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section 29(3) of the Legislative Service Act 1968-69 under the direction of the Attorney- General of the Cook Islands Hon. SIR GEOFFREY HENRY KBE - 1994 1994-95 Constitution Amendment (No. 17) No. 36 ANALYSIS Title 1. Short Title and commencement 6. Justices of the Peace 2. Interpretation 7. Custom 3. Secretary to the Cabinet 8. Cook Islands Public Service 4. Qualification of candidates 9. Transitional 5. Jurisdiction of Divisions of the 10. Consequential amendments to High Court Electoral Act 1994-95, No. 36 An Act to amend the Constitntion (30 June 1995 BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of tl1e same as follows: 1. Short Title and commencement - (1) This Act may be cited as the Constitntion Amendment (No. 17) 1994-95 and shall be read together with and deemed pati of the Constitntion of the Cook Islands (hereinafter refened to as "the Constitntion"). (2) This Act shall come into force on the 1st day of July 1995. 2. Interpretation - Article 1 of the Constitntion is amended by - "(a) inse1iing after the expression "Comi of Appeal" at1d its definition (as inserted by the Constitution Amendment (No. 9) Act 1980-81), the following- "Crown serva11t" includes any person who is an employee of the Crown, or a director, member or employee of any agency of the Crown or any statutory or other body or corporation substantially owned or controlled by the Crown, or a member of an Island Council, but does not include a person who holds office by virtue of his being a member of Parliament or a Minister." 2 Constitntion Amendment (No. 17) 1994-95, No. 36 (b) inserting after the expression "High Court" and its definition, the following- "Judicial officer" means the chief Justice or a Judge of the Court of Appeal or of the High Court, or a Justice of the Peace who acts in a judicial capacity." 3. Secretary to the Cabinet - The Constitution is amended, by repealing Article 20 and substituting the following new Article - "20. Secretary to the Cabinet - There shall be a Secretary to the Cabinet, who shall be appointed in such manner as shall be prescribed by Act." 4. Qualification of candidates -Atticle 28B of the Constitution is amended by- (a) adding after paragraph (d) ofsubclause (1), the following new paragraph- "(c) He is a Crown servant or a judicial officer." (b) adding after subclause (2), the following new subclause - "(3) Notwithstanding the definitions of "Crown se1vant" and "Judicial officer" in Article 1 of this Constitution, and subclauses (1) and (2) of this Atticle, an Act may- (a) Add to or delete from those definitions, any class or classes of persons; (b) Provide for further qualifications or disqualifications of candidates." 5. Jurisdiction of Divisions of the High Court - Atticle 48 of the Constitution.is amended by repealing subclause (3), and substituting the following new subclauses - "(3) Notwithstanding anything in this Part or Pait IVA, and in recognition of the customs and traditions of the people of those islands, the Land Division shall not exercise any jurisdiction or power in relation to land or chiefly titles in any of the islands of Mangaia, Mitiai·o and Pukapuka, and such other islands as may be prescribed by Act, provided that no such Act shall be introduced to Parliament except with the consent of the At·onga Mana of the island to which it relates. (4) Where on any isla11d to which subclause (3) applies, jurisdiction or power in relation to la11d or chiefly titles is exercised in accordance with the customs and usages of that island, the exercise of that jurisdiction of power shall be final and binding on all persons affected thereby, and shall not be questioned in any Court oflaw." 6. Justices of the Peace - Article 62 of the Constitution is amended, by inserting after subclause (1 ), the following- (2) Every Justice of the Peace (whether appointed before or after the coming into force of this sub clause) shall cease to act in a judicial capacity before becoming a candidate for election to Parliament, but such ceasing to act shall 1994-95, No. 36 Constitution Amendment (No. 17) 3 not otherwise affect that person's status as a Justice of the Peace." 7. Custom - The Constitution is amended, by inserting after Patt IVA, the following new Part- "PARTIVB CUSTOM 66A. Custom - (1) In addition to its power to make laws pursuant to Aiticle 39, Parliament may make laws recognising or giving effect to custom and usage. (2) In exercising its powers pursuant to this Aiticle, Parliament shall have particular regard to the customs, traditions, usages, and values of the indigenous people of the Cook Islands. (3) Until such time as an Act otherwise provides, custom at1d usage shall have effect as patt of the law of the Cook Islands, provided that this subclause shall not apply hi respect of any custom, tradition, usage or value that is, and to the extent that it is, inconsistent with a provision of this Constitution or of any enactment. (4) For the purposes of this Constitution, the opinion or decision of the Aronga Mana of the islat1d or vaka to which a custom, tradition, usage or value relates, as to matters relating to and concerning custom, tradition, usage or the existence, extent or application of custom shall be final and conclusive and shall not be questioned in any court of!aw." 8. Cook Islands Public Service - The Constitution is amended by repealing Patt VI, and substituting the following new Patt VI- "PART VI THE COOK ISLANDS PUBLIC SERVICE 72. The Cook Islands Public Service - (1) There shall be a Cook Islands Public Service, which shall comprise such persons in the service of the Government of the Cook Islat1ds as may from time to time be prescribed by law. (2) An Act shall provide for the administration and regulations of the Cook Islands Public Service including without limitation, the appointment, terms of service, disciplinary control, termination of appointment, and dismissal of members of the Public Service, and different such provisions may be made in respect of different classes of members of the Public Service. 73. Public Se1vice Commissioner - (1) There shall be a Public Service Commissioner appoir1ted by the Queen's Representative on the advice of the Prime Minister. (2) No person shall be appointed to be or remain the Public Service Conmlissioner ifhe is or becomes a member of Parliament. 4 Constitution Amendment (No. 17) 1994-95, No. 36 (3) The Public Service Conunissioner shall not hold office concurrently with any other office in the Cook Islands Public Service. (4) The actions of the Public Service Conunissioner shall not be invalidated in consequence of the subsequent discovery of some defect with regard to his appointment. (5) The Public Service Cmmnissioner shall be paid such remuneration by way of salary and allowances a may from time to time be detem1ined by Cabinet. (6) The procedure to be followed by the Public Service Commissioner in the exercise of his functions, and the delegation of his powers and functions may be prescribed by enactment. 74. Tenn of Office and functions of Public Service Co1mnissioner-(l) The Public Service Conunissioner shall be appointed for such term as shall be detennined by Cabinet ad may from time to time be reappointed. (2) The Public Service Conrn1issioner may at any time resigo his office by writing under his hand addressed to the Prime Minister. (3) The Queen's Representative, acting on the advice of the Prime Minister, may suspend or remove the Public Service Commissioner from office for disability, bankruptcy, neglect of duty, breach of the tenns of his appointment, or misconduct. (4) The Public Service Conunissioner shall have such functions as shall be prescdbed by Act. 75. Staff of Queen's Representative - (1) Except as provided in subclause (2), the appointment, tenns of service, disciplinary control, termination of appointment, and dismissal of staff of the Queen's Representative shall be matters for the Queen's Representative, acting in his discretion. (2) The Queen's Representative, if he so desires, may appoint to his staff such employees of the Cook Islands Public Service as he may select acting in his discretion, but after consultation with the Prime Minister, from a list subjected by the Public Service Commissioner; and the provisions of subclause (1) of this Article (except so far as they relate to appointment) shall apply in relation to a person so appointed in respect of his service on the staff of the Queen's Representative but not in respect of his service as an employee of the Cook Islands Public Service. 76. Board of Appeal - (1) There shall be a Cook Islands Public Service Board of Appeal, which shall consist of- (a) The Chief Justice of the High Court (b) one person, being an employee or fo1mer employee of the Cook Islands Public Service, to be appointed by, and hold office at the pleasure of, the Queen's Representative, acting on the advice of the Prime Minister; 1994-95, No. 36 Constitution Amendment (No. 17) 5 (c) . one person, being en employee or former employee of the Cook Islands Public Service, to be elected by the employees of that Setvice or nominated by an organization of those employees, and to hold office for a period of 3 years. (2) The Chief Justice shall be Chairman of the Board of Appeal. (3) In the absence of the Chief Justice from any sitting of the Board of Appeal, any other Judge of the High Court nominated by him either gern;rally or in any particular case, may attend the sitting in his stead, and while so attending shall be Chainnan of the Board of Appeal. (4) In the absence of the Chief Justice or other Judge nominated pursuant to subclause (3), the person for the time being holding office as Ombudsman may attend the sitting in his stead and while so acting shall be Chainnan of the Board of Appeal. (5) An Act- (a) shall presc1ibe whether or not the person to be appointed under the provisions of paragraph (c) of subclause (1) of this Aiiicle is to be elected or nominated and the manner of that election or nomination; (b) may provide for the appointment of deputies to act for members of the Board of Appeal appointed under the provisions of paragraph (b) or paragraph (c) ofsubclause (1) of this Aiiicle; (c) shall prescdbe the jmisdiction of the Board of Appeal to hear and detennine appeals; (d) shall prescdbe the procedure of the Board of Appeal. (6) Subject to the provisions of any Act, the Board of Appeal shall determine its own procedme." 9. Transitional - Notwithstanding the repeal and substitution by section 8 of this Act of Pali VI of the Constitution, every person holding office as Public Service Commissioner, Secretary to the Cabinet, a member of the Public Service, an exempted employee, a member of the staff of the Queen's Representative, or as a member of the Cook Islands Public Service Board of Appeal ilmnediately befoi·e the commencement of this Act, shall continue to hold office as Public Service Commissioner, Secretaiy to the Cabinet, member of the Public Service, an exempted employee, a member of the staff of the Queen's Representative or as a member of the Cook Islands Public Service Board of Appeal (as the case may be) subject to the provisions of the Constitution. 6 Constitution Amendment (No. 17) 1994-95, No. 36 10. Consequential amendments to the Electoral Act-The Second Schedule to the Electoral Act 1966 is amended, by amending 28B(2) of the Constitution (as reproduced in that Schedule) by- (a) adding after paragraph (d) of sub clause (1 ), the following new paragraph- "(c) He is a Crown servant or a judicial officer." (b) adding after subclause (2), the following new subclause - "(3) Notwithstanding the definitions of "Crown servant" and "Judicial officer in Article 1 of this Constitution, and subclauses (1) and (2) of this Aiticle, anActmay- (a) add to, vary, or delete from those definitions, any class or classes of persons; (b) provide for fmther qualification of disqualifications of candidates." RAROTONGA, COOK ISLANDS: Printed under the authority of the Cook Islands Government - 1995 1995-96 Constitution Amendment (No. 18) No.8 ANALYSIS Title 1. Sho1t Title 2. Audit. 1995-96, No. 8 An Act to amend the Constitution (11 March 1996 • BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of the same as follows: 1. Sho1t Title - This Act maybe cited as the Constitution Amendment (No. 18) Act 1995-96 and shall be read together with and deemed part of the Constitution of the Cook Islands (hereinafter referred to as "the Constitution"). 2. Audit-Aliicle 71 of the Constitution is amended, by repealing subclauses (3) and (4), and substituting the following new subclauses - "(3) There shall be established by enactment a Public Expenditure Review Committee comp1ising a chairperson appointed by the Minister of Finance, and other members whose number and manner of appointment shall be prescribed by Act. (4) The Act referred to in subclause (3) of this Ai·ticle shall provide to the Public Expenditure Review Committee sufficient powers to investigate expenditure from fue Cook Islands Government Account and other public funds or accounts of executive govennnent and such oilier public statutory or local authorities or bodies as may be presc1ibed by law, and shall have such other functions, duties, powers, and responsibilities as shall be provided by enactment. RAROTONGA, COOK ISLANDS: Printed under the autho1ity of fue Cook Islands Government - 1996 1995-96 Constitution Amendment (No. 19) No.33 ANALYSIS Title Short Title and commencement 2. Persons entitled to pennanent residence 1995-96, No. 33 An Act to amend the Constitution (12 December 1996 BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of the same as follows: 1. Short Title and commencement - (1) This Act may be cited as the Constitution Amendment (No. 19) Act 1995-96 and shall be read together with and deemed part of the Constitution of the Cook Islands (hereinafter referred to as "the Constitution"). (2) This Act shall come into force on the date that it is assented to by the Queen Representative. 2. Persons entitled to permanent residence-Article 76A of the Constitutio11 (as enacted by section 13 oftlrnConstitution Amendment (No. 9) Act 1980-81) is hereby an1ended by adding the following new paragraph ( e) in subclause (3) "(e) prescribe the number of permanent residence certificates that may for the time being, be in effect." RAROTONGA, COOK ISLANDS: Printed under the authority of the Cook Islands Gove111111ent - 1996 1997. Constitution Amendment (No. 20) No. 2 ANALYSIS Title 1, Short Ti.tie Preamble to Constitution 1997, No .. 2 An Act to amend the Constitution WHEREAS (19 March 1997 The people of. the Cook Islands affirm that the Cook Islands is a nation founded on Christian principles, Cook Islands custom, and the rule of law: . BE IT ENACTJ~D by the Parliament of the Cook Islands in Session assembled, and by the authority of tl1e same as follows: 1. Short Title - This Act may be cited as the Constitution Amendment (No. 20) Act · 19 9 7 and shall be read togetl1er with and deemed part of the Constitution of the Cqok: 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 Parliament (hereinafter reforred to as "the Constitution). 2. Preamble to Constitution - The Constitu!i01.1 is amended by inserting after' the words "the Constitution of the Cook Islands" the follo,wing preamble; ,· "P.REAMJlLE I 'IN THE HOLY NAME OF GOD, TEE ALlYUGHTY, THE EVERLOY.ING, AND THE EVERLASTING We, the people of the Cook Islands, recognising the heritage of Christian piincjples, Cook Islands cnstom,. and tl1e rule. of law, remember to keep holy the Sabbath Day, being that day of the week which, according to a person's belief and conscience, ls the Sabbath of the Lord." RAROTONGA; COOK ISLANDS: Printed under tl1e authority of tile Cook Islands Government - 199•7 Price .50c · 1997 . Constitution Amendment (No. 21) No. 3 ANALYSIS Title 1. Short :Title 2. Term of office. of His Excellency Apenera Short O.B.E. 1997, No, 3 . An Act to amend the Constitution (19 March 1997 BE IT ENACTED by the. Parliament of the Cook Islands in Session assembled, and by the authority of the same as follows: 1. : Short Title - This Act may be 9ited as the Constitution Amendment (No. 21) Act .19 9 7 . ;and shall be read together witli and deemed pa.rt 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 Parliament (hereinafter ~eferred · to as "the Constitution"). 2. ' Term of office of His Excellency Apenera Sl1ort O.B.E. - The Constitution is amended by inserting the following clause: ' 'Tenn of office of His Excellency Apenera Short O.B.E - Whereas: (1) His Excellency Apenera Short O.B.E. has acted as Queen's· . Representative since 19 December 1990 and Her Majesty the Queen's [ Commission appointing His Excellency to a fmih~r term did not take effect : until 11 October 1994, a period of approximately 10 months after the expiry ! of His Excellency's first term of office. ; (2) His Excellency shall be deemed to have been validly appointed as ; Queen's Representative during the period from 19 December 1993 to 11 ! October 1994 notwithstanding· tbat His Excellency's second term of office did · not begin untll 11 October 1994 and will accordingly expire on 11 October · 1997. (3) All official acts carried out by His Excellency during the period ,: from 19 December 1993 to 11 October 1994 shall be as valid and effectual as '.' if His Excelkncy' had. been appointed as the Queen's Representative by Her :. Majesty the Queen during that periqd," RAROTON(}A, COOK ISLANDS: Printed, under the authority of the 'Cook Islands Goverrnnent , - 1997 . 1997 Constitut.ton Amendment (No. 22) ANALYSIS Title 1. Short Title 2. R e v e nu e a n d Expenditure o{Cook . Islands Government Acconnt 1997, No. 17· An Act to amend the Constitution · (1 July 1997 BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of tli.e same as follows: 1. Short Title - This Act may be c\ted as the Constitution Amendment (No. 22) Act 1997 and shall be read together with and deemed part of the Constitution of the Cook Islands (hereinafter referred to as "the Constitution"). 2. Revenue and expenditure of Cook Islands Government Account ·- _The Constitution is amended by repealing Article 70 subclauses (1), (2) and (3) and substituting the following Article - "70. Expenditure - (1) All expenditure from the Cook Islands Government Acconnt, or from any other public fund or acconnt shal,1 be in accordance. _witl:\ an Appropriation Act unless otherwise anthorised or permitted by any oth_er enactment. (2) . An appropriation provision for a specific pmpose shall mak~ .. reference to any anticipated income in relation to that pmpose and ·. the amount appropriated shall be the nett amount. · (3) The Minister responsible for Finance, with the ·concurrence of Cabinet, or, where any enactment so provides, the Executive Council, may approve the expenditure of such sums as he or it considers necessaiy -. (a) in anticipation of provision to be made in an · Appropriation Act for any financial. year: ·· Provided that the total amount Jssued and paid in any financial year shall not exceed the·. unexpended balance of the vote in the Appropriation Act (or Acts) for the · preceding financial year together with an amount equ?I to three-twelfths of that vote; or Price $1.20c 2 Constitution A111ehdmenf(N,o, 22) 1997, ·No. 17 (b) when during the period between the passing of the last Appropriation Act for any financial year and the end of that year it is desirable that money should be 'expended in excess of or without the prior appropriation of Parliament: Provided that: (i) the total amount of all sums issued and paid shall not exceed a one and one-half percent (1· 1/2%) of the total amount of all sums appropriated by · the Appropriation. Act or Acts for that year; and (ii) in sucli case the Public Expenditure Review Conllllittee shall investigate and make a reconunendation to the Minister of Finance who may direct that any amount .paid to any Govenllllent Depa1iment or Crown Agency in accordance · with paragraph (b) be repaid to the Cook Islands Goverllll1ent Account out of any appropriation in any following financial year." RAROTONGA, COOK ISLANDS: Printed under the authority of the Cook Islands Govermnent - 1997 1999. ANALYSIS 1. Short Title 3. Duration of office of members of 2. Cabinet Cabinet 4. Transitional 1999, No. 4 An Act to amend the Constitution (12 March 1999 BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of the same as follows: 1. Sho1t Title - This Act may be cited as the Constitution Amendment (No. 23) Act 1999 and shall be read together with and deemed pa1t 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 Padiament of the Cook. Islands (hereinafter referred to as "the Constitution"). 2. Cabinet- Article 13 of the Constitution is amended by - (a) repealing subclauses (1) and (3) and substituting the following clauses- "(1) There shall be a Cabinet of Ministries, compdsing the Pdme Minister of the Cook Islands (who shall preside over Cabinet) and not more than 6 other ministers, which shall have the general direction and control of the executive government of the Cook Islands and shall be collectively responsible to Parliament". 2 Constitution Amendment (No.23) 1999, No. 4 · "(3) Five Ministers, othet· than the Prime Minister, shall be appointed by the Queen's Representative on the advice of the Prime Minister. No person shall be appointed under this subclause w1less - (a) that person is amemberofPadiament; or (b) if the appointment is to be made after a dissolution of Parliament and before the holding of a general election of Parliament following that dissolution, that person _was a member of Parliament immediately before that dissolution; 01' (c) if the appointment is to be made after the holding of a general election of Parliament and before the commencement of the first session of Parliament following that election, that person was elected as a member of Parliament at that election". (b) inserting after subclause (3) the following subclause - "(3A) One Minister other than the Prime Ministe1~ may in the discretion of the Prime Minister, be appointed by the Queen's Representative on the advice of the Prime Minister from persons other than those referred to in paragraphs (a), (b) and (c) of subclause (3) and who shall - (a) be qualified for election as a member of Parliament on and for the duration of his appointment; and (b) be entitled to attend and address meetings of Parliament and any committee thereof as if he were a member but shall not be entitled to vote on any question before Parliament". 3. Duration of office of members of Cabinet - Article 14 of the Constitutfon is amended by repealing subclause (4) and substituting the following subclause- "(4) The office of any other Minister shall become vacant.- (a) if the appointment of the Prime Minister has been terminated under the provisions of subclauses (1) or (3) of this Article; or (b) if the appointment of the Minister to that office is revoked by the Queen's Representative acting on the advice of the Prime Minister by instrument under the seal of the Cook Islands; or 1999, No. 4 .. Constitution Amendment (No.23) 3 (c) if the Minister, being a member of Parliament, ceases to be a member of Parliament for any reason other than the dissolution of Parliament; or (d) if the Minister, not being a Member of Parliament, ceases to be qualilled for election as a member of Parliament; or (e) if the Minister resigns his office by writing under his hand delivered to the Queen's Representative." ,..,, 4. Transitional - Notwithstanding the amendment of Article 13 by this Act, the persons holding office as Prime Minister of the Cook Islands and Ministers of Cabinet immediately before the commencement of this Act shall, without further appointment, continue to hold offiee as Prime Minister and Ministers (as the case may be) subject to