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section 2(3) of the Constitution Amendment (No 13) Act 1992 The opening words of subclause (4) were deleted by section (4) of the Constitution Amendment (No 13) Act 1992 ·This Article was substituted for Article 74B (as substituted bys 2 of the Constitution Amendment (No 6) Act 1973 (CI) for Article 74B that had been inserted bys 4 oftlze Constitution Amendment (No 2) Act 1968- 69, (CI) bys 10(2) of the Constitution Amendment (No 9) Act 1980-81 (Cl)) . The words "Queen'o Representative" were substitutedfo,r the words "High Commissioner" in paras (b) and (c) of subcl (2) bys 4(1) of the Constitution Amendnwnt (No 10) Act 1981 -82 ( CI) [Exempted positions 74BB (1) The positions specified in snbclause (2) of this Article are hereby designated as exempted positions. (2) The exempted positions shall be" (a) The Secretary t0 tbe Cabinet; (b) [[All Heads of Departments, regai·dless of their titles or designations;]] (c) The [[Government Representative]] in each of the islands of the Cook Islands otber than Rarotonga. (3) Appointments to the exempted positions and the reinoval of any person from an exempted position shall be made by the Public Service Commissioner in accordance with a decision of Cabinet. (4) The positions designated as special posts pursuant to snbclause (3) of Article 74B hereof (as enacted by section 2 of the Constitution Amendment (No 6) Act 1973) shall cease to be designated as such and aie hereby declared to have been vacated at the commencement of this Article. (5) Where- (a) Any person who before his appointment to an exempted position was an employee of the Cook Islands Public Service is removed from that position by the Public Service Commissioner in accordance with a decision of Cabinet; or (b) A person whose appointment to a position designated as a special post has te1minated under subclause (4) of this Article is not appointed to an exempted position, and before his appointment to that special post he was an employee of the Cook Islands Public Service - he shall be re-appointed to that Service with the grading held by him immediately before his appointment to the exempted position or to tbat special J?OSt, as the case may be. . (6) Every decision. of Cabinet under subclause (3) or subclause (5)(a) of this A1ticle or to remove any person from an exempted position shall be deemed to be a decision to which Article 25 hereof (which· relates to the reconsideration of Cabinet decisions by tbe Executive Connell) applies. This Article was inserted by s 11 of the Constitution Amendm,;nt (No 9)Act 1980-81 (CI) The words in square brackets in paragraph (b) of subclause (2) were substituted by section 3 of the Constitution Amendment (No 13) Act 1992 Constitution 203 The words in square brackets in paragraph ( c) of subclause (2) were· substituted by section 3 of the Constitution Amendment (No 13) Act 1992 . [Procedure of Public Serv.i.ce Commissioner 74C (1) Subject to the provisions of this Constitution and of any law, the Public Service·Commissioner may - (a) Exercise his functions in such manner as he sees fit; and (b) ·· · Delegate any of his functions to any person or persons. (2) When acting with the heads of departments for the purposes of making promotions·or appointments to or in graded positions pursuant to [[subclause (3)]] of Article 7 4B of this Constitution, the Public Service Commissioner and the heads of departm,ents shall regulate .their own proced11re and exercise their functions in such manner as they think fit.] . This Article wqs substituted for Article 74C by$ 2 of the Constitution · Amendment (No 6) Act 1973 (Cl) for Article 74C that had been inserted by.s 4 of the Constitution Amendment (No 2) Act 1968-69 (Cl) . The words "subclause (3)" were substitutedfor the words "subclause (2)" in subcl (2) bys 10(3) of the Constitution Amendment (No 9)Act 1980-81 ( Cl) Staff of Queen's Representative 75 (1) Except as provided in subclause (2) of this Article; the appointment, terms of service, disciplinary control, termination of appointment, and dismissal of staff of the [Queen's Representative] shall be matters for the [Queen's Representative], acting in his discretion. (2) The [Queen's Representative], ifhe so desires, may appoint to his staff such employees of the Cook Islands Public Service as he may select, acting in his discretion but after consultation with the [Prime Minister], from a list submitted by the [Public Service Commissioner]; and the provisions of subclause (1) of this Article (except so far as they relate to appointment) shall apply,in relation to a person so·appointed in respect of his service on the staff of the [Queen's Representative] but not in respect of his service as an employee of the Cook Islands Public Service. The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (1) (in two places) and (2) (in two places) bys 4(1) of the Constitution Amendment (No 10) Act 1981-82 (~ . The-Words "Prime Minister" were substituted for the word "Premier" in subcl (2) bys 3(3) of the Constitution Amendment (No 9)Act 1980-81 (Cl) The words "Public Service Commissioner" were substituted for the words "Public Service Commission" in subcl (2) bys 7(1) of the Constitution Amendme(it (No 11) Act 1982 {Cl),.those words having previously been substituted for the words "Secretary to the Premier's Department" bys 5 of the Constitution Amendment (No 2) Act 1968- 69 (Cl) · Board of Appeal 76 (1) There shall be a Cook Islands Public Service Boar.d of Appeal, which shall consist of - (a) The [Chief Justice] of the High Court; (b) One person, being an employee or former employee of the Cook Islands Public Service, to be appointed by, and hold office at the pleasure of, the [Queen's Representative], acting on the advice of the [Prime Minister]. · (c) One person, being an employee or former employee of the Cook Islands Public Service, to be elected by the employees of that Service 204 Cook Islands Laws or nominated by an organisation of those employees, and to hold office for a period of 3 years. · (2) The [Chief Justice] shall be Chahman of the Board of Appeal. [(2A) In the absence of the Chief Justice from any sitting of the Board of Appeal, any other Judge of the High Court nominated by him, either generally or in any particular case, may atte1id the sitting in his stead, and while so attending shall be the Chairman ,of the Board of Appeal]. (3) An Act- . (a) Shall prescribe whether or not the person to be appointed under the provisions of paragraph (c) of subclause (1) of this Article is to be elected or nominated and the mannet of that election or nomhtation; (b) May provide for the appointment or'deputies to act for members of the Boar.d of Appeal appointed undei; the 1.;rovisions of paragraph (b) or .paragraph (c) of subclause (1) of th1S Article; (c) Shall prescribe the jurisdiction of the Board of Appeal to heai· and determine appeals from the decisions of the [Public Service Commissioner (whether acting alone or together with two heads of departments)] [or in accordance with a decision of the Public Service Appointments Board]) in relation to the Cook Islands Public Service. (d) Shall prescribe the procedure of the Board of Appeal. (4) Subject to the provisions of any Act, the Board of Appeal shall determine its own 1;>roced~re. · . (5) In this Article the term "employee" does not mclude a temporary or probationaty employee. The words "Chief Justice" were substituted for he words «Chief Judge" in sub els {l)( a), and (2) by s 2(a) of the Constitution Amendment (No 7) Act 1975 ( Cl) The words "Prime Minister" were substituted for he word "Premier" in subcl (l}(a) bys 3(3) of the Constitution Amendment (No 9)Act 1980- 81 CI) Subcl (2A) was inserted bys 12 of the Constitution Amendment (No 9) Act 1980-81 Cl) The words in the first set of square brackets in subcl (3)( c) were . substituted for th_e words "Public Service Commission" by s 10(1) of the Constitution Amendment (No 10) Act 1981-82 (Cl), and the words in the second set of square brackets in subcl (3 )( c) were inserted by s 5 of the Constitution Amendment (No 11) Act 1982 (CI). PART VIA. [MISCELLANEOUS PROVISIONS Persons entitled to permanent residence 76A (1) A person shall have the status of a permanent resident of the Cook Islands if he was born in the Cook Islands, and • · (a} Either or both of his parents had the status of a permanenttesident of the Cook Islands at the date of his birth; .or · (b) 1n the case of a child who was born after the death of his father to a mother who did not have that status at the date of birth of the child, his father had that status at the· date of his death; or (c) He was adopted by a person who at the date of adoption had th.at status. (2) Any person may apply, pursuant to the provisions of an Act of Parliament, for a certificate granting to him the status of a permanent msident of the Cook Islands. · (3) AnActmay- (f\) Prescribe the qualifications to be held by a person to whom subclauses (2) of this Article applies who is an applicant for such a certificate, and Constitution 205 the circumstances in which such an applicant is disqualified from being granted such a certificate; and (b) · Presc1ibe the conditions subject to which such a certificate may be granted to a person to whom subclause (2) of this Article applies; and (c) Confer on a Minister a discretion to grant or refuse such a certificate to a person to whom subclause (2) of this Article applies; and . . (d) Prescribe the circumstances in which such a certificate granted may be revoked: Provided that any certificate granted may only be ievoked by a Judge of the High Cont!. (4) Notwithstanding any of the ptovisions of this Article, the Minister responsible for immigration may cancel any certificate granted if the person to whom the certificate relates is absent from the Cook Islands contionously for a period exceeding three years in cltcumstances indicating that the person has ceased to make his home in the Cook Islands. (5) Nothi:ng in this Article shall affect the status as a permanent resident of the Cook Islands of any person holding that status pursuant to the Entry, Residence, and. Departure Act 1971-72, immediately before the commencement of this Article·. The .Prerogative of Mercy and Pardon 76B The Prerogative of Mercy and Pardon shall be exercised by the [[Qneen·'s Representative]], acting pursuant to a resolution of Parliament, provided that any such resolution must receive the support of not less than two-thirds of the total membership .(including vacancies) of Parliament. The words "Queen's Representative" were substituted for the words"High Commissioner" bys 4(1) of the Constitution Amendment (Nd JO) Act 1981-82 (Cl) The Cook Islands Ensign 76C . (1) The Cook Islan_ds Ensign shall be the flag described in the Third Schedule to this Constitution. (2) Toe· Cook Islands Ensign is hereby declared to be the recognised flag of the Cook Islands. (3) Provision may be made by enactment prescribing the circumstances in which and the conditions subject to which· the Cook Islands Ensign may be flown, and prohibiting the defacing of the ensign by placing any sign, representation or letter thereon. · [National anthem of the Coolk Islands 76D (1) The anthem entitled "Te Atua Mou E" shall be the national anthem of the Cook Islands. (2) The words of the national anthem shall be as set out in the Fourth Schedule to this Constitution.] · This Part VIA was inserted bys 13 of the Constitution Amendment (No 9) Act 1980-81 (Cl} PART VII TRANSI1'.IONAL PROVISIONS. Existing law to continue 77 Subject to the provisions of this Constitution - · (a) The existing law shall, until repealed, and subject to any amendment thereof, continue in force on and after Constitution Day; 206 Cook Islands Laws (b) All rights, obligations, and liabilities adsing under the existing law shall continue to exist on and after Constitution Day, and shall be recognised, exercised, and enforced accordingly. 78 Repealed bys 15 of the Constitution Amendment (No 9)Act 1980-81 (CI): 19 Repealed bys 2(1) of the Cook Islands Constitution Amendment Act 1965 (NZ). 80 Legislative Assembly of the Cook Islands (1)-(3) Repealed bys 15 of the Constitution Amendment (No 9) Act 1980-81 (Cl). (4) Subject to the provisions of this Constitution, the Standing Ordel's of the Legislative Assembly in force immediately before Constitution Day shall continue to be the Standing Orders of [Parliamynt], and they may be amended, repealed, or added to under the provisions of Article 34 hereof. The word "Parliament" was substituted for the words "Legislative · Assembly" in subcl (4) bys 17(4) of the Constitution Amendment (No 9) Act 1980-81 (Cl) Ordinances of Former Legislativi: Council or Legislative Assembly 81 (1) Every Ordinance made by the Legislative Council of the Cook Islands under