Constitution of the Cook Islands
16
- Jurisdiction
- Cook Islands
- Provision
- 16
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceSection 16
FIRST, SECOND, THIRD AND FOURTH SCHEDULES
TO THE CONSTITUTION
These Schedules are incorporated in the text of the Constitution,. as set out in the Second
Schedule to the Cook ls.lands Amendment Act 1965 (NZ).
THE·CONSTITUTION AMENDMENT (NO 10) ACT 1981-82 (CI)
Analysis
Title
1 Short '.fitle and commencement Miscellaneous Amendments
The Queen's Representative 6. Qualification of Electors
2 The Queen's Representative in the 7 Power to make laws ·
Cook Islands 8 Justices of the Peace
3 Deputy.· of the Queen's 9 Construction of Law
Representative 10 Board of Appeal
4 Consequential amendments 11 Schedule
5 Repeal
1981-82, No 20
An Act to amend the Constitution
(6 April 1982)
Short Title and commencement
1 (1) This Act shall be cited as the Constitution Amendment (No 10) Act 1981, and
shall be read together with and deemed part of the Constitution of the Cook
Islands as set on! in the Second Schedule to the Cook Islands Constitution
224. Cook Islands Laws ·
Amendment Act 1965 of the Parliament of New Zealand, as amended by Acts
of the Legislative Assembly (hereinafter referred to as the Constitution) ..
(2) Section 10 of this Act shali be dee1ned to have come into force on the 30th day
of March 1973 (being t])e date of the commencement of the Constitution
Amendment (No 6) Act 1973).
(3) Except as provided in subsection (2) of this section, this Act shall come into
force on the date on which it is assented to by the High Commissioner.
THE QUEEN'S REPRESENTATIVE
2 This section 11ubstit1;ted a new Article 3 and the lieading pteceding it for Article 3 of
the Constitution and the heading preceding it.
3 This section substituted a new Article1 for Article 7 of the Constitution.
4 (1) This subsection amended the provisions of the Constitution set out in the
· Schedule to this Act.
(2) This subsection repealed the definition of "High Comm/ssio11er" in Article I (I)
of the Constitution and added to that Article 1(1) a tjefinition of "Queen's
Represe!ltative". ·
(3) Every reference to the High Commissioner in any other law in force in the
Cook Islands at the commencement of this Act or in any other instrument or
doo1,llllent. of any kind whatsoever in force at the commencement of this Act
shali, after the commencement of this Act, be read as a reference to the Queen's
·Representative.
Repeal
5 The Sched\lle to the Constitution Amendment (No 7) Act 1975 is hereby amended
by repealing so much thereof as relates to Article 7 of the Constitution. .
MISCELLANEOUS AMENDMENTS
6 This section amended Article 28(4) of the Constitution.
7 This section added 1111bclause (5) to Article 39 of the Constitution.
8 This sectiOII amended Article 62 (5) of the Constitution.
9 This section amended Artlcle 65 (2) of the Constitution.
10 (l) This subsection amended Article 76 (3) (c) of the Constitution.
(2) This subsection repealed section 6 of the Constitution Amendment (No 2) Aqt
1968-69.
(3) All determinations of the Public Service Board of Appeal made before the
commencement of this section that would have been valid if this section had
been in force when the determinations were made -are hereby validated and
deemed to be ood always to have been validly made, and sections 40, 41, and
42 of the Public Service Act 1975 and section 10 of the Public Service
Amendment Act (No 3) 1980•81 are hereby declared to be and always to have
been validly enacted,
SCHEDULE
PROVISIONS OF CONSTITUTION WHERE REFERENCES
TO QUEEN'S REPRESENTATIVE SUBSTITUTED FO:&
REFERENCES TO IIlGH COMMISSIONER.
In the text of the Constltutio1i, as set out in the Second Schedule to the -Cook Islands
Co11stitutla11 Amendment Act 1965' (N,Z.) references to the Queen's Representative have
been substituted for referen.ces ta the High Commiss1imer in the provisions specified in this
Schedule, . •
Co11stitutio11 225
THE CONSTITUTION AMENDMENT (NO 11) ACT 1982 (CI)
Analysis
Title
1 Sho1t Title 5 Board.of Appeal
2 Amendment of Short Title to 6 Consequential amendments
Ail)endrilents No's 9 and 10 7 Staff of Queen's Representative
3 Meetings of Parliament 8 Amendment of First Schedule
4 Prorogation and dissolution of
Parliament
1982, No 2
An Act to am end the Constitution
(24 August 1982)
Short Title
1 This Act may be cited as the Constitution Amendment (No 11) Act 1982, and shall be
read together with and deemed part of tile Constitution of the Cook Islands as set out
in toe Second Schedule to toe Cook Islands .Constitution Amendment Act 1965 of the
Parliament of New Zealand, as amended by Acts of the J;,egislative Assembly and
Parliament (hereinafter referred to as "the Constitution"), ·
2 (1) This sul?section amended section 1 (1) of the Constitution Amendment (No 9)
Act )980-81 as from its commencement.
(2) This subsection amended section 1(1) of the Constitution Amendment (No 10)
Act 1981-82 as from its commencement.
3 This sect.ion amended Article 29(2) of the Constitution.
4 This paragraph amended Article 37(4) of the Constitution.
This paragraph added subclause (7) to Article 37 of the.Constitution.
5 This section amended Article 76(3) of the Constitution.
6 This section added subsections (5), (6) and (7) to section 19 oFthe Constitution
. Amendment (No 9) Act 1980-81.
7 (1) This subsection amended Article 75(2) of the Constitution.
(2) This, subsection repealed section 5 of the Constitution Amendment (No 2) Act
1968-69.
8 This section substituted a new Part I for Part I of the First Schedule of the
Constitution. ·
THE CONSTITUTION AMENDMENT (NO 12) ACT 1986(CI)
Analysis
Title
1 Short Title 3 First Schedule
2 Justices of the Peace
1986, No 19
An Act to amend the Constitution
· (11 December 1986)
226 Cook Islands Laws
Short Title
1 This Act may be cited as the Constitution Amendment (No 12) Act 1986 and shall be
read together with and deemed part of the Constitution of the Cook Islands as set out
in the Second Schedule to the Cook Islands Constitution Amendment Act 1965 of the
Parliament of New Zealand as amended by Acts of the Legislative Assembly and
Parliament of the Cook Isl.ands (hereinafter referred to as "the Constitution").
2 This /fection amended Article 62 of the Constitution by repealing subclause 2.
3 This section amended the First Schedule by repealing Part II and substituting a new
Part II.
THE CONSTITUTION AMENDMENT (NO 13) ACT 1992
Analysis
.Title
1 Short Title 3 Exempted positions
2 Functions of the Public Service 4 Savings
Commissioner
1992 No 10
An Act to amend the Constitution
(21 December 1992)
Short Title
1 This Act may be· cited as the Constitution Amendment (No 13) Act 1992 and shall be
read together with and deemed part of the Constitution of the Cook Islands as
set out
in the Second Schedule to the Cook Islands Constitution Amendment Act 1965 of the
Parliament of New Zealand as amended by Acts of the Legislative Assembly and
Parliament of the Cook Islands (hereinafter referred to as "the Constitution"). ·
2 (1) This subsection amended Article 74B(J) of the Constitution.
(2) This subsection amended Article 74B(2) of the Constitution.
This subsection amended Article 74B(3) of the Constitution.
This subsection amended Article 74B(4) of the Constitution.
This subsection repealed Article 74B(6)(b} of the Constitution.
3 This section amended s (b} and (c} of Al'licle 74BB(2) of the Co11stitution.
Savings
4 A person holding office as a Head of Department immediatt;ly before the coming
into force of this Act shall upon and after the commencement of this Act and wlthout
further. appointment; continue to hold office as if that person were appointed to an
exempted position referred to .in Article 74BB(2)(b) (as inserted by this Act) and ln
accordance with Article 74BB(3) and notwithstanding the terms and conditions of
that persons original appointment, may be removed from such appointment in
accordance with the provisions of Article 74BB. ·
Constitution 227
THE CONSTITUTION AMENDMENT (NO 14) ACT 1991 (CI)
Analysis
Title
1 Short Title 3 New constitnency
2 New Cabinet Minister 4 Audit
1991 No 21
An Act to amend the Constitution
(12 August 1991)
Short Title
1 This Act may be cited as the Constitution Amendment (No 14) Act 1991 and shall be
read together with and deemed part of the Constitution of the Cook Islands as set out
Jn the Second Schedule to· the Cook Islands Constitution Amendment Act 1965 of the
Parliament of New Zealand as amended by Acts of the Legislative Assembly and
P_arllament of the Cook Islands (hereinafter referred to as "the Constitution").
2 This section substituted a new subclause (1) in Article 13 of the _Constitution.
3 (1) This subsection substituted a new subclause (2) in Article 27 of the
Constitution.
(2) This subsectirn substituted a new paragraph (J) in Article 27(2) of the
Constitution.
(3) This subsection amended the definition of the Muriemia constituency in Part II
of the First Schedule of the Constitution.
(4) . This subsection inserted the definition of the Akaoa constituency in Part II of
the First Schedule of the Constitution.
(5) Notwithstanding the amendment of Part II of the First Schedule to the
Constitution, by subsection (3) .of this section, the person elected as the Member
of Parliament for the Murienua Constituency ·at the General Election held
immediately. before the coming into force of this Act, shall be deemed, after the
coming into force Qf thls Act, but subject to the provisions of section 7 of the
Electoral Act 1966, to have been elected as the Member of Parliament for the
Akaoa Constituency as created by thls Act. .
. (6) Notwithstanding that the circumstances provided for in section 7(1) of the
Electoral Act 1966 may not have arisen the Speaker shall pursuant to section
· 7(5) of that Act and upon the coming into force of this Act declare the seat in
respect of the Murienua Constituency as amended by thls Act to be vacant
without _specifying the cause thereof and such declaration of the Speaker shall
be sufficient for the Chief Electoral Officer to appoint a day for the by-election
to fill that vacancy under section 27 of the Electoral Act 1966.
4 (1) This subsection i1mended Article 71(1) of the Constitution.
(2) This subsection added subclauses.(3) and (4) to Article 71 of the Constitution.
THE CONSTITUTION AMENDMENT (NO 15) ACT 1993 (Cl)
· Analysis
Title
1 · Short Title 2 Duration of office of members of
Cabinet
1993 No 10
An Act to amend the Constitution
(30 November 1993)
228 · Cook Islands Lait!s
Short '.ritle
1 This Act may be cited as the Cons,tltution Amendment (No 15) Act 1993 and shall be
read together with and deemed part of the Constitution of the Cook Islands as set out
in the Second Schedule to the Cook Islands Constitution Amendment Act 1965 of the
Parliament of New Zealand as amended by Acts of the Legislative Assembly and
Parliament of the Cook Islands (hereinafter referred to as "the Constitution").
2 This section substituted a new subclause (1) in Article 14 of the Constitution, and
repealed subclause (2) of that Article.
THE CONSTITUTION AMENDMENT (NO 16) ACT 1993-94 (CI)
Analysis
Title
1 Short Title 2 Jurisdiction of Court of Appeal
1993-94 No 12
An Act to amend t11e Constitution
( 13 January 1994)
Short Title
1 This Act may be cited as the Constitution Amendment (No 14) Act 1993-94 and shall_
be read together with and deemed part of the Constitution of the Cook Islands as set
out hi the Second Schedule to the Cook Islands Constitution Amendment Act 1965
of the Parliament of New Zealand as amended by Acts of the Legislative Assemb_ly
and Parliament of the Cook Islands (hereinafter referred to as ''.the Constitution").
-2 This section substitqted a new subc/aus1:: (3) in Article 60 of the Constitution.
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