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Article 37 of the Constitution. · RAROTONGA, COOK ISLANDS: Printed under the authority of the Government of the Cook Islands - 2003 2004 Constitution Amendment (No. 27) No.21 ANALYSIS 1. Short Title and commencement 2. Prorogation and dissolution of Parliament 2004, No. 21 An Act to amend the Constitution and to provide for the dissolution of Parliament upon the expiration of 4 years from the date of the last preceding general election (21 December 2004 BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, by the authority of the same, and in accordance with Atiicle 37(7) of the Constitution of the Cook Islands, as follows: 1. Short Title and commencement- (1) This Act may be cited as the Constitution Amendment (No. 27) Act 2004 and shall be read together with and deemed pati of the Constitution of the Cook Islands (herein referred to as "the Constitution"). (2) This Act shall come into force on the date that it is assented to by the Queen's Representative. 2. Prorogation and dissolution of Parliament - The Constitution is amended by repealing subclause (5) of Atticle 37, and substituting the following subclause: "(5) The Queen's Representative shall dissolve Parliament at the expiration of 4 years from the date of the last preceding general election if Parliament has not sooner been dissolved." RAROTONGA, COOK ISLANDS: Printed under the authority of the Parliament of the Cook Islands - 2004 2009 · Constitution Amendment (No. 28) No.17 ANALYSIS Title 1. Short Title 5. Appointment of Judges 2. Jurisdiction of Divisions of 6. Masters of the High Court the High Court 7. Court of Appeal 3. Judges of the High Court 8. Savings and transitional 4. Acting Judge of the High Court 2009, No. 17 An Act to amend the Constitution (26 November 2009 BE IT ENACTED by the Parliament of the Cool\: Islands in Session assembled, by the authority of the same, and in accordance with Article 41(1) of the Constitution. of the Cook Islands, as follows: I. Short Title - (!) This Act may be cited as the Constitution Amendment (No. 28) Act 2009 and shall be read together with and deemed part of the Constitution of the Cook Islands (herein refe1red to as "the Constitution"). 2. Jurisdiction of Divisions of the High Court - The Constitution is amended by adding after Aiiicle 48(4) the following subclause - "(5) . The High Court may exercise its jurisdiction at any place within or outside of the Cook Islands and on such dates and at such times as the Chief Justice may from time to time determine." 3. Judges of the High Court-(!) The Constitution is amended by repealing paragraphs (a) and (b) of A1iicle 49(3) and substituting the following paragraphs - "(a) He holds or has held office as a Judge of the High Court of New Zealand or the New Zealand Maori Land Comi or an Price $1.50 2 Constitution Amendment (No. 28) 2009, No.17 equivalent office in any part of the Commonwealth or in a designated country; or (b) He has been in prac;tice as a barrister or solicitor for a period, or periods, amounting in the aggregate to not less than 7 years in one or more of either, - (i) Cook Islands; (ii) New Zealand; (iii) a part of the Commonwealth; (iv) a designated country." (2) Article 49 is further amended by adding after subc!ause (4), the following subclause - "(5) Judges of the High Court, other than the Chief Justice, shall take seniority according to the respective dates of their appointment as judges, whether of the High Court or the Court of Appeal or of the High Court of New Zealand or of any superior court in any place outside the Cook Islands or New Zealand." 4. Acting Judge of the High Court - The Constitution is amended by omitting from Article 51(1) the words "Minister of Justice" and substituting the words "Attorney General." 5. Appointment of Judges - The Constitution is amended by repealing paragraph (b) of Article 52 and substituting the following paragraph - "(b) The other Judges of the High Court shall be appointed by the Queen's Representative acting on the recommendation of the Executive Council made on the advice of the Chief Justice and the Attorney General." 6. Masters of the High Court - The Constitution is amended by inserting after Article 55, the following A1ticle - "55A. Masters of the High Court - (1) The Chief Justice may, after consultation with the Solicitor General and a senior practitioner appointed by the Law Society for the purpose, appoint Masters of the High Court. (2) An enactment shall prescribe, - (a) the qualifications of persons to be appointed Masters; (b) the ma1111er in which Masters are appointed; (c) the terms and conditions · of their appointment; Constitution Amendment (No. 28) 3 2009, No.17 (d) the jurisdiction and powers to be exercised by a Master; and (d) conditions for the review of, or appeals against, decisions of Masters by a Judge of the High Court." 7. Court of Appeal • The Constitution is amended by repealing A1ticles 56 to 61, and. substituting the following A1ticles - "Court of Appeal 56. Cami of Appeal established• (1) Thete shall be a Court of Appeal of the Cook Islands, which shall be a superior Court ofrecord. (2) Subject to Articles 57 and 58, the Judges of the Comi of Appeal shall be - (a) the Chief Justice and other Judges of the High Comi; artd (b) such other persons, possessing the qualifications prescribed by subclause (3) of this Article, as may from time to time be appointed by the Queen's. Representative acting on the recommendation of the Executive Council made on the advice of the Chief Justice and the Attorney General. (3) No person shall be qualified for appointment as a Judge of the Court of Appeal under paragraph (b) of'subclause (2)" ofthis Article, unless that person is qualified under Atticle 49 to be appointed as a Judge of the High Court. (4) A Judge of the Court of Appeal appointed under subclause (2)(6) of this Article shall be appointed President of the Court of Appeal by the Queen's Representative acting upon the recommendation of the Executive Council made on the advice of the Chief Justice and the Attorney General. · (5) The Chief Justice; if present, shall preside at a sitting of the Court of Appeal but otherwise, the President shall preside or in his or her absence, the senior Judge. (6) Judges of the Court 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 the High Court of New Zealand or of any superior court in any place outside the Cook Islands or New Zealand. 57. Number of Judges• (1) Any 3 Judges of the Court of Appeal may exercise all the powers of the Comt. 4 Constitution Amendment (No. 28) 2009, No.17 (2) The judgment of the Comt of Appeal shall be in accordance with the opinion of the majority of the Judges present. (3) Notwithstanding subclause (1) of this A1iicle, an Act may prescribe powers of the Court that may be exercised by the President, a Judge of the Comt of Appeal or the Registrar on its behalf. 58. Judges not to sit on appeals from own decision - A Judge of the Court of Appeal shall not sit on the hearing of an appeal from any decision made by him or by a Court on which he sat as a member. 59. Hearings and determination of Comt of Appeal - (!) The Court of Appeal may exercise its jurisdiction at any place within or outside of the Cook Islands and on such dates and at such times as the President, after consultation with the Chief Justice, may from time to time determine. (2) Except as provided in subclause (3) of this A1ticle, the determination of the Court of Appeal shall be final. (3) There shall be a right of appeal to Her Majesty the Queen in Council, with the leave of the Court of Appeal, or, if such leave is refused, with the leave of Her Majesty the Queen in Council, from judgments of the Court of Appeal in such cases and subject to such conditions as are prescribed by Act. 60. Jurisdiction of Comt of Appeal - (!) Subject to the provisions of this Constitution, and as may be prescribed by Act, the Court of Appeal shall have jurisdiction to hear and determine, - (a) any appeal from a judgment of the High Court; and (b) any cause or matter removed by the High Court to the Court of Appeal. (2) Notwithstanding anything in subclause (1) of this Article, and any 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 Court from any judgment of the High Court, subject to such conditions as to security for costs and otherwise as the Court o,f Appeal thinks fit. (3) In this A1ticle the term ''.judgment" includes any judgmertt, decree, order, writ, declaration, conviction, sentence, or other determination. 61. Transmission of order of Comt of Appeal - 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 Cou1t 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 taken in the High Court as are requii;ed by that determination." 2009, No.-17 Constitution Amendment (No. 28) 5 8. Savings and transitional - (1) Every Judge holding office as a Judge of the Court of Appeal immediately before the commencement of this Act shall, on and after the commencement of this Act and without furthe1· appointment, continue to hold office as a , Judge of the Court of Appeal. (2) All judgments, decrees, records and acts of the Court of Appeal before the commencement of this Act shall, on and after the commencement of this Act, continue in full force and effect as judgments, decrees, records and acts of the Court of Appeal. (3) All proceedings pending in the Court of Appeal immediately before the commencement of this Act may, on and after the commencement of this Act, be continued in the Court of Appeal. RAROTONGA, COOK ISLANDS: Printed under the authority of the Government of· the Cook Islands - 2009 2021 Constitution Amendment (No. 29) No. 08 Contents I Title I 2 Commencement l 3 Constitution amended 1 4 Article 76A amended I An Aet to am encl the Constitution. (24 November 2021 BE IT ENACTED by the Parliament of the Cook Islands in session assembled in accordance with the provisions of Article 41 (1) of the Constitution of the Cook Islands and by the authority of the same as follows- 1 Title This Act is the Constitution Amendment (No. 29) Act 2021. 2 Commencement This Act comes into force on the day after the date it is assented to by the Queen's Representative. 3 Constitution amenclecl This Act amends the Constitution of the Cook Islands (the Constitution). 4 A1·ticlc 76A amcncled (1) Article 76A of the Constitution is amended by replacing subclause (I) with: "(I) A person has the status of a permanent resident of the Cook Islands if- (a) the person is not entitled to the immigration status of a Cook Islander under any Act; and (b) the person is adopted by a person who is entitled to the immigration status of a Cook Islander under any Act; and (c) the person is adopted in a manner recognised by the laws of the Cook Islands; aild (d) at the time of the adoption, the person is under 18 years; and (e) the adoption is genuine and is not undertaken for the purpose of obtaining permanent residence. · · Constitution Amendment (No. 29) 2021, No, 8 "(lA) Subclause (IB) applies to a person- (a) born before the commencement of the Constitution Amendment (No. 29) Act 2021 (the 2021 Amendment Act); and (b) who was entitled to permanent residence under subclause (I) as it read immediately before the commencement of the 2021 Amendment Act. "(IB) A person described in subclause (IA) continues to be entitled to permanent residence." Printed under the authority of the Cook Islands Pnl'liament-2021. 2