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Tokelau Act & Amendment Acts 1948

NEW ZEALAND

REPRINTED ACT
[WITH AMENDMENTS INCORPORATED]

TOKELAU

REPRINTED AS ON 1 OCTOBER 1977

INDEX

Tokelau Act 1948
Tokelau Amendment Act 1963
Tokelau Amendment Act 1967
Tokelau Amendment Act Commencement Order 1968 (S.R 1968/229)
Tokelau Amendment Act 1969
Tokelau Amendment Act 1970
Tokelau Amendment Act 1971
Tokelau Amendment Act 1974
Tokelau Amendment Act Commencement Order 1975 (S.R. 1975/261)
Government Superannuation Fund Amendment Act 1976
Tokelau Amendment Act 1976
Tokelau (Territorial Sea and Fishing Zone) Act 1976

ANALYSIS

THE TOKELAU ACT 1948

Title

Preamble
1. Short Title, Commencement
2. Interpretation
3. Tokelau to form part of New Zealand
4. Regulations for the peace, order and good government of Tokelau
4A. Law of England as in 1840 to be in force in Tokelau
5. Existing laws to continue in force
5A. Common law and equity to be administered concurrently
6. Statute law of New Zealand not applicable to Tokelau
7. When Act in force in Tokelau amendments and regulations to be in force also
7A. Other enactments in force in Tokelau to be read subject to principal Act
8. Acts Interpretation Act in force in Tokelau
9. Act to he administered by Minister of Foreign Affairs

______________________

THE TOKELAU AMENDMENT ACT 1963

Title
1. Short Title
2. Vesting of portion of the islet, of Fenuafala in the native inhabitants of Fakaofo

________________________

THE TOKELAU AMENDMENT ACT 1967

Title

1. Short Title

PART I
THE TOKELAU PUBLIC SERVICE

2. Commencement
3. Interpretation
4. Appointment of employees
5. Exemptions
6. State Services Act 1962 not applicable
7. Delegation of powers
8. Duties of Commission
9. Public Service Regulations
10. Payment of salary and allowances
11. Bonds and deeds of covenant by employees or prospective employees
12. Concurrent offices
13. Employment in New Zealand Government Service and Tokelau Public Service
14. Contribution to Government Superannuation Fund by employees
15. Provisions as to existing employees
16. Consequential Amendments to Government Superannuation Fund Act 1956
17. Repeals

PART II
LAND

18. Interpretation
19. Designation of Land
20. All land in Tokelau (with certain exceptions) vested in Crown, subject to customary title
21. Repealed
22. Control of Crown land by Administrator
23. Saving of existing interests in Tokelauan land
24. Taking of land for public purposes
25. Alienation of land by Tokelauans
26. Certain Gilbert and Ellice Islands Ordinances not to apply to Tokelau

____________________________

THE TOKELAU AMENDMENT ACT 1969

Title

1. Short Title
8. Legitimacy

_____________________________

THE TOKELAU AMENDMENT ACT 1970

Title

1. Short Title

PART I
CIVIL AND CRIMINAL JURISDICTION

2. Commencement
3. Interpretation
4. High Court of Niue may exercise jurisdiction at Tokelau
5. Civil jurisdiction of Supreme Court Extends to Tokelau
6. Criminal jurisdiction of Supreme Court in respect of Tokelau
7. High Court of Niue may state a case for the Supreme Court
8. Appeal from final judgment of High Court of Niue
9. Appointment of Commissioners
9A. Incapacity or absence of Commissioner
10. jurisdiction of Commissioners
11. Appeal from Commissioners
12. Certain Gilbert and Ellice Islands Ordinances not to apply to Tokelau

__________________________

THE TOKELAU AMENDMENT ACT 1976

Title

1. Short Title
2. Alteration of Short Titles of principal Act and amending Acts
3. References to Tokelau Islands in principal Act and other Acts to be read as references to Tokelau

Tokelau Act 1948

THE TOKELAU (TERRITORIAL SEA AND FISHING ZONE) ACT 1976

Title
1. Short Title
2. Interpretation
3. Internal waters
4. The territorial sea.
5. Baseline of the territorial sea
6. Foreshore, bed of internal waters and of territorial sea, vested in the Crown
7. Fishing zone
8. Foreign fishing boats not to engage in fishing within territorial sea of fishing zone
9. Repeal

_________________________________

THE TOKELAU ACT 1948

1948, No. 24

An Act to provide for the incorporation of [Tokelau] as part of New Zealand, and to make provision for [its] government.

[29 October 1948

In the Short Title of this Act the word "Islands" was omitted by s. 2 of the Tokelau Amendment Act 1976, and in the Title the words "Tokelau" and "Its" were substituted for the words "the Tokelau Islands" and "thereof" respectively by s. 3(1)(a) of that Act.

WHEREAS by an Order of His Majesty in Council dated the 29th day of February 1916, and published in the Western Pacific High Commission Gazette on the 5th day of May 1916, certain islands in the Pacific Ocean known as the Tokelau Islands and also known as the Union Islands (hereinafter referred to as [Tokelau] were annexed to His Majesty's dominions, and the boundaries of the Gilbert and Ellice Islands Colony were extended so as to include [Tokelau]: And whereas by an Order of His Majesty a Council cited as the Union Islands (No. 1) Order in Council 1925 the boundaries of the Gilbert and Ellice Islands Colony were altered so as to exclude [Tokelau]: And whereas by an Order of His Majesty in Council cited as the Union Islands (No. 2) Order in Council 1925 the Governor-General of New Zealand was appointed Governor of [Tokelau]: And whereas by an Order of the Governor-General in Council cited as the Union Islands (No. 1 of New Zealand) Order 1926, as amended by subsection (3) of section 3 of the Samoa Amendment Act 1947, the powers and authority of the Governor -General under the Union Islands (No. 2) Order in Council 1925 were delegated to the High Commissioner of Western Samoa: And whereas it has been agreed between His Majesty's Government in the United Kingdom and Her Majesty's Government in New Zealand that it is expedient that [Tokelau] should become part of New Zealand: And whereas by an Order in Council of His Majesty cited as the Union Islands (Revocation) Order in Council 1948 provision has been made for the revocation of the Union islands (No. 2) Order in Council 1925 to take effect on a date to be fixed by Proclamation by the High Commissioner of Western Samoa after he is satisfied that legislation has been enacted by the Parliament of New Zealand providing for the incorporation of [Tokelau] with New Zealand:

The references to Tokelau in square brackets were substituted for references to the Tokelau Islands by s. 3(8) of the Tokelau Amendment Act 1976.

1. Short Title, Commencement-(1) This Act may be cited as [the Tokelau Act 1948].

(2) This Act shall come into force on the 1st day of January 1949.

In subs. (1) the word "Islands" was omitted from the Short Title of the Tokelau Act 1948 by s. 2(2) of the Tokelau Amendment Act 1976.

2. Interpretation-(1) For the purposes of this Act the expression "[Tokelau]" means the islands of Fakaofo, [Nukunonu], and Atafu, together with all small islands, islets, rocks, and reefs depending on them.

[(2) In this Act, unless the context otherwise requires, the term "enactment" includes any Act, Ordinance, regulation, rules, Order in Council, Proclamation, or Warrant of [[the Minister of Foreign Affairs.]] ]

[(3) In this Act, unless the context otherwise requires,-

"Administrator" means the Administrator of [[Tokelau]]:

"Elder" means the head of a Tokelauan family:

"Faipule", in relation to any island, means the chief representative of the Administrator on that island:

"Tokelauan" means a person belonging to the Polynesian race of [[Tokelau]]; and includes a person descended from a Tokelauan.]

In subs. (1 ) and (3) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3 (1) (b) of the Tokelau Amendment Act 1976.
In subs. (1) the word "Nukunonu" was substituted for the word "Nukunono" by s. 2 of the Tokelau Amendment Act 1969.
Subs. (2) was added by s 13 of the Tokelau Amendment Act 1970, and in that subsection the reference to the Minister of Foreign Affairs was substituted for a reference to the Minister of Island Affairs by s 2 (3) (a) of the Tokelau Amendment Act 1974.
Subs. (3) was added by s 2 of the Tokelau Amendment Act 1971. See s. 1 (2) of that Act.
As to subs. (1), in relation to the definition of the term "Tokelau" vesting of portion of the islet of Fenuafala in the native inhabitants Fakaofo, see s. 2 of the Tokelau Amendment Act 1963, and is to the said definition, every island shall be deemed to be a separate for the purpose of determining whether any service is an International air service; see s. 24A (1) of the International Air Services Licensing Act 1947.

3. Tokelau to form part of New Zealand-[Tokelau is] hereby declared to form part of New Zealand.

The words "Tokelau is" were substituted for the words "the Tokelau Islands are" by s. 3(1)(c) of the Tokelau, Amendment Act 1976.

4. Regulations for the peace, order, and good government of Tokelau-(1) In addition to all special powers of making regulations that may be conferred upon the Governor-General by any Act, the Governor-General may from time, by Order in Council, make all such regulation as he thinks necessary for the peace, order, and good government of [Tokelau].

(2) No regulation made under this section shall be of any force or effect so far as it is repugnant to this or an Act of the Parliament of New Zealand in force in [Tokelau] but no such regulation shall be deemed to be repugnant to this Act because it is repugnant to the law as established [Tokelau] by section 5 of this Act, or because it deals a matter already dealt with by this or any other Act; and every such regulation shall have effect according to its tenor except so far as it is inconsistent with any such Act in force in [Tokelau].

(3) The power conferred on the Governor-General section to make regulations for [Tokelau] shall extend to the imposition of tolls, rates, dues, fees, fines, taxes, and other charges.

In subss. (1), (2), and (3) the word "Tokelau" was substituted words "the Tokelau Islands" by s. 3(1)(c) of the Tokelau Amendment Act 1976.
For Census Regulations, see S.R. 1961/88.
For Rhinoceros Beetles Regulations, see S.R. 1964/57.
For Adoption Regulations, see S.R. 1966/160.
For Finance Regulations, see S.R. 1967/40.
For Tokelau (New Zealand Laws) Regulations, see S.R. 1969/109 and the note to s.6.
For Births and Deaths Regulations, see S.R 1969/131.
For Marriage Regulations, see S.R. 1969/132.
For Consular Immunities Regulations, see S.R. 1969/136.
For Administration Regulations, see S.R. 1971/268.
For Divorce Regulations, see S.R. 1975/262.
For Tokelau (New Zealand Laws) Regulations, see S.R. 1975/ 263 and the note to s. 6.
For Crimes Regulations, see S.R 1975/279.
Parts V to VII of the Niue Act 1966 are expressed to be in force in Tokelau; see S.R. 1975/279.

[4.A. Law of England as in 1840 to be in force in Tokelau-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 [[Tokelau]], save so far as inconsistent with this Act or inapplicable to the circumstances of [[Tokelau]]:

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 [[Tokelau]], unless and except so far as it is in force in New Zealand at the commencement of this section.]

This section was inserted by s. 3 of the Tokelau Amendment Act 1969.
The word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(1)(c) of the Tokelau Amendment Act 1976.

5. Existing laws to continue in force-All laws in force in [Tokelau] at the commencement of this Act shall continue in force except so far as they are inconsistent with this or any other Act of the Parliament of New Zealand in force in [Tokelau] or with any regulation in force therein.

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

[5A. Common law and equity to be administered concurrently-Every Court having jurisdiction in [[Tokelau]] shall within the limits of its jurisdiction administer common law and equity concurrently, and in all cases in which there is a conflict between common law and equity with reference to the same matter the rules of equity shall prevail.]

This section was inserted by s. 4 of the Tokelau Amendment Act 1969.
The word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(1)(c) of the Tokelau Amendment Act 1976.

6. Statute law of New Zealand not applicable to Tokelau-Except 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 [Tokelau].

The word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(1)(c) of the Tokelau Amendment Act 1976.
The following New Zealand Acts are expressed to be in force in Tokelau:

The Visiting Forces Act 1939; see s. 7 of that Act.
The United Nations Act 1946; see s. 4 of that Act
The International Air Services Licensing Act 1947; see the definition of "New Zealand" in s. 2 of that Act, and s. 24A.
The British Nationality and New Zealand Citizenship Act 1948; see s. 33(1)(b) of that Act.
The Republic of Ireland Act 1950; see s.4 (1)(b) of that Act.
The Republic of India Act 1950; see s. 3(1)(b) of that Act.
The Treaty of Peace (Japan) Act 1951; see s. 3 of that Act.
The Official Secrets Act 1951; see s. 17(1) of that Act.
The Patents Act 1953; see s. 118 of that Act.
The Designs Act 1953; see s. 50 of that Act.
The Trade Marks Act 1953; see s. 86 of that Act.
The Merchandise Marks Act 1954; see s. 23(1) of that Act.
The Geneva Conventions Act 1958; see s 10(1) of that Act.
The Republic of Ghana Act 1960; see s. 3(1)(b) of that Act.
The Republic of Cyprus Act 1961; see s. 5(1) that Act.
The Copyright Act 1962; see s. 65 of that Act.
The Republic of Nigeria Act 1963; see s. 3(1)(b) of that Act.
The Malaysia Act 1963; see s. 3(1)(b) of that Act.
The Uganda Act 1964; see s. 3(1)(b) of that Act.
The Decimal Currency Act 1964; see s. 3(1)(b) of that Act.
The Civil Aviation Act 1964; see s 28 of that Act.
The Republic of Zambia Act 1965; see s. 3(1)(b) of that Act.
The Republic of Kenya Act 1965; see s. 3(1)(b) of that Act.
The Republic of Tanzania Act 1966; see s. 5(1)(b) of that Act.
The Republic of Singapore Act 1966 ; see s. 3(1)(b) of that Act.
The Republic of Malawi Act 1966; see s. 3(1)(b) of that Act.
The Lesotho Act 1967; see s. 3(1)(b) of that Act.
The Republic of Botswana Act 1967; see s. 3(1)(b) of that Act.
The Carriage by Air Act 1967; see s. 3(2) of that Act.
The Swaziland Act 1968; see s 3(1)(b) of that Act.
The Diplomatic Privileges and Immunities Act 1968; see s.25(1) of Act.
The Republic of Nauru Act 1969; see s. 3(1)(b) of that Act.
The Republic of Guyana Act 1970; see s. 3(1)(b) of that Act.
The Republic of The Gambia Act 1970; see s. 3(1)(b) of that Act.
The Tonga Act 1970; see s. 3(1)(b) of that Act.
The Consular Privileges and Immunities Act 1971; see s. 12(1) of that Act.
The Republic of Sierra Leone Act 1971; see s. 3(1)(b) of that Act.
The Republic of Bangladesh Act 1972; see s. 5(1)(b) of that Act.
The Republic of Sri Lanka Act 1972; see s. 3(1)(b) of that Act.
The Royal Titles Act 1974; see s. 3(1) of that Act.
The Seal of New Zealand Act 1977; see s. 7(3) of that Act.

In the enforcement of Commonwealth maintenance orders in New Zealand, Tokelau is deemed to be a Commonwealth country not forming part of New Zealand; see s. 61(2) of the Domestic Proceedings Act 1968.
The Diplomatic Immunities (Western Samoa Trade and Development Commissioner) Order 1967 is expressed to be in force in Tokelau; see SR. 1967/110.
The Consular Immunities Regulations 1969 is expressed to he in force in Tokelau; see S.R. 1969/136/4
In the Tokelau (New Zealand Laws) Regulations 1969 (S.R. 1969/14) the following New Zealand enactments are expressed to be in force in Tokelau:

Part III of the Administration Act 1952; see regulation 2.
The Atomic Energy Act 1945, excepts. S.5A; see regulation 3.
The Bills of Exchange Act 1908; see regulation 4.
The Carriers Act 1948, except s. 3(2); see regulation 5.
The Commissions of Inquiry Act 1908; see regulation 6.
The Deaths by Accidents Compensation Act 1952; see regulation 7.
The Demise of the Crown Act 1908; see regulation 8.
The Mercantile Law Act 1908; see regulation 9.
The Partnership Act 1908; see regulation 10.
The Post Office Act 1959, except Parts XIII to XVI; see regulation 11.
The Property Law Act 1952; see regulation 12.
The Sale of Goods Act 1908; see regulation 13.
Parts I and II of the Sea Carriage of Goods Act 1940; see regulation 14.
The Treaties of Peace (Italy, Roumania, Bulgaria, Hungary, and Finland Act 1947; see regulation 15.

As to Regulations and Ordinances ceasing to form part of the law Tokelau, see regulation 16 of S.R. 1969/109.
In the Tokelau (New Zealand Laws) Regulations 1975 (S.R. 1975/263), the following New Zealand enactments are expressed to be in force in Tokelau:

The Arbitration Act 1908; see regulation 2.
The Chattels Transfer Act 1924; see regulation 3.
The Marine Insurance Act 1908; see regulation 4.
The Marine Pollution Act 1974; see the provisions in regulation 5.
The Trustee Act 1956; see regulation 6.
The Western Samoa Act 1961, s 5; see regulation 7.
Parts V to VII of the Niue Act 1966 are expressed to be in force in Tokelau, see S.R. 1975/279/2.
As to Regulations and Ordinances ceasing to form part of the law of Tokelau, see regulation 8 of S.R. 1975/263.

7. When Act in force in Tokelau, amendments and regulations to be in force also-When any [enactment] of the Parliament of New Zealand is in force in [Tokelau], 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], and every Act passed in substitution for 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.

The word "enactment", wherever it occurs, was substituted for the word "Act" by s. 14 of the Tokelau Amendment Act 1970.
The word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(1)(c) of the Tokelau Amendment Act 1976.

[7A. Other enactments in force in Tokelau to he read subject to principal Act-Except where otherwise expressly provided, every enactment of the Parliament of New Zealand which by virtue of this Act or any other enactment is in force in [[Tokelau]], and all regulations, rules, Orders in Council, and other acts of authority under that enactment that are in force in [[Tokelau]], shall, in their application to [[Tokelau]], be read subject to the provisions of this Act, and subject also to all modifications necessary for such application.]

This section was inserted by s. 15 of the Tokelau Amendment Act 1970.
The word "Tokelau" was substituted for the words "the Tokelau Island" by s.3(1)(c) of the Tokelau Amendment Act 1976.

8. Acts Interpretation Act in force in Tokelau-(1) The Acts Interpretation Act 1924, so far as it is applicable, shall extend to and be in force in [Tokelau], and shall apply to Orders in Council and to regulations in the same manner as to Acts of Parliament.

(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 [Tokelau], except where a contrary intention appears.

(3) This subsection amended s. 4 of the Acts Interpretation Act 1924, reprinted 1966, Vol. 3, p. 1981.

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

[9. Act to be administered by Minister of Foreign Affairs-The Minister of Foreign Affairs shall be charged with administration of this Act.]

This section was substituted for the former s.9 (as substituted by s. 8 of the Maori and Island Affairs Department Act 1968) by s. 2(1) of Tokelau Amendment Act 1974.

____________________________

THE TOKELAU AMENDMENT ACT 1963

1963, No. 15

An Act to amend [the Tokelau Act 1948]

[2 October 1963

1. Short Title-This Act may be cited as [the Tokelau Amendment Act 1963], and shall be read together with and deemed part of [the Tokelau Act 1948].

The word "Islands" was omitted from the Short Titles of the Tokelau Act 1948 and the Tokelau Amendment Act 1963 by s 2 (3) and s. 2(2) respectively of the Tokelau Amendment Act 1976.

2. Vesting of portion of the islet of Fenuafala in the native inhabitants of Fakaofo-Whereas that portion of the islet, Fenuafala (which islet forms part of the atoll of Fakaofo ([Tokelau]), containing 53 acres and one rood more less, which is more particularly delineated on a series of plans of the islet of Fenuafala made on the 28th day of July 1962, and lodged in the office of the Administrator [Tokelau] at Apia, Western Samoa, as [Tokelau] plans numbers 2 to 6, and thereon coloured in outline red (hereinafter referred to as the said land) was purchased the Crown from money subscribed in part by the native inhabitants of the atoll of Fakaofo and in part by Crown for the purpose of providing a village area for the inhabitants: And whereas it is expedient that the said land be vested in those inhabitants for that purpose: Be it therefore enacted as follows:

Notwithstanding anything in any other enactment, the whole of the said land excluding only the several parts thereof set apart for public use (as shown on the said plans and thereon coloured in outline blue) is hereby vested in the native inhabitants of the atoll of Fakaofo as a village area, to he held by them and their descendants according to their native customs and usages.

The references to Tokelau were substituted for references to the Tokelau Islands by s.3(8) of the Tokelau Amendment Act 1976.

____________________________________

THE TOKELAU AMENDMENT ACT 1967

1967, No. 38

An Act to amend [the Tokelau Act 1948]

[26 October 1967

1. Short Title-This Act may be cited as [the Tokelau Amendment Act 1967], 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 1967 by s. 2(3) and s. 2(2) respectively of the Tokelau Amendment Act 1976.

PART I
THE TOKELAU PUBLIC SERVICE

The word "Islands" was omitted from this heading by s.3(2)(a)(i) of the Tokelau Amendment Act 1976.

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

This Part came into force on 1 January 1969. See S. R. 1968/229.

3. Interpretation-In this Part of this Act, unless the context otherwise requires,-

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

"Employee" means a person employed in the Tokelau . . . Public Service:

"New Zealand controlling authority's means, in respect of a person employed in any branch of the New Zealand Government Service to which the State Services Act 1962 applies, the Commission, and, in respect of a person employed in any other branch of the New Zealand Government Service, the Minister in charge of that branch:

"New Zealand Government Service" means the service of Her Majesty in respect of the Government of New Zealand, not being honorary service; and include service which is education service within the meaning of [the Government Superannuation Fund Act 1956];

"Tokelau . . . Public Service" means the service of the Tokelau . . . Administration; but does not include service remunerated by way of fees or commission only, or honorary service, or service in any of the following capacities, namely, as-

(a) [Minister of Foreign Affairs]:

(b) Administrator of [Tokelau]:

(c) [Secretary of Foreign Affairs]:

(d) Faipule, . . . or Pulenu'u:

(e) The holder of any position specified in a declaration made pursuant to section 5 of this Act:

[(f) Commissioner for Atafu, Commissioner for Fakaofo, or Commissioner for Nukunonu.]

"Commission": The definition of this term was inserted by s.5 of the Tokelau Amendment Act 1969.
"Employee": The word "Islands" was omitted by s. 3(2)(a)(ii) of the Tokelau Amendment Act 1976.
"New Zealand Government Service": The reference to the Government Superannuation Fund Act 1956 was substituted for a reference to the former Superannuation Act 1956 by s.3(3) of the Government Superannuation Fund Amendment Act 1976.
"Tokelau Public Service": The word "Islands" was omitted from the references to the Tokelau Public Service and the Tokelau Administration by s. 3(2)(a)(ii) of the Tokelau Amendment Art 1976; in para. (a) of the definition of this term, the reference to the Minister of Foreign Affairs was substituted for a reference to the Minister of Island Affairs (as substituted by s. 8(1) of the Maori and Island Affairs Department Act 1968) by s. 2(3)(a) of the Tokelau Amendment Act 1974, in para. (b) of the said definition the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(4)(a) of the Tokelau Amendment Act 1976, in para. (c) of the said definition, the reference to the Secretary of Foreign Affairs was substituted for a reference to the secretary of Islands Affairs (as substituted by s. 8(1) of the Maori and Island Affairs Department Act (1968) by s. 2(3)(b) of the Tokelau Amendment Act 1974, in para. (d) of the said definition, the word "Fa'amasino" was omitted by s. 9(6)(a) of the Tokelau Amendment Act 1970, and para. (f) of the said definition was added by s. 9(6)(b) of the last-mentioned Act.

4. Appointment of employees-.(1) Subject to the provisions of this Part of this Act, the Commission may appoint to the Tokelau . . . Public Service such employees as it considers necessary.

(2) Notwithstanding anything to the contrary in any other Act, all employees of the Tokelau . . . Public Service shall be appointed by the Commission, and, subject to the provisions of any regulations made under section 9 of this Act, shall hold office subject to such conditions as may from time to time be prescribed or determined by the Commission.

(3) In case of the absence from duty of any employee (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in the Tokelau . . . Public Service (whether by reason of death, resignation, or otherwise), and from time to time while the absence or vacancy continues, all or any of the powers and duties of the employee or pertaining to the position may be exercised and performed by any other employee for the time being directed by the Commission to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.

(4) No such direction and no acts done by any employee acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the employee had not been appointed to any position to which the direction relates.

In subss. (1), (2), and (3) the word "Islands" was omitted by s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

5. Exemptions-(1) The Governor-General in Council, on the recommendation of the Commission, may declare that any specified position or class of position in the Tokelau . . . Public Service shall cease to be a position in that Service, and thereupon any person then holding that position or any position in that class shall cease to be an employee of the Tokelau . . . Public Service, and shall thereafter hold his appointment during the pleasure of the Minister and upon such terms and conditions as the Minister directs from time to time.

(2) If any position to which a declaration under subsection (1) of this section refers is vacant at the time the declaration comes into force or thereafter becomes vacant, any appointment thereto shall be made by the Minister, and shall continue during his pleasure and upon such terms and condition., as he Minister directs from time to time.

(3) The Governor-General in Council, on the recommendation of the Minister, may revoke any declaration made under this section in whole or in part, and thereupon the person then holding any position in respect of which the declaration was so revoked shall, if his appointment is confirmed by the Commission, be deemed to have been duly appointed thereto by the Commission and shall hold office as an employee of the Tokelau . . . Public Service.

In subss. (1) and (3) the word "Island" was omitted by a. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

6. State Services Act 1962 not applicable-Except as provided in this Part of this Act, the State Services Act 1962 shall have no application to the Tokelau . . . Public Service or to employees of the New Zealand Public Service in their capacity as employees of the Tokelau . . . Public Service.

The word "Islands" was omitted in 2 places by s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

7. Delegation of powers-(1) )The Commission may from time to time, either generally or particularly, delegate any of its powers in relation to the Tokelau . . . Public Service (including this power of delegation) to any of its members or to any other person or persons.

(2) Subject to any general or special directions given by the Commission, the person to whom any powers are so delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by delegation.

(3) Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(4) Any delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder for the time bring of a specified office.

(5) The delegation of any powers under this section shall not prevent the exercise of those powers by the Commission or by any person making the delegation.

In subs. (1) the word was omitted by s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

8. Duties of Commission-(1) The Commission shall from time to time take such action as it thinks necessary to ensure a proper standard.

(2) The Commission may from time to time issue instructions for carrying into effect the provisions of this Part of this Act and of any regulations made pursuant to section 9 of this Act.

(3) In the exercise of its powers and duties in relation to the Tokelau . . . Public Service, the Commission may conduct such inquiries and investigations as it thinks necessary. For the purposes of conducting any such inquiry or investigation, the Commission shall have the same powers and authority to summon witnesses and receive evidence as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act 1908; and all the provisions of that Act shall apply to witnesses so summoned, and evidence so received and given, as completely and effectually as if the witnesses had been summoned and the evidence had been received or given by virtue or under the authority of that Act, and as if that Act were in force in [Tokelau].

In subss. (1) and (3) the word "Islands" was omitted by s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

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

9. Public Service Regulations-(1) The Commission may, with the approval of the Governor-General, make regulations as to the pay, allowances, discipline, control, and management of the Tokelau . . . Public Service. Any such regulations may be made either generally or with respect to any particular case or class of cases.

(2) Without limiting the generality of the powers conferred by subsection (1) of this section, the Commission may under that subsection make regulations relating to the appointment, promotion, transfer, retirement, removal, suspension, and dismissal of employees of the Tokelau . . . Public Service, including the review of or appeals against any decisions in relation thereto.

(3) Without limiting any other powers of the Commission, the Commission may affix to breaches of any regulations under this section or prescribe for offences against discipline a fine not exceeding $20 according to the nature and gravity of the offence; and those fines shall be recoverable by deduction from salary or otherwise.

(4) Any regulation made under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date on which it is made), and if no such date is specified shall come into force on the date of the publication in the New Zealand Gazette of a notification of the making of the regulation:

Provided that no provision of any regulation imposing any liability or disability shall come into operation before the date on which the regulation is made.

(5) No regulation made under this section shall be held to be invalid on the ground that it confers any discretionary authority on the Commission or on any person, or that it authorises the Commission or any person to determine the conditions m which leave of absence may be approved or allowances paid or any conditions of service not inconsistent with this Part of this Act, or that it leaves any matter to be determined, applied, dispensed with, prohibited, or regulated by the Commission or by any person from time to time by instruction, either generally or for any classes of case or in any particular case.

In subss. (1) and (2) the word "Islands" was omitted by s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

10. Payment of salary and allowances-(1) Subject to the provisions of any regulations made under section 9 of this Act, employees of the Tokelau . . . Public Service shall receive such pay and allowances as the Commission thinks fit.

(2) The pay and allowances of employees of the Tokelau . . . Public Service shall be paid from the Tokelau . . Administration Account out of money appropriated by Parliament.

In subss. (1) and (2) the word "Islands" was omitted by s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

11. Bonds and deeds of covenant by employees or prospective employees-(1) An employee or prospective employee to whom money is advanced or on whose behalf expenditure is incurred with the approval of the Commission in connection with transportation, education, training, or sustenance, or for any other special purpose, may be required, as a condition of that advance or expenditure, to sign a bond in a form to be determined by the Commission requiring him to pay to the Crown the sum therein specified if he makes default in the performance of any condition of the bond.

(2) The Commission, instead of requiring a bond as aforesaid, may require the employee or prospective employee to sign a deed of covenant whereby the covenants to repay to the Crown all money so advanced to him or expenditure so incurred on his behalf, up to a maximum amount specified in the deed of covenant, if he fails to render service in accordance with the provisions of the deed of covenant

(3) The amount of any such bond or, as the case may be, the maximum amount payable under any such deed of covenant shall be reduced during the currency thereof by an amount equivalent to the proportion that the service rendered by the employee or prospective employee in accordance with the condition of the bond or the provisions of the deed of covenant bears to the full period of service required for the discharge of the bond or deed of covenant.

(4) The Commission may require that such a bond or deed of covenant shall also be signed by a parent or guardian, or by some other person approved by the Commission, as surety, or the Commission may accept any other security offered by the employee or prospective employee. The parent or guardian or person who signs such a bond or deed of covenant shall be jointly and severally liable thereunder.

(5) Every such bond or deed of covenant shall be enforceable against the employee or prospective employee and the surety who signs it, notwithstanding anything in any enactment or rule of law; and the amount of the bond or, as the case may be, the amount payable under the deed of covenant, subject to any deduction pursuant to subsection (3) of this section, shall be recoverable as liquidated damages.

12. Concurrent offices-An employee of the Tokelau . . . Public Service may hold concurrently any offices, whether judicial or administrative, to which he may be appointed.

The word "Islands" was omitted by. s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

13. Employment in New Zealand Government Service and Tokelau Public Service-(1) Any person permanently employed in the New Zealand Government Service may, with the consent of the New Zealand controlling authority, be appointed to any position in the Tokelau ... Public Service in all respects as if he were an employee thereof; but, until he is appointed to a position in the Tokelau ... Public Service, no such person shall have any right of appeal against any determination of the Commission m relation to any appointment, promotion, or transfer in or to the Tokelau . . . Public Service.

(2) Any person permanently employed in the Tokelau Public Service may be appointed to any position in the New Zealand Government Service in all respects as if he were permanently employed therein; but, until he is appointed to a position in the New Zealand Government Service, no such person shall have any right of appeal against any determination of the New Zealand controlling authority in relation to any appointment, promotion, or transfer in the New Zealand Government Service.

(3) Any person appointed to a position in the Tokelau . . . Public Service under subsection (1) of this section or to a position in the New Zealand Government Service under subsections (2) of this section may hold positions concurrently in both services, and in such a case-

(a) His status, rights, and liabilities in each service shall be unaffected by the fact that he holds a position in the other service; and

(b) In respect of each position he shall be subject to the laws governing the service to which that position belongs irrespective of his tenure of a position in the other service; and

(c) He shall in respect of each service be qualified for promotion, increase of salary, and appointment to any other position as if he held no position in the other service.

(4) So long as any person so holds positions concurrently in both services, he shall he deemed to be absent on leave without pay from the New Zealand Government Service or, as the case may be, from the Tokelau . . . Public Service, unless the New Zealand controlling authority or, as the case may be, the Commission otherwise directs.

(5) When an employee of the New Zealand Government Service is appointed to a position in the Tokelau . . . Public Service and then or thereafter ceases to hold a position in the New Zealand Government Service, he shall not be deemed for that reason to have retired from the New Zealand Government Service, but shall become a supernumerary employee of that service, and, unless he sooner resigns from the New Zealand Government Service, shall so remain until he ceases to be employed in the Tokelau . . . Public Service and for such further period not months, as the New Zealand controlling authority may time to time in any case allow.

(6) When an employee of the Tokelau . . . Public Service is appointed to a position in the New Zealand Government Service and then or thereafter ceases to hold a position in the Tokelau . . . Public Service, he shall not be deemed for that reason to have retired from the Tokelau . . . Public Service, but shall become a supernumerary employee of that service, and, unless he sooner resigns from the Tokelau . . . Public Service, shall so remain until he ceases to be employed in the New Zealand Government Service and for such further period, not exceeding 6 months, as the Commission may from time to time in any case allow.

(7) A supernumerary employee shall receive no pay in respect of the service of which he is a supernumerary employee, but shall for all other purposes be deemed to remain an employee of that service.

(8) Any employee of the Tokelau . . . Public Service may, with the consent of the New Zealand controlling authority, be attached to the New Zealand Government Service for training or experience, and during the period of his service in New Zealand that employee shall be paid such salary and allowances as may be determined by the New Zealand controlling authority.

In subss. (1)-(6), and (8) the word "Island" was omitted by s.3(2)(a)(iii) of the Tokelau Amendment Act 1976.

14. Contribution to Government Superannuation Fund by employees-(1) While any employee to whom subsection (1) of section 13 of this Act applies holds positions concurrently in both services, or is a supernumerary employee of the New Zealand Government Service in accordance with the provisions of subsection (5) of that section, and is a contributor to the Government Superannuation Fund, the salary together with increments, if any, that in the opinion of the New Zealand controlling authority he would have been entitled to receive in respect of his employment in the New Zealand Government Service had he not been appointed to [the Tokelau Public Service] shall be deemed to be his salary for the purposes of [the Government Superannuation Fund Act 1956]:

Provided that, when any such employee has held a position in [the Tokelau Public Service] for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or, if he is transferred to or returns to employment in the New Zealand Government Service, within one year after the termination of [service in Tokelau], elect to contribute on the salary received by him in respect of his employment in [the Tokelau Public Service (exclusive of any special allowance received by him in respect of his [residence in Tokelau]) with effect from the date of his appointment in the last-mentioned service.

(2) For the purposes of the proviso to subsection (1) of this section, an appointment to a position in the Cook Islands Public Service or in the Niue Public Service in relation to the Tokelau . . . Administration made before the commencement of this Act shall be deemed to be an appointment to the Tokelau . . . Public Service, and service in that position before the commencement of this Part of this Act shall be deemed to be service in a position in the Tokelau . . . Public Service.

(3) While any person to whom subsection (2) of section 13 of this Act applies holds positions concurrently in both services, or is a supernumerary employee of the Tokelau . . . Public Service under subsection (6) of that section, or is attached to the New Zealand Government Service under subsection (8) of that section, the salary together with increments, if any, that in the opinion of the Commission he would have been entitled to receive in respect of his employment in the Tokelau . . . Public Service had he not been appointed to a position in or been attached to the New Zealand Government Service shall be deemed to be his salary for the purposes of [the Government Superannuation Fund Act 1956]:

Provided that, when any such employee had held a position in the New Zealand Government Service for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or, if he is transferred to or returns to employment in the Tokelau . . . Public Service, within one year after the termination of service in New Zealand, elect to contribute on the salary received by him in respect of his employment in the New Zealand Government Service with effect from he date of his appointment in the last mentioned service.

(4) Upon any such election, there shall be payable by the employee to the Fund, within such time and in such manner as the Government Superannuation Board determines, such sum as the Board fixes in respect of the excess of his salary during the past period as an employee of the Cook Islands Public Service or of the Niue Public Service or of the Tokelau . . . Public Service or of the New Zealand Government Service, as the case may be, over the amount deemed to be a salary during that period under the foregoing provisions of this subsection.

[(4A) Any permanent employee of the New Zealand Government Service who holds positions concurrently in both services and is a contributor to the Fund, shall have the right, pursuant to section 28 of [[the Government Superannuation Fund Act 1956]], to cease to be a contributor.]

(5) In this section the term "employee" includes-

(a) The Administrator of [Tokelau]:

(b) The holder of any position specified in a declaration made pursuant to section 5 of this Act.

In subs. (1) the words "the Tokelau Public Service" were substituted for the words "the Tokelau Islands Public Service" by s. 3(3)(a) of the Tokelau Amendment Act 1976, the words "in Tokelau" were substituted for the words "service in the Tokelau Islands" by s. 3(3)(b) of that Act, and the words "residence in Tokelau" were substituted for the words "residence in the Tokelau Islands" by s.3(3)(c) of that Act.
In subss. (1), (3), and (4A) the reference to the Government Superannuation Fund Act 1956, was substituted for a reference to the former Superannuation Act 1956 by s. 3(3) of the Government Superannuation Fund Amendment Act 1976.
In subss. (2)-(4) the word "Islands" was omitted, as indicated by points of omission, by s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.
Subss. (4A) was inserted by s. 6 of the Tokelau Amendment Act 1969.
In subs. (5)(a) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(4)(b) of the Tokelau Amendment Act 1976.

15. Provisions as to existing employees-Every person who immediately before the commencement of this Part of this Act was an employee of the Niue Public Service to whom section 671 of the Niue Act 1966 applied shall be deemed to be an employee of the Tokelau . . . Public Service, and shall hold the position in the last-mentioned service corresponding to the position in the Niue Public Service held by him immediately before the commencement of this Part of this Act

The word "Islands" has been omitted pursuant to s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976.

16. Consequential amendments to Government Superannuation Fund Act 1956-(1) (a) This paragraph amended the definition of the term "Government service" in s. 2(1) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol. 4.

(b) This paragraph amended s. 50 (1), (2), (3), (4), (5), and (10) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol. 4.

(c) This paragraph amended s. 51 (1), (2), (2A), (2B), and (3) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol. 4.

(d) This paragraph amended s.51 (2) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol. 4.

(2) This subjection inserted subs. (5A) in s. 50 of the Government Superannuation Fund Act 1956, reprinted 1975, Vol. 4.

(3) This subsection inserted subs. (9B) in s. 50 of the Government Superannuation Fund Act 1956, reprinted 1975, Vol. 4.

(4) All payments made to the Government Superannuation Board after the commencement of the principal Act and before the commencement of this Part of this Act by persons in the employ of the Tokelau . . . Administration by way of contributions for superannuation purposes shall be deemed to have been validly made and received, and those payments shall he deemed to be superannuation contributions for the purposes of [the Government Superannuation Fund Act 1956], and the periods in respect of which those payments were made shall be deemed to be contributory service for the p~ of that Act.

In subs. (4) the word "islands" has been omitted pursuant to s. 3(2)(a)(iii) of the Tokelau Amendment Act 1976, and the reference to the Government Superannuation Fund Act 1956 was substituted for a reference to the former Superannuation Act 1956 by s. 3(3) of the Government Superannuation Fund Amendment Act 1976.

17. Repeals-Section 671 and paragraph (f) of subsection (4) of section 733 of the Niue Act 1966 are hereby repealed.

PART II
LAND

18. Interpretation-(1) In this Part of this Act, unless the context otherwise requires,-

"Customary title" means title to land in accordance with the customs and usages of the Tokelauan inhabitants of [Tokelau]:

"Public purposes includes public health, education, public recreation, the burial of the dead, water supply, drainage, lighting, the provision of public buildings, the provision of sites for townships, the provision of wharves and harbours, the provision of radio transmitters and all lawful purposes and functions of the Tokelau . . . Administration:

"Tokelauan" means a person belonging to the Polynesian race of [Tokelau]; and includes a person descended from a Tokelauan:

"Tokelauan land" mean land vested in the Crown but held by the inhabitants of [Tokelau] by customary title, and not by grant from the Crown:

(2) Any land in [Tokelau] which at the commencement of the principal Act was owned in fee simple by any person other than the Crown shall for the purposes of this Part of his Act be deemed to he held in fee simple by grant from the Crown, and accordingly shall be deemed not to be Tokelauan land for the purposes of this Part of this Act.

In subss. (1) and (2) the word "Tokelau" in square brackets was substituted for words "the Tokelau Islands" by s. 3(4)(b) of the Tokelau Amendment Act 1976.
In subs. (1), in the definition of the term "public purposes", the word "Islands" was omitted by s.3(2)(a)(iii) of the Tokelau Amendment Act 1976.

19. Designation of land-Subject to the provisions of this Part of this Act, all land in [Tokelau] is hereby declared be Tokelauan land.

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

20. All land in Tokelau (with certain exceptions) vested in Crown, subject to customary title-(1) Subject to the provisions of this Part of this Act, all land in [Tokelau] (not being land to which subsection (2) of section 18 or section 21 of this Act applies) is hereby declared to be vested in the Crown as the trustee of the beneficial owners thereof, and shall be held by the Crown subject to the customary title, and all such land is hereby declared to be Tokelauan land accordingly, but shall remain subject to any rights which may have been lawfully acquired in respect thereof before the passing of this Act otherwise than in accordance with the customs and usages of the Tokelauan inhabitants of [Tokelau].

(2) Subject to the provisions of this Part of this Act, the beneficial ownership of Tokelauan land shall be determined in accordance with the customs and usages of the Tokelauan inhabitants of [Tokelau].

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

21. Repealed by s. 9 of the Tokelau (Territorial Sea and Fishing Zone) Act 1976.

22. Control of Crown land by Administrator-The Administrator of [Tokelau] may exercise on behalf of the Crown all rights of suit, entry, re-entry, receipt of rents and profits, use, management, control, and possession vested in the Crown in respect of any land in [Tokelau].

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

23. Saving of existing interests in Tokelauan Land-Where at the passing of this Act any Tokelauan land is subject to any valid and subsisting leasehold or other interest vested in any person or body corporate otherwise than by way of customary title, that leasehold or other interest shall be deemed to be held by grant from the Crown.

24. Taking of land for public purposes-(1) [ [[The Minister of Foreign Affairs]] may from time to time by Warrant], take any land in [Tokelau] for any public purpose specified in [the warrant], and it shall thereupon become absolutely vested in the Crown 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].

(2) 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 therefore from the Crown.

(3) The Administrator of [Tokelau] shall, within 90 days after the date on which any land so taken has vested in the Crown, offer to the persons entitled to share in the compensation such sum by way of compensation as he thinks fit. If the offer is not accepted by all those persons within 60 days after it has been communicated to them, the compensation shall be assessed and awarded by a Judge or of the Land Court of Niue, either on the application of the Administrator or of any person claiming the compensation or any share therein.

(4) Any compensation so awarded to any person constitute a debt due to him by the Crown, and shall be paid from the Tokelau . . . Administration Account out of money appropriated by Parliament.

(5) Any lease, casement, or other limited right, title, estate, interest in any land may be taken by [the Minister, by warrant], for any public purpose, and compensation in respect thereof shall be payable in the same manner as in the case of land taken under the foregoing provisions of this section.

In subs. (1) the words in the first act of single square brackets were substituted for the words "The Governor-General may from time to time by Order in Council" (the reference to the Minister of Foreign Affairs having been substituted for a reference to the Minister of Island Affairs by s. 2(3)(a) of the Tokelau Amendment Act 1974) by s. 7(a) of the Tokelau Amendment Act 1969, and the words "the warrant" wherever they occur, were substituted for the words "the Order" by s. 7(b) of that Act.
In subss. (1) and (3) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(4)(b) of the Tokelau Amendment Act 1976.
In subs. (4) the word "Islands" was omitted by s.3(2)(a)(iii) of the Tokelau Amendment Act 1976.
In subs. (5) the words "the Minister, by Warrant" were substituted for the words "Order in Council" by s. 7(c) of the Tokelau Amendment Act 1969.

25. Alienation of land by Tokelauans-(1) Save so far as may be otherwise provided by regulations made under the principal Act, it shall not be lawful or competent for a Tokelauan to make any alienation or disposition of Tokelauan land, or of any interest in Tokelauan land, whether by way f sale, lease, licence, mortgage, or otherwise howsoever, other than an alienation or disposition in favour of the Crown, nor shall Tokelauan land or any interest therein be capable of being taken in execution or be assets for the payment of the debts of a Tokelauan on his death or insolvency.

(2) For the purposes of this section, a contract of sale of crops, timber, minerals, or other valuable thing attached to forming part of any Tokelauan land shall be deemed to be a contract for the alienation of an interest in the land, unless the thing so sold or agreed to be sold has been severed from the land before the making of the contract.

(3) For the purposes of this section, all rent and other money receivable by a Tokelauan in respect of his interest in any Tokelauan land shall be deemed to be an interest in the land.

(4) The Administrator of [Tokelau] may, in the name of Her Majesty, grant a lease of any Tokelauan land for a period not exceeding 40 years, and on such terms as he thinks fit, if he is satisfied that the grant of such a lease is in accordance with the desires and interests of the owners of the land and with the public interest, and he may on the like conditions accept a surrender of any lease so granted by him.

(5) Every such lease shall operate as if it were a lease of Crown land, but the rents or other revenue derived therefrom shall be received by the Crown in trust for the owners of the land.

(6) Nothing in this section shall affect the power of Tokelauans to dispose of Tokelauan land amongst themselves according to the customs and usages of the Tokelauan inhabitants of [Tokelau].

In subss. (4) and (6) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s.3(4)(b) of the Tokelau Amendment Act 1976.

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

(a) The Native Lands Ordinance 1917:

(b) The Native Lands Amendment Ordinance 1919:

(c) The Gilbert and Ellice Native Lands Ordinance 1922:

(d) The Native Land (Amendment) Ordinance 1935:.

(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(4)(b) of the Tokelau Amendment Act 1976.

_______________________

THE TOKELAU AMENDMENT ACT 1969

1969, No. 3

An Act to amend [the Tokelau Act 1948]

[22 July 1969

1. Short Title-This Act may be cited as [the Tokelau Amendment Act 1969], and shall be read together with and deemed part of [the Tokelau Act 1948] (hereafter 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 1969 by s. 2(3) and s. 2(2) respectively of the Tokelau Amendment Act 1976.

2. This section amended s. 2 of the principal Act.
3. This section inserted s. 4A in the principal Act.

4. This section inserted s. 5 A in the principal Act.

5. This section inserted a definition of the term "Commission" in s. 3 of the Tokelau Amendment Act 1967.

6. This section inserted subs. (4A) in s. 14 of the Tokelau Amendment Act 1967.

7. (a) and (b) These paragraphs amended s. 24(1) of the Tokelau Amendment Act 1967.

(c) This paragraph amended s. 24(5) of the Tokelau Amendment Act 1967.

8. Legitimacy-(1) Every person, whether born before or after the passing of this Act, and whether born in [Tokelau] or not, and whether or not his parents or either of them were domiciled in [Tokelau] at the time of his birth, shall for all the purposes of the law of [Tokelau] be deemed to be the legitimate child of each of his parents, and all other relationships in respect of that person shall be deemed to be traced through lawful wedlock accordingly.

(2) The provisions of this section-

(a) In so far as it affects wills, shall have effect only in relation to the wills of testators who die after the passing of this Act; and

(b) In so far as it affects instruments other than wills, shall have effect only in relation to instruments executed after the passing of this Act.

(3) All wills of testators who have died before the passing of this Act, and all other instruments executed before the passing of this Act, shall be governed by the enactments and rules of law which would have applied to them if this Act had not been passed.

(4) The estates of all persons who have died intestate as to the whole or any part thereof before the passing of this Act shall be distributed in accordance with the enactments which would have applied to them if this Act had not been passed.

(5) No action shall lie against any executor or administrator or trustee of the estate of any person who dies after the passing of this Act or the trustee under any instrument executed after the passing of this Act by any person whose relationship to the deceased or to any other person or, as the case may be, to the settlor or to any other person is in any degree traced otherwise than through lawful wedlock, by reason of the executor or administrator or trustee having made any distribution of the estate or trust disregarding the claims of the person so related where at the time of making the distribution the executor, administrator, or trustee had no notice of the relationship of that person to the deceased or the settlor or any other person.

In subs. (1) the reference to "Tokelau" was substituted for a reference to the "Tokelau Islands" by s. 3(8) of the Tokelau Amendment Act 1976.

____________________

THE TOKELAU AMENDMENT ACT 1970

1970, No. 41

An Act to amend [the Tokelau Act 1948]

[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 Atafti, 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 1976; 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 be 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 word "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.

9. Appointment of Commissioners-[(1) The Governor General on the recommendation of [[the Minister of Foreign Affairs]] made after consultation by him with the Elders of the island concerned, may appoint any Tokelauan to be-

(a) Commissioner for Atafu:

(b) Commissioner for Fakaofo:

(c) Commissioner for Nukunonu.

(2) Every Commissioner, unless he sooner ceases to hold office, shall retire from office on reaching the age of 68 years:

Provided that where a Faipule holds concurrently the office of Commissioner, he shall remain in office as Commissioner, unless he is sooner removed from office as Commissioner or resigns that office, until the completion of his term of office as a Faipule, notwithstanding that he attains the age of 68 years before the completion of his term of office as a Faipule.]

(3) The Governor-General may, if he thinks fit, remove a Commissioner for inability or misbehaviour.

(4) A Commissioner may resign his office by writing under his hand addressed to the Administrator of [Tokelau].

(5) Every Commissioner may be paid out of the Tokelau . . . General Account such salary or allowance and other allowances as may be fixed by the Administrator of [Tokelau].

(6) (a) This paragraph amended para. (d) of the definition of the term "Tokelau Public Service" in s. 3 of the Tokelau Amendment Act 1967.

(b) This paragraph added para. (f) to the definition of the term "Tokelau Public Service" in s. 3 of the Tokelau Amendment Act 1967.

Subss. (1) and (2) were substituted for the original subss. (1) and (2) (the reference to the Minister of Foreign Affairs having been substituted for a reference to the Minister of Island Affairs by s. 2(3)(a) of the Tokelau Amendment Act 1974) by s. 3 of the Tokelau Amendment Act 1971. See s. 1(2) of that Act and S.R. 1975/261.
In subss. (4) and (5) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(5) of the Tokelau Amendment Act 1976.
In subs. (5) the word "Islands" was omitted by s. 3(6) of the Tokelau Amendment Act 1976.

[9A. Incapacity or absence of Commissioner-(1) If at any time a Commissioner is incapable by reason of sickness or otherwise of performing the office of Commissioner or is absent from the island for which he is Commissioner, or where there is a vacancy in the office of Commissioner, any person performing in that island the functions of a Faipule with the authority of the Administrator, may, without further authority or appointment, exercise any power, duty, or function of the Commissioner during that incapacity, absence, or vacancy.

(2) The fact that any person performing the functions of a Faipule exercises any power, duty, or function of a Commissioner shall be conclusive evidence of his authority to do so.]

This section was inserted by s.4 of the Tokelau Amendment Act 1971. See s.1(2) of that Act and S.R. 1975/261.

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-An party to any proceedings, whether civil or criminal, before a Commissioner may appeal from 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.

PART II
MISCELLANEOUS AMENDMENTS

13. This section added subs. (2) to s. 2 of the principal Act.

14. This section amended s. 7 of the principal Act.

15. This section inserted s. 7A in the principal Act.

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THE TOKELAU AMENDMENT ACT 1971

1971, No. 142

An Act to amend [the Tokelau Act 1948]

[9 December 1971

1. Short Title and commencement-(1) This Act may be cited as [the Tokelau Amendment Act 1971], and shall be read together with and deemed part of [the Tokelau Act 1948] (hereinafter referred to as the principal Act).

(2) This Act shall come into force on the date appointed for the commencement of Part I of [the Tokelau Amendment Act 1970].

The word "Islands" was omitted from the Short Titles of the Tokelau Act 1948 and the Tokelau Amendment Act 1970 by s. 2(3) of the Tokelau Amendment Act 1976, and from the Short Title of the Tokelau Amendment Act 1971 by s. 2(2) of the Tokelau Amendment Act 1976.
Part I came into force on 1 December 1975. See S.R. 1975/261.

2. This section added subs. (3) to s. 2 of the principal Act.

3. This section substituted new subsections for subss. (1) and (2) of s. 9 of the Tokelau Amendment Act 1970.

4. This section inserted s. 9A in the Tokelau Amendment Act 1970.

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THE TOKELAU AMENDMENT ACT 1974

1974, No. 124

An Act to amend [the Tokelau Act 1948]

[8 November 1974

1. Short Title-This Act may be cited as [the Tokelau Amendment Act 1974], 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 1974 by s. 2(3) and (2) respectively of the Tokelau Amendment Act 1976.

2. (1) This subsection substituted a new section for s. 9 of the principal Act.

(2) The Schedule to the Maori and Island Affairs Department Act 1968 is hereby consequentially amended by repealing so much thereof as relates to the principal Act

(3) Every reference in any enactment relating to [Tokelau], or in any regulation, rule, order, agreement, deed, instrument, application, licence, notice, or other document whatsoever made under the principal Act or relating to [Tokelau] and in force at the passing of this Act shall, unless the context otherwise requires,-

(a) In the case of a reference to the Minister of Island Affairs, be read after the passing of this Act as a reference to the Minister of Foreign Affairs:

(b) In the case of a reference to the Secretary for Maori and Island Affairs, be read after the passing of this Act as a reference to the Secretary of Foreign Affairs:

(c) In the case of a reference to the Department of Maori and Island Affairs, be read after the passing of this Act as a reference to the Ministry of Foreign Affairs.

In subs. (3) the word "Tokelau" was substituted for the words "the Tokelau Islands" by s. 3(7) of the Tokelau Amendment Act 1976.

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THE TOKELAU AMENDMENT ACT 1976

1976, No. 122

An Act to amend the Tokelau Islands Act 1948

[9 December 1976

As to the Short Title of the Tokelau Islands Act 1948. see s. 2(1) of this Act.

1. Short Title-This Act may be cited as the Tokelau, Amendment Act 1976, and shall be read together with and deemed part of the Act heretofore known as the Tokelau Islands Act 1948 (hereinafter referred to as the principal Act).

As to the Short Title of the Tokelau Islands Act 1948, see a. 2(1) of this Act.

2. Alteration of Short Titles of principal Act and amending Acts-(1) The principal Act may hereafter be cited as the Tokelau Act 1948.

(2) The Short Title of the principal Act, and the Short Titles of-

(a) The Tokelau Islands Amendment Act 1963; and

(b) The Tokelau Islands Amendment Act 1967; and

(c) The Tokelau Islands Amendment Act 1969; and

(d) The Tokelau Islands Amendment Act 1970; and

(e) The Tokelau Islands Amendment Act 1971; and

(f) The Tokelau Islands Amendment Act 1974-

are hereby consequentially amended, in each case, by omitting the word "Islands".

(3) Every reference in any enactment to the Short Title of any of the said Acts is hereby consequentially amended by omitting the word "Islands".

3. References to Tokelau Islands in principal Act and other Acts to be read as references to Tokelau-(1) The principal Act is hereby further amended by omitting from-

(a) The Title; and

(b) Section 2 (1) and the definitions of the terms "Administrator" and "Tokelauan" in section 2(3) (as added by the Act heretofore known as the Tokelau Islands Amendment Act 1971); and

(c) Sections 3, 4, 4A (as inserted by section 3 of the Act heretofore known as the Tokelau Islands Amendment Act 1969), 5, 5A (as inserted by section 4 of the last-mentioned Act), 6, 7, 7A (as inserted by section 15 of the Act heretofore known as the Tokelau Islands Amendment Act 1970), and section 8-

the words "the Tokelau Islands" wherever they occur, and substituting in each case the word "Tokelau".

(2) The Act heretofore known as the Tokelau Islands Amendment Act 1967 is hereby amended by-

(a) Omitting the word "Islands" from-

(i) The heading to Part I; and

(ii) The definitions of the terms "employee" and "Tokelau Islands Public Service" in section 3 (except in paragraph (b) of that last-mentioned definition); and

(iii) Sections 4, 5, 6, 7, 8 (except where it last occurs in subsection (3)), 9, 10, 12, 13, subsections (2), (3), and (4) of section 14, the definition of the term "Public purposes" in section 18(1), and 24(4).

(3) Section 14 (1) of the last-mentioned Act is hereby amended-

(a) By omitting the words "the Tokelau Islands Public Service" wherever they occur, and substituting in each case the words "the Tokelau Public Service":

(b) By omitting from the proviso the words "service in the Tokelau Islands", and substituting the words "service in Tokelau":

(c) By omitting from the proviso the words "residence in the Tokelau Islands", and substituting the words "residence in Tokelau".

(4) The said Tokelau Islands Amendment Act 1967 is hereby further amended by omitting the words "the Tokelau Islands" from-

(a) Paragraph (b) of the definition of the term "Tokelau Islands Public Service" in section 3; and

(b) Section 8(3), 14(5)(a), 18 (except in the definition of the term "public purposes" in subsection (1)), 19, 20, 21, 22, 24 (except in subsection (4)), 25, and 26(1),-

and substituting in each case the word "Tokelau".

(5) The Act heretofore known as the Tokelau Islands Amendment Act 1970 is hereby amended by omitting the words "the Tokelau Islands" from sections 4, 5, 6, 7, 8, 9 (except where they first occur in subsection (5)), 10(4), and 12(1), and substituting in each case the word "Tokelau".

(6) Section 9(5) of the said Tokelau Islands Amendment Act 1970 is hereby further amended by omitting the word "Islands" where it first occurs.

(7) Section 2(3) of the Act heretofore known as the Tokelau Islands Amendment Act 1974 is hereby amended by omitting the words "the Tokelau Islands" in both places where they occur, and substituting in each case the word "Tokelau".

(8) Every reference to the Tokelau Islands in every enactment not referred to in the foregoing provisions of this section in force at the passing of this Act or in any rule, regulation, order, or other document of any kind whatsoever in force at the passing of this Act shall after the passing of this Act be read as a reference to Tokelau.

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THE TOKELAU (TERRITORIAL SEA AND FISHING ZONE) ACT 1976

1976, No. 140

An Act to make provision with respect to the territorial sea and fishing zone of Tokelau, and for matters incidental thereto .

[10 December 1976

1. Short Title-This Act may be cited as the Tokelau (Territorial Sea and Fishing Zone) Act 1976, and shall be read together with and deemed part of the Tokelau Act 1948.

2. Interpretation-In this Act, unless the context otherwise requires,-

"Court" mean the High Court of Niue:

"Fish" means any marine animal of any kind whatsoever; and includes shellfish, crustaceans, sponge, holothurian (bêche-de-mer), and turtle; and also includes the young and eggs of any fish as herein defined:

"Fishing" means taking, hunting, pursuing, catching, killing, or possessing any fish, or attempting to do any of these things:

"Foreign fishing boat" means any vessel of whatever size and however propelled which is used in fishing or for the processing or storage of fish for the purposes of sale and which is owned or controlled by a person or persons not ordinarily resident in Tokelau; but does not include any canoe or other vessel of any kind whatsoever used for the transport of fish or fish products as part of its general cargo:

"Foreshore" means all land lying between the high-water line at mean high-water spring tides and the low-water line at mean low-water spring tides:

"Low-water line" means the line of low-water at mean low-water spring tides:

"Nautical mile" means the international nautical mile.

3. Internal waters-The internal waters of Tokelau include any areas of the sea that are on the landward side of the baseline of the territorial sea of Tokelau.

4. The territorial sea-The territorial sea of Tokelau comprises those areas of the sea having, as their inner limits, the baseline described in section 5 of this Act and, as their outer limits, a line measured seaward from that baseline, every point of which is distant 3 nautical miles from the nearest point of that baseline.

5. Baseline of the territorial sea-The baseline from which the breadth of the territorial sea of Tokelau is measured shall be the low-water line along the seaward edge of the reef, except that where there is a break or passage through or over the reef, the baseline shall be a straight line joining the entrance points of that break or passage.

6. Foreshore, bed of internal waters and of territorial sea, vested in the Crown-(1) The seabed and subsoil of the submarine areas of the internal waters of Tokelau shall be deemed to be and always to have been vested in the Crown.

(2) The foreshore of Tokelau and the seabed and subsoil of the territorial sea as defined in section 4 of this Act shall be deemed to be and always to have been vested in the Crown.

7. Fishing zone-The fishing zone of Tokelau comprises those areas of the sea contiguous to the territorial sea of Tokelau and having, as their inner limits, the outer limits of the territorial sea, and, as their outer limits, a line measured seaward from those inner limits every point of which is distant 9 nautical miles from the nearest point of the inner limit line.

8. Foreign fishing boats not to engage in fishing within territorial sea or fishing zone-(1) No foreign fishing boat shall engage in fishing in the territorial sea or fishing zone of Tokelau.

(2) If any foreign fishing boat is used in breach of subsection (1) of this section, the owner, the charterer (if any), the master and every member of its crew each commits an offence, and is liable-

(a) In the case of an offence committed by the owner, charterer, or master, to a fine not exceeding $5,000:

(b) In the case of an offence committed by any member of the crew, to a fine not exceeding $500.

(3) The Court, on the conviction of the owner, the charterer (if any), the master, or any member of the crew of a foreign fishing boat of an offence under this section, may also order-

(a) The detention (for a specified period) of the foreign fishing boat and of any fish, tackle, engines, nets, gear, apparatus, cargo, and stores thereon or forming part of its equipment, pending the payment of the fine or fines imposed, and the forfeiture to the Crown of that fishing boat, and of any such fish, tackle, engines, nets, gear, apparatus, cargo, and stores, or any one of them if the fine or fines imposed are not paid within that specified period; or

(b) The immediate forfeiture to the Crown of the foreign fishing boat and of any fish and tackle, engines, nets, gear, apparatus, cargo, and stores, or any one of them.

(4) Where any small boat that is carried by or attached to or operated in conjunction with any foreign fishing boat is used in fishing in breach of this section (whether or not that foreign fishing boat is within the territorial sea or fishing zone of Tokelau), then, for the purposes of this, section, that foreign fishing boat shall also be deemed to be used in fishing in breach of this section at the time and place where that small boat is so used.

(5) Where under subsection (3) of this section any foreign fishing boat or other property is ordered to be forfeited to the Crown, that fishing boat or other property shall be deemed to be forfeited accordingly and shall be disposed of as the Administrator of Tokelau thinks fit.

9. Repeal-Section 21 of the Tokelau Amendment Act 1967 is hereby repealed.

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The Tokelau Act 1948 is administered in the Ministry of Foreign Affairs.