Constitution of the Cook Islands
38
- Jurisdiction
- Cook Islands
- Provision
- 38
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourcesection 38 of the Cook Islands Amendment Act 1957, and in force
immediately before Constitution Day, shall continue in force on and after
Constitution Day.
The High Court
82 (1) The High Court of the Cook Islands established by Article 47 hereof is
hereby declared to be the same Court as the High Court of the Cook Islands
established by the Cook Islill)-ds Act 1915.
(2) The Judges and Commissioners of that Court in office immediately before
· Constitution Day shall continue to hold office on and after Constitution Day
as if they had been appointed under the provisions of this Constitution, and
those Judges shall receive the salary to which they were entitled immediately
before Constitution Day as if that sal;rry had been fixed by enactment.
(3) All judgments, decrees, records, and acts of the High Court of the Cook
Islands shall continue to have full force and effect on and after Constitution
Day as judgments, decrees, records and acts of the High Court established
under this Constitution; and all proceedings, civil or criminal, pending in the
High Court immediately before Constitution Day, and all appeals pending
immediately before Constitution Day from decisions of the High Court, may
be continued on and after Constitution Day.
The Land Court
83 (1) The Land Court of the Cook Islands established by Article 52 hereof is
hereby declared to be the same Court as the Native Land Court of the Cook
Islands established by the Cook Islands Act 1915.
(2) The Land Court of the Cook Islands shall also be deemed for all purposes to
be the same Court as that which existed at the commencement of the Cook
Islands Act 1915 under the name of the Cook Islands Land Titles Court, and
all orders theretofore made by the last-mentioned Court shall have effect
accordingly.
(3) Repealed bys 15 of the Constitution Amendment (No 9) Act 1980-81 (Cl).
Constitution 207
Articles 84 and 85 were repealed bys 6 of the Constitution Amendment (No 11) Act
1982 (Cl)
Cook Islands Government Account
86 The Cook Islands Government Account established by Article 67 hereof is hereby
declared to be the same account as the Cook tslands Assembly Account established
by section 15 of the Cook Islands Amendment Act 1957; and all money in the last-
mentioned account immediately before Constitution Day shall on and after
Constitution Day be deemed to form part of the Cook Islands Government
Aecount.
Articles 87 and 88 were repealed by ss J5 and 14 of the Constitution Amendment (No 9)
Act 1980-81.
208 Cook Islands Laws
filRST SCHEDOLE
(Article 27)
NAMES AND BOUNDARIES. OT!' CONSTITUENCIES TOGETHER
COMPRISING THE ISLANDS OFAlTU1'AKJ, MANUAE, A,Nl)
TE-AU-0-TU, AND Tllli ISLANl)S OF RAROTONGA
AND PALMERSTON, AND THE ISLAND OF ..
MANGAIA, AND Tlm ISLAND OF ATlU
[[PAllT I
CONSTITUENCIES COMPllISING THE ISLANDS OF AlTUTAKl
MANUAE AND TE-AU,o<ru
VAIPAE-TAUTU CONSTITUENCY
All that area in the Island of Aitutaki delineated and edged in red on the plan SO 1008
deposited in the office of the Chief Surveyor at Rarotonga, comprising -
(i) The Avauui Tapere being part of the Avauui District; and
(ii) The Oako Tapere and Vaipae Tapere of the Vaipae District; and
(iii) The Mataotalle Tapere and Tautu Tapere of the Tautu District; and
(iv) The motus known as -
·· Angarei
Ninra
Mangere
Papau
Tavairuaitl
Tavairuartui
Akaiami
Muritapua
Rapota
Moturakau
Tekopua
Tapuaetai
Motukitiu
AMURl-UREIA CONSTll'UENCY
/µI that area in 'the Island of Aitutaki delineated and edged blue on plan: SO 1008 deposited
i_n the office of the Chief Surveyor at Rarotonga, comprising -
(i) Th.e Urela Tapere being part of. the Arutanga District; and
(ii) The Amuri Tapere and Puuganui Tapere of the Amuri District; and
(iii) · The Anaunga Tapere and Puuoa Tapere of the Anaunga District; and
(iv) The Taakarere Tapere and Vaitupa Tapere of the Vaitupa Dlstrict; and
(v) The Vaipeka Tapere, being part of the Avanui District; and
(vi) The motu known as Akitua.
ARUTANGA-REUREU-NIKAUPARA CONSTITUENCY
All the area in the Island of Aitutaki delJneated and edged green in· the plan SO 1008
deposited in the office of the Chief Surveyor at Rarotonga, comprising -
(i) The Arutanga Tapere; the Reureu Tapere and Nukunoni Tapere being part of the
Arutanga District; and
(ii) The V aiorea Tapere, the V aiau Tapere and Taravao Tapere of the Taravao District;
and
(iii) The Islands of Manuae and Te-Au,O-Tu; and
(iv) The motti known as Maina.]J
Constittttion 209
[PART II
CONSTITUENCIES COMPRISING THE ISLANDS OF RAROTONGA
. AND PALMERSTON
NIKAO-PANAMA CONSTITUENCY
All .that area in the Avarua Survey District in the .Island of Rarotonga comprising the ;fapere
of Pokoinu, Nikao, ·Puapuautu, Areauu, and Kaikaveka, as dellneated on plan SO 1002D,
deposited in the office of the Chief Surveyor at Rarotonga.
AVATIU-RUATONGA CONSTITUENCY
All that area in the Avarua Survey District ln the Island of Rarotonga comprising the Tapere
of Atupa, Avatiu and Ruatonga, as delineated on plan SO 1002C, deposited in the office of
the Chief Surveyor at Rarotonga together with the Island of Palmerston.
TAKUVAINE-TUT~KIMOA CONSTITUENCY
All that area in the Avarua Survey Di~trict in the Island of Rarotonga, comprising the
Tapere of Tutakimoa, Tanae, and Takuvaine, as delineated on plan SO 1002, deposited in
the office of the Chief Surveyor at Rarotonga ..
TllPAPA-MARAERENGA CONSTITUENCY
All that area in the Avarua Survey District in the Island of Rarotonga comprising the Tapere
of Ngatipa, Vaikai, Tapae-I-Uta, Pue, Punaruaia, Kilkii and Tupapa as delineated on the said
plan so 1002.
MATAVERA CONSTITUENCY
All that wea comprising the Matavera Survey District in the Island of Rarotonga, as
dellneated on the said plan SO 1002.
NGATANGIIA CONSTITUENCY
All that area comprising the Ngatangiia Survey District ln the Island of Rarotonga, as
delineated on the said plan SO 1002.
TITIKAVEKA CONSTITUENCY
All that area comprising the Takitumu Survey District ln the Island of Rarotonga, as
delineated on the Said plan SO 1002.
MURIENUA CONSTITUENCY
[All that area of the Arorangi Survey, District in the Island of Rarotonga, comprising the
Tapere of Kavera, the Tapere of Aroa, and the Tapere of Rutaki, as delineated on the said
plan SO 1002.]
. [AKAOA CONSTITUENCY
All that area of the Arorangi Survey District in the Island of Rarotonga, comprising the
Tapere of Akaoa, and the Tapere of V aiaknra, as dellneated on the said plan SO 1002.
RlJAAU CONSTITUENCY
All tliat area in the Arorangi Survey District in the Island of Rarotonga, comprising the
Tapere of Pokoinu-i-Raro, Tokerau, !nave, and Arerenga, as delineated on the said plan SO
1002.J
210 Cook Islands Laws
PARTIII
CONSTITUENCIES COMPRISING THE ISLAND OF MANGAIA
ONEROA CONSTITUENCY
All that area in the Island of Mangaia comprising the Tapere of Tava'enga, Keia, and
Veitatei, as delineated on plan SO 1014 depqsited ln the Office of the Chief Surveyor at
Rarotonga.
IVIRUA CONSTITUENCY
All that area in the Island of Mangaia comprising the Tapere of Karanga and Ivlrua, as
dellne_ated on the said plan SO 1014.
TAMAROA CONSTITUENCY
All· that area in the Island of Mangaia comprising the Tapere of Tamarua, as delineated on
_the said plan SO 1014.
PART IV
CONSTITUENCIES COMPRISING THE ISLAND OF ATIU
TENGATANGI- AREORA -NGATIARUA CONSTITUENCY
All that area in the Island of Atiu bounded by a line commencing at Trig station CB 1 and
proceeding due west along a right line to the sea-coast; thence generally southerly, easterly,
and northerly along the sea-coast to its intersection with a right line. bearing of 45 degrees
from CBI; ·thence south-westerly along that right line to the point of commencement, to
include the villages of Areora, Tengatangi, and Ngatiarua, as delineated on Plan SO 1015
deposited in the office of the Chief Surveyor at Rarotonga.
TEENUI-MAPUMAI CONSTITUENCY ··
All that area in the Island of Aliu bounded by a line commencing at Trig station CBI and
proceeding due west along a right line to the sea-coast; thence generally northerly, and
south-easterly, along the .sea-coast to its inter-section with a right line bearing of 45 degrees
fiom CBI; thence south-westerly along that right Ilne to the point of commencement, to
include .the villages of Teenui and ·Mapumai, as delineated on the said SO PlalJ, 1015.J ·
The First Schedule was added by s 16 of the Constitution Amendment
(No 9) Act ]980-81 (Cl)
Part 1 was substituted bys 8 of the Constitution Amendment (No 11) Act
1982 (CI) .
Part II was subf!tituted by s 3 of the Constitution Amendment (No 12) Act
1986
The description of the. Murienua constituency was amended, and the
Akaoa c,onstituency added, by sections 3(3) and 3(4) respectively of the
Constitution Amendment (No 14) Act 1991
SECOND SCHEDULE
(Article 28)
CRIMES DISQUALIFYING FOR ELECTION TO PARLIAMENT
PART I
CRIM.ES AGAINST THE STATE, AND MURDER, SLAVERY, PIRACY, AND
KIDNAPPING
Crimes against the following sections of the Crimes Act 1969:
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