88

Article 88, were in force immediately before that date, sees 22 of that Act, post. PART IV THE JUDICIARY THE HIGH COURT OF THE COOK ISLANDS [High Court established 47 (I) There shall be a Court of record, to be called the High, Court of the Cook Islands, for the administration of justice throughout those islands. (2) Except as provided in this Constitution or by law, the High Court shall have all such jurisdiction (both civil jurisdiction, including jurisdiction in relation tq land, aud criminal judsdiction) as may be necessary to administer the law in force in the Cook Islands. - · · (3) There shall be 3 Divisions of the High Court, namely - (a) A Civil Division; (b) A Criminal Division; (c) A Land Division. (4) A Judge of the High Comt may exercise any of the jurisdiction aud powers of a Judge of any Division. (5) Nothing in this Article shall prevent a Judge of iµiy Division from exercising auy of the powers of a Judge of the High Court, whether or not in his capacity as a Judge of that Division. - (6) Subject to the foregoing provisions of this Article aud to Article 48 hereof, each Judge of the High Court, or any 2 or more Judges, may, in any part of the.Cook Islands and at auy time or place, exercise all the powers of the High Court.] · [Jurisdiction of Divisions of the High Court 48 · (1) Each Division of the High Court shall hear and detennine - (a) Such proceedings as are, under or by virtue of any enactment, to be heard and detetmined by that Division; (b) Such other proceedings as may f1:om-time to time be detetmined by the Chief Justice, either generally -or in any particular proceedings or classes of proceedings. · (2) Subject to ·subclause (3) of this Article, the Land Division-shall have all the jurisdiction and powers in relation to land that immediately before the commencement of this Article were conferred on the Land Court of the Cook Islands, and shall have such other jurisdiction as may be conferred on it by enactment. · (3) Notwithstanding anything in this Article, the Land Division shall not exercise auy jurisdiction or power in relation to laud in any of the Islands of Mangaia, Mitiaro and Pukapuka that was not, according to local custom, being exercised by the Land Court before the commencement of this Article unless·- (a) In the case of land in the Island of Mangaia, the exercise of such jmisdiction or power is requested by the Aronga Maua of Mangaia; Constitution 191 (b) In the case of land in the Island of Mitiaro, the exercise of such jurisdiction or power is requested by 1he ArongaMana ofMitiaro; (c) In the case of land in the Island of Pukapuka, the exercise of such julisdiction and power is requested by the Aronga Mana of Pukapuka.] [Judges of the High Court 49 (1) The High Court shall consist of 1 or more Judges, each of whom shall be appointed under the provisions of this Constitution. (2) If only 1 Judge is so appointed, he shall be the Chief Justice of the Cook Islands, but if more than 1 Judge is appointed, one of them shall be appointed as the Chief Justice of the Cook Islands. (3) A person shall not be qualified for appointment as a Judge of the High Court -wider this A1ticle, unless - · (a) He holds or has held office as a Judge of the High Court of New Zealand or of the Supreme Court of New Zealand or of the Court of Appeal of New Zealand or an equivalent office in any other part of the Commonwealth or in a designated country; or (b) He has been in practice as a barris.ter in New Zealand or in any other part of the Commonwealth or in a designated country, or partly in New Zealand and partly in any other part of the Commonwealth or in a designated country, for a period of, or periods amounting in the aggregate to, not less than 7 years. (4) The [[Queen's Representative]], acting in his discretion, may declare to be a designated country for the purposes of this Article any country which in his opinion has a legal system similar to that existing in New Zealand.] The words "Queen's Representative" were substituted for the words "High Commissioner" in subcl 4 by s 4(1) of the Constitution Amendment(No lO)Act 1981-82 (CI) [Acting Chief Justice of the High Court 50 Where any vacancy exists in the office of Chief Justice of ·the High Court or the Chief Justice of the High Court is absent from the Cook Islands, or is, by reason· of illness or any cause other than absence from the Cook Islands, unable to perform the office or exercise any function of Chief Justice of the High Court, the senior other Judge of the High Court for the time being in the Cook Islands may perform that office or exercise that function until a Chief Justice of the High Court is appointed, or, as the case may be the Chief Justice of the High Court resumes that office or exercises that function. [Acting Judge of the High Court 51 (1) The [[Queen's Representative]], acting on the advice of the Chief Justice and tlie Minister of Justice, may appoint any person who is qualified for appointment as a Judge of the High Court tci act as a Judge of the High Cou1t, if there is no Judge of the High Court for' the time being in the Cook Islands or, by reason of illness or other cause, there is no Judge of the High Comt available to act. (2) Any appointment made under this Article may be revoked at any time by the [[Queen's Representative]], acting on the advice of the Chief Jnstice.] The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (1) and (2) by s 4(1) of the Constitution Amendment (No J0)Act 1981-82 (CI) · 192 Cook Islands Laws APPOINTMENT, TENURE OF OFFICE AND SALARIES OF JUDGES [Appointment of Judges 52 The Chief Justice and other Judges of the High Cqurt shall b(:) appoint(:)d as follows - (a) The Chkf Justice of the High Court shall be appoint(:)d by th(:) [[Q9een's Representative]], acting on the advice of the Executive Council tendere_d by the Prime Minister; (b) The other Judges of the High Court shall be appointed by thei [[Queen's Representative]], acting on the advice of the Executive CouncU tendered by the Chief Justice. of the High Court and the Ministe1' of Justice.] • The words "Queen's Representative" were substituted for the words "High Commissioner" in paras (a) and (b) bys 4(1) of the C9nstitution Amendment(No JO) Act 1981-82 (Cl) (Tenure of office of Judges 53 (1) · Except .in the case of an appointment made under subclause (2) of this Article, no person who has attained the age of 70 years shall be appointed to or continue to hold office as the Chief Justice or other Judge of the High Court. (2) Any person of any age who does not reside in the Cook Islands and who is qualified for appomtment may be appointed to hold office as the Chief Justice or other Judge of the High Court for a term of not more than 3 years, but may be reappointed for one .or mor() further teims, being in each case a term of not more than 3 _y()ars. (3) Nothing done by the Chief Justice or other Judge of the High Court in th() performance of his functions shall be deemed to be invalid by reason only that he has reached the age at which he is required by this Article to retire or that bis term has expired, as the cas() may be. (4) The Chief Justice or any other Judge of the High Court may resign his office by wiiting under his hand addressed to the [[Queen's Representative]]. · The words "Queen's Representative" were substituted for the words "High Commiss_ioner" in sµbcl (4) by s 4(l) of the Constitution Amendment (No JO) Act 1981-82 (Cl) [Removal of Judge from off/ce 54 (1) The Chief Justice or any other Judg() of the High Court, other than a Judge appointed under the provisions of Article 51 hereof, may be removed fro1n office by the [[Queen's Representative]] only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or misbehaviour, and shall not be so removed unless the qu()stion of removal of the Chfof Justice or other Judge from office has been referred to a tribunal appointed under subclause (2) of this Article and that tribunal has recommended that the Chief Justice 01· other Judge be removed from office for inability as aforesaid or misbehaviour. (2) If the Prime Minister advises the [[Que()n's Representative]] that the question of removing from office the Chief Justice or any other Judge of the High Court for inability as aforesaid or misbehaviour ought to be inv()stigated, then - (a) The [[Queen's Representative]] shall appoint a tribunal consisting of a chairman and 2 other members; and . (b) The tribunal shall inquire iuto the matter aud report on the facts thereof to the [[Queen's Rep'resentativeJ] and recommend to the [[Queen's Representative]] wh()ther or not the Chief Justice or other Judges should be removed from office; and · (c) If the tribunal recommends that the Chief Justice or other Judge be so removed, the [[Queen's Representative]] shall, by warrant, revoke the appointment of the Chief Justice or other Judge, as the·case may be. Constitution 193 (3) No person shall be qualified for appointment as a member of a tribunal under this Article unless he is qualified for appointment as a Judge of the High Court under Article 49 hereof. (4) No business shall be transacted by a tribunal appointed under this Article unless all 3 members are present, and all questions proposed for decision by the tribunal shall be decided by the votes of a majority of those members. (5) Subject to this Article, the tribunal shall determine its own procedure. (6) If the question of removing from office the Chief Justice or any other Judge of the High Court has been referred tQ a tribunal under subclause (2) of this Article- (a) The [[Queen's Representative]], acting on the adv.ice of the Prime Minister, may suspend the Chief Justice or other Judge from pe1fonning the functions of his office for a period of 1 mo/1th; (b) If the decision of the ttibunal has not been given before the expiration of that period; the [[Queen's Represelitativel], acting on the advice of · the Executive Council tendered to him by the Prime Minfater, may suspend the Chief Justice or other Judge from performing the functions of his office for a further period of 1 month. (7) Any such suspension may be at any time revoked by the [[Queen's Representative]], acting on the advic(l of the Prime Minister in the case of a suspension under paragraph (a) of subclause (6) ofthis Article and on the advice. of the Executive Council in the case of a suspension under paragraph (b) of that subclause, and shall in any case cease to have effect if the tribunal - (a) Before the expiration of the total period of suspension, recommends to the [[Queen's Representative]] that the Chief Justiq~ or other Judge be not removed from office; or . (b) Does not, before the expiration of the total period of suspension, recommend to the [[Queen's Representative]] that the Chief Justice or other Judge be removed from office. . The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (J); (2) (in/Ive places), (6) (in two plac?s), and (7) (in three places) by s 4(1) of the Constitution Amendment (No JO)Act 1981-82 (CJ) [Salaries of Judges 55 · (1) The salaries of the Chief Justice and other Judges·· of the High Com't shall be determined by Act, and shall be charged on the Cook lslands Government Account. . (2) The salaries of those Judges shall not be diminished during their peliod of office, unless as part of a general reduction of salaries applkd proportionately to all persons whose salaries are detewined by enactment, COURT OF APPEAL [Court of Appeal established 56 (1) There shall he a Court of Appeal of the Cook Islands, which shall be a supetior Court of record. (2) Subject to Articfos 57 and 58 hereof, the Judges of the Con.rt of Appeal shall be- . . (a) A Judge of the Court of Appe.al of New Zealand or a person who has held office iis a Judge of that Court, or a Judge of the High <.;ourt of New Zealand, to be appointed by the [[Qur;en's Representative]] acting on the advice of the Executive Council tendered to him by the Plime Minister; Md · (b) The Chief Justice and other Judges of the High Comt; and (c) Such other persons, possessing the qualifications presclibed by subclause (3) of this Article, as may from time to time be appointed by the ffQueen's Representative]] acting on the advice of the Exec\ltive Council tendered to him by tbe Prime Minister. 194 Cook· Islands Laws (3) No person shalJ be qualified for appointment as a Judge of the Court of Appeal under paragraph .(c) of subclause (2) of this Article, unless he is qualified under Article 49 hereof to be appointed as a Judge of the High Court. · (4) The Judge of the Court of Appeal of New Zealand, or, as the case may be, the person who has held office as a Judge of that Court or the Judge of the High Court of New Zealand who is a member of the Court of Appeal of the Cook Islands, shall be the President of the Court of Appeal of the Cook Islands, but in his absence the Chief Justice of the High Court, if present, shall preside, but if the Chief Justice is also absent, the Judge present who is highest in seniodty shall preside. . (5) Judges of the Comt of Appeal shall take seniority according to the respective dates of their first appointment as Judges, whether of the High Court or of the Court of Appeal or of any Court in any place outside the Cook Islands. (6) An apppintment under paragraph (c) of subclause (2) of this Article shall be for a pedod of time or for the tdal or headng of one or more particular causes or matters, as may be specified in the instrument of appointment. The words "Queen's Representative" were substituted for the words "High Commissioner" in pal'as (a) and ( c) of subcl (2). bys 4( I) of the Constitution Amendment (No lO)Act 1981-82 (Cl) ' [Number of Judges 57 · (1) . Any 3 Judges of the Court' of Appeal may exercise all the powers of the Court: Provided that the Court may have its judgment delivered by any one of its members who is also a Juqge of the High Court, and, if there is no such member, then through the Registrar of the Court of Appeal. (2) The judgment of the Court of Appeal shall be in accordance with the opinion of the majority of the Judges present.] [Judges not to sit on appeals from own decision 58 A Judge of the Court of Appeal shall not sit oh the hearing of an appeal from any decision made by him or by a Comt on which he sat as a member.] [Deter111inati.on of Colirt of Appeai 59 (1) · Except as provided in subclause (2) of this Article, the determination of the Comt of App()al shall be final, and there shall be no appeal to the High Cqurt of New Zealand or to the Court of Appeal of New Zealand from any judgment of the Court of Appeal of the Cook Islands. (2) There shall be a tight of appeal to Her Majesty the Queen in Council, with the leave of the Comt of Appeal, or, if such leave is refus.ed, with the leave of Her Majesty the Queen in Counoil, from judgments of ihe Comt of Appeal in such cases and subject to such conditions as are prescdbed by Act.] [Jurisdiction of Court of Appeal 60 (1) .Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to heat· and determine any appeal from a judgment of the High Court. (2) Subject to the provisions of this Constitution, and except where under any Act a judgment of the High Court is declared to be final, an appeal shall lie to the Court of Appeal from a judgment of the High Comt - (a) As of right, if the High Court certifies that tl~e case involves a substantial question of law as to the interpretation or effect of any provision of this Constitution; (b) As of right, from any conviction by the High Court in the exercise of its criminal jurisdiction whereby the appellant has been sentenced to death or to imprisonment for life or for a term exceeding 6 months or to _,.,,.,;,.i.:~,,_,,.-,,,.:r:-,.4-a .1~~-- Constitution 195 a fine of l)Ot less than $200 and from any such sentence (not'being a sentence fixed by law); · (c) · As of right, when the matter in dispute on the appeal amounts to or is of the value of $400 or upwards; · (d) As of right, from any judgment of the High Comtinvolving any question as to the inter[)retation or application .or effect of any provision of Part NA of this Constitution. " (e) With the leave of the High Court in any other case, if in the opinion of that Coutt the question involved in the appeal is one which by reason of its general or public importance, or of the magnitude of the interest affected, or for any other reason, ought to be submitted to the Court of Appeal for decision. [(3) Notwithstanding anything in subclause (2) of this Article, and subject to such limitations as may be prescribed by Act, the Court of Appeal may in any case in which it thinks fit and at any time, grant special leave to appeal to that Courffrom any judgment of the High Court, subject to such conditions as to security for costs and otherwise as the Court of Appeal thinks fit.] (4) In this Article the term "judgment" includes any judginent, decree, order, , writ, declaration, conviction, sentence, or other detennination.] Subclause (3) of Article 60 was substituted by section 2 of the Constitution Amendment (No 16) Act 1993-94 [Transmission of order of Court of Appeal 61 The determination of the Court of Appeal on any appeal from the High Court shall be transmitted to the Registrar of the High Court by the Registrar of the Court of Appeal under the seal of the Court of Appeal, and judgment shall thereupon be entered by the High Court in conformity with that determination, or such other proceedings by way of a new trial or otherwise shall be tal<en in the High Court as are required by that determination. JUSTICES OF THE PEACE [Justices of the Peace · 62 (1) The [[Queen's Representative]], acting on the advice of the Executive Council tendered to him by the Minister of Justice, may appoint Justices of the Peace for the Cook Islands, who shall hold office for such time as may be prescribed in their warrants of appointment and may be paid such remuneration as may be prescribed by enactment (2) Repealed bys 2 of the Constitution Amendment (No 12) Act 1986. (3) An Act shall prescribe the jurisdiction and powers of Justices of the Peace appointed under this Article and for an appeal to lie to the High Court from a fmal judgment of a Justice of the Peace. (4) A Justice of the Peace for the Cook Islands shall not be removed from office as such, except by the [[Queen's Representative]], acting on the advice of the Chief Justice. (5)• In [[sul:iclause (3)]] of this Article the term "judgment" includes any judgment, decree, order, writ, declaration, conviction, sentence, or other determination. . The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (1) and (4) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (Cl) The words "subclause (3)" were substituted/or the words "subclause (2)" bys 8 oftheConstitutionAmendment (No JO) Act 1981-82 (Cl) 196 · Cook Islands Laws OATH OF ALLEGIANCE AND JUDICIAL OATH [Oath of Allegiance and Judicial Oath 63 (1) Every Judge of the Court of Appeal who is not a Judge of the Court of Appeal of New Zealand or of the 1Iigh Court of New Zealand or a Judge of the High Court of the Cook Islands and' every Justice of the Peace for the Cook Islands, shall, as·;;oon as may be after his acceptance of office, take and subscribe before the [[Queen's Representative]] the following oaths - (a) ·An Oath of Allegiance in.the following fonn: I, ............... , swear by Almighty God that r will be faithful and bear true allegiance to He!' [ or His] Majesty [Specify the n.aine of the reigning Sovereign as thus: Queen Elizabeth the Second], as the Head of State of the Cook Islands, Het [or His] heirs, and successors, in accordance with the Constitution and the law. So help me God. (b) The Judicial Oath in the follm','.ing form: I, ............... , swear by Almighty God that I will well and truly serve Her [ol' His] Majesty [Specify ·as above] as the Head of State of the Cook Islands, Her [or His] heirs, and successors, in accordance with the Constitution and the law, in the office of ........: ...... ; and I will do right to all manner of people, without fear or favour, affection or ill will. So help me God. (2) If any person mentioned in this Article declines or neglects, when the oaths required to be taken by him under this Article are duly tendered, to take those oaths, he sh.all if he has already entered on his office vacate the same, and if he has not entered on the same be disqualified froin entering on the same; but no person shall be compelled in respect of the same appointment to the same office to take any oath more than once: Provided that no proceedings before any such person may be ques.tioned in any Court solely on 'the ground that that person has failed to take the oaths prescribed by this Article. · The words "Queen's Represehtative" were substituted for the words "High Commissioner" in subcl (1) by s 4(1) of the Constitution Amendment (No 10) Act 1981 {Cl) · Part JV was substituted for the original Part JV by s Z of the Constitution Amendment (No 9) Act 1981-82 PART IVA FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS [Fundamental human rights and freedoms 64 (1) It is hel'eby l'ecognised and declared that in the Cook Islands there exist, and shall continue to exist, without discrimination by reason of race, national origin, colou!', religion, opinion, belief; or sex, the following fundamental human rights and freedoms - (a) The right of the individual to life, liberty, and security of the person, and the dght not to be deprived thereof except in accordance with law; (b) The right of the individual' to equality before the law and to the protectioh of the law; (c) The right of the individual to own property and the right not to be · deprived theteof except in accordance with law: . Provided that nothing in this pa!'llgraph or in Article 40 of this Constitution shall be construed as Hmiting the power of Parliament to prohibit or restrict by Act the alienation of Native land (as defined in section 2(1) of the Cook Islands Act 1915 of the Parliament of New Zealand); (d) Freedom of thought, conscience, and religion; (e) Freedom of speech and expression; Constitution 197 (f) Freedom of peaceful assembly and association. > (2) It is hereby recognised and declared that every person has duties to others, and accordingly is subject in the exercise of his rights and freedoms to such limitations as are irr\posed, by any enactment or mle of law for the time being in force, for protecting the rights and freedoms of others or in the interests of public safety, order, or morals, the general welfare, or the security of the Cook Islands. · [Construction of law 65 (1) Subject to subclause (2)·of this Article and to subclause (2) of Article 64 hereof, eve1y enactment shall be so construed and applied as not to abrogate, abridge, or infringe or to authorise the abrogation, abridgement, or infringement of any of the rights or freedoms recognised and declared by , subclause (1) of Arttcle 64 hereof, and in particular no enactment shall be construed or applied so as to - (a) Authorise or effect the arbitrary detention, imprisonment, or exile of any person; ·or . (b) Impose or authorise the imposition on any person of cmel and unusual treatment or punishment; or /.) ~ (c) Deprive any person who is arrested or detained - ftl'Js.'f"- (i) Of the right to be informed promptly of the act or omission for which he is arrested or detained, unless it is impracticable to do so or unless the reason for the arrest or detention is obvious in the circumstances; or · (ii) Of the right, wherever practicable to retain and instruct a barrister or solicitor withoi:\t delay; or (iii) Of the right to apply, by himself oi' by any other person on his behalf, for a writ of habeas corpus 'for. the determination of the validity of his detention, and to be released if his detention is not lawful; or (d) Deprive any person of the right to a fair hearing, in accordance with the principles of fundamental justice, for the determination of his rights and obligations before any tribunal or authority having a dnty to act judicially; or (e) . Deprive any person charged with an offence of the right to be presuined , innocent until he is proved guilty according to law in afair and public hearing by an independent and impartial tribunal; or (f) Deprive any person charged with an offence of the right to reasonable bail,exceptforjustcanse;or · (g) Authorise the conviction of any person of any offence except for the breach of a law in ·force at the time of the act or omission; or (h) Authorise the imposition on any person convicted of any offence of a penalty heavier than that which might have been imposed under the law in force at the time of the commission of the offence. . . (2) Every enactment, and every provision thereof shall be deemed remedial, whether its immediate purpose is to direct the doing of anything, that the enacting authority deems to be for the public good, or to prevent or punish the doing of anything it deems contrary to the public good, and shall accordingly receive such fair, large, and liberal construction and interpretation as will best ensure the attainment [[of the object] of the enactment or provision thereof according to its true intent, meaning and spirit. (3) In this Article the term "enactment" includes any Act of the Parliament of England or the Parliament of Great Britain or the Parliament of the United Kingdom, being an Act in force in the Cook Islands, and any regulation, rule, order, or other instrument made thereunder. . · The words "of the object" were inserted in subcl (2) by s.9 of the Constitution Amendment (No JO )Act 1981 (Cl) ,; 198 Cook' lslancls Laws [Saving 66 Nothing in this Part of this Constitution shall limit or affect any right or freedom, not specified in th.is Part, that may exist in the Cook Islands at the commencement of this Part.] - · Part 1VA was inserted by s 8 of the Constitution Amendment (No 9) 1980-81 (Cl) PARTY THE PUBLIC REVENUES OF THE COOK ISLANDS Public Funds 67 There shall be a Cook Islands Government Account and such .other public funds or _accounts as may be provided by law . . Restriction on taxation 68 No taxation shall be imposed except by law. Public revenue 69 All taxes_ and other revenues and money raised or received by the Government of the Cook Islands shall be paid into tp.e Cook Islands Government Account unless required or peimitted by law to be ·paid into any other public fund or account. ·Revenue and ·expenditure of Cook Islands Government Account 70 (1) Except as provide.d in subclause (3) of this Article, or by any specific appropriation contained in any enactment, all expenditure in any financial year from the Cook Islands Government Account or from any other public fund or account, shall be charged to votes specified in an Appropriation Act and in accordance with the statement of proposed expenditure for that financial year as approved by [Parliament]. (2) Every Appropriation Act shall lapse at the end of the financial year to which it relates. (3) Subject to such limits and restrictions as may from time to time be prescribed by any enactment, the Minister responsible for finance, or, where any enactment so provides, the Execlltive Council, may approve the expenditure of such sums as he or it considers necessary - (a) In anticipation of provision to be made in [an Appropriation Act] for any financial year: Provided that the total amount issued and paid under this paragraph (a) in any financial year shall not exceed the unexpended balance of the vote jn the Appropriation Act [or Acts] for the preceding financial year· together with an amount equal to [five-twelfths] of that vote; or (b) Where during the period between the passing of the [last Appropriation . Act] for any financial year and the end of that year it is desirable that money shoulcj be expended in excess of or without the appropriation of [Parliament): Provided that the total amount of all sums issued and paid under this paragraph (b) in any financial year shall not exceed one and a half percent of the total amount of all sums appropriated by the Appropriation Act [or Acts] for that year. [(3A) The Audit Office shall, in the last Session of Parliament before the date on which a general election of Parliament is required to be held, forward to the Speaker for presentation to Parliament a separate report specifying any expenditure made in any financial year that is in excess of the ·limits prescribed by subclause (3) of this Article or by any other enactment and has not been reported in any report previously presented pursuant to this . Constitution 199 subclause, and Parliament may by Act validate the whole or any part o_f that expenditure.] (4) · A statement of the unauth01ised expeniliture for any financial year shall be included mthe accounts for that year laid before [Parliament]. . . (5) Subject to the foregoing provisions of this Artfole, the collection, receipt, custody, banking, issue, expenditure, care, and management of money credited or to be creilited to the Cook Islands Government Account ot to any other public fund or account shall be as prescribed by enactment. The word "Parliament" was substituted for the words "the Legislative Assembly" in subcls (1), (3)(b) and (4) bys 6 of the Constitution Amendment (No 9)Act 1980-8] (CI) The words "an Appropriation Act" were substituted for the words "the Appropriation Act" in subcl (3)(a) bys 9(2) of the Constitution Amendment (No 9) Act 1980-81 (Cl) _The words "or Acts" were inserted where they appear in the proviso to subcl (3)(a) bys 9(2)(d) of the Constitution Amendment (No 9) Act 1980-81 ( CI) The words "'five-twelfths" were substituted for the words. "one-fourth" in the proviso to subcl (3) of the Cotlstitution Amendment (No 2) Act 1968-69 (Cl) · The words ·"last Ap'i?,ropriation Act" were substituted for the words "Appropriation Act' in subcl (3)(b) _bys 9(2)(c) of the Constitution Amendment (No 9) Act 1980-81 (CI) The words "or Acts" were inserted where they appear in the proviso to ,subcl (3)(b) bys 9(2)(b) of the Constitution Amendment (No 9) Act 1980-81 (CI). Subcl (3A) was inserted bys 9(1) of the Constitution Amendment(No 9) Act 1980-81 (Cl) Audit 71 (1) The Audit Office of [the Cook Islands] shall be the auditor of the Cook Islands Government Account and of all other public funds or accounts, and of the accounts of all Departments and offices of executive government and of such other public, statutory, or local authorities or bodies as may be provided by law. . . (2) The A,udit Office shall, at least once annually, forward to the Speaker of [Parliament] for presentation to [Parliament]· a report containing such information as is required to be submitted by any enactment, together with such other infotmation relating to the; Cook Islands Government Account or other funds or accounts which under this Constitution or under any other enactment are required to be audited by the Audit Office as that Office considers desirable.· · · [(3) There shall be established by enactment a Public Expenditure Committee comprising - (a) a Chairman who shall not be a member of Parliament; and (b) such number of members of Parliament as shall be prescribed by enactment each of whom shall not, while a member of the Committee, be a member of Cabinet: (4) The enactment referred to in subclause (3) of this Article shall provide to the Public Expenditure Committee sufficient powers to investigate expenditure from the Cook Islands Government Account and other public funds or accounts of executive government and such other public statutory or local authorities or bodies as may be prescribed by law, and shall have such other functions, duties, powers, and responsibilities as shall be provided by enactment.] . The words. "the Cook ls lands" in subclause ( 1) were s_ubstitutedfor the words "New Zealand" by section 4(1) of the Constitution Amendment (No 14) Act 1991 · The word "Parliament" was substituted for the words "the Legislative ·Assembly" and also for the words "the Assembly"' in subcl (2) bys 6 of the Constitution Amendment (No 9) Act 1980-81 ( CI) 200 Cook Islands Laws Subclauses (3) and (4) were added by section 4(2) of the Constitution Amendment (No 14)Act 1991 PART V THE COOK JSLANDS PUBLIC SERVICE The Cook Islimds Public Servke 72 There shall be a Cook Islands Public Service, which shall compdse such persons in · the service of the Government of the Cook Islands as may from time to time be presc1ibed by law. [Public Servke· Commissioner 73 (1) There shall be a Public Service Commissioner appointed by the [[Quei:in' s Representative]] on th!:l advice of tho [[Prime Ministllr]], · (2) No porson shall be appointed to bo or shall remain the Public Service Commissioner - [[(a) If ho is not, or ceases to be, a Commonwealth citizen or a permanent xesident of the Cook Islands; or]] (b) Ifhe is or becomes a member of [[Parliament]]. (3) The Public Service Commissioner shall not hold concun-ently any other office in the Cook Islands Public ServiQe. (4) The actions of the Public Service Commissioner shall not be invalidated in consequence of the subsequent discovery of some defect with regard to his appointment. (5) · The Public Service Commissioner shall be paid such remuneration by way of salary and allowances as may from time to time be appropriated by [[Parliament]]. · This Article was substituted for Article 73 (as substituted by s 2 of the Constitution "Amendment (No 6) Act 1973 (CI) for Article 73 that had been substituted for the original Article 73 by s 4 of the Con.~titution Amendment (No 2) Act 1968-69 (Cl)) The words "Queen's Representatlve '' were substituted for the words High Commlssidnrr" in subc! (l) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (Cl) The words "'Prime Minister" were substituted for the word "Premier" in subcl (1) bys 3(3) of the Constitution Amendment (No 9) Act 1980-81 (CJ) Para,(a) of subcl (2) was substituted bys 10(1) afthe Constitution Amendment(No 9) Act 1980-81 (Cl) · The word "Parliament" was substituted for the words "Legislative Assembly" in subcl (2)(b) and in subcl (5) bys 6 of the Constitution Amendment (No 9) Act 1980,81 (Cl) [Term of Office of the Public Service Commissioner 74 . (1) The Public Service Commissioner shl!ll be nppointed for a term of not more than four years but shall bt;l cligible for re-appointment. (2) The Public Service Commissioner may at any time resign Ms office by wdting under his hand addressed to the [(Prime Minister)].] This Article was substituted bys 2 of the Constitution Amendment (No 6) Act 1973 (Cl) for Article 74 that had been substitutedfrH the angina/