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Tokelau Amendment Act 1970

THE TOKELAU AMENDMENT ACT 1970
1970, No. 41

An Act to amend the Tokelau Act 19481

[13 November 1970

1. Short Title - This Act may be cited as [the Tokelau Amendment Act 1970], and shall be read together with and deemed part of [the Tokelau Act 1948] (hereinafter referred to as the principal Act).

The word "Islands" was omitted from the Short Titles of the Tokelau Act 1948 and the Tokelau Amendment Act 1970 by s. 2 (3) and s. 2 (2) respectively of the Tokelau Amendment Act 1976.

PART I
CIVIL AND CRIMINAL JURISDICTION

2. Commencement - This Part of this Act shall come into force on a date to be appointed for its commencement by the Governor-General, by Order in Council.

This Part came into force on 1 December 1975. See S.R. 1975/261.

3. Interpretation - In this Part of this Act, unless the context otherwise requires, "Commissioner" means a Commissioner for Atafu or for Fakaofo or for Nukunonu appointed under section 9 of this Act.

4. High Court of Niue may exercise jurisdiction in Tokelau - (1) The High Court of Niue shall have all jurisdiction, whether civil or criminal, which may be necessary to administer the laws of [Tokelau] in the same manner in all respects as if that jurisdiction had been conferred upon that Court as a separate Court of justice in and for [Tokelau].

(2) In the exercise of the jurisdiction conferred on it by this section, the High Court of Niue may sit either in [Tokelau] or in Niue.

(3) Notwithstanding anything in this Part of this Act, a Commissioner of the High Court of Niue or a Justice of the Peace for Niue appointed under Part III of the Niue Act 1966 shall not exercise any jurisdiction in respect of [Tokelau].

In subs. (1) the first reference to Tokelau and in subss. (2) and (3) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3 (5) of the Tokelau Amendment Act 1976.

In subs. (1) the second reference to Tokelau has been substituted for the expression "the said islands" to be consistent with the change of name from the Tokelau Islands to Tokelau.

5. Civil jurisdiction of Supreme Court extends to Tokelau - The civil jurisdiction of the Supreme Court of New Zealand shall extend to [Tokelau], and may be exercised in New Zealand in respect of [Tokelau] in the same manner in all respects as if [Tokelau was] for all purposes part of New Zealand.

The first reference to Tokelau was substituted for the words "the Tokelau Islands" by s: 3 (5) of the Tokelau Amendment Act 1970; the second reference to Tokelau has been substituted for the expression "those islands", and the words "Tokelau was" have been substituted for the expression "those islands were", to be consistent with the change of name from the Tokelau Islands to Tokelau.

6. Criminal jurisdiction of Supreme Court in respect of Tokelau - (1) The criminal jurisdiction of the Supreme Court of New Zealand shall extend to acts done or omitted in [Tokelau] which are offences against the laws of [Tokelau] and which, if done or omitted in New Zealand, would .e indictable offences, 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) Except in the case of an offence in respect of which, pursuant to the Crimes Act 1961, the Supreme Court has jurisdiction notwithstanding that the offence was committed outside New Zealand, the jurisdiction conferred by subsection (1) of this section shall be exercised only in respect of persons found in New Zealand.

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

(4) The punishment to be imposed by the Supreme Court for any such offence (not being an offence in respect of which, pursuant to the Crimes Act 1961, the Supreme Court has Jurisdiction as aforesaid) shall be that which is provided for that offence by the laws of [Tokelau].

In subss. (1) and (4) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3 (5) of the Tokelau Amendment Act 1976.

7. High Court of Niue may state a case for the Supreme Court - A case may be stated by the High Court of Niue exercising civil or criminal jurisdiction in respect of [Tokelau] for determination by the Supreme Court of New Zealand in the same manner as the High Court may state a case in the exercise of its jurisdiction in respect of Niue.

The word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3 (5) of the Tokelau Amendment Act 1976.

8. Appeal from final judgment of High Court of Niue - An appeal shall lie to the Supreme Court of New Zealand from any final judgment of the High Court of Niue exercising civil or criminal jurisdiction in respect of [Tokelau] in the same manner as from any final judgment of the High Court exercising its jurisdiction in respect of Niue.

The word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3 (5) of the Tokelau Amendment Act 1976.

10. Jurisdiction of Commissioners - (1) A Commissioner shall have jurisdiction-

(a) In actions for the recovery of any debt or damages not exceeding $100 in amount;

(b) In actions for the recovery of chattels not exceeding $100 in value;

(c) In criminal proceedings for any offence punishable by fine only;

(d) In criminal proceedings for any offence punishable by imprisonment for not more than one year.

(2) A Commissioner shall not have power to impose any fine exceeding $20 or to impose any term of imprisonment exceeding 3 months, whatever may be the maximum fine or term of imprisonment provided by law for the offence.

(3) A Commissioner shall have jurisdiction only in respect of the island for which he is appointed.

(4) Save as aforesaid, a Commissioner shall not exercise any of the powers or functions, whether judicial or administrative, of a judge of the High Court of Niue in respect of [Tokelau].

In subs. (4) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3 (5) of the Tokelau Amendment Act 1976.

11. Appeal from Commissioners - Any party to any proceedings, whether civil or criminal, before a Commissioner may appeal from the judgment of the Commissioner to a Judge of the High Court of Niue in the same manner as a party to any proceedings before a Commissioner of that Court may appeal from a judgment of the last-mentioned Commissioner to a Judge of the Court pursuant to the rules of, the Court.

12. Certain Gilbert and Ellice Islands Ordinances not to apply to Tokelau - (1) The following Ordinances of the Gilbert and Ellice Islands Colony shall after the commencement of this Part of this Act cease to have effect as part of the law of [Tokelau]:

(a) The Native Laws Ordinance 1917;

(b) The Native Laws Amendment (Bastardy) Ordinance 1921;

(c) The Native Laws (Divorce) Ordinance 1921;

(d) The Native Laws Amendment Ordinance 1923.

(2) The provisions of sections 20, 20A, and 21 of the Acts Interpretation Act 1924 shall apply with respect to the Ordinances specified in subsection (1) of this section as if they were Acts of the Parliament of New Zealand that had been repealed by that subsection.

In subs. (1) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3 (5) of the Tokelau Amendment Act 1976.

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