7

Article 7 was substituted bys 3 of the-Constitution Amendment (No 10) Actl981-82"(CI) TIIB HOUSE OF ARIKJS OF THE COOK ISLANDS The House of Arikis of the Cook Islands 8 (1) There shall. be a House of Arikis of the Cook Islands (hereinafter referi·ed to as the House of Adkis). (2) The House of Alilis shall comprise the following members - (a) One Ariki representing the Island of Aitntaki and the Island of Manuae; (b) One Aliki representing the Island of Atiu; (c) One At·~ !epresentin~ the Island ofMangaia; . , . . (d) -One Ankt representmg the Island of Man1h1ki. and tlie Island of Rakahanga: Provided that provision may be made by law for the appointment of one Ariki as representing the Island of Manihiki and one Ariki as representing the Island of Rakahanga; (e) One Aliki representing the Island of Mauke; (f) One Atili representing the Island of Mitiaro; (g) One Ariki representing the Island of Penrhyn; (h) One Ariki representing the Island of Pukapuka and the Island of • Nassau; · (i) Such numb.er of Arikis representing the Island of Rarotonga and the Island of Palmerston, being not more than 6, as is prescribed by law. (3) Subject to the provisions of this Article, the members of the Honse of Arikis shall be appointed by the [Queen's Representative]. (4) If there is for the time being only one Ariki for any of the islands or groups of islands specified in paragraphs (a) to (h) of snbclause (2) of this Article, that Ariki shall be appointed to be a member of the House of Al'ikis_ as representing that island or group; but if there are 2 or more Arikis for any such island or group, the [Queen's Representative] shall appoint the Ai·iki for that island .or group who is nominated for appointment in the manner prescli,bed by law. . (5) If there are for the time being not more than the number of Arikis prescribed by law to be appointed as representing the group of islands comprising the Islands of Rarotonga and Palmerston, those At·ikis shall be appointed to be members of the House of Arikis as representing that gr_oup; but, if there are more than the number so prescribed, the [Queen's Representative] shall appoint. the Alilis for that group who are nominated for appointment in the manner prescribed by law. _(6) Subject to t_he _provisions of this Article, the qualifications of Arikis, the qualification and disqualification of memb()rs of the House of Alilis, and the terms and conditions of their membership shall be as prescribed by law. (7) If any vacancy occurs in the office of a member of the House of Arikis, the vacancy shall be filled in the same manner as an appointment to that office, and the !\ppointee shall hold office for the unexpired portion of the term of office of l;iis predecessor. · 'The words "Queen's Representative" were·substitutedfor the words "High Commissioner" in subclauses' (3), (4) and (5) bys 4(1) of the Constitution Amendment (No IO) Act 1981-82 (CI) Constitution 173 Functions of House of Arikis 9 The House of Arilds shall have the following functions • ., .-. (a) It shall consider such matters relative to the welfare of the people of the Cook Islands as may be s,ubmitted to it by [Parliament] for its consideration, and it · shall express its opinion and make recommendations thereon to [Parliament]; and .(b) It shall have such other functions as may be presc1ibed by law. The word "Parliament" was substituted for the words "the Legislative Assembly" in para ( a) (in two places) by s 6 of the Constitution · Amendment (No 9) Act 1980-81 ( CI) Members to take Oath of Allegiance . . 10 Except for the purpose of enabling this Article to be c,;omplied with, no member of · the House of Atikis shall .be permitted to sit or vote therein until he has taken and . subscribed 'the following oath before the [Queen's Representative] namely: I, ............... , swear by Almighty God that I will be faithful and beqt true allegiance to Her [or His] Majesty [Specify the name of the rei_gning Sovereign, as thus: Queen Elizabeth the Second] as the Head of State of the Cook Islands Her [or His] heirs and successors, according to law, and that I will justly and faithfully carry out my duties as a member of the House of. Arikis of the Cook Island& So !ielp me God. ' · The words "Queen's Representative" were substituted for the words· "High Commissioner" bys 4(1) of the Constitlltion Amendment (No lO)Act 1981-82 (CI) . Attendance of [Prime Minister] and other persons ·11t House of Arikis 11 (1) The [Prime Minister] may, at any time,' attend and address the House of Arikis. {2)· A Minister.or a person appointed in that hehalf by a Minister may attend the· proceedings of the House of Arilds when any matter for which the Minister is responsible is under consideration by the House. (3) The presiding member of the House of Atikis, when in his opinion any matter before the H9use makes it desirable, ma.y invite any member of [Parliament] to attend meetings of the House relating to thatmatler. · (4) A person attending the proceedings .of the House of Ariki.s ·by virtue of the provisfons of subclause (1) or subclause (3) of this Article shall be entitled to take part in the proceedings of the House relating to the matter for which tl1e Minister-has responsibility or in respect of which he was invited to attend, a.s- the case may be, as if he were a member of the House: Provided that he shall not be entitled to vote in the House or any of its committees.· . The words "Prime Minister" were substitutedfor the word "Premier" in the. heading and in·subcl (l) bys 3(3) of the .Constitution Amendment (No 9}Act 1980-81 (CI) The word "Parliament" was substitutedfor the words "the Legislative Assembly" bys 6 of the Constitut!onAmendment(No 9) Act 1980,81 (Cl} Procedure 11A (1) The House of Atikis shall be presided over by one of its members, who shall be elected by the members of the House in the manner prescdbed by law and shall hold office for such period and subject to ·such conditions as may he prescribed by law. · (2) The House of Arikis·shall meet in Rarotonga: at such times as may be prescribed by law; . Provided that the House of Arikis shall meet at least once in every period of 12months. . · . · 174 Coolf; Islands Laws (3) Meeth)gs of the House of Arikis shall be summoned by the [Queen's Representative], acting on the advice of the [Prime Ministe1J. (4) No .busine$s shall be transacted at any meeting of the House of Arikis if the number of members present is less than 8. · (5) Subject to the provisions of this Constitution· ani:1 to the provisions of any l:iw, the House of Arikis may from time to time make, amend, and repeal Standing Ord.ers for the regulation and orderly conduct of its proceedings and the dispatch of business. . (6) Subject to the provisions of this Article and to the provisions of any law, the House of Arikis shall determine its own procedure. (7) The House of Arikis shall not be disqualified for the transaction of ·any business By reason of any vacancy among its members, and any proceedings therei11 shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the House or othe1wise took part in the proceedings. The words "Queen's Representative" were substituted for the words "High Commissioner" bys 4(1) of the Constitution Amendment (No JO) Act 1981-82 (CI). Privileges of House of Arikis and its members llB Provision may be made by law for the application to the House of Arikis, its members and officers, persons entitled to speak therein, and persons publishing by or underthe authority of the House any report, paper, vote, or proceeding of any of the provisions of any law for the tiine being in force relating to the privileges and immuniti()s, of [Parliament], iis m_emliers and officers, persons entitled to speak therein, and any persons publishing by or under the authority of [Parliament] any report, paper, vote, or proceeding.. The word "Parliament" was substituted for the words "the Legislative Assembly" and also for the words "the Assembly" by S.6 of the Constitution Amendment (No 9) Act 1980-81 (Cl). PART II THE EXECU'l,'IVE GOVERNMENT OF THE COOK ISLANDS. Executive authori,ty 12 (1) TI1e executive authority of the Cook Islands shall be vested in-Her Majesty the Queen in right of New Zealand. (2) Subject to the provisions of this Constitution, the executive authority of the Cook Islands may be exercised on behalf of Her Majesty by the [Queen's Representative] either directly or through officers subordinate to him. (3) Nothing in this Article shall prevent [Parliament] from conferring functions on persons or authorities other than the [Queen's Representative]. The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (2) and (3) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI) · The word "Parliament" was substituted for the words "the Legislative Assembly:' in subcl (3) bys 6 of the Constitution Amendment (No 9) Act 1980-81 (CI). ' .CABINET Cabinet 13 [(1) There shall be ·a Cabinet of Ministers, comprising the [Prime Minister] of the Cook Islands (who shall preside o:ver Cabinet) and not fewer than 6 nor more than 8 other Ministers, which shall have the general direction and control of ,, the executiye government of the Cook Islands, and shall be collectively responsible to Parliament.] ' Constitution 175 (2) The [Prime Minister] shall be appointed as follows ~ (a) Ji the appointment is to be made while [Parliament] is in session, the [Queen's Representative] shall appoint as [Prime Minister] a member of [Parliament] who commands the confidence of a majority of the members of [Parliament]. (b) Ji the appointment is to be made while [Parliament] is not in session, the [Queen's Representative] shall appoint. as [Prime Minister] a member of [Parliament] who in the opiµion of the [Queen's Representl,ltive], acting in his discretion, is likely to command the confidence of a majority of the members of [Parliament]. (c) Ji the·appointmentis to be made after a dissolution of [Parliament] and before the. holding of a geperal election of [Parliament] following that dissolution, the [Queen's Representative] shall appoint as [Prime Minister] a person who was a member of [Parliament] immediately before that dissolution and who in the opinion of the [Queen's Representative], acting in his discretion, is likely to command the confidence of a majority of the persons who were members of [Parliament] immediately before that dissolution: . Provided that where [Parliament] has be©n dissolved pursuant to subclause (2) of Article 37 hereof, the [Queen's Representative} shall appoint as [Prime Minister] a person who was a member of [Parliament] immediately before that dissolution and who in the opinion of the [Queen's Representative] acting in his discretion, is capable of performing the functions of the [Prime Ministe1l . (3) The Ministers other than the [Prime Minister] shall be appointed by the [Queen's Representative] on the advice of the [Prime Minister]. No person shall be so appointed unless - (a) He is a member of [Parliament]; or (b) lithe appointment is to be made after a dissolution of [Parliament] and before the holding of the general election of [Parliament] following that dissolution, he was a member of [Parliament] immediately before that dissolution; or · (c) lithe appointment is to be made after the holding of a general election of [Parliament] and before the commencement of the first session of [P!lrliament) following that election, he was elected as a member of [Parliament] at that election. (4) .Appointments under the provisions of this Article shall be made by instrument under the Seal of the. Cook Islands. (5) Ji any employee of the Cook Islands Public Set'v~ce is appointed to be ·a Minister, he shall forthwith be deemed to have vacated his office as an employee of that Service. · •Subclause (I) was substituted by section 2 of the Constitution Amendment (No 14) Act 1991 · . ·The words "Prime Minister" were substituted for the word "Premier" in subcl (1), in subcl (2) (in six places), and in subcl (3) (in two places} . bys 18(2) of the ConstitutionAmendment(No 9).Act 1980-81 (CJ). The word "Parliament" was substituted for the words, "the Legislative Assembly" in subcls (2) (infour places), and (3)(in three places) and also for the words "the Asseml;ly" in subcls (2)"(in eight.places} and (3) (in three places) bys 6.ofthe Constitution.Amendment (No 9) Act 1980-81 (CJ) 1,'he words "Queen"'s Representative" were substituted for the words . "High Commissioner" in subcls (2) (in seven places) and (3) bys 4(1) of the ConstitutionAmendment(No I0)A:ct 1981-82 (Cl} Duration of office of members of Cabinet 14 ((1) The appointment of the Prime Minister who is in office immediately before the date of the holdjng of a general election of Parliament may be te1minated by the Queen's Representative after the date of that election and before the date of the commencement of the first session of Parliament following that 176 Cook Islands Laws election if it appears to the Que!)n' s Representative, acting in his discretion, that the Prime Minister is unlikely to command.the confidence of a majority of the members of Parliament.] . · (2) · Repealed by section 2(b) of the Constitution Amendment (No 15) AcU 993. (3) The appointment of the [Prime.Minister] shall also be termii;mted by the [Queen's Representative] - · (a) If the [Prime Miirister] ceases to be a member of[Parliainent] for any reason other than the dissolution of [Parliament]; or . (b) If [Parliament] passes a motion in express word·s of no confidence in Cabinet or if Cabinet is• defeated on any question or issue which the [Prhne Minister] has declared to be a question or issue of confidence: ]?rovided that, if after the passing of such motion or after that defeat the [Prime Minister] so requests, the [Queen's Representative], acting in his discretion, may dissolve [Parliament] instead of terminating the appointment of the [Prime Ministe1J; or (c) If the [Prime Mjnister] resigns his office by writing under his hand · delivered to the [Queen's Reptesentative]; or (d) If the [Prime Miitlster] is absent from the Cook Islands otherwise than · 611 official business for a pe1iod of more than 3 months· without written authority given by the [Queen's Representative], acting in his discretion. · (4) The office of any other Minister shall become vacant- (a) If the app_ointment of the [Prime Ministe1J has been terminated under the provisions of subclause (1) or subclapse (2) or subclause (3) of this Article; or · (b) If the appointment of the Minister to that office is revoked by the [Queen's Representative], acting on the advice. of the [Prime Minister], by instrument under the Seal of the Cook Islands; or (c) If the Minister ceases to be a member of [Parliament] for any reason other than the dissolution of Parliament; or (d) If the Minister resigns his office by writing under his hand delivered to the [Queen's Representative]. · (5) Whenever, by reason of illness or of absence from the Cook Islands, the , [Prime Minister] is temporarily prevented from performing, in the Cook Islands, the functions of his offici:i, the [Queen's Representative] may, by instrument under the Seal of the Cook Islands, ·appoint another Minister to pe1form those functions until such time as the [Prime Minister] is capable of again performing them or ha{, vacated his office. . (6) . The power conferred on the [Queen's Representatiye] under the provisions of subclause (5) of this -Article shall be exercised by the [Queen's Representative], acting in his discretion, if in his opinion it is impracticable fo obtain the advice of the [Prime Ministe1J by reason of the illness or absence of the [Prime Minister], and, in any other case, shall be exercised by the [Queen's Representative], acting on the advice of the [Prime Minister]. (7) The [Queen's Representative], acting on the advice of the [Prime Minister], may, by instrument under the Seal of the Cook Islands - (a) Declare a Minister to be by foason of illness temporarily incapable of pe1forrning his functions as a Minister; or . (b) Suspend a Minister during the period of any investigation or inquiry into the conduct of that Minister. (8) Any Minister in ·respect of whom action has been taken under the provisions of subclause (7) of this Atiicle shall not perform any of the functions of his office or sit in or otherwise take part in the proceedings of Cabinet or of the Executive Council until the [Queen's Representative], acting on the advice of · the [Prime Minister], has revoked the aforesaid instrument under the Seal of the Cook Islands. Subclause (1) was substituted by section 2(a) of the Constitution Amendment (No 15) Act 1993 Subclause '{2) was repealed by section 2(b) of the Constitution Amendment (No 15) Act 1993 Constitution 177 The words "Prime Minister" were substituted for the word "Premier" in subcl (2) (in two places), (3) (in sevenplaces),(4) (8) bys 3(3) of the Constitution Amendment (No 9) Act 1980-81 (Cl) The word "Parliament" was substituted for the words, "the Legislative Assembly" in subcls (1), (in two places), (2), (3)(in three places) and (4) and also for the words "the Assembly" in subcls (1) (3) and (4) by s 6 of the Constitution Amendment (No 9) Act 1980-81 (Cl) The words "Queen's Representative" were sµbstitutedfor the words "High Commissioner" in subcls (1), (2), (3) (in four places), (4) (in two places), (5), (6) (in three places), (7), and (8) bys 4(1) of the Constitution Amendment (No I0)Act 1981-82 (Cl) . Official Oath . 15 Every Minister shall, before assuming the functions of his office, take and · subsc1ibe before the [Queen's Represe11tative] the following oath: I, ............... , being chosen and accepted as [Prime Minister] (or a Minister) and member of C!!binet, swear by Alniighty God that I will to the · best of my judgement, at ali times when thereto required, freely give my c:ounsel and advice to the [Queen's Representative], for the good managemeht of the affairs of the Cook Islands and that I will not directly or indirectly reveal such matters as shall be .debated in Cabinet and committee and in Executive Council and committed to my secrecy, but that I will in any such things be a true and faithful [Prime Minister] (or Minister). So help me God. The words "Prime Minister" were substituted for the word "Premier" in ·subcls (I) and (2) bys 3(3) of the Constitution Amendment (Nq 9) Act 1980-8! (Cl). Assignment of responsibilities to Ministers 16 (1) The [PrimeM:ittlster] may, by direction~ writing under his hand- (a) Charge any Minister with the respoµsibility for any Department or subject; and · (b) Revoke or vary any direction given under the provisions of this subclause. (2) The [Prime Minister] may retain in his charge any Departrr1ent or subject. The words "Prime Minister" were substituted for the word "Premier" (in two places) bys 3(3) of the Constitution Amendment (No 9) Act 1980-81) (CI) . . For the manner in which the Attorney-General is appointed, see the ·crown Law Office Act I980 . · Summoning of Cabinet 17 Cabinet shall be summoned only by the [Prime Minister], or in his absence, by such Minister as the [Plime Minister] appoints in that behalf.. The words "Prime Minister" were substituted for the word "Premier" (in two places) bys 3(3) of the Constitution Amendment (No 9) Act 1980-81) (CI) Cabinet procedure · 18 (1) Subject to the provisions of this Constitution, .Cabinet may regulate its procedure (including t11e fixing of a quorum) in such manner as it thinks fit. (:2) Cabinet shall not be disqualified for the transaction of business by reason of , any vacancy in the number of its members, and any proceedings· of Cabinet . shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Cabinet or otherwise took part in•the proceedings. 178 Cook lsla1tds Laws (3) It shall be the dl!ty 9f the [Prime Minister], if the:[Queen's Representative], acting in his discretion, so requires, to submit for. the •consideration 'of Cabinet any matter oh which a decision has beer! taken by a Minister (including the [Pdme Minister]) bnt which has not been considered by Cabinet. (4) A decision of Cabinet shall be recorded in minutes, which shall, under the hand of tfal' Secretary of the C&binet, -be. communicated to the [Queen's Representative) within 48 hours of the making of the decision or, if the ' decision is one to which paragraph (c) of subclause (1) of Article 19 hereof applks, within 24 hours of the making of the decision. (5) A decision of Cabinet shall not take effect except nuder the provisions of