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Article 1(1) of the Constitution. (5) This subsection inserted a definitio11 of "Parliament" in Article 1(1) of the Constitution. (6) This subsection repealed the definitio11 of "Premier" a11d substituted a definition of "P1ime Minister" in Article 1(1) of the Co11stitution. (7) This subsectio11 added a definitio11 of "To reside". to Article 1(1) of the Constituiion. · 3 (1) This subsectio11 amended Article 13(1) of the Constitution. (2) This subsection amended subclauses (2) and (3) .of Article 13 of the Constitution. (3) 171is subsection amended the provisions of the Constitution specified in the First Schedule to this Act. 4 This section substituted a new Article for Article 20 of the Constitution. 5 This section repealed Part III of the Cqnstitution except Article 41 and substituted a new Part III with the e;,;ceptio11 of Article 41. ·6 This section amended the provisions ·of the Constitution specified in the Second Schedule• to this Act. 7 This section substituted a new Part IV for Part IV of the Constitution. 8· This section inserted a new Part IVA i11 the Constitution, 9 (1) This subsection inserted article 70 (3A) in the Constitution. . (2) (a) This paragraph amended Article 70(3)(a) o}'the Constitution. (b) This paragraph amended the proviso to Article 70(3)(a) of the Constitution. (c) This paragraph amended Article 70(3)(b) of the Constitutio11. (d) This paragraph ame11ded the proviso to Article 70(3)(b) of the Constitutio11. 10 (1) This subsecti011 substituted a new paragraph (a) for paragraph (a) of Article 73(2) of the Co11stitution. (2) This subsection substituted a new Article . 74B for Article 74B of the Constitution. (3) 'JJiis subsection amended Article 74C (2) of the Constitution. 11 This section inserted Article 74BB in the Constitution. 12 This section inserted subclause (2A) in Article 76 of the Constitution. 13 This section inserted Part VIA in the Constitution. 14 This section repealed Article 88 .of the C,onstitution. 15 This section repealed Articles 78, subclauses (1), (2) and (3) of Article 80, ,Article 83(3), and Article 87 of the Constitution. 16 This section added the First, Second, Third, and Fourth Schedules to the Constitution. 220 Cook Islands Laws PART II TRANSITIONAL PROVISIONS AND CONSEQUENTIAL _REPEALS AND AMENDMENTS The Parliament of the Cook lsh111ds 17 ( 1) NotwltllfttandJng the repeal and substitution by section 5 of this Act of Article 27 of tbe Constitution, and 1he enactmf;lnt by that section of Article 28C of the Constitution - (a) Snbclause (2) of Article 27 (as so substituted) and the said Article 28C shall not come into force until the date of the first general election of the Parliament of the Cook Islands held after the commencement of this Act, except so far and to such extent as may be necessary to provide for that election; and (b) Subclause (2) of Article 27 of the constitution as originally enacted) shall continue in force until that date, as if for the words "Legislative Assembly" in the subclause there were substituted the word "Parlia1Uent", except so far and to such extent as .may be necessary to provide for the said election. (2) Every person holdiiig office as a member of the Legislative Assembly immecHately before the commencement of this Act shall, after the commencement of this Act, hold office as a Member of Parliament, subject to the provisions of the Constitution, and, unless he previously vacates office for any reason, shall continue to hold office as a Member of- Parliament until the end of the day immediately preceding the day on which ihe members elected at the said ele~tion come into office. · · · (3) Every office of the Legislative Assembly shall, after the commencement of this Act, be an office of Parliament, and eve_ry person holding any such office immediately before th\l commencement of this Act shall continue to hold office after 1he commencement of this Act. (4) Every reference to the L(lgislative Assembly or to the Assembly in 11ny other law ln force at the commencement of this Act or in any instrument or · document of any kind in force at the commencement of this Act, be read as a reference to the ParUament of the Cook Islands. The Prime Minister 18 (1) The person hold.lug office as Premier of the Cook Islands immediately before 1.1:ie comro.encernent of this Act shall, after the commencement of this- Act, without further appointment, hold the office of Prime Minister of the Cook Islands, sul;,ject to the provisions of Article 14 of the Constitution. (2) Every reference to the Premier of the Cook Islands in any other law in force at the coro.mencement of this Act is arty instrument or document of any kind whatsoevex in force at the comme)lcement of this Act shall, after the commencement of this Act, be read as a reference to the Prime Minister of the Cook Islands. I The L!lnd Court 19 (1) Every person.lmlding office immediately before the commencement of this Act as a Judge of the Land Court of the Cook Islands shall, on and after the commencement of this Act, without further appointment, be deemed to be a Judge of the lligh Co11rt as if he had been appointed as such 11nder Article 52 of the Constitution, with seniority from the date on which he had been appointed a Judge of the Land Co\lft. (2) All judgments, decrees, records, and acts- of the Land Court of the Cook Islands shall continue to have full force and effect on and after the comrn\lncement of this Act as judgments, decrees, records and acts of the High Court, and all proceedings pending in the Land Court immediately before the commencement of this Act may b() continued in the High Court after the commencement of this Act. (3) Where· any final judgement of the Land Court of the Cook Islands has be()n given before the commencement of this Act, the right of appeal from that judgment shall be gov()med 1;,y the provisions of Article 60 of the Constitution as if that final judgment had been a final judgment of the High Court. Constitution 221 ( 4) Every reference to the Land Court of the Cook Islands or to a Judge of tliat Court in any other law in force at the commencement of thls Act, or in any judgment, decree, order, record, or act of the Land Court, or Ju any other instrument or document whatsoever in force at tlie ·commencement of thls Act shall, unless the context otherwise requires be read. after the com.mencement of thls Act as a reference to the High Court of the Cook Islands· or, as the case may be, to a Judge of that Court. (5) Every reference to a Commissioner or to a Commissioner of the High Court in any other law in force at tlie commencement of thls Act, or in any-.instrument or document of any kind whatever in force at the commencement of this Act shall ·after the commencement of this Act, be read as a reference to a Justice of the Peace of the Cook Islands. (6) Every reference to the Judicial Service Commission in any other law in force at the commencement of this Act, or in any instrumellt or document of any kind whatever in force at the commencement of this Act shall, after the commencement of this Act, be read as a reference to the Minister responsible for Justice. (7) Articles 84 and 85 of the Constitution are hereby repealed. The Land Appellate Court 20 (1) All judgments, decrees, records, and acts of the Land Appellate Court of the Cook Islands shall continue in full force and effect on and after the commencement of this Act as judgments, decrees, records, and acts of the Court of Appeal of the Cook Islands, and all proceedings pending in the Land Appellate Co\!rt immediately before the commencement of this Act may be continued in the Court of Appeal after the commencement of this Act. (2) Every reference to the Land Appellate Court of the Cook Islands or to a Judge of that Court in any other law in force at the comn+encement of this Act, or in any judgment, decree, order, record, or act of the Land Appellate Court, or in any other instrument or document whatsoever in foi:ce at the commencement of thls Act shall, .unless the context otherwise requires, be read after the commencement of this Act as a reference to the Co.urt of Appeal of the Cook Islands or, as the case may be, to a Judge of that Court. Appeal from High Court 21 (1) In any case in which immediately before the commencement of this Act an Appeal to th.e High Court of New Zealand from any judgment of the High Court of the Cook Islands was pending, that appeal may be continued after the commencement of this Act, and shall otherwise be heard and disposed of under the law in force immediately before the commencement of this Act as if that law had continued in force. (2) The determination of the High Court of New Zealand on any appeal continued pursuant to subsection (1) of this section shall be transmitted to,the Registrar of the High Cour1: of the Cook Island~ by the Registrar of the High Court of New Zealand under the seal qf the High <;:ourt of New Zealand, and the High Court of the Cook Islands shall act in resp~ct lhereof as it if wen~ a detennination of the High Court of New Zealand transmitted under Artie]~ 62 of the Constitution, as in force before the commencement of thls Act. (3) Every provision in any Act conferring· a right of appeal from a judgment of the High Court of New Zealand shall, after the commencement of thls Act, be read as a provision conferring a right of appeal to the Court of Appeal of the Cook Islands. · Acts of New Zealand Parliament and regulations in the Cook Islands 22 (1) Every Act, and every provision of any Act, ·of the ·Parliai:nent of New Zealand that pursuant to Article .46 of the Constitution (as Jn force before the commencement of thls Act), was in force in the Cook Islands immediately before the commencement of this Act shall continue in force in the Cook Islands after the commencement of this Act, but, subject to Article 41 of the Constitution, may be repealed, in relation to the Cook Islands, by Act of the Parliament of the Cook Islands. (2) Regulations made by the Governor-General in Council pursuant to Article 88 of the Constitution (as in force before the commencement of thls Act), and in force immediately before the commencement of this Act, shall continue in 222 Cook Islands Laws force after the coinmencement of this Act, bnt may be revoked ·or amended, in relation to the Cook Islands, by Act of the Parliament of the Cook Islands. · Consequential repeals and amendments 23 (1) The following ei:tactine11ts are hereby_ repealed - (a) The Constituti01i Amendment Act 1968-69; (b) Sections 2 and 4 of the Constitution Amendment.(No 2) Act 1968-69; (c) The Constitution Amendment (Nci 3) Act 1969; (d) The Constitution A111endment (No 1) Act 1970; . (e) Paragraphs (b) and (c) of section 2 of the Constitution Amendment (No 7) Act 1975 and so much of ti1e Schedule to that Act as relates to Arµcles 48, 49, and 66 of the Constitution; (f) The Constitution Amendment (No 8) Act 1978-79; (g) Section 6 of the Electoral Act 1966 arid the Second Schedule to that Act (as enacted by sections 2 and 3 of the Electoral Amendment Act 1973; (h) The Electoral Amendment Act 1979; (l) The Cook Islands Ensign Act 1973; (j) The Cook Islands Ensign Amendment Act 1978-79. (2) The following provisions of the Cook Islands Act 1915 of the Parliament of New Zealand shall cease to have effect as part of the law of the Cook Islands - (a) Section 107 (relating to the powers of Judges of the High Court); (b) Section 114 (relating to the jurisdiction of the High Court); (c) Subsection (2) of section 115 (relating to injunction, certiorari, mandamus, and prohlbltio11 against the Land Court or Land Appellate Court); (d) Section 156 (relating to the stating of cases to .the High Court of New Zealand); (e) Sections 158 to 161 and 163 to 169 (relating to appeals to the High Court of New Zealand); (f) Sections 371 to 385, 387 to 390, 392, and 400 to 408 (relating to the Constitution and procedure of the Land Court of the Cook Islands); (3) Part II of the Cook Islands Amendment Act 1946 of the Parliament of New Zealand (except section 26) and sections 43, 44, 45, 46 and 48 of that Act shall cease to have effect as part of the law of the Cook Islands. (4) The Co9k Islands Act.1915 of the Parliament of New Zealand shall have effect, in relatjon to the Cook Islands, as if it had been amended as follows - · (a) By repealip.g the definitions of the terms "Land Appellate Court" and "Land Court" in section 2(1); . · (b) . By omitting from paragraph(b) of section 126(1) the words "or of the Land Court"; · . (c) By omitting from section 171 the words "save by way of appeal in accordance with the provisions of the Constitution or of this Act in that behalf"; (d) By omitting from section 278 the words "Judge of the Land Court" and also the words "or of the Land Court"; (e) By repealing section 314B; (f) By omitting from sec(.ion 475(2) the words"the Land Court or" and also the words "or by a Judge of tlie Land Appellate Court"; (g) By omittil)g from section 510(b) the words "or of the Land Comt or any 1udge of the Land Appellate Court"; (h) By omitting from section 053(1) the words "or of the Land Court or any Judge of the Land Appellate Court"; · Constitution 223 SCHEDULES FIRST SCHEDULE