Constitution of the Cook Islands
2
- Jurisdiction
- Cook Islands
- Provision
- 2
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceArticle 2 of this Constitution or this Article or making any provision
inconsistent_ wHh any of those provisions shall be submitted to tlw [Queen's
Representative] for his assent, unless • · · • .
(a) lt has bellri passed by the [Parliament] in accordance with the
provisions of subclause (1) of this Article; and
(b) It has been submitted to a poll, conducted in a manner prescribed by
law, of the-persons who are ent!tfod to vote as electors at a g1:meral
election ofmembtlrs ofthtl [Parlfament];and · .
(c) It has been supported by not less than two-thirds of the valid votes cast
in such a poll; and .. ·
(d) It is accompanied by a certificate under th() hand of the Speaker to that
effect. ·
The name of the Leg_islrtive Assembly of the Cook Islands was
changed to the Parliament of the Cook Is-lands by s 5 of the
C(mst/tution Amendment (No 9) Act J980-81, and the functions of that
Assembly are now pe1formed by Parliament
The fum:tions of the Htgh Commissioner are now pe1formed by the
Queen's Representative pursuant to ,yect/ons 2 and 4 of the Constitution
Amendment (No 10) Act 1981-82 (CI) ·
[Introduction of Bills, etc, foto Purliament
42 Subject to the pl'ovisions of this Constitution and of the S.tt!nding Orders of
Parliament, any member of Parliament may introduce any Bill Ql' propose any
motion for debate in or present any petitton to Parliament, @d the same shall be
considered and disposed of in accordance with the Standing Orders,
[Restrictions with regiffd to financial measurns
·43 Exc\'lpt upon the recommendation of th\'l [[Queen's Rtlpresentative]], Parliament
shallnot-
(a) Proceed upon any Bill (including an amendment to a Bill) that, in the
opinion of the person presiding, makes provision for any of the
following purposes -
(i) For the impositlon or alteration of taxation; or ·
(ii) For the, imposition of any charge upon the Cook Islands
Government Account or any other public fund or account or for
the alteration of any such charge otherwise than by way of
reduction; or ·
(iil) For the payment, issue, or withdrawal from the Cook Islands
Governm\'lnt Account or from any other public fund or account of
any money not charged thereon or ariy increase in the amount of
such a payment, issue, or withdrawal; or · .
(iv) For the composition or remission of any debt due to the Crown;
(b) Proceed upon any motion (including @y amendment to a motion) the
. effect of which, in thtl opinion of fhe person presiding, would be to
make provision for any of tliose purpo,1,es; . ·
(c) Receive any petition that, in the opinion of the person presiding,
requests that provision be made for any of those purpos\'ls.
The words "Queen's Representative" were substituted for the words
"High Commissioner" by s 4(1) of the Constitution Amendment (No
lO)Act 1981-82 (CI).
.,
Constitution 189
[Assent to J;lillS by [.Queen's Representative]
44 (1) . No Bill shall become law until it has been passed by Parliament and has been
assented to by the [[Queen's Representative]].
(2) · Whenever any Bill which has been passed by Parliament is presented to the
[[Queen's Representative]] for his assent, the [[Queen's Representative]]
shall, acting on the advice of the [[Prime Ministe1~] declare that he assents to
the Bill or that he refuses his assent to the Bill:
Provided that the [[Qµeen's Representative]], acting in his.discretion, may summon
a meeting of the Executive Council, to be held within 14 days after the Bill is
presented to him for his assent to consider amendments to the Bill proposed by him
or to consider whether he should refuse his assent to the Bill.
(3) If at a meeting of the Executive Council thus summoned the Executive
Council decides that the Bill should be returned to- Parliament for
· consideration of the amendments proposed or, as the case may be, that the
[[Queen's Representative]] should refuse his assent to the Bill, the [[Queen's
Representative]] shall, by Message -
(a) Return the Bill with the amendments proposed to Parliament for
reconsideration by Parliament; or as the case may be,
(b) Return the Bill to Parliament for reconsideration by Parliament.
(4) If at a meeting of the Executive Council thus summoned the Executive
Council decides that the Bill should not be returned to Parliament for
consideration of the amendments proposed or; as the case may be, that the
[[Queen's Representative]] sh_ould not refuse his assent to the Bill, he shall
declare that he assents to the Bill. ·
(5) Where any Bill is returned to Parliament under the provisions of paragraph
(a) of subclause (3) of this Article, and the Bill is again pas~ed by Parliament
with the amendments proposed, but with no other amendmc;nts, or in the
form in which it was originally presented to the [[Queen's Representative]]
for his assent, then, when the Bill is again pi'esented to the [[Queen's
Representative]] for his assent, he shall declare that he assents to the Bill.
(6) Where any Bill is returned to P~rliament under the provisions of paragraph
(b) of subclause (3) of this Article, and the Bi!l is again passed by Parliament
in the form in which it was originally presented to .the [[Queen's
Representative]] for assent, he shall declare that he assents to the Bill.
(7) Where any Bill is returned t9 Parliament under the provisions of this Article
and thtl Bill is again passed by Parliament with any amendments other thap.
amendments proposed under the provisions of this Article, then, when the
Bill is again pres(l]lted to the [[Queen's Representative]] for his assent, the
foi'egoing provisions of this Article shall apply with respect to the Bill as if it
had not previously been pres(lnted to the [[Queen's Representative]] for his
assent. · .
(8) A Bill assented to by the [[Queen's Representative]] as herein provided shall
be known as an Act of Parliament.
The words "Queen's Representative" were substituted for the words
"High Commissioner" In subcls (l),'(2) (in three places), (3) (in two
places), (4), (5) (in two places), (6), (7) (in two places), and (8) bys
4(1) of the Constitution Amendment (No 10) Act 1981-82 (CI)
Comme:ncement of Acts
45 Every Act shall c.ome into operation either on the day .on which the Bill is assented
to, or any other date (whether earlier or later than the date on which·it is assented
to) .specifi~d in that behalf in the Act, and different dates may be so specified in
. respc;ct of different provisions of the Act.
[New Zealand l'arli.lment not to Jegi~late for- the Cook Islands
46 Except as provided by Act of the Parliament of the Cook Islands, no Act, and no
provision of any Act, of- the Parliament of New Zealand passed after the
190 Cook Islands Laws
commencement of this Article shall extend or be deemed to extend to the Cook
_Islands as part of the Jaw of the Cook Islands.] .
As to the continuation in force of Acts of the Parliament of New
- Zealand that, pursuant to the original Article 46, were in force in the
Cook Islands immediately before the date of the commencemen_t of the
Constitution Amendment (No 9) Act 1980-81 (CI) and of regulations
made by the Governor-General in Council that, pursuant to the original
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