga, and at such other places in the Cook Islands as may be necessary or expedient.

(4) The Registrars shall keep the records of the High Court, and shall perform all such administrative duties in respect of that Court as the Chief Judge may from time to time direct.

In subs. (1) the words in the first set of square brackets were substituted for the words “not less than two” by s. 2(1) of the Cook Islands Amendment Act 1966; and the words in the second set of square brackets were substituted for the words “by the Governor-General, and to hold office during his pleasure” by s. 95(1) of the Cook Islands Amendment Act 1957.

In subs. (3) the words in square brackets were substituted for the words “another Registrar” by s. 2(1) of the Cook Islands Amendments Act 1966.

110. Deputy Registrars - [There may also be appointed under the provisions of Part III of the Cook Islands Amendment Act 1957 such Deputy Registrars of the High Court as may be necessary], who shall, subject to the control of the Registrars, possess, exercise, and perform the same powers, functions, and duties as the Registrars; and every reference in this Act to a Registrar of the High Court shall, so far as applicable, extend and apply to a Deputy Registrar accordingly.

The words in square brackets were substituted for the words “The Governor-General may also appoint such Deputy Registrars of the High Court as he thinks necessary, who shall hold office during his pleasure, and” by s. 95(1) of the Cook Islands Amendment Act 1957.

111. Administrative officers - There shall be appointed [under the provisions of Part III of the Cook Islands Amendment Act 1957] in respect of the High Court such Sheriffs, bailiffs, clerks, interpreters, or other administrative officers as [may be] necessary.

The words in the first set of square brackets were inserted, and the words “may be” were substituted for the words “the Governor-General deems”, by s. 95 (1) of the Cook Islands Amendment Act 1957.

112. Seal of the High Court - The High Court shall have in the custody of each Judge, Commissioner, and Registrar a seal of the Court, in such form or forms as [the Minister in charge of the Justice Department] approves, for the sealing of all orders, warrants, records, and other instruments requiring to be sealed.

The words in square brackets were substituted for the words "the Minister" by s. 3 (1) of the Cook Islands Amendment Act 1965.

113. Records of the High Court - The Registrars of the High Court shall keep proper books in which shall be entered minutes of all proceedings in the High Court, whether in its civil or criminal jurisdiction.

114. Jurisdiction of the High Court - The High Court shall, except so far as exclusive jurisdiction is conferred upon any other Court by this or any other Act, have all jurisdiction, whether civil or criminal, which may be necessary to administer the laws of the Cook Islands.

115. Injunction, certiorari, mandamus, and prohibition - (1) The High Court may exercise by way of order in the ordinary course of its civil procedure the same jurisdiction as that possessed and exercised for the time being by the Supreme Court of New Zealand by way or in lieu of injunction, certiorari, mandamus, fiere facias, and prohibition, including the power of awarding damages in lieu of injunctions.

(2) No such jurisdiction byway of mandamus, certiorari, or prohibition shall be exercised by the High Court as against [the Land Court] [or the Land Appellate Court].

In subs. (2) the references to the Land Court and the Land Appellate Court were substituted for references to the Native Land Court and the Native Appellate Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The words in the second set of square brackets (as now amended by s. 57 (4) of the Cook Islands Amendment Act 1964) were added by s. 43 of the Cook Islands Amendment Act 1946.

116. Habeas corpus - The High Court may, on the application of any person, make an order for the release of any person from unlawful imprisonment or detention, or for the production before the Court of any person alleged to be unlawfully imprisoned or detained, and every person who disobeys any such order shall be guilty of contempt of the High Court.

117. Custody of minors - (1) The High Court may, on the application of any person, from time to time make such order as it thinks fit with respect to the custody of any minor (being unmarried) by any parent or guardian of that minor.

(2) Where the Court is satisfied that the minor has no parent or guardian fit to have such custody, the Court may make such order as it thinks fit for the custody of the minor by any other person.

(3) The jurisdiction conferred by this section shall in all cases be exercised in such manner as the Court deems most conducive to the welfare of the minor.

(4) "Parent" in this section includes an adoptive parent and the father or mother of a minor who is illegitimate.

[118. Rules of Court - The practice and procedure of the High Court, whether in its civil or criminal jurisdiction, may be prescribed by enactment.]

The section was substituted for the original s.118 by s.3 (1) of the Cook Islands Amendment Act 1965.

119. Procedure so far as not governed by rules of Court - Subject to the provisions of this Act and rules of Court, the practice and procedure of the High Court in the exercise of its civil and criminal jurisdiction shall be such as the Court thinks in each case to be most consistent with natural justice and convenience.

120. Forms-Subject to the provisions of this Act and to rules of Court, all statements of claim, information, summonses, warrants, convictions, orders, recognisances, and other documents required or authorised in the course of the civil or criminal jurisdiction of the High Court may be in such form as the Court or the Judge, Registrar, or other officer by whom the same issued, made, or received deems sufficient.

121. Summons to witnesses - A Judge or Registrar of the High Court may in any proceeding before the Court, whether civil or criminal, issue a summons to any person requiring him to appear before the Court at the time and place mentioned in the summons there to give evidence in that proceeding or to produce any document to the Court in that proceeding.

122. Default of witness - Any person upon whom any such summons has been served and who neglects or fails without sufficient cause shown by him to appear or to produce any document which he is so required to produce, and any person, whether summoned to attend or not, who, being present in Court and being required to give evidence or to produce any document then in his possession, refuses, without sufficient cause shown by him, to be sworn or to give evidence or to produce that document, and any person who, having been sworn to give evidence in any proceeding, neglects or fails without sufficient cause shown by him to appear at such time as the Court directs for the purpose of giving further evidence in the proceeding, shall be guilty of contempt of the High Court, and may be dealt with accordingly.

123. Commissioners to take evidence - (1) The High Court may, in any civil or criminal proceeding where it appears necessary for the purposes of justice, make an order for the examination on oath before any officer of the Court or any other person or persons, and at any place either in or out of the Cook Islands, of any witness or person and may order any deposition so taken to be filed in the Court, and may empower any party to the proceeding to give the deposition in evidence therein.

[ (2) Any person before whom any witness or person is to be examined in New Zealand pursuant to an order made under subsection (1) of this section shall, for the purpose of examining that witness or person, have in New Zealand all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908, and all the provisions of that Act shall apply as if the examination were an inquiry under that Act.]

124. Evidence by affidavit sworn out of the Cook Islands - In any civil or criminal proceeding in the High Court an affidavit made out of the Cook Islands may, with the leave of the High Court, be received in evidence if made before a solicitor of the Supreme Court of New Zealand, or in any other manner which would make such affidavit admissible in civil proceedings in the Supreme Court of New Zealand under the law for the time being in force in New Zealand.

125. Witnesses may be ordered out of Court - The High Court may, if it thinks fit, at any time during any proceedings, whether civil or criminal, order all witnesses other than the witness under examination to go and remain outside the Court until required to give evidence; and any witness who disobeys any such order shall be guilty of contempt of Court.

126. Affidavits in the Cook Islands - (1) Affidavits in the High Court may be sworn in the Cook Islands before -

(2) The making of such affidavits shall be governed by the same rules as are in force for the time being with respect to affidavits in the Supreme Court of New Zealand.

In subs. (1) (b) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (1), paras. (e) and (ee) were substituted for the original para. (e) by s. 3 (1) of the Cook Islands Amendment Act 1965.

127. Evidence by affidavit - In any civil proceedings in the High Court evidence may be take in either orally or by affidavit, but in actions and other proceedings inter parties such affidavits shall not be admissible without the leave of the Court.

128. Right of audience in the Right Court - In any proceeding in the High Court, whether civil or criminal, any party thereto may be represented either by a barrister or solicitor of the Supreme Court of New Zealand, or, with the leave of the Court, by any other agent, but any such leave may be at any time withdrawn.

129. Costs - In any civil proceeding in the High Court the Court shall have power to make such order as it thinks just for the payment of the costs of the proceeding by or to any party thereto.

130. Security for costs - (1) In any civil proceeding and at any stage thereof the High Court may require a plaintiff or applicant resident out of the jurisdiction of the High Court to deposit any sum of money as security for costs, and may stay the proceeding pending the making of such deposit.

(2) When any sum has been so deposited as security for costs it shall be disposed of in such manner as the Court directs.

[131. Court fees - The scale of costs and Court fees to be paid in all civil or criminal proceedings in the High Court shall be as prescribed by enactment.]

This section was substituted for the original s. 131 by s. 3 (1) of the Cook Islands Amendment Act 1965.

132. Minutes of judgments - (1) Every judgment of the High Court shall be deemed to be complete when a minute thereof has been made in the record books of the Court and signed by a Judge thereof.

(2) When necessary the judgment may at any time thereafter be drawn up under the seal of the Court.

133. Amendments - A judge of the High Court may at any time amend any minute or judgment of the Court or other record of the Court in order to give effect to the true intent of the Court in respect thereof or truly to record the course of any proceeding.

134. Rehearing - On application made at any time within 14 days after the date of any judgment given by the High Court in its civil jurisdiction the Court may, if it thinks fit, rehear the matter, and may on such rehearing either affirm, reverse, or vary such judgment.

[134A. Rehearing of criminal proceedings - (1) Where on the hearing of any information the accused has been convicted, the High Court, on application made at any time within 60 days after the date of the conviction, may, if it thinks fit, grant a rehearing of the information, either as to the whole matter or only as to the sentence, upon such terms as the Court thinks fit.

(2) When a rehearing has been granted, the conviction or, as the case may be, the sentence only shall immediately cease to have effect.

(3) If a rehearing is granted in any case where the accused was on conviction sentenced to a term of imprisonment that has not expired, but the hearing is not proceeded with immediately, the Court may, subject to the provisions of section 288 of this Act, remand the accused in custody until the date appointed for the rehearing.

(4) On any rehearing the Court shall have the same powers and shall follow the same procedure as if it were the first hearing.

(5) If the defendant does not appear on the date set down for the rehearing of any information, the Court may, if it thinks fit, without rehearing the case direct that the original conviction or sentence, as the case may be, shall be restored.]

135. Writs of sale and possession - (1) Where by any judgment of the High Court in its civil jurisdiction any person is ordered to pay any sum of money, the party to whom the money is payable may cause a writ of sale to be issued.

(2) When by any judgment of the High Court any person is ordered to deliver possession of land or chattels, the party to whom such land or chattels are ordered to be delivered may cause a writ of possession to be issued.

136. Effect of writ of possession - A writ of possession shall authorise the officer to whom it is addressed to deliver to any party named in the writ possession of any land or of any chattels specified in the writ and for that purpose to eject any other person from such land, or to seize and take possession of any such chattels.

137. Effect of writ of sale – (1) A writ of sale shall authorise the officer to whom it is directed to seize all the chattels (including money, cheques, bills of exchange, and other securities for money) of the person against whom it is issued, except wearing apparel, bedding, tools, and implements of trade, not exceeding in the aggregate [$40] in value.

(2) All chattels so seized may, unless the judgment is sooner satisfied, together with the costs of the execution, be sold or otherwise converted into money by the Registrar of the High Court, and the proceeds of such sale or conversion shall, after payment thereout of the cost of the execution, be applied in satisfaction of the judgment.

138. Issue of writs of sale or possession - Every writ of sale or writ of possession shall be issued by a Registrar of the High Court under the seal of that Court, and shall be addressed to an officer of the Court or to a constable.

139. Charging orders - Any judgment of the High Court in its civil jurisdiction for the payment of any sum of money may be enforced by a charging order made by the Court against any real or personal property of the person by whom such money is payable (including debts and other money due or accruing due to that person, but not including the interest of a Native [or a descendant of a Native] in any Native land). Any such charging order shall be made and shall have effect in manner provided by rules of Court.

The words "or a descendant of a Native" were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

140. Stay of execution - The High Court may in any civil proceedings stay the execution of any judgment for such term as the Court thinks fit.

141. Judgment summons - (1) When judgment for the payment of any debt, damages, or other sum of money has been given by the High Court in its civil jurisdiction, the judgment creditor may at any time thereafter, in pursuance of the judgment, file in Court an application for an order under this section.

(2) A Judge or Registrar of the Court may thereupon issue a summons (hereinafter called a judgment summons) to the judgment debtor to show cause why an order should not be made against him for the payment of the amount of the judgment.

(3) On the hearing of the application the Court may, if it thinks fit, make an order that the judgment debtor do pay to the judgment creditor the amount of the judgment debt forthwith, or at such time or by such instalments from time to time, as the Court thinks fit.

(4) Except where the judgment debtor fails to appear in Court in pursuance of the judgment summons, no such order shall be made unless the Court is satisfied either -

(a) That the judgment debtor is of sufficient ability to pay the judgment debt in accordance with the terms of the order; or

(b) That the liability in respect of which judgment was given against him was incurred by fraud; or

(c) That before or after the date of the judgment the judgment debtor has made away with any property for the purpose of evading payment of such liability.

(5) If any judgment debtor disobeys any order made against him under this section he shall be guilty of contempt of the High Court.

(6) Nothing in this section shall exclude any other lawful method of executing any^, such judgment.

142. Enforcement of judgments of High Court in Supreme Court of New Zealand -

(1) Any person in whose favour any j judgment whereby any sum of money is made payable has been obtained in civil proceedings in the High Court of the Cook Islands may cause a memorial thereof, authenticated by the seal of the High Court, to be filed in any office of the Supreme Court of New Zealand.

(2) Judicial notice may be taken by the Supreme Court of the seal of the High Court so affixed to any such memorial.

(3) Every such memorial shall set forth the names and additions of the parties to the proceeding in which such judgment was given, the form or nature of the proceeding, the date on which the said judgment was given, and the amount payable there under.

(4) Every such memorial so filed shall thenceforth be a record of such judgment, and execution may issue thereon with the leave of the Supreme Court, in the same manner as if the like judgment had been given by the Supreme Court, subject, however, to such terms and conditions as the Supreme Court may think fit to impose.

(5) Leave to issue such execution may be given by the Supreme Court on the application of the party by whom the memorial was filed, and either ex parte or on notice to the party against whom execution is to be issued, as the Supreme Court thinks fit.

(6) Such leave shall not be granted unless the Supreme Court is satisfied, by affidavit or otherwise, -

(a) That the person against whom execution is to be issued was resident or present in the Cook Islands at the commencement of the proceedings in which the judgment was given; or

(b) That the cause of action in such proceedings or some material part of that cause of action arose in the Cook Islands.

(7) Every such affidavit shall, if made in the Cook Islands, be sworn before a judge of the High Court or a Commissioner of the Supreme Court.

143. Order of arrest of absconding debtor - Where in any action in the High Court for the recovery of any debt, damages, or other sum of money the plaintiff proves to the satisfaction of the Court at any time before final judgment that he has a good cause of action against the defendant to the amount of [$20] or upwards, and that there is probable cause for believing that the defendant is about to leave the Cook Islands or any island included in the Cook Islands unless he is apprehended, and that his absence from the Cook Islands or such island as aforesaid will materially prejudice the plaintiff in the prosecution of his action, the Court may order the defendant to be arrested and imprisoned for a period not exceeding 3 months unless and until he sooner gives security to the satisfaction of the Court that he will not leave the Cook Islands or such island as aforesaid without the leave of the Court.

144. Security to be given - The security to be so given shall, as the Court directs, be either the payment into Court of a sum not exceeding the amount claimed in the action or a bond executed by the defendant with one or 2 sureties in favour of [Her Majesty] in the like amount.

145. Enforcement of security - If after such security has been given the defendant leaves the Cook Islands or such island as aforesaid without the leave of the Court, all money so paid into Court or recovered in pursuance of the bond shall become available as the Court directs for the satisfaction of any sum recovered in the action.

146. Arrest in actions for penalties - Where the action is for a penalty at the suit of the Crown it shall not be necessary to prove that the absence of the defendant as aforesaid will materially prejudice the Crown in the prosecution of the action, and the security to be given shall be security that any sum recovered against the defendant in the action will be paid or that the defendant will be rendered to prison.

147. Enforcement of security in actions for penalties - If, after such security has been given, any sum recovered in the action remains unpaid and the defendant is not rendered to prison as aforesaid, all money so paid into Court or recovered in pursuance of the bond shall become available as the Court directs for the satisfaction of the sum recovered in the action.

148. Contempt of Court defined - Every person is guilty of contempt of the High Court who -

(a) Disobeys any judgment or order of that Court, or of any judge thereof, otherwise than by making default in the payment of a sum of money (other than a penalty) payable under such judgment or order; or

(b) Uses any abusive, insulting, offensive, or threatening words or behaviour in the presence or hearing of the Court; or

(c) Assaults, resists, or obstructs, or incites any other person to assault, resist, or obstruct, any constable or officer of the Court in serving any process of the Court, or executing any warrant of the Court or a judge thereof, or executing any judgment or order of the Court or of a Judge thereof; or

(d) By any words or behaviour obstructs in any manner the proper and orderly administration of justice in the Court; or

(e) Does any other thing which elsewhere in this Act or in any other Act is declared to be a contempt of the, High Court; or

(f) Aids, abets, counsels, procures, or incites any other person to commit contempt of the High Court.

149. Punishment of contempt - Every person who commits contempt of the High Court shall be liable to a fine not exceeding [$100] or to imprisonment or any term not exceeding 6 months.

150. Jurisdiction of High Court - The offence of contempt of the High Court shall be punishable by the High Court either -

151. Contempt in the face of the Court - (1) If the contempt is committed in the presence or hearing of the Court, any Judge then and there sitting in Court may, without order or warrant, direct any constable, officer of the Court, or other person to arrest the person so guilty of contempt and to bring him before the Court.

(2) The Court may thereupon, after giving the person so arrested a reasonable opportunity of being heard in his defence, either order him to pay a fine not exceeding [$100] or commit him to prison for any period not exceeding 6 months.

152. Discharge of persons in contempt - A person imprisoned for contempt, or for default in payment of a fine imposed upon him for contempt, may be at any time discharged; and any fine so imposed may be at any time remitted in whole or in part, either by order of the Court or by warrant under the hand of [the High Commissioner].

The words in square brackets were substituted for the words "a Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

153. Civil jurisdiction of Supreme Court extends to Cook Islands - (1) Notwithstanding anything in this Act, the civil jurisdiction of the Supreme Court of New Zealand shall extend to the Cook Islands, and may be exercised in New Zealand in respect of those islands in the same manner in all respects as if those islands were for all purposes part of New Zealand.

(2) Any action or other civil proceeding in the Supreme Court which relates in any manner to the Cook Islands and which might have been instituted in the High Court of those islands may, on the application of any party thereto, be stayed by the Supreme Court in its discretion, on such terms as the Court thinks fit, if in the opinion of that Court, having regard to the interest of all parties thereto, the action or other proceeding could more conveniently be instituted in the High Court.

(3) No writ of summons or other originating civil process in the Supreme Court shall be served in the Cook Islands without the leave of a judge of that Court, and the order by which such leave is granted may determine the time within and the place at which a defendant is to file his statement of defence, and the sittings of the Court at which the action is to be heard, or may give such other directions with respect to the procedure on such writ or process as may be appropriate to the case.

As to provisions empowering the Supreme Court to state a case for the Land Appellate Court, see s. 39 of the Cook Islands Amendment Act 1946.

154. Jurisdiction under the Declaratory Judgments Act 1908 - The jurisdiction conferred upon the Supreme Court by the Declaratory Judgments Act 1908 shall extend to declaratory judgments or orders relating to the laws of the Cook Islands in the same manner in all respects as to declaratory judgments or orders relating to the laws of New Zealand.

[154A. Place for filing proceedings - Any proceedings in the Supreme Court of New Zealand in the jurisdiction conferred on it by section 153 or section 154 of this Act shall be fled in the office of the Supreme Court at Auckland.]

155. Criminal jurisdiction of Supreme Court in respect of Cook Islands - (1) Notwithstanding anything in this Act, the criminal jurisdiction of the Supreme Court of New Zealand shall extend to offences committed in the Cook Islands, and may be exercised in New Zealand in respect of such offences accordingly in the same manner as if they were indictable offences committed in New Zealand.

(2) Such jurisdiction shall be exercised only over offenders found in New Zealand.

(3) In respect of any offence which is within the jurisdiction of the Supreme Court under this section the like preliminary proceedings before Justices of the Peace or a Stipendiary Magistrate may be taken in New Zealand as in the case of indictable offences committed in New Zealand.

[(3A) The information for any such offence shall be filed either in the Magistrate's Court at Auckland or the office of the Magistrate's Court appointed for the exercise of criminal jurisdiction which is nearest by the most practicable route to the place where the informant believes that the defendant may be found.]

(4) The punishment to be imposed by the Supreme Court for any such offence shall be that which is provided for that offence by the laws of the Cook Islands. Any person so liable to be imprisoned may be sentenced to imprisonment with or without hard labour as the Supreme Court thinks fit.

(5) No prosecution in New Zealand for an offence committed in the Cook Islands shall be commenced without the leave of the Attorney-General.

156. High Court or Land Court may state a case for the Supreme Court - (1) The High Court or [ [[the Land Appellate Court]], or, with the sanction of the Chief Judge,] [the Land Court] may in any proceeding pending before it, whether civil or criminal, either on the application of any party or of its own motion, state a case on any question of law for determination by the Supreme Court of New Zealand.

(2) The determination by the Supreme Court of any case so stated shall be binding on the High Court, [Land Appellate Court], or [Land Court].

(3) There shall be no appeal from any such determination to the Court of Appeal.

(4) Every case so stated shall be under the seal of the High Court, [Land Appellate Court], or [Land Court], and shall be filed by a Registrar of that Court in the office of the Supreme Court at Auckland.

(5) The Registrar of the Supreme Court shall thereupon set down the case for hearing at some convenient sitting of the Supreme Court.

(6) The determination of the Supreme Court shall be embodied in an order, and a duplicate of that order under the seal of the Court shall be transmitted by the Registrar of that Court to the Registrar of the High Court [or of the Land Appellate Court] or of [the Land Court].

(7) In and by such order the Supreme Court may fix and award the costs of the argument and determination of the special case, and the High Court, [Land Appellate Court], or [Land Court] shall by judgment or order give effect to the order so made by the Supreme Court.

(8) The Supreme Court may send back for amendment any case so stated by the High Court, [Land Appellate Court], or [Land Court].

In subs. (1), (2), (4), (6), (7), and (8) the references to the Land Appellate Court and Land Court were substituted for references to the Native Appellate Court and Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964; the words in the first set of square brackets in these subsections (as now amended by s. 57 (4) of the Cook Islands Amendment Act 1964) were inserted by s. 44 of the Cook Islands Amendment Act 1946.

As to the stating of a case for the Land Appellate Court by the Supreme Court of New Zealand, see s. 39 of the Cook Islands Amendment Act 1946.

158. Order granting leave to appeal - (1) [[No appeal under Article 61 of the Constitution]], whether as of right or not, shall be brought except in pursuance of an order of the High Court granting leave to appeal:

Provided that, subject to the provisions of subsections (3) and (4) of this section, the High Court shall grant such leave in every case where the appellant is entitled to appeal as of right.

(2) Application to the Court for leave to appeal shall be made at the time when judgment is given or within 21 days thereafter or, if the appellant is not sentenced on the date of conviction, at any time after the conviction but not later than 21 days after the date of sentence.

(3) Leave to appeal shall be granted only on condition that the appellant within a period to be fixed by the Court, not exceeding 2 months from the date of the hearing of the application, gives security to the satisfaction of the Court or the Registrar thereof in a sum to be fixed by the Court, not exceeding [[$200]], for the payment of the costs of the appeal:

Provided that, in the case of any appeal from a judgment of the Court in the exercised of it criminal jurisdiction, the Court may grant leave to appeal without requiring the appellant to give security for costs.

(4) Where the Court grants leave to appeal on condition that the appellant gives security for costs, the order granting leave to appeal shall not be sealed until that security has been duly given.]

This section was substituted for the original s. 158 by s. 4 of the Cook Islands Amendment Act 1956.

In subs. (1) the words in double square brackets were substituted for the words "No appeal under Article 61 of the Constitution or under section 157 of this Act" (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 3 (1) of the Cook Islands Amendment Act 1966.

159. Transmission of record - On the sealing of the order granting leave to appeal, a copy of the record of the proceedings in which the judgment appealed against was given (including the reasons for the judgment, and, where necessary, a statement of the facts or of the evidence) shall be prepared by the appellant and transmitted by the Registrar of the High Court under the seal of that Court to the Registrar of the Supreme Court of New Zealand at Auckland.

160. Dismissal of appeal for non-prosecution - If the appellant does not prosecute his appeal with due diligence, the respondent may apply either to the High Court or to the Supreme Court for an order dismissing the appeal for non-prosecution; and if such order is made by either Court the costs of the appeal and the security entered into by the appellant shall be dealt with in such manner as that Court may direct.

161. Procedure on appeal - The procedure on the hearing of any such appeal and in all matters incidental to any such appeal, whether in the High Court or in the Supreme Court, shall, subject to this Act, be determined by [enactment, and in default of any such enactment, or so far as any such enactment does not extended], shall be determined in such manner as the Court thinks fit.

The words in square brackets were substituted for the words "regulations to be made under this Act, and in default of such regulations, or so far as they do not extend" by s. 3 (1) of the Cook Islands Amendment Act 1965.

163. Powers of Supreme Court on appeal - (1) On any appeal from the High Court the Supreme Court may affirm, reverse, or vary the judgment appealed from, or may order a new trial, or may make any such order with respect to the appeal as the Court thinks fit, and may award such costs as it thinks fit to or against any party to the appeal.

[ (2) Without limiting the general powers conferred by subsection (1) of this section, the Supreme Court on any appeal against sentence shall, if it thinks that a different sentence should have been passed, quash the sentence passed and pass such other sentence warranted by law (whether more or less severe) in substitution therefor as the Court thinks ought to have been passed, and in any other case shall dismiss the appeal.]

164. Evidence on appeal - Every such appeal shall, so far as it relates to any question of fact, be determined by the Supreme Court by reference to the evidence heard at the trial certified to the Supreme Court under the seal of the High Court, and no further evidence shall, without the leave of the Supreme Court, be heard or admitted.

165. Stay of execution - An appeal to the Supreme Court of New Zealand shall operate as a stay of execution unless the High Court or the said Supreme Court otherwise order [or unless the appellant has been sentenced to death ...]

The words in square brackets were added by s.6 of the Cook Islands Amendment Act 1956; and the words “or to exile from the Cook Islands” were omitted by s.8 (2) (a) of the Cook Islands Amendment Act 1963.

166. Release of appellant from custody - (1) When lease to appeal to the Supreme Court of New Zealand from any conviction is granted by the High Court the High Court may, if it thinks fit, release the appellant from custody on bail pending the determination of the appeal.

(2) Any person so released on bail may be at any time, and for any reason which the High Court thinks sufficient, arrested by warrant and committed to prison, there to undergo his sentence.

(3) Any period during which an appellant has been so at large on bail shall not be computed as part of the term of imprisonment to which has been sentenced.

167. Appeal not to be allowed for irregularities in procedure - No judgment of the High Court shall, on appeal to the Supreme Court of New Zealand, be set aside on the ground of any error or irregularity in the proceedings of such Court, or on the ground of any defect of form or substance in the judgment, unless the Supreme Court is of opinion that the proceedings of the High Court were not in conformity with natural justice or that a substantial miscarriage of justice has taken place.

168. Right of audience on appeal - On every case stated for the Supreme Court of New Zealand, and in every appeal to that Court, the parties may either appear in person or be represented by a barrister of the Supreme Court, or may submit their arguments to the Supreme Court in writing.

171. Certiorari, mandamus, and prohibition taken away - The Supreme Court shall not exercise control over any Court in the Cook Islands (whether in respect of want of jurisdiction or otherwise) by way of certiorari, mandamus, or prohibition, or in any other manner save by way of appeal in accordance with the provisions [of the Constitution or] of this Act in that behalf.

The words in square brackets were inserted by s.3 (1) of the Cook Islands Amendment Act 1965.

173. Judgments of Supreme Court or Magistrate’s Court in New Zealand may be enforced by the High Court - (1) Any person in whose favour any judgment whereby any sum of money is made payable has been obtained in the Supreme Court of New Zealand or in a Magistrate’s Court in New Zealand in civil proceedings may cause a memorial thereof, authenticated by the seal of the Supreme Court or of the Magistrate’s Court, as the case may be, to be filed in any office of the High Court of the Cook Islands.

(2) Judicial notice may be taken by the High Court of the seal of the Supreme Court or Magistrate’s Court so affixed to any such memorial.

(3) Every such memorial shall set forth the names and additions of the parties to the proceeding in which the judgment was given, the form or nature of the proceeding, the date on which the judgment was given, and the amount payable there under.

(4) Every such memorial being so filed shall thenceforth be a record of such judgment, and execution may issue thereon with the leave of the High Court in the same manner as if the like judgment had been given by the High Court, subject, however, to such terms and conditions as the High Court may think fit to impose.

(5) Leave to issue such execution may be given by the High Court on the application of the party by whom the memorial was filed, and either ex parte or on notice to the party against whom execution is to be issued, as the High Court thinks fit.

174. Enforcement of judgments of Supreme Court by High Court by way of proceedings for contempt - (1) When by any judgment of the Supreme Court of New Zealand any person has been ordered to do or abstain from doing any act in the Cook Islands, other than the payment of money, the Supreme Court may then or at any time thereafter direct a memorial of such judgment under the seal of the Court to be filed in the High Court of the Cook Islands.

(2) On the filing of such memorial any disobedience to such judgment, whether before or after the filing of the memorial, shall be deemed to be a contempt of the High Court, and may be dealt with by that Court accordingly.

175. Commissioners of the Supreme Court may be appointed in the Cook Islands -Sections 47 to 49 of the Judicature Act 1908 (relating to Commissioners to administer oaths) shall in New Zealand be construed and operate as if the Cook Islands were a place beyond the jurisdiction of the Supreme Court within the meaning of section 47 aforesaid, and Commissioners in the Cook Islands may be appointed by a Judge of the Supreme Court accordingly.

Ss. 47-49 of the Judicature Act 1908 give power to a Supreme Court Judge in New Zealand to appoint Commissioners in any place outside the jurisdiction of the Supreme Court to take oaths, etc., in connection with any matter commenced or pending in a Court in New Zealand.

262. Falsely trading as an incorporated company - Every one is liable to a fine of [$200] who uses in connection with his trade or business any name, sign, device, or other representation indicating or calculated to lead other persons to believe contrary to the fact that such trade or business is that of an incorporated company, and in any prosecution for an offence against this section the burden of proving that such incorporated company exists and that the trade or business so carried on is the trade or business of that company shall be upon the accused.

272. Maximum fines and terms of imprisonment - Except where otherwise expressly provided, every one liable to imprisonment for any term for any offence may be sentenced to imprisonment for any shorter term, or may be sentenced to pay a fine not exceeding [$200] in addition to or instead of imprisonment, and every one liable to a fine of any amount may be sentenced to pay a fine of any less amount.

274. Imprisonment in Cook Islands - Save so far as herein otherwise provided, every sentence of imprisonment shall be carried into effect in some prison in the Cook Islands [and subject to the provisions of any enactment in that behalf].

The words in square brackets were substituted for the words "and subject to any Ordinance passed by the Legislative Assembly of the Cook Islands or by the Niue Island Assembly, as the case may be" (as substituted by s. 7 of the Cook Islands Amendment Act 1963) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[275. Transfer of convicted persons to New Zealand - (1) Every person condemned to death and every person sentenced to imprisonment, or committed to prison, for 6 Months or more may, by warrant under the hand of [[ the High Commissioner]] and the Seal of the Cook Islands..., be transferred to some prison in New Zealand named or described in the warrant.

(2) On the issue of any such warrant the person named therein shall thereupon be taken in custody from the Cook Islands to New Zealand, and there forthwith delivered to the Superintendent of the prison named or described in the warrant.

(3) The warrant shall be delivered to the said Superintendent together with a certificate under the hand of a Judge of the High Court and the seal of that Court setting forth the fact of the conviction or commitment of the person named in the warrant, the offence of which he was convicted or the reason of the commitment, and the sentence of the Court condemning him to death or, as the case may be, the term for which he has been so sentenced or committed.

(4) Where, after any person condemned to death has been brought to New Zealand under the foregoing provisions of this section,-

(b) The Supreme Court has on appeal substituted for the conviction for the offence in respect of which that person was condemned to death a conviction for some other offence and has imposed a sentence of imprisonment in respect thereof,-

the sentence of imprisonment may, by further warrant under the hand of [[ the High Commissioner]] and the Seal of the Cook Islands...., be carried into effect in some prison in New Zealand under the provisions of subsection (5) of this section.

(5) Where any person brought to New Zealand under the provisions of this section is imprisoned in New Zealand under any of the foregoing provisions of this section,-

(a) The period during which he has been in custody since the sentence was imposed in the Cook Islands until his delivery to the superintendent in New Zealand shall for all purposes be computed as part of the term of his imprisonment:

(b) [[Subject to the provisions of section 275A of this Act]] he shall be imprisoned in New Zealand in the same manner in all respects and shall be subject in all respects to the same laws, as far as applicable, as if he had been sentenced by the Supreme Court of New Zealand to imprisonment for the like offence, or committed to prison by that Court on the like grounds.]

This section was substituted for the original s. 275 by s. 7 of the Cook Islands Amendment Act 1956.

In subs. (1) and (4) the words in double square brackets were substituted for the words "a Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966, and the words "or the Seal of Niue, as the case may require" (as inserted by s. 95 ( 1) of the Cook Islands Amendment Act 1957) were omitted by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (5) (b) the words in double square brackets were inserted by s. 7 (2) (a) of the Cook Islands Amendment Act 1962.

In subs. (5) a proviso was omitted by s. 7 (2) (b) of the Cook Islands Amendment Act 1962.

[275A. Release of prisoners transferred to New Zealand - (1) Where any person (in this section referred to as the offender) brought to New Zealand under the provisions of section 275 of this Act is imprisoned in New Zealand under the provisions of that section,-

(i) May at any time, by warrant signed by him, grant to the offender, not being an offender serving a sentence of life imprisonment, remission of any part of his sentence, not exceeding one-fourth of the term thereof, on the ground of his good conduct and industry; and, with the concurrence of [the Minister of Foreign Affairs], may revoke any such remission, in whole or in part, before the offender is released, if the Minister of Justice is satisfied that the conduct or industry of the offender since the granting of the remission has been unsatisfactory or that the grant was made in error; and

(ii) May, where he considers that the conduct of the offender has been exemplary during his sentence, or that the offender has during his sentence performed some outstanding act of service, grant to the offender, not being an offender serving a sentence of life imprisonment, in addition to any remission which may be granted to him under subparagraph (i) of this paragraph, a special remission of part of his sentence, not exceeding one-twelfth of the term; and, with the concurrence of [the Minister of Foreign Affairs], may revoke any such remission at any time before the offender is released;

(aa) The Minister of Justice, with the concurrence of [the Minister of Foreign Affairs], may, in the case of any offender who is a Native, direct by warrant signed by him that on the release of the offender he be allowed to remain in New Zealand:

(b) Where an offender is granted a remission of any part of his sentence under paragraph (a) of this subsection, then,-

(i) If pursuant to this section he is to be released in New Zealand, the Minister of Justice, with the concurrence of [the Minister of Foreign Affairs], may, by warrant, at any time before he is released, impose such special conditions of probation as he thinks fit in addition to those that apply by virtue of the provisions of section 38 of the Criminal Justice Act 1954:

(ii) If pursuant to this section he is to be returned to the Cook Islands, the Minister of Justice, with the like concurrence, may, by warrant, at any time before he is released for the purpose of returning him to the Cook Islands, direct that, until a date specified in the warrant (being a date not later than the date of expiry of the term of the original sentence), the offender shall be subject to supervision by a person to be nominated from time to time by the High Commissioner, and shall comply with the directions of that person with respect to such matters as are specified in the warrant:]]

(c) The provisions of section 33A of the Criminal Justice Act 1954 (as enacted by section 4 of the Criminal Justice Amendment Act 1961), as far as they are applicable but subject to the provisions of this section, shall apply with respect to the offender as if he had been sentenced to imprisonment by the Supreme Court of New Zealand.

(2) The Prisons Parole Board, on considering the case of any offender under section 33A of the Criminal Justice Act 1954 (as so enacted), shall have regard, in addition to the matters specified in subsection (6) of that section, to such other matters of any kind whatsoever as it considers relevant in the circumstances of the case, and may, in its discretion, recommend that the offender -

(b) Be returned in custody to the Cook Islands and continue to serve the sentence of imprisonment in some prison in the Cook Islands until a date specified by the Board (being, in the case of a prisoner undergoing a sentence of life imprisonment, such date as the Board thinks fit, and, in the case of any other prisoner, a date not later than 3 months after his return to the Cook Islands) and be released on the date so specified; or

(3) Any recommendation of the Prisons Parole Board under subsection (2) of this section may be subject to such conditions as the Board thinks fit, including if the Board thinks fit, a condition, in the case of a prisoner to whom paragraph (a) [[ or paragraph (b)]] of that subsection applies, that, until a date specified by the Board (being, in the case of an offender undergoing a sentence of life imprisonment, such date as the Board thinks fit, and in any other case a date not later than the date of the expiry of the term of the original sentence), he shall be subject to supervision by a person to be nominated from time to time by the [[High Commissioner]] and shall comply with the directions of that person with respect to such matters as the Board specifies.

(4) The provisions of the Criminal Justice Act 1954 relating to the release of an offender on probation shall not apply with respect to any offender who is to be returned to the Cook Islands pursuant to this section.

(5) Where pursuant to this section any offender is released in New Zealand, the provisions of sections 35 to 39 of the Criminal Justice Act 1954, as far as they are applicable, shall apply as if he had been so released at or before the expiry of a term of imprisonment imposed by the Supreme Court of New Zealand.

(6) Where any offender who pursuant to this section is released in New Zealand desires to return to the Cook Islands before the expiration of the term of his probation, the Minister of Justice, on the application of the offender and with the concurrence of the [[Minister of Foreign Affairs]], may cancel the probationary licence as from the date on which the offender leaves New Zealand, and by warrant direct that as from the date of the arrival of the offender in the Cook Islands until a date specified in the warrant (being not later than the date on which the term of probation would have expired if the probationary licence had not been cancelled) the offender shall be subject to supervision by a person to be nominated from time to time by the [[High Commissioner]] and shall comply with the directions of that person with respect to such matters as are specified in the warrant.

(7) Every offender, if he is a Native........, shall, as soon as he is entitled to be released or as soon thereafter as may be, unless he is to be released in New Zealand under this section, be returned to the Cook Islands in pursuance of a warrant signed by the Minster of Justice, and in the meantime shall be detained in custody in some prison in New Zealand appointed by that warrant.

(8) A recommendation of the Prisons Parole Board under this section may be given effect to in pursuance of a warrant signed by the Minister of Justice with the concurrence of [[the Minister of Foreign Affairs]].

(9) For the purposes of this section, cumulative terms of imprisonment shall be treated as one term.]

In subs. (1), paras. (a), (aa), and (b) were substituted for the original paras. (a) and (b), by s. 3 (1) of the Cook Islands Amendment Act 1967.

In subs. (1), in paras. (a) (i), (a) (ii), (aa), and (b)(i), the references to the Minister of Foreign Affairs were substituted for references to the Minister of Island Affairs (as substituted by s. 8 (2) of the Maori and Island Affairs Department Act 1968) by s. 2 (4) (a) of the Cook Islands Amendment Act 1974.

In subs. (2), paras. (a)-(c) were substituted for the original paras. (a) and (b) by s. 8 (3) of .the Cook Islands Amendment Act 1963.

In subs. (3) the words in the first set of double square brackets were inserted by s. 8 (4) of the Cook Islands Amendment Act 1963; and the words in the second set of double square brackets were substituted for the words "Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (6) the words in the second set of double square brackets were substituted for the words "Resident Commissioner” by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subss. (6) and (8) the references to the Minister of Foreign Affairs were substituted for references to the Minster of Island Affairs (as sub-stituted by s. 8 (2) of the Maori and Island Affairs Department Act 1968) by s. 2 (4) (a) of the Cook Islands Amendment. Act 1974.

In subs. (7) the words "and is not under sentence of exile from the Cook Islands" were omitted by s. 8 (2) (b) of the Cook Islands Amendment Act 1963.

[275B. Person conditionally released from imprisonment, or portion of whose sentence is conditionally remitted, may be imprisoned - (1) Any person who is released from imprisonment -

(a) Pursuant to a remission of part of his sentence under paragraph (a) of subsection (1) of section 275A of this Act or to a recommendation of the Prisons Parole Board under paragraph (c) of that subsection subject to any conditions imposed under that section, and is returned to the Cook Islands under that section (including a person who returns to the Cook Islands pursuant to subsection (6) of that section); or

(b) Pursuant to a remission of part of his sentence under section 314B of this Act subject to any conditions imposed under that section,-

and who commits a breach of any such condition may be arrested by any constable without warrant and brought before a Judge of the High Court, and may be sentenced to imprisonment, in the case of a person who was undergoing a sentence of life imprisonment, for such period as the Court thinks fit, and in any other case for any period not exceeding the unexpired portion of the term of his original sentence.

(2) For the purposes of this section, cumulative terms of imprisonment shall be treated as one term.]

277. Cumulative sentences - (1) When an offender is sentenced for more offences than one at the same time, or if, when sentenced for one offence, he has already been sentenced for any other offence and has not yet completed the sentence so imposed upon him, the Court may direct that the sentences passed on him for his several offences shall take effect one after the other or concurrently.

(2) Save as provided by this section, every sentence of imprisonment shall commence to take effect on the day on which the sentence is pronounced.

278. Magistrates— In this Part of this Act the term "Magistrate" means [any Resident Agent], Judge of [the Land Court] [or of the Land Appellate Court], Registrar of the High Court or of [the Land Court], Collector of Customs, or Medical Officer.

The words in the first set of square brackets were substituted for the words "the Resident Commissioner of Niue, any Resident Agent" (as substituted by s. 3 ( 1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

The references to the Land Court mind Land Appellate Court were substituted for references to the Native Land Court and Native Appellate Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The words in the third set of square brackets (as now amended s. 57 (4) of the Cook Islands Amendment Act 1964) were inserted by s. 47 of the Cook Islands Amendment Act 1946.

279. Jurisdiction of High Court - Except where otherwise expressly provided, all offences against the laws of the Cook Islands may be tried in the High Court in accordance with this Part of this Act.

280. Felonies and misdemeanours - The distinction between felonies and misdemeanours and between offences punishable on indictment and by way of summary conviction is hereby abolished; and, so far as may be necessary for the purpose of any rule of the common law or of any enactment in force in the Cook Islands, all such offences shall be deemed to be misdemeanours.

289. Trial of accused in his absence - When any person is prosecuted for an offence punishable by fine only and has been duly summoned to appear before the High Court and fails to appear in accordance with the summons, the Court may try and sentence him for that offence in his absence.

300. Discharge of assessors and new trial - (1) If at any time after the commencement of the trial and before judgment the Judge is of opinion that, owing to the misbehaviour of any assessor, or to the death, illness, or absence of any assessor, or to any accident or misadventure, or to any other sufficient cause a new trial is necessary in the interests of justice, he may discharge the assessors and order a new trial accordingly.

(2) Every such new trial shall take place before the same or another Judge with assessors in the same manner as if no previous trial had taken place.

308. Drawing up of conviction - (1) On the conviction of any person of any offence before the High Court, a minute or memorandum of the conviction shall thereupon be drawn up and preserved as a record of the Court, and a formal conviction under the seal of the Court may be drawn up at any time afterwards when it becomes necessary.

(2) In the meantime the conviction and sentence may be carried into execution, and shall have the same force and effect in every respect as if the conviction had been formally drawn up under the seal of the Court.

309. Defects of information, summons, or warrant - (1) No objection shall be taken or allowed to any information, summons, or warrant in any criminal proceeding before the High Court for any alleged defect therein in substance or in form, or for any variance between such information, summons, or warrant and the evidence adduced at the trial.

(2) The High Court may at any stage of the trial amend the information in such manner as it thinks fit in respect of any such defect or variance.

310. Payment of witnesses - Any witness at a criminal trial may, if the Judge thinks fit and certifies accordingly, be paid out of [the Cook Islands Government Account], such allowance for his expenses and loss of time as is so certified, subject, however, to such rules of Court as may be made in that behalf.

The words in square brackets were substituted for the words "the Cook Islands Government Account or the Niue Assembly Account, as the case may require" (as amended by s. 95 (1) of the Cook Islands Amendment Act 1957 and s. 57 (5) of the Cook Islands Amendment Act 1964) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[310A. Court may order convicted person to come up for sentence if called upon - (1) The Court, on convicting an accused person of an offence under any enactment, may, having regard to the circumstances, including the nature of the offence and the character of the offender, instead of passing sentence, order the offender to appear for sentence if called upon to do so, on such conditions as it thinks fit, including, if the Court thinks fit, a condition that the offender shall be subject to supervision for such period as the Court specifies, not exceeding the period specified in or pursuant to subsection (3) of this section, by a person to be nominated from time to time by the [[High Commissioner]].

(2) The making of an order under this section shall not limit or affect the power of the Court, under any enactment applicable to the offence, to make any order for the payment of costs, damages, or compensation, or for the restitution of any property, notwithstanding that the offender is not sentenced on conviction, and the provisions of every such enactment shall apply accordingly.

(3) Any person in respect of whom an order is made under this section may be called upon to appear for sentence within any period specified by the Court in the order, being a period not exceeding 3 years from the date of the conviction, or if no period is so specified, within one year from the date of the conviction.

(4) Where any person is brought up for sentence under this section, the Court may, after inquiry into the circumstances of the case and the conduct of the offender since the order was made, sentence or otherwise, deal with the offender for the offence in respect of which the order was made.]

In subs. (1) the words in double square brackets were substituted for the words "Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

311. Conviction without sentence - (1) If on any criminal trial the Court thinks that the charge, though proved, is in the particular case of so trifling a nature or was committed under such circumstances that no punishment should be imposed, the Court may convict the accused and discharge him without sentence, either unconditionally or on such .conditions as the Court thinks fit to impose.

(2) If any person who is so convicted and discharged on conditions commits any breach of those conditions, he shall be guilty of an offence punishable in the same manner as the offence of which he was so previously convicted.

312. Bail - (1) When any person is released on bail under this Act he shall, with or without sureties as may be required, enter into a recognisance to [Her Majesty] in such sum as may be required conditioned in such manner as may be appropriate to the particular case and as may be required.

(2) Every such recognisance may be put in suit in the High Court in the ordinary course of the civil jurisdiction of that Court in proceedings at the suit of [Her Majesty].

313. Stay of proceedings by Minister - In any criminal prosecution in the High Court the [Minister in Charge of the Justice Department] may direct a stay of proceedings, and the proceedings shall be stayed accordingly.

The words in square brackets were substituted for the words "Attorney General of New Zealand in the case of a prosecution in Niue, and the Minister in charge of the Justice Department in the case of any other prosecution" (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

314. Search warrants - (1) Any Judge of the High Court or Magistrate who is satisfied on the oath of any person that there is reasonable ground for believing that there is in any building, ship, receptacle, or place -

(a) Anything which there is reasonable ground to believe will afford evidence as to the commission of any offence; or

(b) Anything in respect of which any offence has been or is suspected of having been committed; or

(c) Anything which there is reasonable ground for believing to be intended to be used for the purpose of committing any offence.

may, by warrant under his hand, authorise some constable or other officer of the Cook Islands Public Service to search such building, ship, receptacle, or place for any such thing, and to seize and bring it before the person by whom such warrant has been issued.

(2) Every such warrant shall be executed by day (that is to say, after sunrise and before sunset), unless the warrant expressly authorises the execution thereof by night.

(4) When any such thing is seized and brought before the person by whom the warrant was issued, such person may either order it to be detained for the purpose of evidence on the trial of any person for any such offence as aforesaid or may direct it to be delivered to any person believed by the person so issuing the warrant to be entitled thereto.

(5) No such order of delivery shall in any manner affect the right of any person to the ownership or possession of the thing.

(6) Any thing so ordered to be detained as evidence of all offence may be detained in pursuance of the order for such time as is reasonably necessary for the purpose of any proceedings instituted or to be instituted in respect of the offence.

As to search warrants in connection with intoxicating liquor, see s.13 of the Cook Islands Amendment Act 1961.

[314A. Transmission of certain warrants and orders by telegram - (1) Where, as a result of the exercise by the Governor-General of the prerogative of mercy of the Crown or of a judgment by the Supreme Court of New Zealand on an appeal from the High Court or of a judgment of the Privy Council on an appeal from the Supreme Court of New Zealand, any person held in custody in the Cook Islands is entitled to be released from custody, the Warrant signed by the Governor-General or, as the case may be, the order of the Supreme Court or of the Privy Council may be transmitted to the Cook Islands by telegram, and the telegraphic copy shall be sufficient authority to all persons concerned to release that person accordingly.

(2) In this section the term "telegram" has the same meaning as in section 146 of the Post and Telegraph Act 1928.]

Subs. (2): The Post and Telegraph Act 1928 was repealed and replaced by the Post Office Act 1959 but without a corresponding definition of the term “telegram”.

[314B. Pardon and remission of sentence - (1) When any person has been convicted of an offence by the High Court, whether before or after the commencement of this section, the High Commissioner, acting with the concurrence of the Executive Council of the Cook Islands, may, by warrant signed by him, pardon the offender, or may remit any portion of a sentence of imprisonment passed upon the offender or any portion of a fine imposed upon him, or may commute a sentence of death to one of imprisonment.

(2) Any such pardon or remission may be made subject to such conditions as the High Commissioner, with such concurrence as aforesaid, thinks fit, including in the case of the remission of part of the sentence of an offender undergoing a sentence of imprisonment, if the High Commissioner, with such concurrence as aforesaid, thinks fit, a condition that, until a date specified by the High Commissioner (being, in the case of an offender undergoing a sentence of life imprisonment, such date as the High Commissioner, with such concurrence as aforesaid, thinks fit, and in any other case a date not later than the date of the expiry of the term of the original sentence), he shall be subject to supervision by a person to be nominated from time to time by the High Commissioner, and shall comply with the directions of that person with respect to such matters as the High Commissioner, with such concurrence as aforesaid, specifies.

(3) For the purposes of this section, cumulative terms of imprisonment shall be treated as one term.

(4) The High Commissioner, with such concurrence as aforesaid, may in like manner pardon any offender who has given evidence which leads to the conviction of an accomplice.

(5) Where any person is granted a free pardon under this section, that person shall be deemed never to have committed the offence:

Provided that the granting of a free pardon shall not affect, anything lawfully done or the consequence of anything unlawfully done before it is granted.

This section was substituted for the former s. 314B (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965 and amended by s. 2 of the Cook Islands Amendment Act (No. 2) 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

326. Power to administer oaths - All Courts are hereby empowered to administer an oath to all such witnesses as are lawfully called or voluntarily come before them, or to take the affirmation of any such witness in lieu of such oaths.

327. Form of oath - Every oath, whether in a judicial proceeding or not, may be made in such form as the person making the same consents to, whether expressly or impliedly.

328. Making of oath - Except when the person making the oath so consents to any other form of oath, an oath shall, whether in a judicial or other proceeding, be made in one of the 2 forms following:

(a) The person making the oath may, while holding in his hand a copy of the bible, New Testament, or Old Testament, repeat the words of the oath as prescribed or allowed by law; or

(b) The officer administering the oath may repeat the appropriate form of adjuration commencing with the words "Do you swear by Almighty God", or words to the like effect, and concluding with the words of the oath as prescribed or allowed by law, and the person making the oath shall thereupon, while holding in his hand a copy of the Bible, Old Testament, or New Testament, indicate his assent to the oath so administered by uttering the words "I do", or other words to the like effect.

329. Absence of religious belief - Where an oath has been duly made the fact that the person making the same had at the time of making the same no religious belief shall not for any purpose affect the validity of the oath.

330. Affirmation may be made in lieu of oath - (1) Every person shall be entitled as of right to make his solemn affirmation instead of an oath in cases in which an oath is required or allowed by law, and such affirmation shall be of the same force and effect as an oath.

(2) Every such affirmation shall commence with the words "I do solemnly, sincerely, and truly declare and affirm", or words to the like effect, omitting any words of imprecation or calling to witness.

331. Evidence of children without oath - In any proceeding all witnesses who are or appear to be under the age of 12 years may be examined without oath, but any such witness
shall in such case be required before being examined to make the following declaration: "I promise to speak the truth, the whole truth, and nothing but the truth", or a declaration to the like effect; and such declaration shall be of the same force and effect as if the witness had taken an oath.

332. Necessity of oath - Subject to the provisions of this Act, all witnesses in any judicial proceeding, civil or criminal, shall be examined on oath.

333. Arrest in Cook Islands of fugitive offenders from New Zealand - When a warrant has been lawfully issued by any competent authority in New Zealand for the arrest of any person and such person is suspected of being in the Cook Islands or of being about to come into the Cook Islands, a Judge of the High Court may, if satisfied in any manner that such warrant has been issued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in the Cook Islands, and such warrant shall be addressed to such person or persons as the Judge thinks fit.

334. Order of return to New Zealand - On the arrest of any person in pursuance of a warrant so issued by a Judge of the High Court the person so arrested shall be forthwith brought before the High Court, which may, on the production of the original warrant issued in New Zealand, order the return of that person to New Zealand.

335. Refusal of order in case of hardship - The High Court may refuse to make any such order if, having regard to the nature of the charge made against such person or to the circumstances of the case, the Court is of opinion that the return of such person to New Zealand would be the cause of undue hardship or would otherwise be unjustifiable or inexpedient.

336. Imprisonment or release pending return - Pending the making of any such order of return, or pending the return of any such person to New Zealand, the High Court may either commit him to prison or admit him to bail in such manner and on such conditions as the Court thinks fit.

337. Release on security in lieu of return - (1) Instead of making such an order of return, the High Court may release such person on bail conditioned for the payment of such sum or sums of money or the performance of such conditions with relation to the matters in respect of which the original warrant was issued in New Zealand as the High Court thinks fit.

(2) On any breach of the conditions on which such person has been so released he may be again arrested in the Cook Islands under a warrant issued by a Judge of the High Court, and an order for his return to New Zealand may be made in the same manner as if he had not been so released.

338. Return to New Zealand in custody - Any person against whom an order of return to New Zealand has been so made shall, so soon as practicable thereafter, be taken from the Cook Islands to New Zealand in a ship belonging to [Her Majesty] or in a British ship, and in the custody of either of the master of that ship or of such other person as a Judge of the High Court may approve, and shall on arrival in New Zealand be there delivered into the custody of an officer of police, to be dealt with in the same manner as if he had been arrested in New Zealand in pursuance of the original warrant issued there for his arrest.

339. Cancellation of order of return - If any person so ordered to be returned to New Zealand is not returned in accordance with the order within a reasonable time after the making thereof, the High Court may cancel the order for his return.

340. Arrest in New Zealand of fugitive offenders from the Cook Islands - When a warrant has been lawfully issued by any competent authority in the Cook Islands for the arrest of any person, and such person is suspected of being in New Zealand or of being about to come into New Zealand, a Stipendiary Magistrate in New Zealand may, if satisfied in any manner that such warrant has been issued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in New Zealand, and such warrant shall be addressed to such person or persons as the Magistrate thinks fit.

341.Order of return to the Cook Islands - On the arrest of any person in pursuance of any warrant so issued by a Magistrate the person so arrested shall be forthwith brought before a Magistrate in New Zealand, who may, on the production of the original warrant is sued in the Cook Islands, order the return of that person to the Cook Islands.

342.Judicial notice of signature to warrant - On making any such order the Magistrate may take judicial notice of the signature to the warrant issued in the Cook Islands, and may receive such evidence as he thinks fit whether legally admissible in other proceedings or not.

343. Refusal of order in case of hardship - A Magistrate may refuse to make any such order if, having regard to the nature of the charge made against such person or to the circumstances of the case, the Magistrate is of opinion that the return of such person to the Cook Islands would be the cause of undue hardship or would otherwise be unjustifiable or inexpedient.

344. Imprisonment or release pending return - Pending the making of any such order of return, or pending the return of any such person to [the Cook Islands], a Magistrate may either commit him to prison or admit him to bail in such manner and on such conditions as the Magistrate thinks fit.

The words in square brackets were substituted for the words "New Zealand" by s. 15 of the Cook Islands Amendment Act 1950.

345. Release on security in lieu of return - (1) Instead of making such an order of return, the Magistrate may release such person on bail conditioned for the payment of such sum or sums of money or the performance of such conditions with relation to the matter in respect of which the original warrant was issued in the Cook Islands as the Magistrate thinks fit.

(2) On any breach of the conditions on which such person has been so released he may be again arrested in New Zealand under a warrant issued by a Magistrate, and an order for his return to the Cook Islands may be made in the same manner as if he had not been so released.

346. Return to the Cook Islands in custody - Any person against whom an order of return to the Cook Islands has been so made shall, so soon as practicable thereafter, be taken from New Zealand to the Cook Islands in a ship belonging to [Her Majesty] or in a British ship, and in the custody either of the master of that ship or of such other person as a Magistrate may approve, and shall on arrival in the Cook Islands be there delivered into lawful custody, to be dealt with in^. the same manner as if he had been arrested in the Cook Islands in pursuance of the original warrant issued there for his arrest.

347. Cancellation of order of return - If any person so ordered to be returned to the Cook Islands is not returned in accordance with the order within a reasonable time after the making thereof, a Magistrate or a Judge of the Supreme Court may cancel the order for his return.

348. Prisoners may be removed from one island to another - Any person in lawful custody on any ground whatever in any island forming part of the Cook Islands may be removed in custody to any other of such islands in any ship belonging to [Her Majesty] or in any British ship.

[349A. Extradition Act in force in Cook Islands - (1) Subject to the provisions of this Act, the Extradition Act 1965, so far as it is applicable, shall extend to and be in force in the Cook Islands ....

(2) In the application of the Extradition Act 1965 to the Cook Islands....., unless the context otherwise requires,-

(a) Every reference in that Act to New Zealand shall be read as a reference to the Cook Islands......:

(b) Every reference in that Act to the Court, or to the Supreme Court or a Judge thereof, or to a Magistrate or Justice, shall be read as a reference to the High Court of the Cook Islands or a Judge of that Court:

(c) Every reference in that Act to the Minister of Justice shall be read, in relation to the Cook Islands, as a reference to the Minister in Charge of the Justice Department of the Cook Islands...:

(d) The reference in the definition of the expression "extradition offence" in subsection (1) of section 2 of that Act to the crimes described in the First Schedule to that Act shall be read as a reference to such of the criminal offences described in Part V of this Act as correspond to the crimes described in Part I of that Schedule, and also as a reference to such of the enactments specified in Part II of that Schedule as are in force in the Cook Islands.....:

(e) The references in subsection (2) of section 2 of that Act to sections 310, 311, and 312 of the Crimes Act 1961 shall be read as references to sections 263, 264, 265, 268, and 268E of this Act, as the case may require:

(f) The references in subsections (3) and (4) of section 5 of that Act [[ (as amended by section 5 (2) of the Criminal Justice Amendment Act 1969) to Part V A of the Criminal Justice Act 1954 and Part IV of the Mental Health Act 1969]] shall be read as references to sections 591 and 593 of this Act, as the case may require:

(g) The references in sections 8 and 15 of that Act to the preliminary hearing of an information for an indictable offence shall be read as references to the trial of an offence punishable by the High Court in the ordinary course of its criminal jurisdiction and procedure:

(h) The reference in section 8 of that Act to the Summary Proceedings Act 1957 shall be read as a reference to this Act, and the reference in that section [[(as amended by section 5 (2) of the Criminal Justice Amendment Act 1969) to Part V A of the Criminal Justice Act 1954]] shall be construed as a reference to sections 590, 592, and 593 of this Act:

(i) No Order in Council made under that Act shall have any force or effect in the Cook Islands unless it is made at the request and with the consent of the Government of the Cook Islands made and given in the manner provided in Article 88 of the Constitution of the Cook Islands (as set out in the Schedule to the Cook Islands Constitution Act 1964).]

In subs. (1) and (2) the words "and Niue" were omitted by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. 2 (a) the words "or to Niue, as the case may require" were omitted by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) (c) the words "and, in relation to Niue, as a reference to the Minister of Justice of New Zealand acting with the concurrence of the Minister of Island Territories of New Zealand" were omitted by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) (d) the words "or in Niue, as the case may be" were omitted by s. (2) (1) of the Cook Islands Amendment Act 1966.

In subs. (2) (f) the words in double square brackets have been substituted for the words "to sections 31 and 38 of the Mental Health Act 1911" pursuant to s. 5 (2) and (3) of the Criminal Justice Amendment Act 1969.

In subs. (2) (h) the words in double square brackets have been substituted for the words "to sections 32, 34, and 35 of the Mental Health Act 1911" pursuant to s. 5 (2) and (3) of the Criminal Justice Amendment Act 1969.

The Extradition (United States of America) Order 1970 is in force in the Cook Islands: see S.R. 1970/240.

[350. Crown proceedings in the Cook Islands - (1) Subject to this Act, the Crown Proceedings Act 1950, so far as it is applicable, shall extend to and be in force in the Cook Islands.

(2) In the application of the Crown Proceedings Act 1950 to the Cook Islands, unless the context otherwise requires,-

(a) Every reference in that Act to the Crown or [[ Her Majesty]] shall be construed as including a reference to [[Her Majesty]] in respect of the government of the Cook Islands:

(b) Every reference in that Act to New Zealand shall be construed as a reference to the Cook Islands:

(c) Every reference in that Act to any Court shall be construed as including a reference to the High Court of the Cook Islands and of [[the Land Court]] of the Cook Islands:

(d) Every reference in that Act to an officer of the Crown shall be construed, in relation to [[ Her Majesty]] in respect of the government of the Cook Islands, as

including a reference to [[the High Commissioner]] and any servant of [[Her Majesty]] in respect of the government of the Cook Islands and as not including any Judge or any other Commissioner or other Judicial officer:

(e) Every reference in that Act to the Attorney-General or any Minister of the Crown shall be construed, in relation to [[ Her Majesty]] in respect of the
government of the Cook Islands, as a reference to [[the High Commissioner]]:

(f) Every reference in that Act to the Solicitor-General shall be construed in relation to [[Her Majesty]] in respect of the government of the Cook Islands, as including a reference to the Registrar of the High Court of the Cook Islands at Rarotonga....:

(g) Every reference in sections 20 to 23 of that Act to the Supreme Court shall be construed, in relation to [[ Her Majesty]] in respect of the government of the Cook Islands, as a reference to the High Court of the Cook Islands:

(h) The reference in subsection (3) of section 24 of that Act to the Governor-General shall be construed, in relation to [[Her Majesty]] in respect of the government of the Cook Islands, as a reference to [[the High Commissioner]]; and all money payable under that subsection shall be payable out of the [[Cook Islands Government Account]].

(3) Subsection (2) of section 8, section 9, and subsection (2) of section 29 of the Crown Proceedings Act 1950 shall not extend to or be in force in the Cook Islands.

(4) Civil proceedings to which [[Her Majesty]] is a party or third party in respect of the government of the Cook Islands shall be conducted on behalf of [[Her Majesty]] by such person as [[the High Commissioner]] may appoint for the conduct thereof.]

This section was substituted for the original s. 350 by s. 32 (1) of the Crown Proceedings Act 1950.

In subs. (2) (c) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (2) (d) the words in the second set of double square brackets were substituted for the words "the Resident Commissioner of the Cook Islands, the Resident Commissioner of Niue" (as amended by s. 95 (1) of the Cook Islands Amendment Act 1957) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) (e) the words in the second set of double square brackets were substituted for the words "any Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) (f) the words "and to the Registrar of the High Court of the Cook Islands at Niue" were omitted by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) (h) the words in the second set of double square brackets were substituted for the words "any Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) (h) the words in the third set of double square brackets were substituted for the words "Cook Islands Government Account or the Niue Assembly Account, as the case may require" (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (4) the words in the third set of double square brackets were substituted for the words "any Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

354. All land in the Cook Islands vested in Her Majesty - All land in the Cook Islands except land which by this Act or before the commencement thereof is or has been vested in any person for an estate in fee simple is hereby declared to be vested in [Her Majesty], subject, however, to all rights lawfully held therein by any person at the commencement of this Act, whether by virtue of Native custom and usage or otherwise howsoever.

As to the vesting of the Island of Nassau in the natives of Pukapuka, see s. 7 of the Cook Islands Amendment Act 1952.

As to the vesting of the Island of Palmerston in the native inhabitants, see s. 2 of the Cook Islands Amendment Act 1954.

[355. Grants of Crown land - (1) Subject to any enactment for the time being in force in that behalf, the High Commissioner may grant Crown land in the Cook Islands in fee simple, or may grant in respect of any such land any lease, licence, easement, or other limited estate, right, or interest, or may accept a surrender of any estate, right, or interest in any such land.

(2) In the case of Crown land reserved or set apart for any public purpose, no such grant shall be made except so far as consistent with that purpose.

(3) Every such grant in fee simple shall be under the Seal of the Cook Islands, and every other grant shall be made by warrant of the High Commissioner, or in such other manner as may be prescribed by any enactment.]

This section was substituted for the former s. 355 (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the'" Cook Islands Amendment Act 1966.

[356. Reserves of Crown land for public purposes - Any Crown land in the Cook Islands may, by warrant of the High Commissioner, be set aside as a reserve for any public purpose, and shall be reserved and used for that purpose accordingly, but any such warrant may be at any time revoked.]

This section was substituted for the original s. 356 (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[357. Taking of land for public purposes - The High Commissioner may, by warrant, take any land in the Cook Islands for any public purpose specified in the warrant, and it shall thereupon become absolutely vested in Her Majesty as from the date of the warrant, or from any later date specified therein in that behalf, free from all estates, rights, and interests of any other person therein, save so far as any such estates, rights, or interests are expressly saved by the warrant.]

This section was substituted for the original s. 357 (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[358. Revocation of warrant taking land - (1) If any such warrant so taking land as aforesaid is made in error, or if the land so taken or any part thereof is found not to be required for the purpose for which it was taken, the High Commissioner may, by warrant, at any time before compensation has been awarded or paid in respect thereof, revoke the first-mentioned warrant either wholly or as to any part of the land so taken.

(2) A warrant so revoked shall, so far as revoked, be deemed never to have been made, and the land shall accordingly be deemed to have remained vested in the persons formerly entitled thereto or their successors in title.

(3) Any person interested in the land and suffering loss or damage by the making and revocation of any such warrant taking the land shall be entitled to compensation in the same manner, with all necessary modifications, as in the case of compensation for land taken.]

This section was substituted for the original s. 358 (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the^. Cook Islands Amendment Act 1966.

359. Compensation for land taken - (1) When any land has been so taken for a public purpose all persons having in respect of that land any right, title, estate, or interest which is extinguished or divested by the taking of the land shall be entitled to compensation therefor from the Crown.

[(2) Such compensation shall be assessed and awarded by the High Court either on the application of any Minister or of any person claiming the compensation or any share therein.

(3) The compensation so awarded to any person shall constitute a debt due to him by the Crown, and shall be payable out of the Cook Islands Government Account.]

(4) If the land so taken is Native customary land, [the Land Court] shall, on the requisition of the High Court; investigate the customary title to that land, and shall determine by order the persons entitled thereto, and the relative interests of those persons, and the High Court shall thereupon assess and award compensation accordingly.

[(5) In awarding any such compensation the High Court may direct that the compensation, or any part of it, be paid into [[the Land Court]] for distribution to the persons entitled thereto.

(6) The receipt of the Registrar of [[the Land Court]] shall be a sufficient discharge for any money so paid in the same manner as if that money had been then paid to the persons entitled thereto.]

Subss. (2) and (3) were substituted for the original subss. (2) and (3) (subs. (2) having been amended by s. 3 (1) of the Cook Islands Amendment Act 1965, and subs. (3) having been amended by s. 95 (1) of the Cook Islands Amendment Act 1957) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (4) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

Subss. (5) and (6) were added by s. 10 of the Cook Islands Amendment Act 1963, and in those subsections the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

As to compensation for land taken to provide access to Native land, see s. 409A of this Act.

360. Resumption of Crown Land for public purposes - [(1) The High Commissioner may at any time, by warrant, resume for any public purpose specified in the warrant any Crown land held under lease or otherwise subject to any right, title, or interest in any other person, and every such lease, right, title, or interest shall, in accordance with the tenor of the warrant, determine accordingly, save so far as expressly preserved thereby.]

(2) All persons entitled to any lease, right, title, or interest so determined shall be entitled to compensation in the same manner as in the case of land taken for public purposes.

Subs. (1) was substituted for the original subs. (1) (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[361. Reservation of land so taken or resumed - Any land so taken or resumed for any public purpose shall be deemed to be set apart and reserved for that purpose, but the High Commissioner may at any time, by warrant, cancel any such reservation.]

This section was substituted for the original s. 361 (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[362. Purchase of land for public purposes - The High Commissioner may, for any public purpose, for and in the name of Her Majesty, purchase any Native freehold or European land in the Cook Islands or any undivided interest therein, or acquire by grant or assignment any lease, easement, or other limited right, title, estate, or interest in any such land.]

This section was substituted for the original s. 362 (as amended by s. 3(1) of the Cook Islands Amendment Act 1965) by s. 2 of the Cook Islands Amendment Act 1966.

363. Control of Crown land by High Commissioner - [The High Commissioner] may exercise on behalf of [Her Majesty] all rights to suit, entry, re-entry, receipt of rents and profits, use, management, control, and possession vested in [Her Majesty] in respect of Crown land in the Cook Islands.

The words in the first set of square brackets were substituted for the words "A Resident Commissioner" by s. (2) (1) of the Cook Islands Amendment Act 1966.

364. "Public purposes" defined - The term "public purposes" as used in this Act includes naval and military defence, education, public health, pearl and other fisheries, public buildings, wharves, jetties, harbours, prisons, water supply, sites for townships, public recreation, the burial of the dead, all purposes for which money is appropriated by Parliament [or by the Legislative Assembly], and all lawful purposes and functions of the Government of the Cook Islands... [and also includes any housing purpose within the meaning of Part I of the Cook Islands Amendment Act 1960].

The words “or by the Legislative Assembly” were inserted by s.4 of the Cook Islands Amendment Act 1967.

The words “other than Niue or of the Government of Niue” (as inserted by s.95 (1) of the Cook Islands Amendment Act 1957) were omitted by s.2 (1) of the Cook Islands Amendment Act 1966; and the words in the second set of square brackets were added by s.21 of the Cook Islands Amendment Act 1960.

365. Saving of reserves under the Cook Islands Government Act 1908 - (1) All reserves heretofore established under section 21 of the Cook Islands Government Act 1908, or the corresponding provisions of any former Act, shall be deemed to have been established under this Part of this Act.

(2) Paragraph (b) [of subsection (3) of] section 21 of the Cook Islands Government Act 1908 shall, not withstanding the repeal of that Act by this Act, continue to apply to all reserves for the purpose of Imperial military or naval defence which before the commencement of this Act have been vested by Proclamation in any person or authority for the purpose aforesaid.

In subs. (2) the words "of subsection (3) of” have been inserted to correct an obvious omission.

Para. (b) of subs. (3) of s.21 of the Cook Islands Government Act 1908 provided as follows:

"Upon being satisfied that any such reserve is no longer required for the purpose for which it is so vested as aforesaid, the Governor may by Proclamation revoke the vesting Proclamation, and thereupon the title created by the vesting Proclamation shall be deemed to be diversed, and the reserve shall revert to His Majesty as Crown land, and be liable to be dealt with accordingly in like manner in all respects as if the vesting Proclamation had never been made:

"Provided that all works, buildings, and machinery erected on the reserve during the currency of the vesting Proclamation may be removed or otherwise disposed of in such manner as the naval or, as the case maybe, the military authorities of His Majesty think fit, and within such period after the reversion of the reserve as may be agreed on between the Governor and them."

366. Validation of Crown purchases - All land which at the commencement of this Act is in the possession of the Crown as having been purchased or otherwise acquired by the Crown from the Native owners thereof shall be deemed to be Crown land, and all such purchases and acquisitions are hereby validated accordingly.

As to the Land Appellate Court, see Part II of the Cook Islands Amendment Act 1946.

371. Registrars of Land Court - [(1) There shall be one or more Registrars of the Land Court, to be appointed under the provisions of Part III of the Cook Islands Amendment Act 1957.]

(2) The Registrars shall keep the records of the said Court, and shall perform such other administrative functions with respect to the Court as the Chief Judge directs.

Subs. (1) was substituted for the original subs. (1) (as amended by s. 95 (1) of the Cook Islands Amendment Act 1957) by s. 2 (1) of the Cook Islands Amendment Act 1966.

The Registrars are also Registrars of the Land Appellate Court; see s. 33 of the Cook Islands Amendment Act 1946.

372. Deputy Registrars - [There may also be appointed under the provisions of Part III of the Cook Islands Amendment Act 1957 such Deputy Registrars of [[the Land Court]] as may be necessary], who shall, subject to the control of the Registrars, possess, exercise, and perform the same powers, functions, and duties as the Registrars, and every reference in this Act to a Registrar of [the Land Court] shall, so far as applicable, extend and apply to a Deputy Registrar accordingly.

The words in single square brackets were substituted for the words "The Governor-General may also appoint such Deputy Registrars of the Native Land Court as he thinks necessary, who shall hold office during his pleasure, and" by s. 95 (1) of the Cook Islands Amendment Act 1957.

The references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The Deputy Registrars are also Deputy Registrars of the Land Appellate Court; see s. 33 of the Cook Islands Amendment Act 1946.

373. Offices of Land Court - The records, plans, and documents relating to the business of [the Land Court] shall be kept and the administrative work of the Court shall be carried on at such places as the Chief Judge from time to time appoints.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

374. Records - Registers shall be kept by the Registrars in which shall be recorded minutes of all applications made by the Court and of all orders and proceedings made or had thereon.

375. Seal of the Land Court - (1) The Court shall have in the custody of each Judge and Registrar a seal which shall be the seal of the Court, and shall be used for sealing documents which require to be sealed.

(2) The form or forms of the seal shall be such as the Minister [in charge of the justice Department] from time to time determines.

In subs. (2) the words in square brackets were inserted by s. 3 (1) of the Cook Islands Amendment Act 1965.

376. Deputy of Chief Judge - (1) The [High Commissioner] may during the incapacity, illness, or absence from the Cook Islands of the Chief Judge of [the Land Court], or during any vacancy in the office of Chief Judge, appoint any other judge of that Court or any other fit person to act as Deputy for the Chief Judge, and may at any time revoke any such appointment.

(2) During the continuance of any such appointment the person so appointed shall have, exercise, and perform all the powers and duties of the Chief Judge.

(3) The fact of any person appointed by the [High Commissioner] in that behalf acting as Chief Judge shall be conclusive of the validity of the appointment and of his authority so to act, and no act done by the Chief Judge shall be questioned or invalidated on the ground that any such appointment of any other person as a Deputy was at that time in force.

In subss. (1) and (3) the words "High Commissioner" were substituted for the words "Governor-General" by s. 3 (1) of the Cook Islands Amendment Act 1965.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

As to the appointment of New Zealand Maori Land Court Judges to the Cook Islands Land Court, see s. 45 of the Cook Islands Amendment Act 1946.

377. Administrative officers - There shall be appointed [under the provisions of Part III of the Cook Islands Amendment Act 1957] in respect of [the Land Court] such clerks, interpreters, and other administrative officers as [may be] necessary.

The words in the first set of square brackets were inserted, and the words "may be" were substituted for the words "the Governor-General thinks", by s. 95 (1) of the Cook Islands Amendment Act 1957.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964. The officers are also officers of the Land Appellate Court; see s. 33 of the Cook Islands Amendment Act 1946.

378. Rules of Court - [ (1) The practice and procedure of the Land Court and the fees payable in respect of the proceedings of that Court shall be as prescribed by enactment.]

(2) So far as such [enactment does] not extend, but subject to this Act, the Court shall in all matters proceed in such manner as seems just and convenient in the particular case.

Subs. (1) was substituted for the original subs. (1) by s. 3 (1) of the Cook Islands Amendment Act 1965.

In subs. (2) the words in square brackets were substituted for the word "rules do" by s. 3 (1) of the Cook Islands Amendment Act 1965.

379. Applications to Court - The jurisdiction of [the Land Court] in any matter may be exercised on the application of any person claiming to be interested therein, or on the application of [any Minister] or of any person authorised by him in that behalf.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964. The words in the second set of square brackets were substituted for the words "a Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

380. Exercise of supplementary jurisdiction - In the course of the proceedings on any application the Court may, subject to rules of Court, without further application and upon such terms as to notice to parties and otherwise as the Court thinks fit, proceed to exercise any other part of its jurisdiction the exercise of which in those proceedings the Court deems necessary or advisable.

381. Powers of Judges - A Judge sitting alone or any 2 or more Judges sitting together may exercise all the power of [the Land Court].

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

As to the continuance of a case before a different Judge, see s. 46 of the Cook Islands Amendment Act 1946.
As to the making of an order, see s. 48 of the Cook Islands Amendment Act 1946.

382. Sittings of Court - The times and places of the sittings of [the Land Court] shall be determined in accordance with rules of Court.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

383. Summoning of witnesses - Any person who has been duly summoned to give evidence before [the Land Court], or there to produce any document, and who neglects or fails without sufficient cause shown by him to appear or to produce, any such document, and any person, whether summoned to attend or not, who, being present in Court and being required to give evidence or to produce any document then in his Possession, refuses, without sufficient cause shown by him, to be sworn or to give evidence or to produce that document, and any person who, having been sworn, to give evidence in any proceeding, neglects or fails without sufficient cause shown by him to appear at such time as the Court directs for the purpose of giving further evidence in the proceeding shall be guilty of contempt of [the Land Court], and may be dealt with accordingly.

The references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The provisions of this section and ss. 384, 385, and 386 apply to the Land Appellate Court; see s. 35 (1) of the Cook Islands Amendment Act 1946.

384. Costs - In any proceeding [the Land Court] may make such order as it thinks fit as to the payment of the costs thereof, or of any proceedings or matters incidental or preliminary thereto, by or to any person who is a party to that proceeding, whether the persons by and to whom the costs are so made payable are parties in the same or different interests.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

385. Security for costs - (1) In any proceeding and at any stage thereof [the Land Court] may require any party thereto to deposit any sum of money as security for costs, and
in default of such deposit being made the Court may stay the proceeding either wholly or in respect of the party so in default.

(2) When any sum has been so deposited as security for costs it shall be disposed of in such manner as the Court directs.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

386. Costs may be charged on land - When in any proceeding any order is made by [the Land Court] affecting or relating to the title to Native land or any interest in Native
land, the Court may, in addition to or in lieu of making an order for the payment of the costs of that proceeding or of any proceedings or matters incidental or preliminary thereto by any party thereto, make an order charging the whole of any part of those costs upon the said land or upon the said interest therein, as the case may be, and every such charge shall be enforceable in manner hereinafter provided with respect to the enforcement of charges imposed upon Native land by the Court.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

387. Right of audience - (1) Any person entitled to appear in any proceedings in [the Land Court] may appear either personally or with the leave of the Court by an agent or representative.

(2) Such leave may be given on such terms as the Court thinks fit, and may at any time be withdrawn.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The provisions of this section extend and apply to the Land Appellate Court; see s. 36 (1) of the Cook Islands Amendment Act 1946.

388. Amendments of defects - (1) [The Land Court] shall have power in the course of any proceeding, and whether with or without the application of any party, to amend all defects or errors in the proceeding, whether there is anything in writing to amend by or not, and whether the defect or error is that of a party applying to amend or not.

(2) All such amendments may be made on such terms as the Court thinks fit, and all amendments shall be made which are necessary for exercising as fully and beneficially as possible the jurisdiction of the Court in that proceeding.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The provisions of this section apply to amendment of defects or errors in proceedings in the Land Appellate Court; see s. 35 (2) of the Cook Islands Amendment Act 1946.

389. Amendments of records - (1) [The Land Court] or any Judge thereof may at any time make or authorise to be made in any order, warrant, record, or other document made, issued, or kept by the Court all such amendments as are considered necessary to give effect to the intended decision or determination of the Court or to record the actual course and nature of any proceedings in the Court.

(2) Any such amendment shall take effect as at the date of the order, warrant, record, or other document so amended; but no such amendment shall take away or affect any right or title acquired in good faith and for value before the making of the amendment.

(3) This section shall extend and apply to all such orders, warrants, records, and other documents as aforesaid whether made before or after the commencement of this Act.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The Land Appellate Court or the Chief Judge may exercise the powers of amending the records, etc, of that Court conferred by this section; see s. 35 (3) of the Cook Islands Amendment Act 1946.

390. Rehearing - (1) On the application of any person interested, [the Land Court] may, if it thinks fit, grant a rehearing of any matter either wholly or as to any part thereof.

(2) On any such rehearing the Court may either affirm, vary, or annul its former determination, and may exercise any jurisdiction which it might have exercised on the original hearing.

(3) Any such rehearing may be granted on such terms as to costs and otherwise as the Court thinks fit.

(4) No order shall be so varied or annulled at any time after the signing and sealing thereof.

In subs.. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

[390A. Amendment of orders after title ascertained - (1) Where through any mistake, error, or omission whether of fact or of law however arising, and whether of the party applying-to amend or not, [[the Land Court]] or [[the Land Appellate Court]] by its order has in effect done or left undone something which it did not actually intend to do or leave undone, or something which it would not but for that mistake, error, or omission have done or left undone, or where [[the Land Court]] or [[ the Land Appellate Court]] has decided any point of law erroneously, the Chief Judge may, upon the application in writing of any person alleging that he is affected by the mistake, error, omission, or erroneous decision in point of law, make such order in the matter for the purpose of remedying the same or the effect of the same respectively as the nature of the case may require; and for any such purpose may, if he deems it necessary or expedient, amend, vary, or cancel any order made by [[the Land Court]] or [[the Land Appellate Court]], or revoke any decision or intended decision of either of those Courts.

(2) Any order made by the Chief Judge upon any such proceedings amending, varying, or cancelling any prior order shall be subject to appeal in the same, manner as any final order of [[the Land Court]] but there shall be no appeal against the refusal to make any such order.

(3) The Chief Judge may refer any such application to [[the Land Court]] for inquiry and report, and he may act upon that report or otherwise deal with the application without holding formal sittings or hearing the parties in open Court.

(4) The Chief Judge may require any applicant to deposit such sum of money within such time as he thinks fit as security for costs, and, unless that deposit is so made, may summarily dismiss the application. The Chief Judge shall have power to allow costs to any person opposing the application.

(5) Any order of amendment, variation, or cancellation shall take effect (subject to appeal) as from the making thereof; but no such amendment, variation, or cancellation of any order made by the Chief Judge hereunder shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation executed before the making of the order of amendment, variation, or cancellation, but the instrument may be perfected and confirmed as if no such order had been made by the Chief Judge. Any such alienation shall thereafter enure for the benefit of the person eventually found by the Chief Judge's order to be entitled to the share or interest affected, and all unpaid or accruing purchase money, rent, royalties, or other proceeds of the alienation, as well as any compensation payable, shall be recoverable accordingly. Any bona fide payment made in faith of the order amended, varied, or cancelled shall not be deemed to be invalid because the order was so amended, varied, or cancelled.

(6) Where an application has been lodged under this section, [[the Land Court]] may, for the purpose of protecting the property in dispute, grant an order prohibiting dealings with the share or interest affected by the application pending the result of the application, and any dealings in contravention of the order shall be deemed to be void:

Provided that nothing in this subsection shall prevent the confirmation or registration of an alienation effected by an instrument executed before the granting of the order.

(7) All consequential amendments required to be made by reason of the Chief Judge's order in any order, record, or document made, issued, or kept by [[the Land Court]] may be made by any Judge of the Court.

(8) This section shall extend and apply (with the exception hereinafter mentioned) to orders, whether made before or after the commencement of this section, save that in all cases where an order is dated more than 5 years previously to the receipt of the application under this section the Chief Judge shall first obtain the consent of [[the High Commissioner]] before making any order hereunder. The Chief Judge shall nevertheless have full power without that consent to dismiss any such application or to refer it to [[the Land Court ]] for inquiry and report.

(9) The Chief Judge shall dismiss all applications (if any) which have already formed the subject of proceedings under section 32 of the Cook Islands Amendment Act 1946, unless [[the High Commissioners]] expressly consents to the Chief Judge exercising jurisdiction under this section in any such matter.

(10) This section shall not apply to any order made upon investigation of title or partition save with regard to the relative interests defined thereunder, but the provisions of this subsection shall not prevent the making of any necessary consequential amendments with regard to partition orders.]

In subs. (1) the references to the Land Appellate Court were substituted for references to the Native Appellate Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subss. (1), (2), (3), (6), (7), and (8) the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (8) the words in the first set of double square brackets were substituted for the words "the Governor-General in Council where the order relates to land situated in Niue, and the consent of the High Commissioner, where the order relates to any other land" (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (9) the words in double square brackets were substituted for the words "the Governor-General in Council where the application relates to land situated in Niue, or the High Commissioner, where the application relates to any other land" (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

391. Annulment of orders obtained by fraud - [The Land Court] may at any time annul any order obtained by fraud.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

392. Enforcement of orders of Land Court by High Court - (1) For the purpose of enforcing any order of [the Land Court] for the payment of any debt, damages, fine, costs, or other sum of money, a Judge of that Court may transmit a copy of the order under the seal of the Court to a Registrar of the High Court, and the same shall thereupon be filed as of record in the High Court.

(2) On the filing of such copy the order shall, so long as it remains in force, be deemed for the purpose of the enforcement thereof to be a judgment of the High Court in an action for the recovery of a debt, and may be enforced in accordance with the practice of that Court by execution or otherwise.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The provisions of this section extend and apply to the Land Appellate Court; see s. 37 (1) of the Cook Islands Amendment Act 1956.

393. Enforcement of charges - (1) When any charge is imposed either by this Act or by [the Land Court] upon any Native land or upon any interest therein, that Court may at any time for the purpose of enforcing that charge appoint a receiver in respect of the property so charged.

(2) A receiver so appointed shall be entitled, unless the Court otherwise orders, to the possession of such property and to the receipt of the rents and profits thereof, and may with the leave of the Court in the name of the owners, and without the necessity of confirmation, grant leases of any freehold land so charged for such terms, on such conditions, and for such rent as he thinks fit.

(3) Any person who obstructs any such receiver in the execution of his office shall be guilty of contempt of [the Land Court].

In subss. (1) and (3) the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The provisions of this section extend and apply to the Land Appellate Court; see s 37 (2) of the Cook Islands Amendment Act 1946.

395. Partition orders - No application for the partition of any Native land shall be heard or determined by the Court until all previous freehold or partition orders made with respect to the same land have been duly drawn up, sealed, and signed.

396. Orders in respect of deceased persons - No order of [the Land Court] shall be invalid because made in favour or otherwise in respect of a person who is dead at the date of that order, and in any such case the order may at any time be amended by the Court so as to conform to the facts of the case as existing at the date of the order, and any such amendment shall take effect as from the date of the order amended.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The provisions of this section and of ss.397 and 399 apply to the Land Appellate Court; see s. 31 (4) of the Cook Islands Amendment Act 1946.

397. Orders bind all persons interested - Every order of [the Land Court] determining or affecting the title to Native land or to any interest therein shall bind all persons having any interest in that land, whether or not they are parties to or have notice of the proceeding in which the order is made, and whether or not they are subject to any disability.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

399. Validity of orders - (l) No order of [the Land Court] shall be invalid because of any error, irregularity, or defect in the form thereof or in the practice or procedure of the Court, even though by reason of that error, irregularity, or defect the order was made without or in excess of jurisdiction.

(2) Nothing in the foregoing provisions of this section shall apply to any order which in its nature or substance and independently of its form or of the practice or procedure of the Court was made without or in excess of jurisdiction.

(3) Every order made by [the Land Court] shall be presumed in all Courts and in all proceedings to have been made within the jurisdiction of the Court, unless the contrary is proved or appears on the face of the order.

In subss. (1) and (3) the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.
See the note to s. 396 of this Act.

400. Contempt of Court defined - Every person is guilty of contempt of [the Land Court] who-

(a) Disobeys any order of that Court or of a Judge thereof, otherwise than by making default in the payment of any sum of money payable under such an order; or

(b) Uses any abusive, insulting, offensive, or threatening words or behaviour in the presence or hearing of the Court; or

(c) Assaults, resists, or obstructs, or incites any other person to assault, resist, or obstruct, any constable or officer of the Court in serving any process of the Court or in executing any warrant or order of the Court or of a Judge thereof; or

(d) By any words or behaviour in the presence or hearing of the Court obstructs in any manner the proper and orderly administration of justice in the Court; or

(e) Does any other thing which elsewhere in this Act or in any other Act [ (whether an Act of the Legislative Assembly or of the Parliament of New Zealand)] is declared to be a contempt of [the Land Court];or

(f) Aids, abets, counsels, procures, or incites any other person to commit contempt of the said Court.

The references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In para. (e) the words in the first set of square brackets were inserted by s. 3 (1) of the Cook Islands Amendment Act 1965.

The provisions of this section and ss. 401-408 extend and apply to the Land Appellate Court; see s. 36 (2) of the Cook Islands Amendment Act 1946.

401. Penalty for contempt - Every person who commits contempt of [the Land Court] shall be liable to a fine not exceeding [$100] or to imprisonment for any term not exceeding 6 months.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

402. Jurisdiction in contempt - The offence of contempt of [the Land Court] shall be punishable either-

(b) By [the Land Court] in accordance with the provisions hereinafter contained.

The references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

403. Contempt in face of the Court - (1) If the contempt is committed in the presence or hearing of [the Land Court], any Judge then and there sitting in that Court may without order or warrant direct any constable, officer of the Court, or other person to arrest the person so guilty of contempt, and to bring him before the Court.

(2) The Court may thereupon, after giving the person so arrested a reasonable opportunity of being heard in his defence, either order him to pay a fine not exceeding [$100] or, by warrant under the seal of the Court, commit him to prison for any period not exceeding 6 months.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.
See the note to s. 400 of this Act.

404. Arrest on warrant - If contempt of [the Land Court] is committed otherwise than in the sight or hearing of the Court, any Judge of that Court may issue his warrant for the arrest of the offender or may summon him to appear before the Court.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

405. Conviction by Land Court - On the appearance of the offender before [the Land Court] the Court may, after giving him a reasonable opportunity to be heard in his defence, either order him to pay a fine not exceeding [$100] or by warrant under the seal of the Court commit him to prison for any term not exceeding 6 months.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

406. Enforcement of fine - If a fine imposed by [the Land Court] for contempt under the foregoing provisions is not paid, the Court may, by warrant under its seal, commit the offender to prison for any period not exceeding 6 months.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

407. Discharge of persons in contempt - Any person so committed to prison for contempt or for default in payment of a fine may be at any time discharged, and any fine so imposed may be at any time remitted in whole or in part, either by order of [the Land Court] or by warrant under the hand of [the High Commissioner].

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The words in the second set of square brackets were substituted for the words "a Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.
See the note to s. 400 of this Act.

408. Jurisdiction in contempt may be exercised at any time or place - Notwithstanding anything in this Act, the jurisdiction hereby conferred upon [the Land Court] in respect of contempt of Court may be exercised by any Judge of that Court sitting at any time and place which he thinks fit.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964

409. Miscellaneous jurisdiction of Land Court - In addition to the jurisdiction elsewhere conferred upon [the Land Court] by this Act, that Court shall have jurisdiction-

(a) To hear and determine as between Natives [or the descendants of Natives] any claim to the ownership or possession of Native freehold land, or to any right, title, estate, or interest in such land or in the proceeds of any alienation thereof:

(b) To determine the relative interests of the owners in common of Native freehold land, whether any of those owners are Natives or Europeans:

(c) To hear and determine as between Natives [or the descendants of Natives] any claim to recover damages for trespass or any other injury to Native freehold land:

(d) To grant an injunction against [any person] in respect of actual or threatened trespass or other injury to Native freehold land:

(e) To grant an injunction prohibiting any person from dealing with or doing any injury to any property which is the subject-matter of any application to the Court:

[(f) To hear and determine any question as to the right of any person to hold office as an Ariki or other Native chief of any island.]

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In paras. (a) and (c) the words "or the descendants of Natives" were inserted, and in para. (d) the words "any person" were substituted for the words "any Native" by s. 11 (3) of the Cook Islands Amendment Act 1950.

[409A. Access to Native land - (1) Notwithstanding anything expressed or implied in any order pertaining to the ownership of Native land, [[the Land Court]] may by order, at any time and without the consent of any person being required, lay out a right of way over any Native land (whether the title thereto has been investigated or not) for the purpose of providing access to any other Native land in accordance with the provisions of this section.

(2) Any such order may be made for the purpose of providing additional or improved access to any Native land in respect of which rights of access exist at the time of the making of the order.

(3) For the purpose of providing access to any Native land, rights of way may, subject to consents being given as hereinafter specified, be laid out -

(a) Over any European land with the consent in writing of the owner and of every other person having any estate or interest therein; or

(b) Over any Crown land, with the consent in writing of the [[High Commissioner]] and of every person having any estate or interest therein.

(4) Any such order may be a separate order or may be incorporated in any other appropriate order of [[the Land Court]].

(5) Every such order shall have endorsed thereon a plan of the land laid out as a right of way or shall describe that land in a manner sufficient to enable an accurate survey to be
made of it, and shall define or limit the persons or classes of persons entitled to the use thereof.

(6) The laying out of a right of way under any such order shall, subject to any limitation contained in the order, confer upon the persons entitled to the use thereof the same rights of user as if it were a public road.

(7) In any such order laying out a right of way or any variation of that order [[the Land Court]] may impose conditions as to the formation or fencing of the right of way or as to any other matter that it thinks fit, and may suspend or limit the right to use the right of way until those conditions have been complied with.

(8) The laying out of a right of way over any land shall not affect the ownership of the land comprised therein, or its description as Native land, or Crown land, or European land, as the case may be.

(9) [[ The Land Court]], may, on the making of an order laying out a right of way, determine the amount of compensation (if any) payable in respect thereof, and shall, if it considers that any compensation should be paid, determine the person or persons by whom the same shall be payable, and the person or persons to whom or for whose benefit the same shall be paid:

Provided that no person shall be entitled to compensation in respect of any right of way, if the Court is satisfied that he has consented to the laying out of that right of way and has agreed that he shall not be entitled to any compensation in respect thereof.

(10) Where any right of way has been laid out or constituted by [[the Land Court]], whether by order pursuant to the provisions of this section or by any other order or determination, and the Court is satisfied that the right of way is no longer necessary or that the conditions in respect thereof or any of them should be varied or cancelled, the Court may, on application, vary or cancel that order or determination in so far as it relates to the right of way.

(11) No right of way over European land or Crown land shall be varied under the provisions of subsection (10) of this section, save with the consent of the persons whose consent is required under the provisions of subsection (3) of this section.

(12) On the variation or cancellation pursuant to subsection (10) of this section of any order in relation to a right of way, [[the Land Court]] may make such incidental provisions in relation to compensation or any other matters as it considers equitable between the owners of the land comprised in the right of way and any other persons.

(13) The provisions of subsections (5) and (6) of section 359 of this Act shall apply with respect to any compensation payable pursuant to this section.]

In subss. (1), (4), (7), (9), (10), and (12) the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (3) (b) the words in double square brackets were substituted for the words "Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

410. High Commissioner may confer jurisdiction on Land Court - (1) In addition to the jurisdiction elsewhere in this Act conferred upon [the Land Court] the [High Commissioner] may confer upon that Court, as effectually as if the same was conferred by this Act, jurisdiction in any matter or question affecting exclusively the rights of Natives in any real or personal property [or of the descendants of Natives in any Native land], and thereupon the Court shall have full jurisdiction to determine that matter or question according to law.

(2) Any order of the Court in any such matter or question shall be valid and binding in law, and may be dealt with as nearly as may be in the same manner as an order or determination of a similar nature made by the Court in the exercise of the jurisdiction conferred upon it by this Act.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (1) the words in the second set of square brackets were substituted for the words "Governor-General where the property is situated in Niue, and the High Commissioner, in the case of any other property” (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s.2 (1) of the Cook Islands Amendment Act 1966.

In subs. (1) the words in the third set of square brackets were inserted by s. 11 (3) of the Cook Islands Amendment 1950.

411. Land Court may order surveys - (1) In any proceeding before [the Land Court] with respect to Native land the Court or a Judge thereof may authorise a survey thereof to be made by any proper person.

(2) Every survey so authorised shall be made at the cost of the Crown, but the cost thereof as determined by the Court, be charged upon the land surveyed, and shall be revocable by the Crown accordingly in the same manner as in the case of other costs of legal proceedings charged upon Native Land.

(3) All survey liens or charges existing at the commencement of this Act under the corresponding provisions of any other Act, Ordinance, regulation, or law, whether in favour of the Crown or otherwise, shall be deemed to have been constituted under this section, and shall be enforceable accordingly either by the Crown or by any person entitled to the benefit thereof, as the case may be.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

The provisions of this section and of s. 412 extend and apply to the Land Appellate Court; see s. 38 of the Cook Islands Amendment Act 1946.

412. Entry for purpose of survey - (1) Any surveyors or other person so authorised to make a survey of Native land may, without further leave or licence, enter upon that land together with such assistants and other persons as he thinks fit to employ in that behalf, and may there do all things necessary to be done to enable him to carry out the survey so authorised.

(2) Any person who wilfully obstructs or threatens or attempts to obstruct any person in the execution of any survey so authorised, or who removes or destroys any pegs, marks, or other indications used in respect of any such survey, shall be guilty of contempt of [the Land Court] and shall be punishable accordingly.

In subs. (2) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57(4) of the Cook Islands Amendment Act 1964.
See the note to s. 411 of this Act.

413. Pending proceedings may be continued - All proceedings pending in the Cook Islands Land Titles Court at the commencement of this Act may be continued and completed under the corresponding provisions (if any) of this Act, and every order made therein after the commencement of this Act shall be made under and in pursuance of this Act and shall have effect accordingly.

414. Operation of orders heretofore made - All orders made by the Cook Islands Land Titles Court and in force at the commencement of this Act shall continue in full force and effect.

415. Drawing up of orders heretofore made - Any order made by the Cook Islands Land Titles Court which has not been drawn up, signed, and sealed before the commencement of this Act may be drawn up, signed, and sealed by any Judge of [the Land Courts], and shall take effect as from the making thereof.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

416. Validation of former orders - (1) When any question arises as to the validity of any order made by the Cook Islands Land Titles Court before the commencement of this Act, and [the Land Court] is satisfied that having regard to equity and good conscience such order ought to be validated, [the Land Court] may by order validate the same accordingly.

(2) No such validating order shall be of any force or effect until drawn up, signed, and sealed.

(3) No such order shall be signed or sealed until and unless it has been assented to by the Attorney-General in writing.

(4) Every such order shall take effect as from the date of the order validated thereby.

In subs. (1) the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

[417. Declaring land to be free from customary title - When the High Commissioner is satisfied that any land vested in Her Majesty is free from the Native customary title, whether because it has never been subject thereto or because that title has been extinguished, he may, by warrant, declare the land to be Crown land free from Native customary title, and that warrant shall, so long as it remains in force, be conclusive proof of the fact so declared.]

This section was substituted for the original s. 417 (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

418. Validity of dispositions of land by the Crown - No Crown grant, Crown lease, or other alienation or disposition of land by the Crown, whether before or after the commencement of this Act, shall in any Court or in any proceedings be questioned or invalidated or in any manner affected by reason of the fact that the Native customary title to that land has not been duly extinguished.

419. Native customary title limited by high-water mark - (1) Native customary title, whether already judicially investigated or not, shall not extend or be deemed to have extended to any land below the line of high-water mark, and all such land, except so far as it may have been granted by the Crown in fee simple before the commencement of this Act, is hereby declared to be Crown land.

[(2) For the purposes of this section and of section 428 of this Act, the term "high-water mark" means the line of medium high tide between the spring and neap tides.]

420. For certain purposes customary land to be deemed Crown land - (1) For the purpose of recovering possession of customary land from any person in wrongful occupation thereof, and for the purpose of preventing any trespass or other injury thereto, or for recovering damages for any such trespass or injury, all such land shall be deemed to be Crown land.

(2) No action or other proceeding other than a proceeding by or on behalf of the Crown under the last preceding subsection shall be brought in any Court by any person for recovery of the possession of customary land, or for damages or an injunction in respect of any trespass or injury to such land.

(3) Nothing in this section shall be so construed as to take away or affect any jurisdiction conferred upon [the Land Court] by this Act.

In subs. (3) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

421. Investigation of title to customary land - (1) [The Land Court] shall have exclusive jurisdiction to investigate the title to customary land and to determine the relative interests of the owners thereof.

(2) Nothing in this section shall preclude [the Land Appellate Court] from determining in any appropriate proceeding otherwise within the jurisdiction of that Court the question whether any land is customary land or not.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (2) the words in square brackets (the reference to the Land Appellate Court having since been substituted for a reference to the Native Appellate Court by s. 57 (4) of the Cook Island Amendment Act 1964) were substituted for the words "the High Court or any other Court” by s.49 of the Cook Islands Amendment Act 1946

422. Native customs to be recognised - Every title to and interest in customary land shall be determined according to the ancient custom and usage of the Natives of the Cook Islands.

423. Freehold orders - On any such investigation and determination [the Land Court] may make an order (in this Act called a freehold order) defining the area so dealt with, naming the persons found entitled thereto, and specifying their relative interests in the land.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

424. Effect of freehold orders - Every freehold order shall on the sealing thereof have the effect of vesting the land therein comprised in the persons therein named as entitled thereto for a legal estate in fee simple in possession in the same manner as if the land had been then granted to those persons by the Crown; and the land shall be deemed to have been so granted accordingly, and shall thereupon cease to be customary land and shall become Native freehold land.

425. Tenancy in common - When 2 or more persons are named in any freehold order as entitled to land they shall hold the same as tenants in common in the shares expressed in the order.

426. Ariki land - (1) When by Native custom any land belongs to an Ariki or other Native chief by virtue of his office [the Land Court] in making a freehold order in respect of that land may in such order declare accordingly, and the land shall vest in fee simple in such Ariki or Native chief and his successors in office in the same manner as if they were a corporation sole.

(2) For the purposes of this section tenure of office as an Ariki or Native chief in any island shall be determined by any...enactment in force in that island with respect thereto, and in default of any such enactment, then by Native custom.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (2) the words "Ordinance or other'' were omitted by s. 3 (1) of the Cook Islands Amendment Act 1965.

As to jurisdiction to determine any question as to the right to hold office as an Ariki or other Native chief of any island, see s. 409 (f) of this Act.

427. Freehold orders in favour of persons deceased - If any person named as an owner in any freehold order is dead before the sealing of the order, the order shall enure for the benefit of such person or persons as may be entitled in accordance with Native custom to succeed to the interest of the deceased; and a succession order may be made in favour of any such person accordingly in the same manner and with the same effect as if the deceased had died intestate after the sealing of the freehold order.

428. Land the title to which has been heretofore investigated declared to be freehold land - (1) All Native land the title to which has been judicially investigated before the commencement of this Act, and which is held under any order or instrument of title made or issued by the Cook Islands Land Titles Court, is hereby declared to be Native freehold land vested for a legal estate in fee simple in the persons declared by that order or instrument of title to be the owners thereof or in their successors in title in the same manner as if a freehold order had been made under this Act, but subject to all rights, titles, estates, or interests lawfully vested in any other person.

(2) When 2 or more such owners are so entitled in fee simple to any land they shall hold the same as tenants in common and in the same shares in which they own the same at the commencement of this Act.

(3) Nothing in this section shall extend to lands below the line of high-water mark.

429. Jurisdiction to partition Native land - (1) [The Land Court] shall have exclusive jurisdiction to partition Native freehold land.

(2) Such jurisdiction shall be discretionary, and the Court may refuse to exercise the same in any case in which it is of opinion that partition would be inexpedient in the public interest or in the interests of the owners or other persons interested in the land.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

430. Partition orders - (1) Native freehold land may be partitioned by the making of partition orders.

(2) Each such order shall constitute without any conveyance or other instrument of assurance the title to the parcel of land therein included.

431. Apportionment of encumbrances on partition - When a partition order is made the Court may, in that order or in any subsequent order, apportion between the several parcels into which the land has been partitioned all rights, obligations, or liabilities arising from any lease, licence, charge, or other encumbrance to which the land is subject at the date of the partition thereof; and any such order shall have effect according to its tenor in the same manner in all respects as if all necessary conveyances, assignments, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned.

432. Mode of partition - The Court may partition land either into parcels held by single owners in severalty or into parcels held by any number of owners or tenants in common in such shares as may be expressed in the partition order, or may partition the land partly in one manner and partly in the other.

433. Land to be partitioned into suitable areas - It shall be the duty of the Court so to exercise its jurisdiction in the matter of partition as to avoid, so far, as practicable, the sub-division of any land into areas which because of their smallness or their configuration or for any other reason are unsuitable for separate ownership or occupation.

434. Combination of several areas of land for purpose of partition - When the whole or any of the owners in common of one area of land are also the whole or any of the owners in common of any other area or areas of land the Court may, for the purpose of partition as between those owners, treat those several areas as a single area owned by them in common and make an order or orders of partition thereof accordingly.

435. Payments by way of equality of partition - (1) When by reason of the smallness of the undivided shares or for any other reason the Court is of opinion that it is inexpedient or impracticable to partition any area in exact accordance with the respective shares of the owners, the Court may, in partitioning that area, allot to any owner a parcel greater in value than that to which he is otherwise entitled, and may allot to any other owner a parcel proportionately less than that to which he is otherwise entitled.

(2) The value of the parcel so allotted to any owner shall in no case be less than two-thirds of the full value to which he is otherwise entitled.

(3) The deficiency in the value of any such parcel she determined by the Court, and shall be stated in the partition orders, and shall be expressly constituted by those orders a charge upon the parcel which possesses the corresponding excess of value.

436. Trustees on partition - The trustee for a Native [or descendant of a Native] under disability of an interest in land partitioned shall continue to be trustee for that Native [or descendant of a Native] of any interest to which that Native [or descendant of a Native] is entitled under the partition order.

The words in square brackets were inserted by s.11 (3) of the Cook Islands Amendment Act 1950.

437. Encumbrances or undivided interests on partition - When an undivided share owned by any person in Native land is subject to any right or interest vested in any other person, that right or interest shall attach to and affect any parcel which on a partition of the land is allocated to the owner of that undivided share.

438. Jurisdiction to effect exchange of Native land - ( 1) An alienation of Native freehold land by way of exchange may be effected by [the Land Court] by means of an order of exchange in accordance with the provisions hereinafter contained.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

439. Exchange of freehold interests only - Any freehold interest in Native freehold land may be so exchanged for a freehold interest in any other Native freehold land or in European or Crown land.

440. Conditions of exchange - The Court shall not make an order of exchange unless satisfied as to the following matters:

(a) That the exchange is not contrary to the interests of the owners ...affected thereby:

(c) That where the interests so exchanged are unequal in value a sufficient sum of money by way of equality of exchange has been actually paid, or sufficient security for the payment thereof has been given or obtained, whether by way of a charge under the provisions hereinafter contained or otherwise:

(d) That all Natives and other persons in whom any interest so to be exchanged is vested consent to the exchange.

In para. (a) the word "Native" was omitted by s. 11 (3) of the Cook Islands Amendment Act 1950.

[441. Exchange for Crown land - The consent of Her Majesty to any such exchange of Drown land may be given by the High Commissioner.]

This section was substituted for the original s. 441 (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

442. Effect of order of exchange – An order of exchange shall operate according to its tenor to transfer and vest the respective interests expressed to be thereby exchanged in the same manner as if all necessary instruments of assurance had been lawfully executed by and between all persons interested, and as if they had all been fully competent in that behalf.

443. Payment for equality of exchange - When any money is payable by any person by way of equality of exchange in pursuance of an order of exchange the Court may, in and by the order of exchange or by a separate charging order, constitute that money a charge upon any interest owned by that person in any Native land, and the money so charged shall be payable in accordance with the tenor of the order.

444. Land obtained in exchanges becomes Native land - When any Crown land or European land becomes vested in a Native [or descendant of a Native] by an order of exchange such land shall thereupon become Native freehold land.

The words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

445. Wills of Natives - (1) No will made by a Native [or descendant of a Native] shall have any force or effect with respect to his interest in Native land.

[(2) No will made by a Native shall be valid unless one of the attesting witnesses thereof is-

(a) A Judge of the High Court, a Judge of [[the Land Court]], a Solicitor of the Supreme Court of New Zealand, a Justice of the Peace of the Cook Islands other than Niue, a Justice of the Peace for Niue, a Resident Agent or any person for the time being exercising the functions of a Resident Agent, a Registrar of the High Court, or a Registrar of [[the Land Court]]; or

(b) In the case of a will executed in the Island of Rakahanga, the Island of Mitiaro, the Island of Palmerston, the Island of Manuae, or the Island of Nassau, one of the persons referred to in paragraph (a) of this subsection or an employee of the Cook Islands Public Service as defined in section 6 of the Cook Islands Amendment Act 1957.]

(3) Every [person referred to in subsection (2) of this section] so attesting the will of a Native shall, before attesting the same, satisfy himself that the testator understands the effect thereof, and shall certify on the will that he believes the testator to understand the effect thereof; but no will shall be invalidated or be deemed to be informally attested by reason of any breach of the provisions of this subsection.

(4) Notwithstanding anything in the 2 last preceding subsections, a will may be executed by a Native in any place out of the Cook Islands in the same manner as if he was a European.

In subs. (1) the words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

Subs. (2) was substituted for the original subs. (2) (as amended by s. 9 (a) of the Cook Islands Amendment Act 1956) by s. 11 (1) of the Cook Islands Amendment Act 1962.

In subs. (2) (a) the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (3) the words in square brackets were substituted for the words "such Resident Agent or officer" (as amended by s. 9 (b) of the Cook Islands Amendment Act 1956) by s. 11 (2) of the Cook Islands Amendment Act 1962.

446. Succession to deceased Natives - The persons entitled on the death of a Native to succeed to his real estate, and to his personal estate so far as not disposed of by his will, [and the persons entitled on the death of a descendant of a Native to succeed to his interest in Native freehold land,] and the shares in which they are so entitled, shall be determined in accordance with Native custom, so far as such custom extends; and shall be determined, so far as there is no Native custom applicable to the case, in the same manner as if the deceased was a European.

The words in square brackets were inserted by s.11 (3) of the Cook Islands Amendment Act 1950.

As to succession to an interest under a vesting order, see s.26 of the Cook Islands Amendment Act 1960.

447. Native land not to vest in administrators - The interest of a Native [or descendant of a Native] in Native land shall in no case vest in his administrator by virtue of letters of administration, but shall in every case vest, on the death of that Native [or descendant of a Native], in the person or persons entitled to succeed thereto, and if there is more than one such person, then as tenants in common in the shares in which they are so entitled.

The words in both sets of square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

448. Succession orders - On the death of a Native [or descendant of a Native] leaving any interest in Native freehold land [the Land Court] shall have exclusive jurisdiction to determine the right of any person to succeed to that interest, and may make in favour of every person so found to be entitled (hereinafter called a successor) an order (hereinafter called a succession order) defining the interest to which he is so entitled.

The words in the first set of square brackets were inserted by s.11 (3) of the Cook Islands Amendment Act 1950.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

449. Effect of succession order - A succession order shall, while it remains in force, be conclusive proof of the title of the successor therein named to succeed to the interest therein named if and so far as such interest formed part of the estate of the deceased.

450. Revocation of succession orders - A succession order made in error may be at any time revoked by [the Land Court], but no such revocation shall affect any interest theretofore acquired in good faith and for value by any person claiming through the successor nominated by the order so revoked.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

451. No action without succession order - No successor shall be capable of instituting in any Court, other than [the Land Court], any action or other proceeding relating to his interest as such successor until and unless a succession order has been made in his favour.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

452. No alienation without succession order - No successor shall be capable of making any alienation or disposition of the interest acquired by him as successor (other than an alienation or disposition by will in the case of a European ) until and unless a succession order has been made in his favour.

453. Native land not assets for payment of debts - The interest of a Native [or descendant of a Native] in Native freehold land and the interest of any person in customary land shall not upon his death be assets available for the payment of his debts and liabilities, whether to the Crown or otherwise; but this section shall not affect the operation of any charge to which that land is subject at the death of the deceased.

The words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

454. Estate of Native other than land to be assets fair payment of debts - The estate of a Native (other than his interest in Native land) shall upon his death be assets for the payment of his debts and liabilities in the same manner and to the same extent as if he had been a European.

455. Interest in Native land to include all things growing on or attached to land - For the purposes of this Act the interest of any person in Native land shall be deemed to include his interest in all timber and other things growing on the land (including industrial crops) and in all things which are so attached to the land as to form part thereof as between the heir and the executor of a deceased freeholder at common law.

456. Adoption by Native custom invalid - No adoption by Native custom, whether made before or after the commencement of this Act, shall be of any force or effect whether in respect of intestate succession or otherwise.

As to adoptions before 1 April 1916, see ss. 8 and 9 of the Cook Islands Amendment Act 1921.

457. Validity of adoption heretofore registered - Any adoption lawfully made and registered in the Cook Islands Land Titles Court before and subsisting at the commencement of this Act shall, as from the commencement of this Act, have the same force and effect as if lawfully made by an order of adoption under this Part of this Act.

458. Orders of adoption - [The Land Court] shall have jurisdiction to make an order (hereinafter called an order of adoption) for the adoption of a child by a Native.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Island Amendment Act 1964.

As to orders where the Court is satisfied that the child had already been adopted by Native custom before 5 December 1921, see s.9 of the Cook Islands Amendment Act 1921.

459. Applications for adoption - (1) No such order shall be made except on the application of the adopting parent.

(2) Any such application may be made jointly by a husband and wife, and in such case the order of adoption may be made in favour of both or either of the applicants.

460. Who may be adopted - No person other than a Native or the descendent of a Native (whether legitimate or illegitimate) shall be capable of being adopted by a Native.

461. Conditions of adoption - (1) No order of adoption shall be made unless the Court is satisfied-

(b) That the adopting parent (if unmarried) is at least 30 years older than the child:

(d) That the adopting parent is a fit and proper person to have the care and custody of the child and of sufficient ability to maintain the child, and that the adoption will not be contrary to the welfare and interests of the child.

(2) This subsection was added by s. 91 (1) of the Cook Islands Amendment Act 1957 and repealed by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (1) (a) the words in square brackets were substituted for the words "fifteen years" by s. 15 (a) of the Cook Islands Amendment Act 1963.

As to orders where the Court is satisfied that the child had already been adopted by Native custom before 5 December 1921, see s. 9 of the Cook Islands Amendment Act 1921, which excludes paras. (a) and (b) of subs (1) of this section.

462. Consent of natural parents required - No order of adoption shall be made without the consent of the parents or of the surviving parent (if any) of the child, whether that child is legitimate or illegitimate, save that no such consent shall be required in the case of any parent as to whom the Court is satisfied that he has deserted the child, or that is for any reason unfit to have the custody and care of the child.

463. Adoptions by more than one person - No child adopted by any adopting parent shall in the lifetime of that parent and while the order of adoption remains in force be adopted by any other person save the husband or wife of that parent.

464. Annulment of orders of adoption - An adoption made under this Part of this Act and an adoption lawfully made registered in the Cook Islands Land Titles Court before the commencement of this Act may at any time be annulled by [the Land Court] on any ground which the Court thinks sufficient, on the application of the adopting parent or of the adopted child.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

465. Effect of adoption - An order of adoption shall have in respect of succession to the estate of any Native the same operation and effect as that which is attributed by Native custom to adoption by native custom.

[465A. Effect of orders of adoption on interests in Native land - No order of adoption, other than an order made under this Part of this Act or under section 9 of the Cook IslandAmendment Act 1921 [[ or under Part XXA of this Act]] shall have any force or effect in respect of succession to any interest in Native land.]

The words in double square brackets were inserted by s.15 (c) of the Cook Islands Amendment Act 1963.

466. Removal of restrictions on alienation - (1) All prohibitions or restrictions on the alienation of land by a Native or on the alienation of Native land which before the commencement of this Act have been imposed by any enactment or by any order of any Court or by any instrument of title are hereby removed, and shall with respect to any alienation made after the commencement of this Act be of no force or effect.

(2) Subject to the provisions of this Act, a Native [or descendant of a Native] may alienate or dispose of any land or of any interest therein in the same manner as a European, and Native land or any interest therein may be alienated or disposed of in the same manner as if it was European land.

In subs. (2) the words in square brackets were inserted by s.11 of the Cook Islands Amendment Act 1950.

As to the enforcement of charges, see s.18 (3) of the Cook Islands Amendment Act 1960.

As to leases for public or church purposes, see s.13 of the Cook Islands Amendment Act 1945.

As to occupation of land by Natives, see s.50 of the Cook Islands Amendment Act 1946.

467. Alienation of customary land prohibited - No person shall be capable of making, whether by will or otherwise, and whether in favour of a Native or of a European or of the Crown, any alienation or disposition of customary land or of any interest therein.

468. Alienation in fee simple prohibited - No Native [or descendant of a Native] shall be capable of alienating (otherwise than to the Crown for public purposes) Native freehold land for an estate in fee simple or for any other freehold interest whether legal or equitable.

The words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

469. Alienation for a longer period than 60 years prohibited - (1) No Native [or descendant of a Native] shall be capable of alienating (otherwise than to the Crown) Native freehold land whether by way of lease, licence, easement, right of taking the profits thereof, or otherwise howsoever, for a longer term (including any term or terms of renewal to which the lessee, licensee, or other alienee may be entitled) than 60 years computed from the time when the alienation takes effect in possession according to the tenor thereof.

(2) Every such alienation shall be made so as to take effect in possession within one year from the date of the first execution of the instrument of alienation by any party thereto.

(3) Subject to the provisions of this section as to the maximum duration thereof, every such alienation may confer upon the lessee, licensee, or other alienee a right of renewal for one or more terms.

In subs. (1) the words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

470. Alienation by way of security prohibited - No Native [or descendant of a Native] shall be capable of alienating Native freehold land by way of mortgage, charge, or other form of security.

The words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

This section does not apply to any land that is subject to Part IV of the Cook Islands Amendment Act 1946; see s. 55 (11) of that Act.

As to alienation and assignment as security for advances, and as to charging orders, see ss. 13 (1) and 16 (1) of the Cook Islands Amendment Act 1960.

471. Alienation of things growing on or attached to land deemed an alienation of land - For the purposes of this Act a contract of sale of timber, minerals, crops, or other valuable things attached to or forming part of Native land, or being the produce thereof, shall be deemed to be an alienation of that land, unless the thing so sold or agreed to be sold has been severed from the land before the making of the contract, or is by the terms of the contract to be severed from the land within one year after the making of the contract.

As to alienation and assignment as security for advances, see s.13 (1) of the Cook Islands Amendment Act 1960.

472. Disposition of life interest to be deemed an alienation of land - When a life interest in Native freehold land or any other freehold interest less than the fee simple is vested in a Native [or descendant of a Native] an alienation or disposition of that interest by that Native [or descendant of a Native] shall be deemed to be an alienation of Native land by that Native [or descendant provisions of a Native], and all the provisions of this Act with respect to alienation of Native land shall apply accordingly.

The words in square brackets, in each of the three places where they occur, were inserted by s.11 (3) of the Cook Islands Amendment Act 1950.

473. Assignment of rents or profits prohibited - No Native [or descendant of a Native] shall be capable of making any assignment, charge, release, or other disposition (whether by way of anticipation or otherwise) of any rent or other money whatever which is or may become receivable by him in respect of his interest in any Native land or in respect of any alienation thereof, or of receiving or giving a discharge for any such rent or money more than one year in advance of the due date thereof.

The words in square brackets, were inserted by s.11 (3) of the Cook Islands Amendment Act 1950.

The provisions of this section apply to any money payable to a Native in respect of his share or interest in land cultivated by the Minister on behalf of the owners; s.55 (10) of the Cook Islands Amendment Act 1946.

As to alienation and assignment as security for advances, see s.13 (1) of the Cook Islands Amendment Act 1960.

474. Alienation by trustees of Native land - (1) All the provisions of this Part of this Act relating to alienations of Native land by a Native [or descendant of a Native] (including the requirement of confirmation) shall extend and apply to the alienation of Native land by a trustee (whether Native or European) appointed by [the Land Court] under this Act in respect of the estate of a person under disability.

(2) Notwithstanding anything in this section, the provisions of this Act as to the formalities of the execution of instruments of alienation shall not apply to instruments executed by European trustees, and every such instrument of alienation may be executed in the same manner as if the land was European land.

In subs. (1) the words in the first set of square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

475. Alienations must be in writing - (1) Every alienation of Native land by a Native [or descendant of a Native] shall be effected by an instrument in writing signed in duplicate by that Native [or descendant of a Native] and in conformity with the provisions of this section.

(2) The signature of the Native [or descendant of a Native] shall be attested by a Judge or Registrar of [the Land Court] or of the High Court [or by a Judge of [[the Land Appellate Court]] ] or by [the High Commissioner, a] Resident Agent, Collector of Customs, or Medical Officer [or by a Solicitor of the Supreme Court of New Zealand].

(3) The attesting witness shall at the same time certify in writing on the instrument that the effect of the instrument was explained to the Native [or descendant of a Native] before the execution thereof by him, and that the Native [or descendant of a Native] understood the effect thereof.

(4) Every such instrument shall describe the land affected thereby by reference to a plan endorsed or otherwise drawn on the instrument before the execution thereof by the Native [or descendant of a Native].

(5) No witness shall attest the signature of a Native [or descendant of a Native] to any such instrument unless the date on which the instrument is executed by that Native [or descendant of a Native] is stated in the instrument.

(6) Subject to the operation of a confirmation by [the Land Court] no alienation by a Native [or descendant of a Native] of any Native land shall have any validity or effect unless made in conformity with this section.

(7) No alienation of Native land by a Native [or descendant of a Native] by way of contract shall, unless that contract is inconformity with this section, be enforceable against that Native [or descendant of a Native] by reason of part performance or otherwise.

(8) Nothing in this section shall exclude the jurisdiction of the High Court, in any case in which an instrument of alienation has been confirmed by [the Land Court], to order the rectification of that instrument in accordance with the true intent of the parties in the same manner as if the instrument had been made between Europeans, and in such a case no further confirmation by [the Land Court] shall be required.

In subss. (1)-(7) the words “ or descendant of a Native "were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

In subs. (2) the references to the Native Land Court and Appellate Court were substituted for references to the Native Land Court and the Native Appellate Court by s.57 (4) of the Cook Islands Amendment Act 1964.

In subs.(2) the words in the third set of single square brackets (as now amended by s.57 (4) of the Cook Islands Amendment Act 1964) were inserted by s.51 of the Cook Islands Amendment Act 1964.

In subs. (2) the words in the fourth set of single square brackets were substituted for the words "the High Commissioner, a Resident Commissioner, a” (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s.2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) the words in the fifth set of square brackets were added by s. 11 of the Cook Islands Amendment Act 1956.

In subss. (6) and (8) the references to the Land Court were substituted for references to the Native Land Court by s.57(4) of the Cook Islands Amendment Act 1964.

476. Execution of instrument out of the Cook Islands - (1) Notwithstanding any of the requirements of this Act as to the execution of instruments of alienation of Native land by Natives [or descendants of Natives] ,a Native [or descendant of a Native] who at the time of the execution of any such instrument is out of the Cook Islands may execute that instrument by his attorney....

(2) The instrument shall be executed by the attorney in the same manner as if he was the attorney of a European.

(3) The power of attorney, if executed in the Cook Islands, shall be executed in the same manner as if it was an instrument of alienation of Native land; and if executed out of the Cook Islands shall be executed in the same manner as if the person executing the same was a European.

In subs. (1) the words in both sets of square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950, and the words "being a European" were omitted by s. 20 of the Cook Islands Amendment Act 1961.

[476A. Execution of renewals of leases - (1) Notwithstanding any of the requirements of this Act as to the execution of instruments of alienation of Native land by Natives or descendants of Natives, the lessee under any lease of Native land (whether granted before or after the commencement of this section) who claims that he is entitled to a renewal of his lease may apply to [[the Land Court]] for an order directing the Registrar of the Court to execute, as agent of the owners, an instrument of renewal in accordance with the terms of the lease, and, if the Court is satisfied that -

(b) It is likely to be unduly difficult for the lessee to obtain within a reasonable time the execution by all the owners of an instrument of renewal in accordance with the provisions of the lease,-

(2) On the making of an order under this section the Registrar shall have authority in accordance with the terms of the order to execute the renewal of the lease as if he were the duly appointed agent of the owners.

(3) Nothing in this section shall be construed to limit the authority of the High Court to make an order for specific performance or to grant a lessee any other relief in respect of the default of the owners to renew any lease.]

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

477. Confirmation necessary - No alienation of Native land by a Native [or descendant of a Native] shall have any force or effect until and unless it has been confirmed by [the Land Court].

The words in the first set of square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

478. Application for confirmation - (1) No such confirmation shall be granted unless application therefor is made by or on behalf of a party to the instrument of alienation within 6 months after the execution thereof by the Native [or descendant of a Native].

(2) When an instrument of alienation is executed at different times by different persons alienating, successive applications for confirmation may be made in respect of the successive executions of the instrument, and the instrument may be confirmed from time to time accordingly.

In subs. (1) the words in square brackets were added by s. 11 (3) of the Cook Islands Amendment Act 1950.

479. Orders of confirmation - (1) Confirmation shall be granted by an order of confirmation endorsed or otherwise written on each duplicate of the instrument of alienation, signed by a Judge of the Court, and sealed with the seal of the Court.

(2) One of such duplicates shall thereupon be retained as a record of the Court, and the other shall be delivered to the party entitled thereto.

(3) There shall be no appeal from any such order of confirmation or from any refusal thereof.

480. Effect of confirmation - On confirmation being so granted the instrument of alienation shall (if otherwise valid) take effect according to its tenor as from the date at which it would have taken effect if no such confirmation had been required.

481. Confirmation of inconsistent instruments - If confirmation is granted of 2 or more inconsistent instruments of alienation of the same land, the priority of those instruments as against each other shall depend upon the respective dates of confirmation, and not upon the dates of the execution of the instruments.

482. Conditions of confirmation - Subject to the provisions of this section, the confirmation of an alienation shall be in the discretion of the Court.

(2) No alienation shall be confirmed unless the Court is satisfied as to the following matters:

(a) That the mode of execution of the instrument of alienation is in conformity this Act;

(b) That the alienation is not contrary to equity or good faith or to the interests of the [persons] alienating or to the public interest; and

(3) For the purposes of this section any alienation made in consideration of any fine, premium, or other payment in advance exceeding twice the annual value of the lease or other interest acquired by the alienee shall be deemed to be contrary to the interests of the [persons] alienating.

(4) The Court may, nevertheless, in its discretion confirm an alienation, notwithstanding any informality or irregularity in the mode of execution of the instrument, if satisfied that the informality or irregularity is immaterial, having regard to the interests of all the parties, and that all the parties consent to such confirmation.

(5) No instrument of alienation shall after confirmation thereof be questioned or invalidated on account of any defect in the form or mode of execution thereof.

In subss. (2) (b) and (3) the word "persons" was substituted for the word "Natives" by s. 11 (3) of the Cook Islands Amendment Act 1950.

483. Alienation in pursuance of confirmed contracts - When any valid contract to grant or renew a lease, or any other valid contract of alienation has been duly confirmed, the confirmation of any lease or other instrument of alienation in pursuance of that contract shall, if duly executed in accordance with this Act, be granted as a matter of right.

484. Alteration of instruments on confirmation - (1) On an application for confirmation the Court may, with the consent of all parties to the instrument of alienation, make, under the seal of the Court, such alterations in that instrument as may be thought necessary in order to justify confirmation, and may thereupon confirm the alienation.

(2) The instrument of alienation as so altered shall, if otherwise valid, take effect as if such alterations had been made prior to the execution thereof.

485. Validity and operation of confirmed instruments - Save so far as otherwise expressly provided by this Part of this Act, the validity and operation of an instrument of alienation of Native land shall, notwithstanding the confirmation thereof, be determined in the same manner in all respects as if such confirmation was not required and had not been obtained.

486. Alienations to the Crown - The provisions of this Part of this Act shall, except where otherwise expressly provided, extend to alienations of Native land to the Crown.

As to leases for public purposes, see s. 13 (3)-(5) of the Statutes Amendment Act 1945, reprinted infra.

[487. Establishment of Native reservations - (1) [[The High Commissioner may, by warrant]], set apart and reserve any Native land, whether freehold or customary, or any part thereof as a Native reservation for the purposes of a burial ground, fishing ground, village site, landing place, place of historical or scenic interest, source of water supply, church site, building site, recreation ground., bathing place, or any other specified purpose whatsoever.

(2) [[The High Commissioner may, by warrant]], declare any other Native land to be included in any Native reservation, and thereupon the land shall form part of that reservation accordingly.

(3) No [[warrant]] pursuant to the provisions of subsections (1) and (2) of this section shall be made except on the recommendation of a Judge of the [[the Land Court]].

(4) Every such recommendation shall be accompanied by a report and a statement that the Judge has satisfied himself that the owner of the Native land, if there is only one, or both owners of the Native land, if there are 2, or, if there are more than 2 owners, a majority of the owners who are ordinarily resident in the Cook Islands have assented to the constitution of their land as a Native reservation and that those of the owners who are not ordinarily resident in the Cook Islands will not suffer undue hardship as a result of the operation of the proposed order.

(5) Every Native reservation under this section shall be held for the common use or benefit of the owners or of Natives of the class or classes specified in the [[warrant]]. For the purposes of this subsection the term “Natives” includes persons who are descendants of Natives.

In subss. (1) and (2) the words in double square brackets were substituted for the words "the Governor-General in the case of land situated in Niue, may, by Order in Council, and the High Commissioner in the case of any other land, may, by warrant” (as amended by s.3 (1) of the Cook Islands Amendment Act 1965) by s.2 (1) of the Cook Islands Amendment Act 1966.

In subs. (3) the word "warrant" was substituted for the words "Order in Council or warrant” (as amended by s.3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment 1966.

In subs (3) the reference to the Land reference to the Native Land Court was substituted for a reference to the Native Land Court by s 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (5) the word "warrant" was substituted for the words “Order in Council or warrant" (as amended by s.3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[488. Revocation or variation of reservation - [[ (1) On the recommendation of a Judge of the Land Court, any Order in Council made before the commencement of the Cook Islands Amendment Act 1965 or warrant of the High Commissioner constituting a Native reservation or including land in a Native reservation may be at any time revoked by the High Commissioner, by warrant, or may at any time be varied in like manner, whether as to the boundaries of the land included in the reservation or as to the purposes thereof.]]

(2) Where by reason of the revocation or variation of any Order in Council [[or warrant]] under this section any land ceases to be a Native reservation or part of a Native reservation, the land shall vest, as of its former estate, in the persons in whom it was vested immediately before it was constituted as or included in the Native reservation, or in their successors. In any such case [[the Land Court]] may make an order vesting the land in the person or persons found by it to be entitled thereto.]

Ss. 487 and 488 were substituted for the original ss, 487 and 488 by s. 92 of the Cook Islands Amendment Act 1957.

Subs. (1) of s. 488 was substituted for the original subs. (1) (as amended by s 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (2) of s. 488 the words in the first set of double square brackets were inserted by s. 3 (1) of the Cook Islands Amendment Act 1965, and the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

489. Reservations inalienable - Land included in a Native reservation shall be inalienable, whether to the Crown or to any other person, and whether by will or otherwise; and no freehold order, partition order, or order of exchange shall made .in respect thereof.

[490. Management and control of Native reservations - The management and control of any Native reservation shall be as prescribed by an Act of the Legislative Assembly or by Ordinance.]

This section was substituted for the former s. 490 (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by .s. 2 (1) of the Cook Islands Amendment Act 1966.

491. Native land not to be taken in execution - (1) No interest of any person in customary land, and no interest of a Native [or descendant of a Native] in Native land, shall be capable of being taken in execution or otherwise rendered available by any form of judicial process for the payment his debts or liabilities, whether in favour of [Her Majesty in favour of any other person.

(2) Nothing in this section shall affect the operation of any charge to which Native land is subject.

In subs. (1) the words in the first set of square brackets were insert s. 11 (3) of the Cook Islands Amendment Act 1950.

[492. Payment into Land Court of rents and other proceeds of alienation - (1) Unless in any case the Court otherwise directs, all proceeds derived from any alienation of Native land confirmed by the Court after the commencement of this section shall be paid into [[the Land Court]].

(2) Upon application made to it by the lessee or any person owing money to Natives or descendants of Natives in respect of any alienation of Native land confirmed by the Court before the commencement of this section, the Court may, by order, direct that all or any of that money shall be paid into [[the Land Court]], whether the money is already due or owing or not.

(3) The receipt of the Registrar of [[the Land Court]] shall be a sufficient discharge for any money so paid in the same manner as if that money had been then paid to the persons entitled thereto.

(4) All money so paid into [[ the Land Court]] shall be paid out of Court to the persons entitled thereto, as determined by any order of the Court

(5) There shall be paid to the Registrar of [[ the Land Court]] together with any money paid into the Court under this section (not being money laid by the Crown) a commission at the following rates:

(a) In the case of a payment made in respect of an alienation confirmed after the commencement of this section, at the rate of 5 percent of the money paid:

(b) In the case of a payment made in respect of an alienation confirmed before the commencement of this section, at the rate of 2 ½ percent of the money paid:

Provided that the Court, having regard to the amount of money paid, to the number of persons entitled thereto, and to any other relevant matters, may from time to time direct that a lower rate of commission be paid in any specified case.]

This section was substituted for the original s. 492 (as amended by s. 11 (3) of the Cook Islands Amendment Act 1950) by s. 12(1) of the Cook Islands Amendment Act 1963.

In subss. (1) - (5) the references to the Land Court were substituted for references to the Native Land Court by s. 57(4) of the Cook Islands Amendment Act 1964.

493. Definition of "person under disability” - In this Part of this Act the term "person under disability” means any person who is a minor, or of unsound mind, or in prison, or who is subject to any physical or mental infirmity which in the opinion of [the Land Court] renders him unfit to have the management of his property.

The reference to the Land Court was substituted for a reference to the Native Land Court by s.57(4) of the Cook Islands Amendment Act 1964.

494. Trustee orders - If any Native being a person under disability is entitled to any interest in any real or personal property (other than customary land) [or if any descendant of a Native being a person under disability is entitled to any interest in Native freehold land], or if any European being a person under disability is entitled to any undivided share in Native freehold land, [the Land Court] may, if it thinks fit, on the application of that person or of any other person, make an order (hereinafter called a trustee order) appointing any person or persons to be the trustee or trustees of the person so under disability in respect of the property or any part thereof to which he is so entitled (hereinafter called the trust property).

The words in the first set of square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

495. Matters to be set forth in trustee orders - (1) Every trustee order shall state the nature of the disability of the beneficiary, and if that disability consists in minority the order shall state the age of the beneficiary.

(2) Except where the order states the day of the birth of the beneficiary, any such statement as to his age shall be construed as meaning that he attained that age on the date of the order, but it shall not be necessary for the Court in making any such order to make any inquiry as to the day of the birth of the beneficiary.

(3) Any such statement as to the age of the beneficiary may be amended, but, notwithstanding any error in that statement, every act done at any time by the trustee shall be as valid as if the statement for the time being contained in the trustee order was correct, and no act done by the beneficiary in respect of the property comprised in the order after the date therein indicated as the date of his majority shall be invalidated on the ground that the beneficiary was not in fact of the age of 21 years.

(4) Every trustee order shall define the nature of the property in respect of which it was interest of the beneficiary therein.

496. Appointment of new trustees - (1) Where it is made to appear to [the Land Court] that
is expedient to appoint a new trustee, the Court may, by a trustee order, appoint a new trustee or new trustees either in substitution for or in addition to any existing trustee, and whether there is any existing trustee or not at the time of making the order.

(2) Any person so appointed shall, unless otherwise provided by the order, have the same powers as if appointed by the original order.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s.57 (4) of the Cook Islands Amendment Act 1964.

497. Orders restricting powers of trustees - By a trustee order or by any subsequent order the Court may prohibit or restrict, in such manner as it thinks fit, the exercise by the trustee of any powers which would otherwise be vested in him under this Act, and the Court may at any time remove or vary any such prohibition or restriction.

498. Cancellation of trustee orders - The Court may at any time make an order cancelling or varying trustee order.

499. Determination of trustee orders - When a trustee order has been made on the ground of the minority of the beneficiary, the powers of the trustee shall cease and determine, without any order in that behalf, so soon as the beneficiary attains his majority, and the trustee order shall thereupon cease to be in force.

500. Trust property not to vest in trustee - Notwithstanding anything to the contrary in any rule of law or equity, the trust property shall not vest in a trustee appointed by a trustee order, but shall remain vested in the beneficiary for the same estate and interest as if no such order had been made.

501. Administration of property by trustee - Subject to this Part of this Act and to any order of [the Land Court] to the contrary, every such trustee shall be entitled to the possession, receipt, and administration of the trust property and of all revenues to be derived therefrom, and he shall in the exercise of all powers conferred upon him by this Act be deemed to be the agent of the beneficiary.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

502. Alienation of property by trustee - (1) Except so far as expressly provided by order of [the Land Court], any such trustee shall in respect of the alienation or other disposition of any Native land or other property included in the trust (other than an alienation or disposition thereof by will) represent the beneficiary, and may accordingly exercise in the name and on behalf of the beneficiary all powers in respect of the alienation or other disposition of any such land or property which the beneficiary might himself have exercised had he been under no disability and had no such trustee been appointed.

(2) So long as any trustee order remains in force the beneficiary shall not be capable of exercising any powers in respect of the alienation or disposition of the trust property, other than a disposition thereof by will if he is possessed of testamentary capacity.

In subs. (1) the reference to the Land Court was substituted for reference to the Native Land Court by s. 57 (4) of the Cook Island Amendment Act 1964.

503. Powers of trustee - Except so far as otherwise provided by order of [the Land Court], any such trustee may do, in the name and on behalf of the beneficiary, all things in relation to trust property which he considers necessary or expedient for the advantageous administration of that Property in the interests of the beneficiary, and which the beneficiary could himself have done had he been under no disability and had no such trustee been appointed.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

504. Expenditure of revenues of trust property - (1) [The Land Court] may from time to time make such orders as it thinks fit for the payment or expenditure of any of the revenues or proceeds of the trust property to or for the benefit of the beneficiary, or for the maintenance of the children, adopted children, wife, or husband of the beneficiary.

(2) The right of the beneficiary to the receipt or expenditure of any such money, and his right in any other respect to control the administration of the trust, shall at all times while the trustee order remains in force be subject to the discretion of the trustee and to the order of the Court.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s.57 (4) of the Cook Islands Amendment Act 1964.

505. Enforcement of trusts - [The Land Court] shall have jurisdiction to enforce, by injunction or otherwise, as against any trustee under this Part of this Act, the obligations of his trust, and to hear and determine as against any such trustee any pecuniary claim arising out of a breach of trust.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

506. Co-trustees must act jointly - When 2 or more trustees hold office under any trust order in respect of the same property, those trustees must act jointly in the exercise of the trust, and no such powers shall be exercisable by less than the full number of trustees so appointed, notwithstanding the existence of any vacancy in that number.

507. Remuneration of trustees - Any such trustee may be allowed out of the revenues or proceeds of the trust property, by way of remuneration for his services in administering that property, such reasonable sums as [the Land Court] from time to time orders, in addition to all costs, charges, and expenses incurred by him in the execution of his trust.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

508. Prohibited degrees of consanguinity - With respect to marriage the prohibited degrees of consanguinity and affinity shall be the same in the Cook Islands as for the time being in New .Zealand, and every marriage entered into between persons within those prohibited degrees shall be wholly void.

As to the prohibited degrees of consanguinity and affinity in New Zealand, see s.15 of the Marriage Act 1955.

509. Marriages to take place before marriage officer - Every marriage in the Cook Islands shall take place in the presence of a marriage officer as hereinafter defined, and of at least 2 other witnesses, and otherwise shall be wholly void.

510. "Marriage officer" defined - The term "marriage officer" means and includes -

(b) Any Judge or Registrar of the High Court or of [the Land Court] [ or any Judge of [[the Appellate Court]] ]:

Para. (a) was substituted for the former para. (a) (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In para. (b) the references to the Land Court and Land Appellate Court were substituted for references to the Native Land Court and the Native Appellate Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In para. (b) the words in the second set of single square brackets (as now amended by s. 57 (4) of the Cook Islands Amendment Act 1964) were added by s. 52 of the Cook Islands Amendment Act 1946.

[511. Appointment of marriage officers - (1) The High Commissioner may, by warrant under his hand and the Seal of the Cook Islands, appoint as a marriage officer for the Cook Islands, any minister of religion or other person whom he believes to be a fit and proper person to be so appointed.

(2) Any such appointment may be at any time revoked by the High Commissioner, by warrant under his hand and the Seal of the Cook Islands.]

This section was substituted for the original s. 511 (as amended by s. 95(1) of the Cook

512. Offence - If any person acts as a marriage officer in the Cook Islands without being qualified by office or appointment so to act, he shall be guilty of an offence punishable by imprisonment for any term not exceeding 3 years.

513. Notice of marriage - (1) A marriage officer shall not so solemnise or record any marriage unless notice in writing of the intention of the parties to enter into such marriage has been given to the marriage officer by one of the parties thereto at least 2 clear days before the day of the marriage.

(2) On receipt of such notice the marriage officer shall publish the same in such manner as he thinks sufficient to give due publicity to the intended marriage.

(3) On every such notice there shall be payable by the person giving the same such fee (if any) as may be prescribed by [enactment], and all such fees shall be payable into the [Cook Islands Government Account].

(4) No marriage shall be invalidated by any breach of the requirements of this section.

In subs. (3) the word "enactment" was substituted for the word “regulations” by s. 3 (1) of the Cook Islands Amendment Act 1965.

In subs. (3) the words in the second set of square brackets were substituted for the words "Cook Islands Government Account or the Niue Assembly Account, as the case may require" (as amended by s. 95 (1) of the Cook Islands Amendment Act 1957, and s. 57 (5) of the Cook Islands Amendment Act 1964) by s. 2 (1) of the Cook Islands Amendment Act 1966.

514. Mode of solemnisation - Every marriage shall, subject to the provisions of this Act, be solemnised in such manner as the marriage officer thinks fit.

515. Record of marriage - Every marriage shall, at the time of the solemnisation thereof, be recorded in writing by the marriage officer in the form and with the several particulars prescribed by regulations under this Act, but no marriage shall be invalidated by any error or defect in such form or in the particulars so required to be recorded.

516. Signature of record - The aforesaid record of every marriage shall be signed by the parties thereto, and by 2 witnesses, and by the marriage officer, all being present at the a same time, and when the record has been so signed the marriage shall be deemed to be fully solemnised and shall take effect.

[517. Transmission of records - The record of every marriage shall be forthwith delivered by the marriage officer to the Registrar of the High Court at Rarotonga, and shall be preserved by him in the same manner as if it were a record of the High Court.]

This section was substituted for the original s.517 by s.2 (1) of the Cook Islands Amendment Act 1966.

518. Minimum age of marriage - A marriage officer shall not solemnise or record any marriage unless the husband is at least 18 years of age and the wife is at least 15 years of age, but no marriage shall be invalidated by a breach of the provisions of this section.

519. Marriage of minors - (1) A marriage officer shall not solemnise or record the marriage of any man under the of 21 years or of any woman under the age of 19 years without the consent of one of the parents of such man or woman, if either of those parents is alive and resident in the Cook Islands.

(2) A Judge of the High Court may in any case, if he thinks fit so to do, grant exemption from the requirements of this section.

(3) No marriage shall be invalidated by any breach of the provisions of this section.

520. Offence by marriage officer - If any marriage officer commits any breach of the provisions of this Part of this Act, or signs any record of a marriage containing any statement known to him to be false, he shall be guilty of an offence punishable by a fine not exceeding [$100]

521.Signature of false record by party or witness - Every party or witness to a marriage who signs a record thereof containing any statement known by him or her to be false shall be guilty of an offence punishable by a fine not exceeding [$40] or by imprisonment for any period not exceeding 6 months.

522. Misrepresentation as to facts to procure marriage - Every person who, by any wilful misrepresentation made to a marriage officer, procures or attempts to procure the solemnisation by that officer of any marriage shall be guilty of an offence punishable by one year's imprisonment.

523. Legitimation per subsequens matrimonium - An illegitimate child, whether born before or after the commencement of this Act, shall be legitimated by the subsequent intermarriage after the commencement of this Act of the parents of that child, provided that at the time of the birth of the child there existed no bar to the intermarriage of the parents other than the age of one or both of those parents.

524. Jurisdiction of High Court - The High Court shall have jurisdiction in divorce and other causes and matters matrimonial in accordance with the provisions of this Part of this Act.

As to the jurisdiction of the High Court, see s.10 of the Cook Islands Amendment Act 1921.

525. Limitation of jurisdiction - No decree shall be made for a divorce a mensa et thoro, or for restitution of conjugal right, nor shall any action be brought for criminal conversation.

526. Nullity of marriage - The High Court shall in suits for nullity of marriage have and exercise in the Cook Islands the same jurisdiction as is possessed for the time being in New Zealand by the Supreme Court.

As to the jurisdiction of the Supreme Court in respect of suits for nullity of marriage, see s.6 of the Matrimonial Proceedings Act 1963.

(a) That the petitioner's own habits or conduct induced or contributed to the wrong complained of so as to disentitle the petitioner to a dissolution of the marriage; or

(b) That in the case of the adultery of the respondent the petitioner has been in any manner accessory to or has connived at such adultery has condoned the same; or

the Court shall dismiss the suit; but in all other cases, if the Court is satisfied that the case of the petitioner has been established, the Court shall pronounce a decree dissolving the marriage.

529. Domicile of deserted wife - A deserted wife who was domiciled in the Cook Islands at the time of desertion shall be deemed for the purposes of the jurisdiction of the High Court in divorce (whether the ground of divorce may be) to have retained such domicile so long as she is resident in the Cook islands, notwithstanding that her husband may have acquired a domicile elsewhere.

531.Co-respondent as a party - In any suit in the High Court for dissolution of marriage on the ground of adultery the Court may, if it thinks fit, require the petitioner (being the husband) to make the person with whom the respondent is alleged to have committed adultery a co-respondent in the suit.

532. Intervention - By leave of the High Court any person may intervene in a suit for dissolution of marriage for the purpose of opposing the making of a decree for such dissolution.

533. Agreement no bar to divorce - No covenant or agreement between the parties to a suit for dissolution of marriage shall operate as a bar to the institution or prosecution of any such suit.

534. No appeal to Supreme Court - No appeal shall lie to the Supreme Court of New Zealand from any decree of the High Court for the dissolution of a marriage.

535. Remarriage of divorced persons - When a decree for the dissolution of a marriage has been made by the High Court it shall be lawful for the parties to such marriage to marry again as if the former marriage had been dissolved by death.

536. Costs - In any suit for the dissolution of marriage the High Court may make such order as it thinks fit for the payment of the costs of the proceedings, or of any part thereof, by or to the petitioner, respondent, co-respondent, or any person intervening in the suit.

537. Order for maintenance of divorced wife - (1) When a decree for the dissolution of marriage is made by the High Court, the Court may , if it thinks fit, in and by the decree of dissolution, order the husband to pay towards the future maintenance of his wife (whether petitioner or respondent), so long as she remains unmarried, a reasonable sum...at such times and in such manner as the court thinks fit.

(2) Every such order shall be deemed to be a maintenance order under Part XX of this Act, and all the provisions of that Part of this Act shall, so far as applicable, apply thereto accordingly.

In subs. (1) the words "not exceeding one pound a week" were omitted by s.3 (1) of the Cook Islands Amendment Act (No. 2) 1948.

538. Order as to custody of children - The High Court may in and by any decree for the dissolution of marriage, or at any time and from time to time thereafter, make such order as it thinks fit as to the custody of the children of the marriage.

539. Molestation of divorced wife by her husband - If at any time after a decree of dissolution of marriage has been pronounced at the suit of the wife the husband from whom she has been so divorced -

(a) Commits any trespass by entering or remaining upon or in any land, house, or building which is in her occupation or in which she dwells or is present; or

(c) Molests her by watching or besetting her dwellinghouse or place of business, employment, or residence, or by following or waylaying her in any road or other public place -

he shall be guilty of an offence, and shall be liable to a fine not exceeding [$40] or to imprisonment for a term not exceeding 3 months.

540. Jurisdiction of Supreme Court - (1) The jurisdiction of the Supreme Court of New Zealand under [the Matrimonial Proceedings Act 1963] shall extend to the Cook Islands in the same manner as if those islands constituted for all purposes part of New Zealand, and a domicile in the Cook Islands shall for the purposes of such jurisdiction be deemed to be a domicile in New Zealand

(2) In the exercise of such jurisdiction the Supreme Court shall, in respect of the grounds of divorce and in respect of all other matters, act in accordance with [the Matrimonial Proceedings Act 1963] and not in accordance with this Act.

In subss. (1) and (2) the Matrimonial Proceedings Act 1963, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Divorce and Matrimonial Causes Act 1908.

541. Interpretation - In this Part of this Act, unless a different intention appears-

"Adequate maintenance" means maintenance reasonably sufficient for the necessities of the person to be maintained, irrespective of the means or ability of the person who is bound to afford such maintenance:

"Affiliation order" means an order under this Part of this Act adjudging any person to be the father of an illegitimate child:

"Defendant" means any person against whom a maintenance order or affiliation order is made or applied for under this Part of this Act:

"Destitute person" means any person unable, whether permanently or temporarily, to support himself by his own means or labour:

"Maintenance" includes lodging, feeding, clothing, teaching, training, attendance, and medical and surgical relief:

"Maintenance order" means an order under this Part of this Act for the payment of money for or in respect of the past or future maintenance of any person:

"Unmarried woman" includes a widow and a woman who has been divorced from her husband.

“Child”: This definition was substituted for the original definition by s.12 of the Cook Islands Amendment Act 1962.

542. Jurisdiction of High Court - The High Court shall have power in the ordinary course of its civil jurisdiction to make maintenance and affiliation orders in accordance with the provisions of this Part of this Act.

543. Applications - Any application to the High Court for or in relation to a maintenance or affiliation order may, except where otherwise expressly provided, be made either by the person in whose favour the order is to be has been made or by any other person.

544. Jurisdiction discretionary - The exercise by the High Court of its jurisdiction to make a maintenance order shall in all cases be discretionary.

545. Affiliation orders - (1) On application made to the High Court by or by the authority of an unmarried woman who is the mother of an illegitimate child or who is with child, the Court may, if satisfied that the defendant is the father of that child, make an order (herein called an affiliation order) adjudging the defendant to be the father of that child accordingly.

(2) No affiliation order shall be so made unless the application is made before or within 6 years after the birth of the child, unless the defendant has contributed to or made provision for the maintenance of the child, or has since the birth of the child cohabited with the mother as man and wife, in which case the application may be made at any time after the expiration of the said period of 6 years, if within 2 years immediately preceding the application the defendant has contributed to or provided for the maintenance of the child or has so cohabited with its mother.

(3) If at any time the defendant has been absent from the Cook Islands, the period of his absence shall not be counted in computing the respective period or 6 years or 2 years.

(4) No such application shall be made unless the child is under 12 years of age at the time of the application.

546. Evidence - (1) The evidence of the mother of an illegitimate child or of any woman who is with child as aforesaid shall not be necessary for the making of an affiliation order.

(2) No person shall be adjudged to be the father of an illegitimate child upon the evidence of the mother or of a woman who is with child as aforesaid, unless her evidence is corroborated in some material particular to the satisfaction of the Court.

547. Maintenance order in favour of illegitimate child - When an affiliation order has been made by the High Court against any person as the father of an illegitimate child, whether already born or not, the Court may, at the same time thereafter, make a maintenance order in favour of the child against the person so adjudged to be the father thereof.

548. Maintenance order against father in favour of child - (1) The High Court may make a maintenance order against the father of any child in favour of that child if the Court is satisfied that the father has failed or intends to fail to provide that child with adequate maintenance.

(2) When the father and child are living apart from each other, and the Court is satisfied that there is reasonable cause for the child continuing so to live apart from the father, the father shall not be deemed to have made provision for the adequate maintenance of the child merely by reason of the fact that he is ready and willing to support the child if and so long as the child lives with him.

549. Maintenance order against mother in favour of child - (1) The High Court may make a maintenance order in favour of a child against the mother of that child (whether legitimate or illegitimate) if satisfied that the mother is sufficient ability in that behalf and has failed or intends fail to make provision for the adequate maintenance of that child.

(2) When the mother and child are living apart from each other, and the Court is satisfied that there is reasonable cause for the child continuing so to live apart from the mother, the mother shall not be deemed to have made provision for the adequate maintenance of the child merely by reason of the fact that she is ready and willing to support the child if and so long as the child lives with her.

550. Maintenance order against husband in favour of wife - (1) The High Court may make a maintenance order against a husband in favour of his wife if the Court is satisfied that the husband has failed or intends to fail to provide his wife with adequate maintenance.

(2) Unless the Court is satisfied that the wife is a destitute person, no maintenance order shall be made against the husband if it is proved that he is not of sufficient ability to contribute to her maintenance.

(3) When the husband and wife are living apart from one another and the wife has, in the opinion of the Court, reasonable cause for refusing or failing to live with her husband, the husband shall not be deemed to have provided her with adequate maintenance merely by reason of the fact that he is ready and willing to support her if and so long as she lives with him.

551. Maintenance order against wife in favour of husband - (1) The High Court may make a maintenance order against a married woman in favour of her husband if satisfied that the husband is a destitute person and that his wife is of sufficient ability to contribute to his maintenance.

(2) No such order shall be made if the court is satisfied that there is reasonable cause for the failure of the wife to contribute to the maintenance of her husband.

552. Maintenance order against any person in favour of father or mother - (1) The High Court may make a maintenance order against any person in favour of the father or mother of that person if satisfied that the father or mother, as the case may be, is a destitute person and that the defendant is of sufficient ability to contribute to the maintenance of such destitute person.

(2) In this section the term "mother" includes the mother of an illegitimate child.

553. Disobedience to maintenance order - Every person who disobeys a maintenance order shall be guilty of contempt of the High Court, and may be dealt with from time to time accordingly.

554. Maintenance money a debt - All money due under a maintenance order shall constitute a debt due by the defendant to the person to whom the money is payable in accordance with the terms of the order.

555. Order in favour of non-residents - A maintenance order may be made in favour of any person otherwise entitled thereto although not present or resident in the Cook Islands.

556. Order against non-residents - A maintenance or affiliation order may be made against any defendant otherwise liable although not present or resident in the Cook Islands.

557. Orders in absentia - If the High Court is satisfied that a defendant is absent from the Cook Islands, or from the island in which the application is made, or that his residence is unknown, or that he cannot be found, the court may hear and determine the application ex parte and make a maintenance order or affiliation order accordingly.

558. Repeated applications - The dismissal of an application for a maintenance order or affiliation order shall not, unless the Court so orders, be a bar to the making of a further application in the same matter against the same defendant.

559. Payments not to be made in advance - (1) No money payable under a maintenance order shall, without the precedent consent of a Judge of the High Court, be paid more than one year in advance of the due date thereof.

(2) If any money is paid in breach of this section, it shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedience thereto; but no money so paid in breach of this section shall be recoverable by the person by whom it was paid.

560. Cancellation, variation, and suspension of orders - (1) The High Court may at any time make an order cancelling an affiliation order, or cancelling, varying, or suspending any maintenance order or substituting a new maintenance order therefor, on the grounds -

(b) That since the making of the order new and material evidence has been discovered; or

(c) That since the making of the order the circumstances have so changed that the order ought to be so cancelled, varied or suspended, or that a new order ought to be substituted therefor.

(2) The power hereby conferred to cancel or vary an order shall include the power to remit wholly or in part any arrears due under the order, and any such arrears may be remitted either on the grounds hereinbefore in this section mentioned or, if the Court in its discretion thinks fit, on the ground that the defendant is not of sufficient ability to pay the same.

561. Payment of maintenance money - Any maintenance order may direct the money payable thereunder to be paid either to the person in whose favour the order is make or to any other person on behalf of that person.

562. Security for obedience to maintenance orders - (1) Whenever a maintenance order is made the High Court may, if it thinks fit, by the same order or by order made at any later time, direct the defendant to give security for his obedience to the maintenance order.

(2) Every such security shall, as the High Court determines, be either the payment into Court of such sum of money, not exceeding [$400], as the Court directs, or the giving of a bond to [Her Majesty] with 1 or 2 sureties to be approved by the Court in a sum not exceeding [$400] conditioned for due obedience to the maintenance order.

(3) When such security has been required, the Court may commit the defendant to prison until the order requiring security has been complied with, but no person shall be so detained in custody for a longer period than 6 months.

(4) All money so paid into Court or recovered by suit or otherwise under any such bond shall be available, under the direction of the Court, for the satisfaction of all claims under the maintenance order.

(5) The Court may, on being satisfied that the security is no longer required, order any amount so paid into Court to be repaid to the defendant, or cancel any bond so given.

563. Operation of agreements - No agreement shall be effective so as to take away or restrict any liability imposed on any person by this Act to contribute to the maintenance of any other person, or affect the operation of any maintenance order or the right of the High Court to make any such order.

564. Purport and duration of maintenance orders - (1) Every maintenance order shall be an order for the periodical payment, as aforesaid, to pay such sum as the Court thinks fit, of such sum of money as the Court thinks reasonable.

(2)...The intervals between the successive payments shall not exceed 28 days.

(3) When any such order is made in respect of the maintenance of a child (whether legitimate or illegitimate) the order shall cease to be in force so soon as that child attains the age of [16 years].

In subs. (2) the words "No such payment shall, except where otherwise expressly provided, exceed the sum of twenty shillings per week, and" were omitted by s. 3 (2) of the Cook Islands Amendment Act (No. 2) 1948.

In subs. (3) the words in square brackets were substituted for the words "twelve years" by s. 13 (1) of the Cook Islands Amendment Act 1963.

565. Order for past maintenance - Any maintenance order may require the defendant, in addition to making such periodical payments as aforesaid, to pay such sum as the Court thinks reasonable, not exceeding [$100], on account of the past maintenance, previous to the making of the order, of the person in respect of whose maintenance the order is made.

566. Leaving Cook Islands while maintenance money in arrear an offence - (1) Every person against whom a maintenance order has been made and who, while any money payable under the order is in arrear and unpaid, leaves or attempts to leave the Cook Islands without the permission in writing of a Judge of the High Court shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.

(2) In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.

567. Leaving Cook Islands after affiliation order^-and before birth of child an offence - (1) Every person against whom an affiliation order is made prior to the birth of the child, and who leaves or attempts to leave the Cook Islands without the permission in writing of a Judge of the High Court at any time within 12 months after the making of the order, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.

(2) In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.

568. Leaving Cook Islands with intent to disobey maintenance order an offence - Every person against whom a maintenance order has been made, and who at any time thereafter leaves or attempts to leave the Cook Islands with intent to make default in obeying that order, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.

569. Leaving Cook Islands while failing to maintain wife an offence - (1) Every person who without reasonable cause fails to provide his wife with adequate maintenance, and who at any time while failing so to do leaves or attempts to leave the Cook Islands without the permission in writing of a Judge of the High Court, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.

(2) In any prosecution under this section the burden of proving that the permission of a judge was so obtained be upon the accused.

570. Leaving Cook Islands while failing to maintain child an offence - (1) Every person who is the father of a child, and who without reasonable cause fails to provide that child with adequate maintenance, and who at any time while failing so to do leaves or attempts to leave the Cook Islands without the permission in writing of a Judge of the High Court, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.

(2) In any prosecution under this section the burden of proving that the permission of a judge was so given shall be upon the accused.

571. Leaving Cook Islands with intent to desert wife or child an offence - Every person who is the husband of any woman or the father of any child, and who leaves or attempts to leave the Cook Islands with the intention of failing without reasonable cause to make adequate provision for the maintenance of that wife or child during his absence, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.

572. Attempting to leave the Cook Islands - Every person shall be deemed to attempt to leave the Cook Islands within the meaning of this Part of this Act who does any act with intent to leave those islands.

573. Evidence of intent - In any prosecution for an offence against this Part of this Act the fact that the defendant has at any time within 3 years after leaving the Cook Islands habitually made default in obeying an order of maintenance or in providing his wife or child with adequate maintenance shall be sufficient evidence, unless the contrary is proved, that the defendant left the Cook Islands with intent so to make default.

[573A. High Court may make adoption orders - (1) Without limiting the powers conferred on [[the Land Court]] by Part XV of this Act, the High Court may make an order for the adoption of a child under the provisions of this Part of this Act.

(2) No such order shall be made except on an application made to the Court by the adopting parent or by the adopting parents jointly, whether domiciled in the Cook Islands or not.

In subs. (1) the reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

[573B. Persons who may apply for adoption order - The following persons may apply to the High Court for an adoption order:

[573C. Who may he adopted - Subject to the provisions of this Part of this Act, any child, whether Native or European, and whether legitimate or illegitimate, and whether domiciled in the Cook Islands or not, shall be capable of being adopted under this Part of this Act.

[573D. Restrictions on making adoption orders - (1) No adoption order shall be made under this Part of this Act, unless the Court is satisfied that -

(a) The child to be adopted is under the age of 21 years at the date of the filing of the application; and

(b) The applicant or, in the case of a joint application, one of the applicants, has attained the age of 25 years and is at least 21 years older than the child, or is the mother or father of the child; and

(d) Where the child is female and the sole applicant is male, the applicant is the father of the child, or there are special circumstances which justify the making of an order; and

(e) The child, if in the opinion of the Court it is above the age of 12 years, consents to the adoption; and

(f) The applicant is a fit and proper person to have the care and custody of the child and of sufficient ability to maintain the child, and the adoption will not be contrary to the welfare and interests of the child.

[[ (2) In order to satisfy itself as to the matters mentioned in paragraph (f) of subsection (1) of this section, the Court shall call for a report thereon by the Minister in Charge of the Justice Department, or by an officer of the Cook Islands Public Service nominated for the purpose by that Minister.]]

(3) No child adopted under this Part of this Act shall in the life-time of an adopting parent and while the order remains in force be adopted by any other person save the husband or wife of that parent.

Subs. (2) was substituted for the former subs. (2) (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[573E. Consents to adoptions - (1) No order shall be made under section 573A of this Act without the consent of the parents or of the surviving parent (if any) of the child, whether that child is legitimate or illegitimate, save that no such consent shall be required from any parent if the Court is satisfied that the child has been deserted by that parent, or that that parent is for any reason unfit to have the care and custody of the child, or if the Court for any other reason whatsoever considers that the consent of that parent should be dispensed with.

(2) Every consent given under subsection (1) hereof shall be given in writing and witnessed by one of the persons specified in subsection (1) of section 126 of this Act, and every such witness shall certify that the parent signing the consent fully understands the effect of an order made under section 573A of this Act.

(3) Where the application for an order under section 573A of this Act is made by either a husband or wife alone, no order shall be made without the consent of the spouse of the applicant, save that no such consent shall be required if the Court is satisfied that the spouses are living apart and that their separation is likely to be permanent.

[573F. Effect of order of adoption - Every order under section 573A of this Act shall have the same operation and effect as an adoption order made under the Adoption Act 1955 has in New Zealand by virtue of subsections (1) and (2) of section 16 of that Act:

Provided that an order for the adoption of a child by a Native or the descendant of a Native shall have in respect of succession to the estate of any Native and to any interest in Native land the same operation and effect as that which is attributed by Native custom to adoption by Native custom.

[573G. Annulment of order of adoption - Any order made under section 573A of this Act may at any time be annulled by the Court on any ground which the Court thinks sufficient, either on the application of an adopting parent or of the adopted child.]

Part XXA (comprising ss. 573A-573G) was inserted by s. 14 of the Cook Islands Amendment Act 1963.

A person detained under an order of medical custody made under this Part is a "patient" within the meaning of the Tokelau Divorce Regulations 1975. See S.R. 1975/262/4 (5).

574. Application by Medical Officer to High Court - [Any Medical Officer] may make application to the High Court for an order committing any person to medical custody under this Part of this Act on the ground that he is of unsound mind.

The words "Any Medical Officer" were substituted for the words "A Chief Medical Officer" by s. 5 (1) of the Cook Islands Amendment Act 1923.

[575. Medical certificates as to persons of unsound mind - No such order shall be made except on examination of the person alleged to be of unsound mind, and upon production to the Court of a certificate by 2 Medical Officers, or by one Medical Officer and a graduate of the Fiji School of Medicine, that the person in respect of whom the order is to be made is of unsound mind and that his detention in medical custody is necessary in his own interest or for the safety of other persons.]

This section was substituted for the former s. 575 (as substituted by s. 12 ( 1) of the Cook Islands Amendment Act 1956, and as amended by s. 16 ( 1) of the Cook Islands Amendment Act 1963) by s 2 (1) of the Cook Islands Amendment Act 1966.

576. Order of medical custody - If the Court is satisfies on the examination of the person so alleged to be of unsound mind, and on hearing such further evidence (if any) as the Court thinks necessary that he is of unsound mind and that his detention in medical custody is necessary in his own interests or for the safety of other persons, the Court may make an order (hereinafter called an order of medical custody) committing such person to medical custody for such period as the Court thinks fit, not exceeding 6 months.

577. Renewal of order - Any such order may at any time and from time to time, whether before or after the expiry thereof, be renewed for such further period, not exceeding 6 months, as the Court on a further application and certificate as aforesaid thinks fit.

578. Cancellation of order - Any such order may be at any time cancelled by the High Court.

579. Discharge from custody - Any person so committed to medical custody may be at any time discharged from custody by the [High Commissioner], and the order of medical custody shall thereupon lapse.

The words in square brackets were substituted for the words “Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

580. Arrest and detention of persons committed to medical custody - Any person against whom an order of medical custody has been so made may thereupon be arrested by any constable or Medical Officer, and shall, while the order remains in force, be detained at such hospitals or other places in the Cook Islands, and in the custody of such Medical Officer, as may from time to time be determined in that behalf by the Chief Medical Officer, either generally or in respect of any particular case or class of cases.

[581. Treatment of persons detained - The custody, care, treatment, visitation, and discipline of all persons so committed to medical custody shall be as prescribed by enactment.]

This section was substituted for the original s. 581 by s. 3 (1) of the Cook Islands Amendment Act 1965.

582. Removal from the Cook Islands to New Zealand - When an order of medical custody has been so made against any person the High Court may, at the same time or at any time thereafter while the order remains in force, issue under the seal of the Court a warrant for the removal of that person from the Cook Islands to New Zealand.

[583. Conditions of removal - No such warrant shall be issued unless the Court is satisfied, on the certificate by 2 Medical Officers, or by one Medical Officer and a graduate
of the Central Medical School at Suva, Fiji, and on the examination of the person alleged to be of unsound mind, that his removal from the Cook Islands to New Zealand is
necessary in his own interest or for the safety of other persons.]

This section was substituted for the original s. 583 (as amended by s. 12 (2) of the Cook Islands Amendment Act 1956) by s. 2 (1) of the Cook Islands Amendment Act 1966.

584. Method of removal - On the issue of any such warrant for the removal of any person to New Zealand he may be taken to New Zealand in the custody of any person appointed in that behalf by [a Medical Officer] in any ship belonging to [Her Majesty] or in any British ship [or in any aircraft which is approved by the Chief Medical Officer or 2 Medical Officers as suitable for the purpose].

The words in the first set of square brackets were substituted for the words "a Chief Medical Officer" by s. 5 (4) of the Cook Islands Amendment Act 1923.

The words in the third set of square brackets were added by s. 17 of the Cook Islands Amendment Act 1963.

[585. Persons so removed to New Zealand to be brought before a Magistrate - On the arrival in New Zealand of any such person, he shall be forthwith brought before a Magistrate, together with a warrant for his removal to New Zealand and a certificate, authenticated by seal of the High Court, by 2 Medical Officers, or by one Medical Officer and a graduate of the Central Medical School at Suva, Fiji, certifying that the person so committed is of unsound mind, and setting forth such particulars as to the physical and mental condition of that person as the person or persons giving the certificate think necessary.]

This section was substituted for the former s. 585 (as substituted by s. 12 (3) of the Cook Islands Amendment Act 1956) by s. 2 (1) of the Cook Islands Amendment Act 1966.

586. Magistrate may make a reception order - The Magistrate may thereupon, without further application or evidence, make in respect of the person so brought before him a reception order under [the Mental Health Act 1969] in the same manner, so far as applicable, as if in application for a reception order had been made in accordance with that Act, and the reception order so made shall be deemed for all purposes to be a reception order made under that Act, and shall have effect accordingly.

The Mental Health Act 1969, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Mental Health Act 1911 (the title of which was amended by s. 2(3) of the Mental Health Amendment Act 1954).

587. Administration of estates of persons of unsound mind - (1) [Part VII of the Mental Health Act 1969] (relating to the administration of the estates of persons of unsound mind), shall in New Zealand extend and apply to property (other than interests in Native land) situated in the Cook Islands and belonging to a European of unsound mind.

(2) The High Court shall have no jurisdiction to appoint a [manager] of the person or estate of a lunatic.

In subs. (1), Part VII of the Mental Health Act 1969, being the corresponding enactment in force at the date of this reprint, has been substituted for Part VIII of the repealed Mental Health Act 1911.

In the Mental Health Act 1969 the reference to persons of unsound mind has not been re-enacted. The expression used therein in relation to such persons is "mentally disordered". See the definition of this term in s. 2 of that Act.

In subs. (2) the reference to a manager was substituted for a reference to a committee by s. 129 (7) of the Mental Health Act 1969.

588. Warrant for arrest of persons of unsound mind - Any person against whom an application has been made for an order of medical custody may be arrested by any constable or other person under a warrant issued by a Judge or Registrar of the High Court.

589. Arrest of persons of unsound mind without warrant - (1) Any person believed on reasonable grounds to be of unsound mind and to be dangerous to himself or others may be arrested without warrant by a constable or any other person, and shall be forthwith brought before a Judge or Registrar of the High Court, or before [a Resident Agent or any officer] of the Cook Islands Public Service, who may from time to time make such order for his custody as is thought fit, pending the making and determination of an application for an order of medical custody.

[(2) Where any such person has been arrested in any island other than the Island of Rarotonga, the order for his custody made under subsection (1) of this section may provide for his removal in custody to the Island of Rarotonga.]

In subs. (1) the words in square brackets were substituted for the words "the Resident Commissioner of Niue or before a Resident Agent or before any officer" (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

590. Insane persons not to be tried for offences - If any person on being charged with an offence before the High Court is found to be of unsound mind so that he cannot understand the nature of the proceedings, he shall not be tried, but the High Court shall order him to be detained in prison or in some other place of security until the pleasure of the [High Commissioner is known].

The words in square brackets were substituted for the words "High Commissioner or the Resident Commissioner, as the case may require, or (where the charge is one of murder or manslaughter brought in the High Court in Niue) the pleasure of the Governor-General is known" (as amended by s. 3 ( 1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

591. Detention of accused persons acquitted on ground of insanity - If any person on his trial for an offence before the High Court is found to have been insane at the time of the commission of the offence, he shall be found not guilty on the ground of insanity, and the Court shall order him to b detained in prison or in some other place of security until the pleasure of [the High Commissioner] or (in the case of charge of murder or manslaughter) the pleasure of the Governor-General is known.

The reference to the High Commissioner was substituted for a reference to the Resident Commissioner by s. 57 (3) of the Cook Islands Amendment Act 1964 (as amended by s. 3 (4) of the Cook Islands Amendment Act 1965).

592. Discharge - (1) Except in the case of a charge of murder or manslaughter, a person shall not be detained under such an order for a longer period than one month, and may any time be discharged by the [High Commissioner].

[(2) In the case of a charge of murder or manslaughter, any person so detained may be at any time discharged by the High Commissioner.]

In subs. (1) the words in square brackets were substituted for the words "Resident Commissioner" by s. 2 (1) of the Cook Islands Amendment Act 1966.

Subs. (2) was substituted for the former subs. (2) (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

593. Orders of medical custody of criminal lunatics - (1) When any person is so detained, whether in the case of a charge of murder or manslaughter or otherwise, the High Court shall have the same jurisdiction to make an order of medical custody or to issue a warrant for removal to New Zealand as in the case of any other person of unsound mind.

[(2) An order of medical custody so made shall supersede the order for detention during the pleasure of the High Commissioner.]

Subs. (2) was substituted for the original subs. (2) (as amended by s. 3(1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

595-603. Repealed by s. 16 (1) (a) of the Cook Islands Amendment Act 1961.

604. "Road" defined - In this Act the term “road” means a public right of way, or the land which is subject to such a right of way, as the context may require.

605. Existing roads - All roads existing in the Cook Islands at the commencement of this Act shall continue to exist as if established under this Act.

606. Proclamation of existing roads - (1) [The High Commissioner], if satisfied that any Crown, European, or Native land has been continuously used as a public highway as of right for not less than 5 years before the commencement of this Act, may by warrant proclaim that land as a road.

(2) Every warrant under this section shall be conclusive that the road so proclaimed was theretofore a public highway, and no compensation shall be payable to any person in respect thereof.

In subs. (1) the words in square brackets were substituted for the words "The Minister in the case of land situated in Niue, and the High Commissioner, in the case of any other land" (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

607. Proclamation of new roads - [ (1) The High Commissioner may, by warrant, proclaim any Crown, European, or Native land as a road. ]

(2) All persons having any interest in such land and suffering loss or damage by reason of the proclamation of a road under this section shall be entitled to compensation for that loss or damage in the same manner as in the case of land taken for public purposes under Part X of this Act.

Subs. (1) was substituted for the original subs. (1) (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

608. Roads not to vest in the Crown - (1) A road in the Cook Islands, whether constituted before or after the commencement of this Act, shall not as such be vested in the Crown, but shall belong in accordance with the common law to the adjoining owners or to such other persons as would have been entitled thereto had no public right of way existed in respect thereof.

(2) Nothing in this section shall take away any title acquired by [Her Majesty] or any other person before the commencement of this Act.

609. Maintenance and control of roads - All roads in the Cook Islands may be formed, maintained, and repaired by the Crown, and shall be deemed to be in the possession of the Crown.

610. Effect of freehold order on roads - The making of a freehold order in respect of customary land shall in no way affect the existence of any roads existing on that land at the date of the order.

611. Roads laid out on partition or investigation of title - (1) Upon the making of any partition of Native freehold land it shall be the duty of [the Land Court], by order, to lay out upon the land partitioned such road lines (if any) as the Court thinks necessary or expedient for the due occupation and use of the several parcels.

(2) Upon the making of a freehold order [the Land Court] shall, by order, lay out upon the land comprised in the freehold order such road lines (if any) as the Court thinks necessary or expedient for the due occupation and use of the land.

(3) [The High Commissioner] may be warrant proclaim as a road any road line so laid out by the Court or any portion of such road line, and no compensation shall be payable to any person in respect thereof.

(4) Until and unless a road has been so proclaimed, [the Land Court] may, on the application or with the consent of the [High Commissioner], cancel or modify any order by which a road line has been so laid out.

In subss. (1), (2), and (4) the references to the Land Court were substituted for references to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (3) the words in square brackets were substituted for the words "The Minister in the case of land situated in Niue, and the High Commissioner, in the case of any other land" (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subs. (4) the words in the second set of square brackets were substituted for the words "High Commissioner, or the Resident Commissioner, as the case may require" (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

612. Dedication of roads by Natives - A Native [or descendant of a Native] shall have the same capacity of dedicating a road over Native land vested in him (whether freehold or customary) as if he was a European and as if the land was European land, and none of the provisions of this Act relating to alienation shall apply to any such dedication.

The words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

613. Closing of roads - [The High Commissioner] may by warrant close, in whole or in part, any road in the Cook Islands, but not so as thereby to leave any area of Crown land or of European land or of Native freehold land without any immediate access to a road.

The words in square brackets were substituted for the words “ The Minister in the case of a road situated in Niue, and the High Commissioner, in the case of any other road" (as amended by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[614. Warrants as to roads to be gazetted - Every warrant of the High Commissioner under this Part of this Act shall be under the Seal of the Cook Islands, and shall be published in the Cook Islands Gazette, and shall take effect according to its tenor upon such publication or upon any later date specified in that behalf in the warrant.]

This section was substituted for the former s. 614 (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of Cook Islands Amendment Act 1966.

615. Law of England as in the year 1840 to be in force in the Cook Islands - The law of England as existing on the 14th day of January in the year 1840 (being the year in which the Colony of New Zealand was established) shall be in force in the Cook Islands, save so far as inconsistent with this Act or inapplicable to the circumstances of those islands:

Provided that no Act of the Parliament of England or of Great Britain or of the United Kingdom passed before the said 14th day of January in the year 1840 shall be in force in the Cook Islands unless and except so far as it is in force New Zealand at the commencement of this Act.

616. Jurisdiction of the High Court - For the purposes of the last preceding section all rules of common law or equity relating to the jurisdiction of the superior Courts of common law and of equity in England shall be construed as relating to the jurisdiction of the High Court of the Cook Islands.

617. Common law and equity to be administered concurrently - All Courts in the Cook Islands shall within the limits of their jurisdiction administer common law and equity concurrently, and in all cases in which there is any conflict between common law and equity with reference to the same matter the rules of equity shall prevail.

618. Statute law of New Zealand not applicable to Cook Islands - Save so far as otherwise expressly provided, the statute law of New Zealand, whether enacted before or after the commencement of this Act, shall not be in force in the Cook Islands.

In addition to the Acts referred to in ss. 349A, 350, and 622-640 of this Act, the following enactments are also in force in the Cook Islands:

The Incorporated Societies Act 1908; see s. 5 of the Cook Islands Amendment Act 1952.

The Industrial and Provident Societies Act 1908; see s. 57 of the Finance Act (No. 2) 1948, reprinted infra.

The New Zealand National Airways Act 1945; see s. 3 of that Act and s. 4 of the New Zealand Laws Act 1966 of the Cook Islands.

The International Air Services Licensing Act 1947; see s. 24A of that Act (as inserted by s. 7 of the International Air Services Licensing Amendment Act 1965).

The Treaties of Peace (Italy, Roumania, Bulgaria, Hungary, and Finland) Act 1947; see s. 3 of that Act.

The British Nationality and New Zealand Citizenship Act 1948; see s. 33 of that Act and s. 4 of the New Zealand Laws Act 1966 of the Cook Islands.

The Government Superannuation Fund Act 1956; see the definition of the term "Government service" in s. 2 (l ) of that Act.

The Diplomatic Privileges (Customs Co-operation Council) Order 1963 ( S.R. 1963/69/15).

The Decimal Currency Act 1964; see s. 3 (a) of that Act and s. 4 of the New Zealand Laws Act 1966 of the Cook Islands.

In the enforcement of Commonwealth maintenance orders in New Zealand, the Cook Islands are deemed to be Commonwealth countries not forming part of New Zealand; see s. 61 (2) of the Domestic Proceedings Act 1968.

As to the removal of Cook Islands companies from the register, see s. 336A of the Companies Act 1955, reprinted 1976, Vol. 4.

In addition the following enactments have been extended to the Cook Islands as part of the law of those Islands by New Zealand Laws Act 1966 (No. 8) (as enacted by the Legislative Assembly of the Cook Islands) (see ss. 4 and 5 of that Act):

The Customs Amendment Act 1965 and Parts I and III of the Customs Acts Amendment Acts 1965.

619. When enactment in force in Cook Islands, amendments and regulations to be in force also - (1) [Subject to the provisions of the Constitution] when any [enactment] of the Parliament of New Zealand is in force in the Cook Islands, every existing or future amendment of that [enactment], and all existing or future regulations, rules, Orders in Council, and other acts of authority in force under any such [enactment], shall so far as applicable, and with all necessary modifications, be or become also in force therein, except where otherwise expressly provided.

(2) Notwithstanding anything in this section [but subject to the provisions of the Constitution], rules of Court in force in New Zealand under any [enactment] which is in force in the Cook Islands shall not themselves be in force in the Cook Islands unless it is expressly so provided.

In subs. (1) the words in the first set of square brackets were substituted for the words "Subject, in relation to the Cook Islands other than Niue, to the provisions of the Constitution" (as inserted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

In subss. (1) and (2) the word "enactment" was substituted for the word "Act" by s. 93 (1) of the Cook Islands Amendment Act 1957.

In subs. (2) the words in the first set of square brackets were substituted for the words "but subject, in relation to the Cook Islands other than Niue, to the provisions of the Constitution" (as inserted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

620. Other enactments in force in Cook Islands to be read subject to this Act - [Every enactment] of the Parliament of New Zealand which by virtue of this Act is in force in the Cook Islands shall, in its application to those islands, be read subject to the provisions of this Act, and subject also to all modifications necessary for such application.

The words in square brackets were substituted for the words "Every Act” by s. 93 (2) of the Cook Islands Amendment Act 1957.

621. Criminal procedure in Cook Islands - In every enactment in force in the Cook Islands every reference to the trial of offences by way of indictment or by way of summary proceedings shall, in the application of that enactment to the Cook Islands, be construed as a reference to the trial of such offences by the High Court in the ordinary course of its criminal jurisdiction and procedure.

622. Acts Interpretation Act in force in Cook Islands - (1) [The Acts Interpretation Act 1924] shall extend to and be in force in the Cook Islands.

(2) Notwithstanding anything to the contrary in [the Acts Interpretation Act 1924], the term “New Zealand” as used in any Act, whether now in force in New Zealand or hereafter to be passed, shall not include the Cook Islands, except where a contrary intention appears.

(3) This subsection amended s. 5 of the Acts Interpretation Act 1908, which Act is now repealed.

[(4) The Acts Interpretation Act 1924 shall, so far as applicable and subject to this Act; apply to all Acts of the Legislative Assembly and to all Ordinances and bylaws, whether made before or after the commencement of this subsection, in the same manner as it applies to Acts of the Parliament of New Zealand.]

In subss. (1) and (2) the Acts Interpretation Act 1924, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Acts Interpretation Act 1908.

Subs. (4) was substituted for the original subs. (4) by s. 3 (1) of the Cook Islands Amendment Act 1965.

624. Arbitration Act in force in Cook Islands - (1) The Arbitration Act 1908 shall extend to and be in force in the Cook Islands, with the following modifications.

(2) Every reference in that Act to the Supreme Court shall be read as a reference to the High Court, and every reference to New Zealand shall be read as a reference to the Cook Islands.

(3) Rules for the purpose of giving effect to the said Act in the High Court may be made in the same manner as other rules regulating the practice and procedure of that Court.

625. Bills of Exchange Act in force in Cook Islands - (1) The Bills of Exchange Act 1908 shall extend to and be in force in the Cook Islands.

(2) In the application of that Act to the Cook Islands any reference to New Zealand shall be read as a reference to the Cook Islands.

626. Chattels Transfer Act in force in Cook Islands - (1) [The Chattels Transfer Act 1924] shall extend to and be in force in the Cook Islands, with the following modifications.

(2) In the application of that Act to the Cook Islands every reference to the Supreme Court shall be read as a reference to the High Court, and every reference to a Justice of the Peace shall be read as a reference to a judge of the High Court.

[(3) Instruments in respect of goods situated in any part of the Cook Islands shall be registered in the office of the Registrar of the High Court at Rarotonga.]

In subs. (1) the Chattels Transfer Act 1924, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Chattels Transfer Act 1908.

Subs. (3) was substituted for the original subs. (3) by s. 2 (1) of the Cook Islands Amendment Act 1966.

627. Copyright Act in force in Cook Islands - (1) [The Copyright Act 1962] shall apply to the Cook Islands in the same manner in all respects as if the Cook Islands were for all purposes part of New Zealand, and the term "New Zealand” as used in that Act shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands accordingly.

(3) Offences punishable on summary conviction under that Act shall, if committed in the Cook Islands, be punishable by the High Court in the ordinary course of its criminal jurisdiction.

In subs. (1) the Copyright Act 1962, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Copyright Act 1913.

628. Deaths by Accidents Compensation Act in force in Cook Islands - (1) [The Deaths by Accidents Compensation Act 1952] shall extend to and be in force in the Cook Islands.

(2) All proceedings in the Cook Islands under that Act shall be taken and prosecuted in the High Court in the ordinary course of its civil jurisdiction.

In subs. (1) the Deaths by Accidents Compensation Act 1952, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Deaths by Accidents Compensation Act 1908.

629. Demise of the Crown Act in force in Cook Islands - (1) The Demise of the Crown Act 1908 shall extend to and be in force in the Cook Islands.

(2) The term "New Zealand" as used in that Act shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands.

630. Parts of Infants Act in force in Cook Islands - (1) Part I and Part II of the Infants Act 1908 (relating to the guardianship, custody, contracts, and wills of infants) shall extend to and be in force in the Cook Islands.

(2) Every reference in that Act to the Supreme Court shall, in its application to the Cook Islands, be construed as a reference to the High Court.

Part I of the Infants Act was repealed by s. 35 (1) of the Guardianship Act 1968 and Part II was repealed by s. 19 (1) of the Minors’ Contracts Act 1969.

631. Marine Insurance Act in force in Cook Islands - The Marine Insurance Act 1908 shall extend to and be in force in the Cook Islands.

632. Mercantile Law Act in force in Cook Islands - (1) The Mercantile Law Act 1908 shall extend to and be in force in the Cook Islands.

(2) Both in the application of that Act to the Cook Islands and in its application to New Zealand the term “New Zealand” as used in that Act shall be deemed to include the Cook Islands as being part of New Zealand.

634. Partnership Act in force in Cook Islands - (1) The Partnership Act 1908 shall extend to and be in force in the Cook Islands.

(a) Every reference to the Supreme Court shall be read as a reference to the High Court:

(b) Every reference to a Justice of the Peace shall be read as a reference to a Judge of the High Court:

(c) Every reference to an indictable offence shall be read as a reference to an offence punishable by the High Court in the ordinary course of its criminal jurisdiction.

635. Patents Act, Designs Act, Trade Marks Act, and Merchandise Marks Act in force in Cook Islands - (1) [The Patents Act 1953, the Designs Act 1953, the Trade Marks Act 1953, and the Merchandise Marks Act 1954] shall apply to the Cook Islands in the same manner in all respects as if the Cook Islands were for all purposes part of New Zealand, and the term “New Zealand” as used in [those Acts] shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands accordingly.

(3) Offences punishable on summary conviction under [those Acts] shall, if committed in the Cook Islands, be punishable by the High Court in the ordinary course of its criminal jurisdiction.

(4) All patents in force in New Zealand at the commencement of this Act shall extend to and be in force in the Cook Islands in the same manner as in New Zealand.

(5) All designs and trade marks registered in New Zealand at the commencement of this Act shall have the same protection in the Cook Islands as in New Zealand.

In subs. (1) the words in the first set of square brackets were substituted for the words "The Patents, Designs, and Trade Marks Act 1911” by s. 23 (2) (a) of the Merchandise Marks Act 1954; and in subss. (1) and (3) the words "those Acts" were substituted for the words "that Act" by s. 23 (2) (b) of that Act.

636. Post Office Act in force in Cook Islands - (1) [The Post Office Act 1959] shall apply to the Cook Islands in the same manner in all respects as if those islands were for all purposes part of New Zealand, subject, however, to the following modifications.

(2) Every offence against that Act committed in the Cook Islands shall be punishable in those islands by the High Court in the ordinary course of its criminal jurisdiction.

(3) All powers conferred upon a Magistrate by that Act may be exercised in the Cook Islands by the High Court.

(4) The term "New Zealand" as used in that Act shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands.

In subs. (1) the Post Office Act 1959, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Post and Telegraph Act 1908. By the New Zealand Laws Act 1966 of the Cook Islands, the Post Office Amendment Act 1965 was declared to extend to the Cook Islands as part of the law of the Cook Islands.

637. Property Law Act in force in Cook Islands - (1) [The Property Law Act 1952] shall extend to and be in force in the Cook Islands.

(a) Every reference to the Supreme Court shall be read as a reference to the High Court:

(b) Every reference to a Judge shall be read as a reference to a Judge of the High Court:

(d) Every reference to a Registrar of the Supreme Court shall be read as a reference to a Registrar of the High Court.

In subs. (1) the Property Law Act 1952, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Property Law Act 1908. By the New Zealand Laws Act 1966 of the Cook Islands, the Property Law Amendment Act 1965 was declared to extend to the Cook Islands as part of the law of the Cook Islands.

638. Sale of Goods Act in force in Cook Islands - (1) The Sale of Goods Act 1908 shall extend to and be in force in the Cook Islands, subject to the following modifications.

(2) Section 6 of the said Act shall not be in force in the Cook Islands, and no contract for the sale of goods shall in those islands be unenforceable because of the want of any note or memorandum in writing.

(3) Section 24 of the said Act (relating to sales in market overt) shall not be in force in the Cook Islands.

S. 6, referred to in subs. (2), was repealed by s. 4 of the Contracts Enforcement Act 1956.

639. Trustee Act in force in Cook Islands - (1) [The Trustee Act 1956] shall extend to and be in force in the Cook Islands, subject to the following modifications.

(2) Every reference in the said Act to New Zealand shall be construed as a reference to the Cook Islands, and every reference to the Supreme Court shall be construed as a reference to the High Court.

(3) Every reference in the said Act to the Registrar of the Supreme Court for any judicial district shall be construed as a reference to any Registrar of the High Court.

In subs. (1) the Trustee Act 1956, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Trustee Act 1908.

640. Wills Act Amendment Act 1852 in force in Cook Islands - The Imperial Act the Short Title of which is the Wills Act Amendment Act 1852 (15 and 16 Victoria, chapter 24) shall extend to and be in force in the Cook Islands.

See s. 615 of this Act as to the Wills Act 1837 and other United Kingdom Acts in force on 14 January 1840.

[640A. Merchant Shipping Act (U.K.) not to apply to Cook Islands - (1) It is hereby declared that the United Kingdom Merchant Shipping Act does not form part of the law of the Cook Islands.

(2) In this section the term "United Kingdom Merchant Shipping Act" means the Act of the United Kingdom Parliament intituled the Merchant Shipping Act 1894; and includes all other Acts of the United Kingdom Parliament that are to be construed as one with that Act; and also includes all Orders in Council and Proclamations under any such Act, and all other rules, regulations, or notices made or given by any United Kingdom authority under any such Act.

This section was inserted by s. 13 (1) of the Cook Islands Amendment Act 1962. See s. 13 (2) of that Act.

641. Limitation of actions - (1) The law of the Cook Islands as to prescription and the limitation of actions shall be the same as that which is in force for the time being in New Zealand.

(2) For the purposes of the law as toprescription and the limitation of actions New Zealand shall in the Cook Islands be deemed to be parts beyond the seas, and the Cook Islands shall in New Zealand be deemed to be parts beyond the seas.

(3) No right, title, estate, or interest in Native land shall be acquired or lost by prescription or limitation.

(4) For the purposes of the law of prescription and the limitation of actions no account shall be taken of time which has elapsed before the commencement of this Act.

As to the law in New Zealand regarding limitation of actions, see the Limitation Act 1950.

642. Legal status of married women - (1) Save where otherwise provided by this Act, the legal capacity of a married woman, whether contractual, proprietary, testamentary, or of any other kind whatsoever, shall be the same as that of an unmarried woman.

(2) Save in respect of intestate succession, marriage shall not confer on either party thereto any rights to or in respect of the property of the other.

(3) The rule of the common law that for certain purposes a husband and wife are deemed to be one person only is for all purposes hereby abolished.

(4) A husband shall not be responsible, as such, for torts committed by his wife.

(5) Nothing in this section shall affect the validity or operation of a restraint on anticipation.

643. Joint liability - A judgment against one or more of several persons jointly or jointly and severally liable shall not operate as a bar or defence to an action or other proceedings against any of such persons against whom judgement has not been recovered, except to the extent to which the judgement has been satisfied, any rule of law notwithstanding.

644. Contracts of guarantee - No special promise by any person to answer for the debt, default, or miscarriage of another person, being in writing and signed by the party to be charged therewith or some other person lawfully authorised by him, shall be deemed invalid to support an action or other proceeding to charge the person by whom such promise was made by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document.

645. Contracts by Natives - The jurisdiction of the High Court or of any other Court in the Cook Islands to enforce any contract made by a Native (other than a contract of alienation of Native land duly confirmed by [the Land Court]) shall be discretionary; and if the Court is of opinion, having regard to the interests of the Native, that the contract is oppressive, unreasonable, or improvident, the Court may either refuse to enforce the contract or may enforce it only to such extent and on such terms as the Court thinks fit.

The reference to the Land Court was substituted for a reference to the Native Land Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

646. Securities given by Natives - No security given by a Native over any property shall be enforceable, whether by the exercise of a power of sale or otherwise, without the leave of the High Court.

As to the assignment of money from land vested in trustees, see s.14 (2) of the Cook Islands Amendment Act 1960.

647. Employer's liability - When in any action for damages the cause of action depends on the negligence of a servant of the defendant, it shall be no defence that the plaintiff was engaged in common employment with that servant.

648. Liability of owners of dogs - In any action for damages for the act of a dog in attacking a human being or any animal, it shall be no defence that the defendant had no knowledge of the dangerous or mischievous character of the dog.

649. Distress for rent abolished - (1) Notwithstanding anything to the contrary in any Act, or in any rule of law or in any lease to the contrary, it shall not be lawful for any person to distrain for rent.

650. Calendar of the Cook Islands - The calendar in the Cook Islands shall be one day behind the calendar in New Zealand, so that the 1st day of January in the Cook Islands shall be that day which is coincident for the most part of its duration with the 2nd day of January in New Zealand, and so on from day to day throughout the year, and so that Sunday in the Cook Islands shall be that day which is coincident for the most part of its duration with Monday in
New Zealand, and so on from day to day throughout the week.

[651. Time of day in Cook Islands - (1) The hour of the day in each of the islands included in the Cook Islands...... shall be determined as if each island were situated on the meridian 157 degrees 30 minutes west of Greenwich.]

This section was substituted for the original s. 651 by s. 3 of the Cook Islands Amendment Act 1952.

In subs. (1) the words "other than Niue" were omitted by s. 2(1) of the Cook Islands Amendment Act 1966.

652. Statutory references to time - All references to time in any enactment in force or which may hereafter be in force in the Cook Islands shall in respect of the application of that enactment to the Cook Islands be construed in accordance with the calendar of the Cook Islands as established by this Act.

653. Statutory declarations - (1) Any judge or Registrar of the High Court or of [the Land Court] [or any Judge of [[the Land Appellate Court]] ], or [the High Commissioner, or any] Resident Agent, Collector of Customs, Medical Officer, Commissioner of the Supreme Court, or Solicitor of the Supreme Court, may in the Cook Islands take and receive in any matter the declaration of making the same before him in the form in the Second Schedule to this Act.

(2) If any declaration so made is false in any material particular, the person wilfully making such false declaration shall be guilty of an offence punishable by imprisonment for 2 years.

(3) Any declaration made in the Cook Islands under and in accordance with this section shall be deemed to be a statutory declaration within the meaning of that term as used in any enactment in force in the Cook Islands or in New Zealand.

In subs. (1) the references to the Land Court and Land Appellate Court were substituted for references to the Native Land Court and the Native Appellate Court by s. 57 (4) of the Cook Islands Amendment Act 1964.

In subs. (1) the words in the second set of single square brackets (as now amended by s. 57 (4) of the Cook Islands Amendment Act 1964) were inserted by s. 53 of the Cook Islands Amendment 1964.

In subs. (1) the words in the third set of single square brackets were substituted for the words "the High Commissioner, the Resident Commissioner, or any" (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

[653A. Execution of documents in Cook Islands for use in New Zealand - Where in any enactments (whether in force in the Cook Islands or not) it is provided that any document executed outside New Zealand shall be admissible in New Zealand before any Court or any person acting judiciary or be accepted for registration or deposit in New Zealand if the execution thereof is witnessed by a notary public, Commonwealth representative, Consular officer, or overseas representative of the Government of New Zealand, or any person holding any other specified office, it shall be a sufficient compliance with that provision, in the case of a document executed in the Cook Islands, if the execution is witnessed by the High Commissioner or by a Judge, or Commissioner, or a Registrar of the High Court.]

654. Taxes on Native land - All taxes imposed by any Act, Ordinance, or other lawful authority upon Native land or upon any person in respect of the ownership or occupation of Native land shall constitute a charge upon that land.

655. Bankruptcy - (1) Bankruptcy in New Zealand shall have the same effect in respect to property situated in the Cook Islands as if that property was situated in New Zealand.

(2) Nothing in this section shall apply to the interest of a Native [or descendant of a Native] in Native land or to the interest of any person in customary land.

In subs. (2) the words in square brackets were inserted by s. 11 (3) of the Cook Islands Amendment Act 1950.

656. Warrants of arrest - (1) Except where other provision is made by law in that behalf, any warrant for the arrest of any person in the Cook Islands may be directed either to any constable or other person by name, or generally to the constables of the Cook Islands or of any island included therein.

(2) When such a warrant is directed to constables generally, any such constable may execute the warrant in like manner as if it was directed specially to him by name.

(3) Any such warrant may be granted and executed on a Sunday, and either by day or night.

(4) Every such warrant shall name or otherwise describe the person against whom it is issued.

(5) It shall not be necessary to make such warrant returnable at any particular time, but it may remain in full force until executed.

657. Trespass ab initio - No lawful entry, seizure, arrest, or other act shall by reason of any unlawful act subsequent thereto be deemed to have been a trespass ab initio.

[657A. Certain officers to take Oath of Allegiance and Judicial Oath - (1) The oath in this section referred to as the Oath of Allegiance shall be in the form following, that is to say:

"I,...................., swear 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. So help me God”

(2) The oath in this section referred to as the Judicial Oath shall be in the form following, that is to say:

"I,...................., swear that I will well and truly serve Her [or His] Majesty [Specify as above], Her [or His] heirs and successors, according to law, in the office of .........; and I will do right to all manner of people after the laws and usages of the Cook Islands, without fear or favour, affection or ill will. So help me God."

(3) Every person required to take the Oath of Allegiance and the Judicial Oath shall be entitled as of right to make his affirmation, instead of taking an oath.

(4) Every such affirmation shall be as follows: “I,............, sincerely promise and affirm", and shall then proceed with the words of the oaths prescribed by this subsections (1) and (2) of this section, omitting any words of imprecation or calling to witness.

(5) The Oath of Allegiance and the Judicial Oath shall be taken by each of the following officers (being persons appointed to those offices after the commencement of this section) as soon as may be after his acceptance of office:

(i) Every person holding an office by virtue of which he is a Magistrate within the meaning of section 278 of this Act:

(6) The oaths to be taken under this section may be taken either in the Cook Islands or in New Zealand, and shall be taken before the following persons in such manner as the person administering the oath sees fit to adopt:

[[(d) In the case of any Magistrate within the meaning of section 278 of this Act or of any Sheriff, before the Chief Judge or any other Judge of the High Court or the High Commissioner, or before any other person specified by the High Commissioner in any particular case.]]

(e) Substituted by s. 3 (1) of the Cook Islands Amendment Act 1965, and repealed by s. 2 (1) of the Cook Islands Amendment Act 1966.

(7) If any person mentioned in subsection (5) of this section declines or neglects, when the oaths required to be taken by him under this section 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 has failed to take the oaths prescribed by this section.]

In subs. (6), para. (d) was substituted for the former para. (d) (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

658. Repeal of all existing laws of the Cook Islands - (1) So far as the Parliament of New Zealand has authority and jurisdiction in that behalf, and save so far as otherwise expressly provided in this Act, all Acts, Ordinances, regulations, and other enactments and laws whatsoever (including Native customs and usages so far as they may have the force of law) now in force in the Cook Islands or in any part thereof are, so far as there in force, hereby repealed and abolished.

(2) Nothing in this section shall extend or apply to the Customs Act 1913 or the Customs Duties Act 1908 or their amendments, or to any regulations or other acts of authority originating under those Acts.

(3) Notwithstanding anything in this section, all Ordinances of the Federal Council or of any Island Council, and all Acts of the former Parliament of the Cook Islands, which are at the commencement of this Act in force in the Cook Islands or any part thereof shall, so far as consistent with this Act, remain in force until the 1st day of July 1916 and no longer, but they may at any earlier time be repealed in respect of any island by an Ordinance of the Island Council or by Order in Council.

(4) Section 20 of [the Acts Interpretation Act 1924] (relating to the repeal of Acts) shall extend and apply to all Acts, Ordinances, regulations, enactments, and laws repealed or abolished by or in pursuance of this section.

(5) On the abolition of any Court of justice in the Cook Islands by or in pursuance of this Act all proceedings then pending in that Court, whether civil or criminal, may be continued and completed (save so far as other provision is made in that behalf by this Act) in the High Court in accordance with the ordinary procedure of that Court so far as may be and with all necessary modifications; and all judgments, orders, convictions, sentences, and other judicial acts theretofore given, made, or done by the Court so abolished shall remain in full force and effect, and shall (save so far as other provision is made by this Act in that behalf) have the same operation as if given, made, or done by the High Court with full authority, and may be executed and enforced accordingly.

In subs. (4), the Acts Interpretation Act 1924, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Acts Interpretation Act 1908.

659. Enactments specifically repealed - Without limiting the generality of the last preceding section, the enactments mentioned in the Third Schedule hereto are hereby repealed to the extent indicated in that Schedule.

660. Validation of Ordinances - (1) No Ordinance of the Federal Council or of any Island Council which has been consented to by the Governor-General before the passing of this Act, or which may be consented to by the Governor-General before the commencement of this Act, shall in any Court or in any proceedings (whether pending at the passing of this Act or commenced thereafter) be questioned or held invalid because of any defect in the constitution of the Federal Council, or of any Island Council, or in the procedure by which the Ordinance was passed; and all such Ordinances shall be deemed to be and at all times to have been in full force and effect notwithstanding any such defect.

(2) This section shall, notwithstanding anything to the contrary hereinbefore contained, come into operation on the passing of this Act.

A LINE commencing at a point at the intersection of the 23rd degree of south latitude and the 156th degree of longitude west of Greenwich, and proceeding due north to the point of intersection of the 8th degree of south latitude and the 156th degree of longitude west of Greenwich; thence due west to the point of intersection of the 8th degree o south latitude and the 167th degree of longitude west of Greenwich; thence due south to the point of intersection of the 17th degree of south latitude and the 167th degree of longitude west of Greenwich; thence due west to the point of intersection of the 17th degree of south latitude and the 170th degree of longitude west of Greenwich; thence due south to the point of intersection of the 23rd degree of south latitude and the 170th degree of longitude west of Greenwich; and thence due east to the starting point at the intersection of the 23rd degree of south latitude and the 156th degree of longitude west of Greenwich.

I, A. B. [Insert place of abode and occupation or description], do so solemnly and sincerely declare that [Insert facts]. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the Parliament of New Zealand entitled the Cook Islands Act 1915.

Declared at ........................ in the Cook Islands this ........................ day of

Judge of the High Court of the Cook Islands [or [High Commissioner of the Cook Islands], Collector of Customs, Medical Officer of the Cook Islands, Solicitor of the Supreme Court of New Zealand, or otherwise as the case may be].

The words in bold square brackets were substituted for the words "High Commissioner of the Cook Islands, Resident Commissioner of Niue" (as substituted by s. 3 (1) of the Cook Islands Amendment Act 1965) by s. 2 (1) of the Cook Islands Amendment Act 1966.

Title of Enactment	Extent of Repeal
The Cook Islands Government Act 1908	The whole Act.
The Customs Act 1913 ...... .....	Section 304.
The Licensing Act 1908 ...... .....	Section 274 to 283.

New Zealand Consolidated Legislation

Cook Islands Act 1915