18

Article 18 hei'eof shall apply. The words "Queen's Representative"were substituted for the words "High Commissioner". in subcls (2), (3), (4) and (5) bys 4(1) of the Constitution Amendment (No 10) Act 1981-82 (CJ) · 180 Cook Islands Laws THE SEAL OF THE COOK lSLA~DS Seal of the Cook Islands 26 (1) . There shall be a Public Seal of the Cook Islands (in this Constitution refen·ed to as the Seal of the Cook Islands), to be in s1,Ich form or forms as the Executive Council from time to time approves. · (2) The Seal shall be in the custody of the [Queen's Representative]. · (3) The Seal may be used by the [Queen's Represep.tative] for th(:) authentication of any public document in relation to th(:) government of the Cook Islands or for the execution of any document required by law to be executed under the Seal of the Cook Islands, . (4) Judicial notice shall be taken of the Seal in all Courts in the Co·ok Jslands and in New Zealand (including Niue and the Tokelau Islands). 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 lO)Act 1981.82 (CI) PART ID THE PARLIAMENT OF THE COOK ISLANDS Part Ill was substituted for the original Part III ( except Article 41) bys 5 ofthe Constitution Amendment (No 9) Act 1980-81 (CI). The original Article 41 was not repealed by that section, and continues in force. [The Parliament of the Cook Islands '27 ( 1)' There shall be a sovereign Parliament for the Cook Islands, to be called the Parliament of the Cook Islands, [(2) Parliament shall coi1sist of 25 members, to be elected by secret ballot under a system of universal suffrage by the electors of the following islands or group of islands 01"areas and in the following nU1Ubers -] (a) Th(:) Island of Aitutaki and the Islands of M(U1uae and Te-Au-0-Tu, 3 members, being 1 member for each of the 3 constituencies together comprising those islands, having the names and boundarfos set out in Part I of the First Schedule to this Constitution; (b) The Island of Atiu, 2 members, being 1 member for each of the 2 constitueucies ha".ing the names and boundaries set out in Part IV of the First Schedule to this Consti!Ution; . (c) The Island of Mangaia, 3 members, being l member for.each of the 3 constituencies having the uames and boundaries set out in Part III of the First Schedule to this Constitution; (d) T!J,e Island ofManihiki, 1 member; (e) The Island ofMauke, 1 member; (f) The Island of Mi.tiara, 1 member; (g) The Island of Penrhyn, 1 member; (h) · The Island of Pukapuka and the Island of Na.ssau, 1 member; (i) The Island ofRakahanga, 1 member; G) [The Island of Rarotonga and the Island of Palmerston, 10 mtJrobers, being 1 member for each of the 10 constituencies together comprising those islands, having the· names and boundaries set out in Part Hof the First Schedule tci this Constitution;] _ (k) The Islands comprising New Zealand and all other areas outside the Cook Islands, 1 member (that constituency being hereinafter refen-ed to as the Overseas Constituency). Constitution 181 (3) Subject to this Article and Articles 28, 28A, 28B, and 28C and 28D hereof, the qualifications and disqualifications of electors and candidates, the mode of electing members of Parliament, and· the terms. and conditions of their membership shall be as prescribed by Act. Subclause (2) of this Article was substituted by section 3 of the Constitution Amendment (No 14) Act 1991 Paragraph (j) of subclause (2) was substituted by section 3(2) of the Constitution Amendment (No 14) Act 1991 [Qualification of electors ·. 28 · (1) Without limiting the provisions of any law prescdbing any additional qualifications not inconsistent with any provision of this Constitution, a person shall be qualified to be an elector for the election of a Member of Parliament for any constituency other than the Overseas Constituency, if, and only if- (a) He is a Commonwealth citizen, or he has the status of a permanent resident of the Cook Islands as defined by Act; and ,(b). ·He has been resident in the Cook Islands throughoµt the period of three months· immediately preceding his application for enrolment as an elector and has not subsequently qualified as an elector under subclause · (2) of this Article; and (c) He has. at some period actually resided continuously in the Cook Islands for not less than 12 months, (2) Without limiting the provisions of any law prescribing any additional qualifications not inconsistent with any provision of this Constitution, a person shall be qualified to be an elector for the election of a Member of Parliament for the Overseas Constituency, if, and only if - (a) He is a Commonwealth citizen, or he has the status of a permanent resident of the Cook Islands as defined by Act; and (b) He.has resided outside· the Cook Islands through.out the period of 3 months immediately preceding his application for enrolment as an elector; and (c) At the date of his application for enrolment as an elector he has been absent from the Cook Islands for a continuous pedod of not more than 3 years, and has, and has had ever since he left the Cook Islands, an · . intention to return and reside therein indefinitely; and (d) He has at some period actually resided continuously in the Coo_k Islands for not less than 12 months. · ·· (3) Where any person h1J.s ceased to be qualified to be enrolled as an elector for any constituency by reason of his residence outside the Cook Islands for a period of more than 3 years, he _shall not be entitled to apply for enrolment as an elector of any constituency \mless he has returned to the Cook Islands and has actually resided in the Cook Islands throughout the continuous period of not less than 3 months. • (4) In calculating for the purposes of paragraph (c) of snbclause (2) or of subclause (3) of this Articfo the [[period for]] which any person has been outside the Cook Islands -· (a) Any period for which he has been ontsi.de the Cook Islands for the purpose of und()rgoing a course of education or of technical training' or instruction sh.all \Je disregarded; and · (b) His absence from the Cook Islands during any period shall be deemed to be continuous, notwithstanding any visit to the Cook Islands in that period, unless during that visit he remained in the Cook Islands for a continuous pedod of not less than 3 months. . · In subcl (4) the words "period for" were substituted for the words "period of" bys 6 of the Constitution Amendment (No 10) Act 1981- 82 (Cl) . 182 Cook Islands Laws [Special voting 28A (1) Any person who is enrolled as an elector of any constituency may vote as a special voter at an election of Members of Parliament, if, on polling day, he is absent from the constituency for which he is enrolled . (2) · Any person.who is enrolled as an elector o_f.a const~tuency other than the Overseas. Constituency and who is outside the Cook Islands on _polling day .but has not qualified for enrolment as an elector of the Overseas Constituency may vote outside the Cook lslands, as a special voter, for the constituency for which he is enrolled. . · (3) Any person ·who is enrolled as aIJ. elector of the Overseas Cqnstituency and who is lh the Cook Islands .on p'olling·day may vote for that constituency as a special voter, at any polling place in the Cook Is);w.ds. _ . (4) A special voter may vote at such place (whether a polling place or not), at such time, in such manner, and upon and subject to such conditions.as may be prescribed by Act. , (5) Nothing in this Article•shall effect the right of an elector of any constituency to vote by ·postal vote at an election of a meniber representing that constituency conducted by postal vote pursuant to Article 28C hereof in the case of the Overseas Constituency arid Article ;28D hereof in the case of any other constituency .. [Qualification of candidates , 28B ·(1) Notwithstanding anything in subclause (2) of this Arti_cle, a person shall not be qua.lli;ied to be a candidate at an election-·of membe/s of Parliament if - (a) He is not an elector. duly enrolled pursuant to the provisions of an Act of Parliamep.t; or . (b) He h.is be.en adjudicated bankmpt within. the meaning of the bankmptcy - .. 1 laws in force in the Cook Islands (whether. ,before or after the commencement o'f this Article), unless he has obtained an order of disc)large; or (c) He has been convicted (whether before or after the .commencement of this Article) of any of the offences specified in Part I of the Second Schedule. to this Constitution; or ' (d) He has been convicted (whether before or after the commencement of this Article) of any of the offences specified in Part II of the Second Schedule to this Constitution, unless a period of 5 years hits elapsed from the date of his conviction, . (2) Subject to subclause (1) of this Article - · • (a) Eve1y person enrolled as an elector of any constituency sh.all be capable of being elected as a member for th(lt constituency oi:. for any other cons.tituency; . . . (b) In the case of any by-election of any constituency, a person shall be capable of being elected as a member for that constituency if he was enrolled as an elector on the roll of any constituency at the preceding general election, and at the time of nomination still possesses the qualifications to be enrolled as an elector. [Election of member for Overseas Constituency 28C The following provisions shall apply with respect to~hemember representing the Overseas Constituency - · · (a) He shall be elected by persons who are r the time being residing in New Zealand or elsewhere outside the,,Cook Islands who are qualified . as electors under subclause (2) ofzi6le 28 and are enrolled as electors of that constituency; and (b) His election shall be by postal~ e, special vote, or by vote cast at one or more polling places situate outside the Cook Islands, as prescribed by Act. The. pro~edure f 7 dncting any such election by postal vote, . Constit11tio11 . · ~3 special vote, or at one or more polling places o u ide z ·e Cook Islands shall be prescribed by Act. . . . ·· This Article.did not come into force until (he te of the first general election ofParliament held after the com, . cement of the-Constitution Amendment (No 9) Act 1980-81, exce so far as was necessmy for the pu1poses of that election: See §/17_1) of that Act. The first general election held after the commeyement of that Act was held on the 30th Marchl983 . •· · · · [Postal voting for electors of Cook Islands Constituencies 28D Provision may be. 1µade by Act for ,any electot of a constituency other than the Overseas Constituency who is outside the Cook Islan:ds. on polling day to vote by postal vote at any election of a member representing the constituency for which the elector is enrolled. Meetings of Parliament ' 29 (1) Parliament shall meet at such places and at such times as the [[_Queen's_, ~ /l 53 Representative] from time to time appoints in that behalf: · D.Je.r ;?,v, ;F'rovided that Parliament shall meet not later than 90 days after the-holding of ~ a general election and at least once in every year thereafter, so that a pe1iod of 12 months shall not intervene between the last sitting of Parliament in one session and the first. sitting thereof in the next session. · · (2) Notwithstanding anything contained ill su.bclanse (1) of this Article, Parliament shall not meet after the holding of a general-election until all election petitions filed in the High .Court in respect of that election have been finally determined [[by the High Court at first instance or ha've been withdrawn or dismissed for want of prosecution]]. . The words "Queen's Representative" were substituted for the words ·. ' 1High Commissioner" in subi;((l) by s 4(1). of the Constitution ~' Amendment (No 10) Act 1981-82 (C.l)). . The words in doubre square brackets in subcl (2) were added bys 3·of · the Constitution Amendme11;t (No 11) Act 19.82 (CJ). [Members to take Oath of Allegiance 30 E:x.cept for the purposes of enabling this Article to be complied with and for the election of a Speaker, no member of Parliament shall be pennitted to sit or vote therein until he has taken and subscribed the following oath before the Speaker of Parliament namely: I, ............... , swear by Ahnighty God that I will be faithful ,rnd bear true a:µegiance _to Her, [or His] Majesty [Specify the name of the reigning Sovereign, as thus: Queen Elizabeth the Second] as the Head of State of the Cook Islands, Her [or Bis] heirs and successors, according to law and that I will justly and faithfully cany out my duties as a member of Parliament of the Cook Islands. So help me God. . · [The Speaker of Parliamllnt 31 (1) Parliament shall, iin'mediately when it first meets after a general election and as soon as possible after any vacancy occurs in the office of Speaker otherwise than by reason of a dissolution of Parliament,. and before· it proceeds to the dispatch of any other business, elect a person (not being a · Minister) to be Speaker of Parliament. (2) uhe Speaker may be elected in such m1!!lllefas Parliament decides from time r to time, either from among the me bei·s of Parliament who are not Ministers . L,IJh.ff:. or from among persons who not members of Parliament: ff,,.,,., 0-- '?-.if Provided that a perso~ 1s not a member of Parliament shall not be elected !< 00 i/6 peaker unless he.,.i:s'qualified for election as a n;iember of Pa_rliamenr . · : (3) · ·'.Before 'a person who has been elected Speaker 'eiitel-i iiJ.Jo\l. the dutibs of his : ', : ' office, -he shall; unless fa: has' afready-doniso in ·accdrdance with Article 30 J I ' • r ' ,' :, ,•·! ;; '., -: •. ... •; ''.', • '1; • •,~. •1,.( , ,'. •,, ' J',', 184 Cook Islands Laws hereof, take and subsc1ibe before the [[Queen's Representative]] the Oath of Allegiance prescribed in that Article substituting the word "Speaker" fol' the words "a meruber-" where they appeai· in that oath. (4) The salary of the Speaker shall be determined by enactment, and shall be chai·ged on the Cook Islatids Governruent Account. : The words "Queen's Representative" were substituted for the_ words "High Commissfoner" in subcl (3) by s 4(1) of the Constitution Amendment (No 10) Act 1981-82 (Cl) [Tenure of office of Speaker 32 The Speaker ruay at any time resign his office by wl'itit1g under his hand addressed to the Clerk of Paiiiament, and shall vacate his office - (a) · On the dissolution of Parliamertt next following his election; or (b) · · If he becomes a Minister; or (c) :rf, being a member of Pai·liament at the time of his election, he ceases to be a member . ' or . . . . (d) If, not being a member of Pai·liament at the time of his election, he ceases to be qualified for election as a member; or (e) If Parliament passes a resolution supported by the votes of not less than two-thirds of all the members thereof (including vacancies) requiting his removal from office. · [Deputy Speaker 33 (1) Parliament may·elect a member of Parliament, not being the Speaker or a Minister, to be Deputy Speaker. (2) The Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of Pai·liament, filld shall vacate his office - (a) On the dissolution of Pai·liament next following his election; or. (b) If he ceases to be a m:ember 6f Parliament; or (c) IfhebecomesaMinister; or · · (d) If he is elected Speaker; or (e) If Parliament passes a: tesolution supported by the votes of not less than two·thirds of all the merubers thereof (including vacancies) reqµiring his removal from office. --• · · (3) Subject to the provisions of this Constitution and of the Standing Hrder:Laf · Parliafilent, the functions conferred by this Co,istitution or those. Standing Orders UJ;!on the SJ;!eaker shall,. if there is 110 person holcling the office of Speaker 01· if the Speaker is absep.t from the Cook Islands 01· is otherwise unable to perform those functions, be performed ~ . by the Deputy . . . Speaker. [Procedure (1) . The Speaker, or in his absence the Deputy Speaker, shall preside over sittings 34 of Parliament. In the absence from any sitting of both thv Speaker and Deputy Speaker, the members present shall choose one of their number (not being a Minister) to preside over that sitting. . (2) Subject to the provisions of Article 41 hereof and of subclause (3) of this Article, eve1y question before Parliament shall be decided by a majority of the votes of the members present. · (3) The person presiding over any sitting of Parliament shall not have a deliberative vote. but in case of fill egualit:y of votes •. he shall hav.e a casting vote. . . 6 ) ~ is IZ.(4) No business shall be transacted at any sitting of Parliament if the number of · members present (excluding the Speaker if he is a member) is less than· 12 . . (5) Subject to the provisions of this Constitution, Parliament may from time to time make, filllend, and rc,peal Standing Orders for the reg!!!5tion and ol'derly conduct of its proceedings fil!d the dispatch of business. . (6) .Parliament shall not be disqualified for the trfillsacµon of business by reason . of .any vacancy among its members including any vacancy not filled at a · general election, Md any proceedings therein shall be valid notwithstanding Constitution 185 that some person who was 11ot entitled to do so sat or voted in Parliament or otherwise took part in the proceedings. [Languages 35 . (1) All debates and discussions in Parliament shall be conducted in the Maod language as spoken in Rat◊tonga and also in the English language. (2) Every Bill introduC!')d into Parliament and every Act shall be in the Maori language as spoken in Rarotonga and also in the English language: Provided that. Parliame11t may, by resolution, determine that any Bill or Act shall be il1 the English language cinly. - (3) · The records of proceedings in Parliament, or in committees thereof shall be in the English language, and such of those records as are specified in the Standing Orders of Pai'liament shall also be in the Maori language as spoken in Rarotonga. (4) Where there is any conflict between the Maori version and the English version of any Bill or Act or of any such recotd, the English version shall prevail. Pdvileges of Parliament llnd of its membel's 36 (1) The validity of any proceedings in Parliament or in any committee thereof shall not be questioned in any Court. (2) No officer or member or Speaker of P11rllamenr in whom powers are vested for the regulation of procedure or the conduct of business or the maintenance of order shall in relation to the exercise by him of any of those powers be subject to the jurisdiction of any Court. (3) No member or Speaker of Parliament and no person entitled to speak therein shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in Parliament or in any committee thereof.. (4) No person shall be liable to any proceedings in any Court in respect of the publicatipn by or under the authority of Padia.ment of any report, paper, vote 01• proceeding. . (5) Subject to the pl'Ovisions of tliis Article, the privileges of Parliament and of the committees thereof, and the privileges of members and the Speaker of Parliament and of the persons entitled to speak therein may be detei'mined by Act: · · . Provided that no such privilege of Parliament or of any committee thereof may extend to the imposition of a fine or ·to committaJ:to prison for contempt or othe1wise, unless provision is made by enactment for the trial and punishment of the person concerned by the High Court. · [Prorogation and dissolution of· Parliament 37 (1) The [[Queen's Representativ!'l]] may at any time, by notice pubiished in the Cook Islands Gazette, prorogue Parliament. . (2)If at any time the office of [[Prime Minister]] is vacant, the [[Queen's Representative]] shall by notice published in the Cook Islands Gazette, dissolve Parliament as soon as he is satisfied, acting in his discretion, that a reasonable peliod has eiap~ed since that office was last-vacated and that there is no member of Parliament who commands the confidence of a majority of the members. (3) The [[Queen's Representative]] may at any: time, by notice published in the Copk Islands Gazette, dissolve Parliament if he is advised by the [[Prime Minister]] to do so, but shall not be obliged to act in this respect in accordance with the advice of the [[Pri111e Minister]] unless the [[Queen's Representative]] is satisfied, acting in his discretion, that in tendering that advice the [[Prime Ministet1] commands the confidence of a majority of the members of Parliament. (4). Notwithstanding anything in the foregoing pi-ovisions of this Article, Parliament shall not be prorogued or dissolved before all electoi'al petitions filed in the High Court in respect of the last preceding general election of 186 Cook Islands Laws members have been finally determined [[by tbe I-:llgh Court at first·instance or have been withdrawn or dismissed for want of prosecution]]. (5) The [[Queen's Representative] shall dissolve Parliament at tbe expiration of 5 years from the date of the last preceding general elec.tion, if it has not sooner been dissolved. . (6) Thei-e shall be a general election of the members of Parliament at such a time within 3 months after every dissolution of- Parliament as the [[Queen's Representative]] appoints by notice published in the (:oak Islands Gazette. [[(7) (a) . No Bill rerealing or amending or modifying or extending subclause (5) of this Article or tbis subclause or makiilg any provision inconsistent with any provision of the said subclause (5) or this subclause shall be deemed to have been passed by Parliameilt, unless - (i) At both the final vote thereon and the vote preceding that final vote it receives tbe affirmative vote of not less than two-thirds of tbe total membership (including vacancies) of Patliament; and (ii) There is an interval of not less than 90 days between the date on '· which tbat final vote was taken and the date on which the preceding vote was taken; and, [[(b) No such Bill shall be presented to the [Queen's Representative] for his assent, unless - (i) It has. been passed by Parliament in accordanc.e with the foregoing provisions of this subclause; and )'\(ii) It has been submitted to a poll, conducted in a manner prescribed by law, of the persons who are entitled to vote as electors at a general election of members of Parliament; and (iii) It has been supported by npt less than two thirds of the valid votes cast in such a poll; and · (iv) It is accompanied by a certificate under tbe hand of the Speaker to tbat effect]]. The words "Queen's Representative" were substituted for the words "High Commissioner" in subcls (1), (2), (3) (in two places) (5), and(6) bys 4(1) of the Constitution Amendment (No JO)Act 1981-82 (Cl) The words in square brackets were added to subcl (4) bys 4(a) of the Constitution Amendment (No 11) Act 1982 (CI) Subcl (7) was added bys 4(b) of the ConstitutionAmendmeni (No 11) Act 1982 ( CI) [Clerk of Parliament 38 (1) There shall be a Clerk of Parliament.. (2) The Clerk shall keep a record of the proceedings of Parliament and shall transmit a copy of those records to the [[Queen's Representative]] as soon as practicable. The words "Queen's Representative" were substituted for the words "High Commissioner" in subcl (2) by s 4(1) of the Constitution Amendment (No JO) Act 1981-82 (Cl) . [Power to make laws 39 (1) Subject to the provisions of this Constitution, Parliament may make laws (to be known as Acts) for the peace, order, and good government_ of the Cook Islands. · (2) The. powers of Parliament shall extend to the making of laws having extra- territorial operation. (3) Without limiting the generality of the power confe1rnd by subclause (1) of tbis Article. to· make laws· for ~i)e peace, order, and good government of the Cook Islands, that power shall, subject to the.provisions of tbis Constitution, include the repeal o!' revocation or amendment or modifiqation or e'Xtension, in relation to the Cook Isl\illds, of any law in force in tbe Cook Islands: •,, . t, I' . , ' . . ' '. ·,· ., : _- I ! ' I' .' Constitution 187 (4) Except to the extent to which it is inconsistent with this Constitution, no Act . and no provision of any Act shall be deemed to be invalid solely on the ground that it is inconsistent with any law in force in the Cook Islands. [[(5) For the avoidance of doubt, it is hereby declared that the power confe1rnd on the Legislative Assembly of the Cook Islands by Article 39 of this Constitution (as originally enacted) to make laws for the peace, order, and good government of the Cook Islands. always conferred on that Assembly power to make laws, notwithstanding anything in Article 46 of this Constitution (as origirnjlly enacted), declaring that auy specified Act of the Parliament 'Of New Zealaiid or any regulations, rules, or order under any Act of that Pai'liainent should extend to the Cook Islands as part of the law of the Cook Islands]]. Sub cl (5) was added by s 7 of the Constitution Amendment (No 10) . Act 1981-82 (Cl) [No prope1·ty to be taken compulsorily _without compensation 40 (1) No property shall be taken possession of compulsorily, and no right over or · interest in any prope1ty shall be acquired compulsorily, except under the law; which of itself or when read with any other.law - (a) Requires the payment within a reasonabk time of adequate compensation therefor; and . (b) Gives to any person claiming that compensation, a right of access, for. the determination of his interest in the property and the amount of compensation, to the High Court;· and . (c) · Gives to any pai;ty to proceedings in the High Court relating to such a cfaim the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a Comt of original jurisdiction. (2) Nothing in this Article shall be construed as affecting any general law - (a) For the imposition or enforcement of any tax, rate or duty; or (b) F01' the imposition of penalties or forfeitures for breach of the law, whether uncler civil process or after conviction of an.offence; or . (c) Relating to'leases, tenancies, mortgages, charges;bills of sale, or any other-rights or obligations arising out of contracts; or · (d) Relating to the vesting and administration of the' -property of persons adjudged bankrupt or otherwise declared insolvent, of infants or persons suffering under some physical or mel).tal disability, of deceased persons, and of companies, other corporate bodies and unincorporated societies, in the course of being wound up; or (e) Relating to the execution ofjudgmen.ts or orde1's of Comts; or (f) Providing for tb.e taking of possession of property which is in a dangerous state or is injurious to the health of human beings, plants, or animals· . , or (g) Relating to trusts ahd trustees; or (h) Relating to the limitation of actions; or (i) Relating to property vested in statutory corporations; or. G) Relating to the temporary taking of possession -of property for the purposes of any examination, investigation, or inquiry; or (k) Providing for the caJTying out of work on land for the purpose of soil conservation or for the protection of water catchment areas]. [Power of _Legislative Assembly to repeal or amend this Constitution 4t (1) Subject to the provisions of subclause (2) of this Article,' no Bill repealing or amending or modifying or extending this' Constitution or any provision thereof or making any provision inconsistent with any provision of this Constitution shall be deemed to have been passed by the Assembly, Ullless - (a) At both the final vote thereon and the vote Ptecedi1rn that final vote it receives the afb'nnative votes of not less than two-thi ·d OJ.Ill inembershiQ inclu in vacancies of the [ParliainentJ; and 188. Cook Islands Laws (b) There is an intel'val of not less than 90 days between,1he date on which that final vote was taken and the date on which the preceding vot() was taken; · and no such Bill shall be presented to the [Queen's Representative] for assent unless it is accompanic;Jd by a certificate under the hand of the Spealcer to that effect, · (2) No BiU repealing or amending or modifying or extending any of the provisions of sections 2 to 6 of the Cook Islands Constitution Act 1964 or