New Zealand. COOK ISLANDS GOVERNMENT. 1908, No. 28. Cook Islands Government. [No

Transcription

1 Cook Islands Government. [No New Zealand. COOK ISLANDS GOVERNMENT. 1908, No. 28. AN ACT to consolidate certain Enactments of the General Assembly relating to the Government of the Cook and other Islands in the Pacific within the Boundaries of New Zealand. WHEREAS by Order in Council dated the thirteenth day of May, one thousand nine hundred and one, and made under " The Colonial Boundaries Act, 1895," it was ordered by His Majesty the King (with the consent of the General Assembly, testified by resolution of both Houses of the said General Assembly) that on and after a date to be appointed by the Governor by Proclamation the Islands of the Cook Group and all other the islands and territories then or thereafter forming part of His Majesty's dominions situate within the boundary-lines set forth in the Second Schedule hereto should form part of New Zealand: And whereas by Proclamation dated the tenth day of June, one thousand nine hundred and one, the Governor appointed the eleventh day of June, one thousand nine hundred and one, to be the date on and after which the said Order in Council should come into effect: And whereas it is expedient to make provision for the administration of the Government in the said Islands : BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows : 1. (1.) The Short Title of this Act is "The Cook Islands Govern- short Title, ment Act, 1908." (2.) This Act is a consolidation of the enactments mentioned in the Enactments First Schedule hereto, and with respect to those enactments the consolidated, following provisions shall apply: (a.) All Councils, Courts, offices, appointments, Proclamations, Savings. Orders in Council, orders, rules, regulations, notices, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated 1 31.

2 ]ConsolidatedStatutes. interpretation. Local laws and usages to continue. 1901, No. 44, sec. 2 Laws of New Zealand may be adopted and modified. 1902, No. 34, sec. 3 Courts of justice continued. 1901, No. 44, sec. 4 Resident Agents' Courts. 1904, No. 22, sec. 5 Arikis' Courts. under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated: Provided that in the case of the elective members of the Federal and Island Councils their current terms of office shall expire when the same would have expired if this Act had not been passed (6.) All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act. 2. In this Act, if not inconsistent with the context, " Cook Islands " and " Islands " include all the islands and territories situate within the boundary-lines set forth in the Second Schedule hereto : " New Zealand proper " means the Dominion of New Zealand exclusive of the Cook Islands. 3. Subject to the provisions of this Act, the laws in force in the Islands at the commencement of this Act (including the local laws, customs, and usages of the Native inhabitants, in so far as the same are not repugnant to the general principles of humanity) shall continue until other provision is made; and, subj ect as aforesaid, the statute laws of New Zealand proper shall not be in force in the Islands : Provided that the Governor may from time to time by Order in Council direct that any of the laws in force in the Islands at the commencement of this Act may be modified or repealed. 4. The Governor may from time to time by Order in Council direct that any of the laws in force in New Zealand proper (other than the laws relating to the sale of intoxicating liquors) shall have operation and be observed in the Islands, either in whole or with such modifications as may be necessary to adapt them to the conditions and circumstances of the said islands and the inhabitants thereof. 5. Subject as aforesaid, the Courts of justice in existence in the Islands at the coming into operation of this Act, and the Judges and officers thereof, and the jurisdiction, practice, and procedure thereof, shall continue until other provision is made. 6. (1.) In any of the Islands to which a European Resident Agent has been appointed by the Governor, the jurisdiction and powers formerly exercisable by the Arikis' Courts or a Judge thereof in such island shall be exercisable therein by such Resident Agent. (2.) All references in any Ordinances of any of the Islands to the Arikis' Court or a Judge thereof shall in such island be deemed to be references to such Resident Agent therein. (3.) The foregoing provisions of this section shall, on and after a date to be fixed by the Governor, apply to any of the Islands to which a European Resident Agent is appointed after the coming into operation of this Act. (4.) In any of the Islands to which a European Resident Agent has not been appointed as aforesaid, and until such appointment is made, the Arikis' Courts as existing on the coming into operation of this Act shall continue.

3 Cook Islands Government. [No (1.) There shall be an appeal from the decisions of the High Appeal to New Court of the Islands to the Supreme Court of New Zealand, and thence Zealand Courts, to the Court of Appeal of New Zealand, in such cases and subject to such 1901 ' No ' 44 ' sec ' 4 rules and regulations as are from time to time made in that behalf by the Governor in Council with the concurrence of any two or more of the Judges of the Supreme Court. (2.) Appeals to the Supreme Court may be heard and determined at any sitting of the Supreme Court in New Zealand, or by any Judge of the Supreme Court sitting at Rarotonga, on such dates as shall be appointed by the Governor in Council. (3.) The rules and regulations made under this section may provide, inter alia, that appeals to the Supreme Court may be by way of case stated, with the legal argument (if any) attached thereto in writing, and it shall not be necessary in any such case for the parties to appear either personally or by counsel. 8. (1.) The Governor may from time to time appoint some fit person Resident to administer the Government in the Islands, who shall be called Commissioner. " the Resident Commissioner," and shall have such powers and duties Ibid > sec - 5 as may from time to time be determined by the Governor by Order in Council. (2.) Pending any such Order in Council, and subject thereto, the Resident Commissioner shall have and exercise all such powers and duties as were possessed by the late British Resident Agent of the Islands. (3.) The Governor may also from time to time appoint such officers and assign to them such powers and duties, either in the Islands or in any one or more of them, as he thinks fit. 9. The Governor may from time to time by Order in Council Provision for establish a tribunal or appoint an officer or officers, with such powers JJe ^ning title8 and functions as he thinks fit, in order to ascertain and determine Ibid gec 6 the title to land within the Islands, distinguishing titles acquired by Native customs and usage from titles otherwise lawfully acquired ; and may provide, for the issue of instruments of title, and generally make such provision in the premises as he thinks fit. 10. (1.) The Federal Council and the Island Councils existing at the Federal and Island coming into operation of this Act shall continue. Councils. (2.) The enactments made by them shall be called " Federal Ordi- SS', No. 34, sec. 4 nances " in the case of the Federal Council and " local Ordinances "in the case of the Island Councils. (3.) The Court heretofore known as the Cook and other Islands Land Titles Court shall hereafter be known as the Cook Islands Land Titles Court; and similarly in the case of all Ordinances, Proclamations, Orders in Council, and other official documents in force at the coming into operation of this Act, the words " Cook and other Islands " shall hereafter be read as " Cook Islands." 11. Each Island Council shall consist of nine members, and shall Constitution of be constituted as follows: _ ^T^i'Zc o (a.) The Resident Agent shall be ex officio a member and President ' ' sec ' thereof : (b.) The Arikis of the island shall be ex officio members thereof: (c.) The remaining members shall be elected by the adult Natives of the island for a term not exceeding three years. 1 31*.

4 ] Consolidated Statutes Subject to this Act, the Federal*Council and Island Councils shall have the following powers respectively, that is to say: (a.) The Federal Council shall have the power to make Federal Ordinances for the government and welfare of all the Islands and the inhabitants thereof : (b.) Each of the Island Councils shall have the power to make local Ordinances for the government and welfare of the inhabitants within its jurisdiction: Provided that such Federal and local Ordinances shall be transmitted Power of veto. by the Resident Commissioner to the Governor, and shall have no force or effect until assented to by the Governor in the name and on behalf of His Majesty. Ordinances to be 1 3. All Federal and local Ordinances assented to by the Governor laid before shall be laid before Parliament within ten days of the commencement Parliament. of the session next after such assent. Ibid, sec (1.) Subject to the provisions hereinafter contained, there shall Duties of Customs. Ibid, sec. 10 be paid on all goods imported into the Islands duties of Customs in accordance with the New Zealand tariff. (2.) There shall be paid on all goods imported into the Islands from any place or country other than New Zealand proper, and which would in New Zealand proper be admitted free of duty, such ad valorem duty, not exceeding ten per centum, as the Governor from time to time by Order in Council determines. (3.) No drawback shall be paid in New Zealand proper on goods shipped to the Islands. (4.) All goods the produce or manufacture of New Zealand proper, and all goods on which duty has been paid in New Zealand proper, or which have been imported and entered into New Zealand proper free of duty, shall be admitted to the Islands free of duty; and, similarly, all goods the produce or manufacture of the Islands or on which duty has been paid in the Islands shall be admitted to New Zealand proper free of duty. (5.) Subject to the provisions of this Act, " The Customs Law Act,' 1908," " The Customs Duties Act, 1908," and all other laws relating to Customs for the time being in force in New Zealand proper shall be deemed to be in force in the Islands (1.) Notwithstanding anything in the last preceding section, the Customs tariff may be modified. Governor may from time to time by Order in Council modify the New 1902, No. 34, sec. 5 Zealand Customs tariff in its application to goods imported into the 1903, No. 89, sec. 3 Islands, provided that such modification shall not have the effect of imposing higher duties than those prescribed by the New Zealand tariff. (2.) In the event of the rate of duty on tobacco prescribed by the New Zealand tariff being modified as aforesaid, the Governor in Council may make regulations prescribing the conditions under which tobacco on which duty has been paid in any of the Islands may be shipped or removed to any other island or to New Zealand proper, and imposing penalties for the breach of such regulations. (3.) Every Order in Council made under this section shall be laid before Parliament within twenty days after the commencement of the then next ensuing session. Application of 1 6. For the purposes of " The Shipping and Seamen Act, 1908," Shipping Act ships trading to or going between the Islands and New Zealand proper restricted. Councils to make Ordinances. 1901, No. 44, sec. i90i No. 44, sec. ii shall not be deemed to be home-trade ships.

5 Cook Islands Government. [No The Governor may from time to time, by Warrant or Order, The Governor may (a.) Appoint any port or ports in the Islands to be the only a PPo?nt ports, and 4. i s - - XI.- j. i i j J. prohibit importation port or ports tor the entry oi ships and the landing oi of certain goods, goods ; 1901 > No - 44 > 8ec - 13 (b.) Prohibit, either absolutely or subject to such conditions as he thinks fit, the importation into the Islands of arms or other munitions of war, intoxicating liquors, opium, or any other article of any kind which in his opinion is likely to be injurious to the inhabitants ; (c.) Impose fines for the breach of any such Warrant or Order, and make provision for the recovery of any such fine by forfeiture of the ship or goods, or otherwise ; and (d.) Delegate to the Resident Commissioner all or any of the powers by this section conferred upon the Governor. 18. The Governor may from time to time, by Order in Council Precaution against gazetted, prohibit absolutely, or except in accordance with regulations SSScfpeSsor* under this Act, the introduction into New Zealand proper from the disease. Islands of any plant, fruit, fungus, parasite, or any other thing which in i9<> 2 > No. 34, sec. 6 his opinion is likely to introduce insect pests or disease. 19. The public revenues of the Islands shall be available for defraying Revenue and the public expenditure thereof; and the Governor may from time to ex P endlture - time make such provisions and regulations as he deems necessary for the 1901 ' No ' 44, sec ' 14 receipt, expenditure, control, and audit of public moneys in the said Islands. 20. (1.) The Governor may from time to time, by notice in the Power to take lands Cook Islands Gazette, take any lands in the Islands required for townships, p u r rposes fied landing-places, public fisheries, or any public work within the meaning 19(M No 22 sec 3 of " The Public Works Act, 1908." (2.) On the gazetting of such notice the land referred to therein shall, by virtue of this Act, vest absolutely in His Majesty as lands of the Crown, freed and discharged from all claims, estates, and interests of any other person, and shall be held and administered for the purposes specified in the notice. (3.) A copy of such notice shall be filed in the office of the Registrar of the Cook Islands Land Titles Court. (4.) The Registrar shall give notice to every person who appears or is known to be the owner of the land so taken that a sitting of the said Court will be held, at a time and place specified in the notice, to determine the owners of the land and the amount of compensation (if any) payable to them. (5.) Such sitting of the Court shall not be held sooner than one month after the giving of such notice. (6.) Any person who claims to be the owner of the land shall, before the date specified in the notice as aforesaid, file with the Registrar a statement in writing of the nature of his interest in the land, and the amount of compensation claimed for the same. (7.) On the day specified as aforesaid the Court shall proceed to determine the owners of the land and the amount of compensation payable to them, and such compensation shall be payable out of the public. revenues of the Islands. (8.) The Governor may from time to time make regulations prescribing the mode of making and assessing such compensation claims,

6 ] Consolidated Statutes. and generally whatever he thinks necessary in order to give full effect to this section. (9.) For the purposes of this section the term " owner " shall be deemed to include every person having any estate or interest in the land. (10.) All lands taken under this section for townships shall be dealt with in manner prescribed by regulations to be made by the Governor. Reserves for naval, 21. (1.) The Governor may from time to time by Proclamation set purposes' r ther as ide Crown lands within the Islands to be reserves for the purpose of 1901 No. 44 sec. is Imperial or colonial naval or military defence, or any other specified public purpose. (2.) Such Proclamation shall be conclusive evidence that the lands specified therein as Crown lands are in fact Crown lands for the purposes of this Act. (3.) With respect to reserves for Imperial naval and military defence, the following special provisions shall apply : (a.) Upon being informed by His Majesty's Secretary of State for the Colonies as to who is the proper person or authority in whom any reserve ought to be vested for the Imperial naval or military service of His Majesty, the Governor may by Proclamation vest the same in such person or authority and his or their successors in office for an estate in fee-simple in trust, to hold and use the same for the Imperial naval or military service of His Majesty, as the case may be, according to the tenor of the Proclamation, and for no other purpose. (b.) Upon being satisfied that any such reserve is no longer required for the purpose for which it is so vested as aforesaid, the ' Governor may by Proclamation revoke the vesting Proclamation, and thereupon the title created by the vesting Proclamation shall be deemed to be divested, and the reserve shall revert to His Majesty as Crown land, and be liable to be dealt with accordingly in like manner in all respects as if the vesting Proclamation had never been made : Provided that all works, buildings, and machinery erected on the reserve during the currency of the vesting Proclamation may be removed or otherwise disposed of in such manner as the naval or, as the case may be, the military authorities of His Majesty think fit, and within such period after the reversion of the reserve as may be agreed on between the Governor and them. (4.) All reserves (other than those for Imperial naval or military purposes) shall be held and administered by such persons in such manner and subject to such conditions as are from time to time prescribed by the Governor, or any person or authority empowered by the Governor in that behalf. Regulation of 22. With respect to any Crown lands proclaimed under the last she^i V &c! fisheries, preceding section as a reserve for public pearl-shell fishing or public 1904,' No.'22, sec. 4 turtle-fishing the following provisions shall apply : (a.) The persons administering the reserve may from time to time make regulations

7 Cook Islands Government. [No (i.) Regulating the use of diving-machines, - and prescribing the conditions under which licenses may be granted for the use of such machines : (ii.) Fixing a close season during which it shall not be lawful to fish for pearl-shell or for turtle over the reserve : (iii.) Prohibiting fishing for pearl-shell or for turtle by any person other than the holder of a license granted by or under the authority of the persons administering the reserve : (iv.) Prescribing the form of such licenses, and the conditions under which they are issued : (v.) Fixing the several license fees payable on any such license by aboriginal Natives and by other persons : Provided that no license fee shall be payable by any aboriginal Native of the island wherein the reserve is situate : (vi.) Providing for the cancellation of any such license for the breach of any such regulation. (6.) Such regulations may impose a fine not exceeding five pounds in respect of any breach thereof. (c.) Such regulations shall not come into operation until approved by the Governor, and when so approved shall be published in the Cook Islands Gazette. 23. Notwithstanding anything in this Act, it shall be lawful to Authority for the issue and pay moneys for the services of the Islands Administrations issue of moneys for between the first day of April in any year and the date of the passing, JL 8 * n i». i i. AiP i i i lyu7, jno. 77, S6C. ^o oi the Appropriation Act tor that year : Provided that no payments shall be made for any services other than those for which provision was made in the Appropriation Act for the preceding year. Special Provisions relating to the Island of Nine. 24. Notwithstanding anything in this Act, the following provisions High Court to have shall have effect within the Island of Niue : ^jurisdiction in (a.) The High Court referred to in section seven hereof shall have 1903, No. 89, sec. 5 no jurisdiction over the Island of Niue. (b.) The Governor in Council, with the concurrence of any two or more of the Judges of the Supreme Court, may from time to time make rules providing in what cases appeals shall lie to the Supreme Court from the decision of any Court lawfully held in Niue, and the mode of procedure thereon. (c.) The Governor may from time to time appoint some fit person Resident to administer the Government in the Island of Niue, who Commissioner for shall be called " the Resident Commissioner," and shall have Ibidj sec 4 such powers and duties as may from time to time be determined by the Governor. (d.) The Resident Commissioner appointed under section eight hereof shall have no power or jurisdiction over the Island of Niue. (e.) The Island of Niue shall not be represented in the Federal Coun- Niue not to be cil, nor shall such Council have any authority or jurisdiction Federarcouncii. over that island. ibid, sec. 6

8 488 Constitution of Niue Island Council to continue. 1904, No. 22, sec. 6 Public revenue of Niue. 1903, No. 89, sec. 7 Ibid, seo ] Consolidated Statutes. (/.) The provisions of section eleven hereof, relating to the constitution of Island Councils, shall not apply to the Island Council of Niue, which shall continue as constituted on the coming into operation of this Act. (g.) The public revenue of Niue shall be available only for defraying the cost of the administration and other expenditure in, for, and on behalf of that island. (h.) Subject to the provisions of this section this Act applies to the Island of Niue. SCHEDULES. FIRST SCHEDULE. ENACTMENTS CONSOLIDATED. 1901, No. 44. "The Cook and other Islands Government Act, 1901." 1902, No. 34. " The Cook and other Islands Government Act Amendment Act, 1902." 1903, No. 89. " The Cook and other Islands Government Act Amendment Act, 1903." 1904, No. 22. " The Cook and other Islands Government Act Amendment Act, 1904." 1907, No. 77. " The Appropriation Act, 1907 " : Section 23. SECOND SCHEDULE. BOUNDARY-LINES. A LINE commencing at a point at the intersection of the twenty-third degree of south latitude and the one-hundred-and-fifty-sixth degree of longitude west of Greenwich, and proceeding due north to the point of intersection of the eighth degree of south latitude and the one-hundred-and-fifty-sixth degree of longitude west of Greenwich; thence due west to the point of intersection of the eighth degree of south latitude and the one-hundred-and-sixty-seventh degree of longitude west of Greenwich ; thence due south to the point of intersection of the seventeenth degree of south latitude and the onehundred-and-sixty-seventh degree of longitude west of Greenwich ; thence due west to the point of intersection of the seventeenth degree of south latitude and the onehundred-and-seventieth degree of longitude west of Greenwich ; thence due south to the point of intersection of the twenty-third degree of south latitude and the one-hundredand-seventieth degree of longitude west of Greenwich ; and thence due east to the startingpoint at the intersection of the twenty-third degree of south latitude and the one-hundredand-fifty-sixth degree of longitude west of Greenwich.