Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834054613.pdf (New Zealand)
Cook Islands Act 1915 Public Act Date of assent 1915 No 40 11 October 1915 Contents Title Preamble Short Title and commencement Interpretation Application Adjacent islands Part 1 Executive government of the Cook Islands Part 2 Island Councils Part 3 The High Court of the Cook Islands Constitution of the High Court Powers of Judges [Repealed] Registrars of the High Court [Repealed] Deputy Registrars [Repealed] Administrative ofﬁcers [Repealed] Seal of the High Court [Repealed] Records of the High Court [Repealed] Jurisdiction of the High Court Jurisdiction of the High Court [Repealed] Injunction, certiorari, mandamus, and prohibition [Repealed] Habeas corpus [Repealed] Custody of minors [Repealed] Rules of High Court [Repealed] Procedure so far as not governed by rules of Court [Repealed] Forms [Repealed] 1 2 3 4 107 109 110 111 112 113 114 115 116 117 118 119 120 Note This Act is administered in the Ministry of Foreign Affairs and Trade Page 15 15 16 16 21 21 30 30 31 31 31 31 31 32 32 32 32 32 32 1 Cook Islands Act 1915 Reprinted as at 3 September 2007 121 122 123 124 Summons to witnesses [Repealed] Default of witness [Repealed] Commissioners to take evidence [Repealed] Evidence by afﬁdavit sworn out of the Cook Islands [Repealed] 125 Witnesses may be ordered out of Court [Repealed] Afﬁdavits in the Cook Islands [Repealed] 126 Evidence by afﬁdavit [Repealed] 127 Right of audience in the High Court [Repealed] 128 Costs [Repealed] 129 Security for costs [Repealed] 130 131 Court fees [Repealed] 132 Minutes of
 judgments [Repealed] Amendments [Repealed] 133 134 Rehearing [Repealed] 134A Rehearing of criminal proceedings [Repealed] Execution of judgments 135 Writs of sale and possession [Repealed] Effect of writ of possession [Repealed] 136 Effect of writ of sale [Repealed] 137 Issue of writs of sale or possession [Repealed] 138 Charging orders [Repealed] 139 Stay of execution [Repealed] 140 Judgment summons 141 Enforcement of judgments of High Court in High Court of 142 New Zealand Absconding debtors Order of arrest
 of absconding debtor Security to be given Enforcement of security Arrest in actions for penalties Enforcement of security in actions for penalties Contempt of the High Court Contempt of Court deﬁned [Repealed] Punishment of contempt [Repealed] Jurisdiction of High Court [Repealed] Contempt in the face of the Court [Repealed] Discharge of persons in contempt [Repealed] Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 4 The High Court of New Zealand Jurisdiction of the High Court in the Cook Islands 153 154 Civil jurisdiction of High Court extends to Cook Islands Jurisdiction under the Declaratory Judgments Act 1908 [Repealed] 154A Place for ﬁling proceedings 155 Criminal jurisdiction of High Court in respect of Cook Islands 156 158 159 160 161 163 164 165 166 167 168 171 173 174 175 Cases stated by the High Court or Land Court High Court or Land Court may state a case for the Supreme Court [Repealed] Appeals from the High Court and Land Court Order granting leave to appeal [Repealed] Transmission of record [Repealed] Dismissal of appeal for non­prosecution [Repealed] Procedure on appeal [Repealed] Powers of the Supreme Court on appeal [Repealed] Evidence on appeal [Repealed] Stay of execution [Repealed] Release of appellant from custody [Repealed] Appeal not to be allowed for irregularities in procedure [Repealed]
 Right of audience on appeal [Repealed] Certiorari, mandamus, and prohibition taken away [Repealed] Enforcement in the Cook Islands of judgments of New Zealand courts Judgments of High Court or District Court in New Zealand may be enforced by the High Court Enforcement of judgments of High Court by High Court by way of proceedings for contempt Miscellaneous Commissioners of the High Court may be appointed in the Cook Islands Part 5 Criminal offences 262 Falsely trading as an incorporated company 40 40 40 41
 42 42 42 43 43 43 43 43 43 44 44 44 44 45 46 53 3 Cook Islands Act 1915 Reprinted as at 3 September 2007 Imprisonment in Cook Islands Transfer of convicted persons to New Zealand 272 Maximum ﬁnes and terms of imprisonment [Repealed] 274 275 275A Release of prisoners transferred to New Zealand 275B Person conditionally released from imprisonment, or portion of whose sentence is conditionally remitted, may be imprisoned Cumulative sentences 277 Part 6 Criminal procedure 278 Magistratesm [Repealed] 279 280 289 300 308 309 310 310A Court may order convicted person to come up for sentence Jurisdiction of High Court [Repealed] Felonies and misdemeanours [Repealed] Trial of accused in his absence [Repealed] Discharge of assessors and new trial [Repealed] Drawing up of conviction [Repealed] Defects of information, summons, or warrant [Repealed] Payment of witnesses [Repealed] if called upon [Repealed] Conviction without sentence [Repealed] Bail [Repealed] Stay of proceedings by Minister [Repealed] Search warrants [Repealed] 311 312 313 314 314A Transmission of certain warrants and orders by telegram [Repealed] 314B Pardon and remission of sentence [Repealed] Part 7 Law of evidence Power to administer oaths Form of oath 326 327 328 Making of oath 329 330 331 332 Absence of religious belief Afﬁrmation may be made in lieu of oath Evidence of children without oath Necessity of oath 54 54 54 56 60 61 61 61 61 62 63 64 64 64 64 64 65 65 65 65 65 66 67 67 67 67 68 68 4 Reprinted
 as at 3 September 2007 Cook Islands Act 1915 Part 8 Extradition 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 Extradition from the Cook Islands to New Zealand Arrest in Cook Islands of fugitive offenders from New Zealand Order of return to New Zealand Refusal of order in case of hardship Imprisonment or release pending return Release on security in lieu of return Return to New Zealand in custody Cancellation of order of return Extradition from New Zealand to the Cook Islands Arrest in New
 Zealand of fugitive offenders from the Cook Islands Order of return to the Cook Islands Judicial notice of signature to warrant Refusal of order in case of hardship Imprisonment or release pending return Release on security in lieu of return Return to the Cook Islands in custody Cancellation of order of return Removal from one island to another 348 Prisoners may be removed from one island to another Application of Extradition Act to Cook Islands 349A Extradition Act in force in Cook Islands Part 9 Crown suits 350 Crown proceedings in the Cook Islands Part 10 Crown land 354 355 356 357 358 359 360 361 All land in the Cook Islands vested in Her Majesty Grants of Crown land Reserves of Crown land for public purposes Taking of land for public purposes Revocation of warrant taking land Compensation for land taken Resumption of Crown land for public purposes Reservation of land so taken or resumed 68 68 69 69 69 69 70 70 70 70 71 71 71 72 72 72 73 75 77 77 78 78 78 79 80 80 5 Cook Islands Act 1915 Reprinted as at 3 September 2007 362 363 364 365 366 Purchase of land for public purposes Control of Crown land by High Commissioner Public purposes deﬁned Saving of reserves under the Cook Islands Government Act 1908 Validation of Crown purchases Part 11 The Land Court Constitution of the Land Court Registrars of the Land Court [Repealed] Deputy Registrars [Repealed] Ofﬁces of Land Court [Repealed] Records [Repealed] Seal of the Land Court [Repealed] Deputy of Chief Judge
 [Repealed] Administrative ofﬁcers [Repealed] Rules of Court [Repealed] Applications to Court [Repealed] Exercise of supplementray jurisdiction [Repealed] Powers of Judges [Repealed] Sittings of Court [Repealed] Summoning of witnesses [Repealed] Costs [Repealed] Security for costs [Repealed] Costs may be charged on land Right of audience [Repealed] Amendments of defects [Repealed] Amendments of records [Repealed] Rehearing [Repealed] 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390
 390A Amendment of orders after title ascertained 391 392 Annulment of orders obtained by fraud Enforcement of orders of Land Court by High Court [Repealed] Enforcement of charges Orders Partition orders Orders in respect of deceased persons Orders bind all persons interested Validity of orders Reprinted as at 3 September 2007 Cook Islands Act 1915 Contempt of the Land Court 400 401 402 403 404 405 406 407 408 Contempt of Court deﬁned [Repealed] Penalty for contempt [Repealed] Jurisdiction in contempt [Repealed] Contempt in face of the Court [Repealed] Arrest on warrant [Repealed] Conviction by Land Court [Repealed] Enforcement of ﬁne [Repealed] Discharge of persons in contempt [Repealed] Jurisdiction in contempt may be exercised at any time or place [Repealed] Additional jurisdiction 409 Miscellaneous jurisdiction of Land Court 409A Access to Native land 410 High Commissioner may confer jurisdiction on Land Court Surveys Land Court may order surveys Entry for purpose of survey Pending and former proceedings Pending proceedings may be continued Operation of orders heretofore made Drawing up of orders heretofore made Validation of former orders Part 12 Customary land Declaring land to be free from customary title Validity of dispositions of land by the Crown Native customary title limited by high­water mark For certain purposes customary land to
 be deemed Crown land Investigation of title to customary land Native customs to be recognised Freehold orders Effect of freehold orders Tenancy in common Ariki land Freehold orders in favour of persons deceased Cook Islands Act 1915 Reprinted as at 3 September 2007 428 Land the title to which has been heretofore investigated declared to be
 freehold land 102 Part 13 Partition and exchange of Native land Partition orders Jurisdiction to partition Native land Partition orders Apportionment of encumbrances on partition 429 430 431 432 Mode of partition 433 434 Land to be partitioned into suitable areas Combination of several areas of land for purpose of partition Payments by way of equality of partition Trustees on partition Encumbrances or undivided interests on partition Orders of exchange Jurisdiction to effect exchange of Native land Exchange of freehold interests only Conditions of exchange Exchange for Crown land Effect of order of exchange Payment for equality of exchange Land obtained in exchange becomes Native land Part 14 Native succession 435 436 437 438 439 440 441 442 443 444 445 Wills of Natives 446 447 448 449 450 451 452 453 454 Succession to deceased Natives Native land not to vest in administrators Succession orders Effect of succession order Revocation of succession orders No action without succession order No alienation without succession order Native land not assets for payment of debts Estate of Native other than land to be assets for payment of debts Interest in Native land to include all things growing on or attached to land 455 8 103 103 103 103 104 104 104 105 105 105 105 105 106 106 106 107 107 108 108 108 109 109 109 109 110 110 110 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 15 Adoption of children by Natives Adoption by Native custom invalid Validity of
 adoption heretofore registered Orders of adoption Applications for adoption 456 457 458 459 460 Who may be adopted 461 462 463 464 465 465A Effect of orders of adoption on interests in Native land Conditions of adoption Consent of natural parents required Adoptions by more than one person Annulment of orders of adoption Effect of adoption Part 16 Alienation of Native land Restrictions on alienation 466 467 468 469 470 471 472 473 474 Removal of restrictions on alienation Alienation of customary land prohibited
 Alienation in fee simple prohibited Alienation for a longer period than 60 years prohibited Alienation by way of security prohibited Alienation of things growing on or attached to land deemed an alienation of land Disposition of life interest to be deemed an alienation of land Assignment of rents or proﬁts prohibited Alienation by trustees of Native land Execution of instruments of alienation Alienations must be in writing Execution of instruments out of the Cook Islands 475 476 476A Execution of renewals of leases Conﬁrmation 477 478 479 480 481 482 483 Conﬁrmation necessary Application for conﬁrmation Orders of conﬁrmation Effect of conﬁrmation Conﬁrmation of inconsistent instruments Conditions of conﬁrmation Alienation in pursuance of conﬁrmed contracts Cook Islands Act 1915 Reprinted as at 3 September 2007 484 485 486 Alteration of instruments on conﬁrmation Validity and operation of conﬁrmed instruments Alienations to the Crown Native reservations Establishment of Native reservations Revocation or variation of reservation Reservations inalienable 487 488 489 490 Management and control of Native reservations Miscellaneous 491 492 Native land not to be taken in execution Payment into Land Court of rents and other proceeds of alienation Part 17 Trustees for Natives Deﬁnition of person under disability Trustee orders 493 494 495 Matters to be set
 forth in trustee orders Appointment of new trustees 496 Orders restricting powers of trustees 497 Cancellation of trustee orders 498 Determination of trustee orders 499 Trust property not to vest in trustee 500 Administration of property by trustee 501 Alienation of property by trustee 502 Powers of trustee 503 Expenditure of revenues of trust property 504 Enforcement of trusts 505 Co­trustees must act jointly 506 Remuneration of trustees 507 Part 18 Marriage Prohibited degrees of consanguinity 508 509
 Marriages to take place before marriage ofﬁcer 510 Marriage ofﬁcer deﬁned 511 512 513 514 Mode of solemnisation 515 Appointment of marriage ofﬁcers Offence Notice of marriage Record of marriage Reprinted as at 3 September 2007 Cook Islands Act 1915 Signature of record Transmission of records 516 517 518 Minimum age of marriage 519 Marriage of minors 520 521 522 Misrepresentation as to facts to procure marriage Legitimation per subsequens matrimonium 523 Offence by marriage ofﬁcer Signature of false record by party or witness Part 19 Divorce Jurisdiction of High Court Limitation of jurisdiction Nullity of marriage Grounds of refusal of divorce Domicile of deserted wife Co­respondent as a party Intervention Agreement no bar to divorce No appeal to High Court Remarriage of divorced persons Costs Order for maintenance of divorced wife Order as to custody of children 524 525 526 528 529 531 532 533 534 535 536 537 538 539 Molestation of divorced wife by her husband 540 Jurisdiction of High Court Part 20 Maintenance and afﬁliation 541 Interpretation Maintenance and afﬁliation orders Jurisdiction of High Court Applications Jurisdiction discretionary Afﬁliation orders Evidence 542 543 544 545 546 547 Maintenance order in favour of illegitimate child 548 Maintenance order against father in favour of child 549 Maintenance order against mother in
 favour of child 550 Maintenance order against husband in favour of wife 551 Maintenance order against wife in favour of husband Cook Islands Act 1915 Reprinted as at 3 September 2007 552 Maintenance order against any person in favour of father or mother Disobedience to maintenance order 553 554 Maintenance money a debt 555 556 557 558 559 560 561 562 563 564 565 Order in
 favour of non­residents Order against non­residents Orders in absentia Repeated applications Payments not to be made in advance Cancellation, variation, and suspension of orders Payment of maintenance money Security for obedience to maintenance orders Operation of agreements Purport and duration of maintenance orders Order for past maintenance 566 567 568 569 570 571 572 573 Offences Leaving Cook Islands while maintenance money in arrear an offence Leaving Cook Islands after afﬁliation order and before birth of child an offence Leaving Cook Islands with intent to disobey maintenance order an offence Leaving Cook Islands while failing to maintain wife an offence Leaving Cook Islands while failing to maintain child an offence Leaving Cook Islands with intent to desert wife or child an offence Attempting to leave the Cook Islands Evidence of intent Part 20A Adoption of children by Europeans and Native spouses of Europeans 573A High Court may make adoption orders 573B Persons who may apply for adoption order 573C Who may be adopted 573D Restrictions on making adoption orders 573E Consents to adoptions 573F Effect of order of adoption 573G Annulment of order of adoption Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 21 Persons of unsound mind Orders of medical custody Application by Medical Ofﬁcer to High Court 574 575 Medical certiﬁcates
 as to persons of unsound mind 576 577 578 579 580 Order of medical custody Renewal of order Cancellation of order Discharge from custody Arrest and detention of persons committed to medical custody Treatment of persons detained Removal from the Cook Islands to New Zealand Conditions of removal 581 582 583 584 Method of removal 585 Persons so removed to New Zealand to be brought before a District Court Judge District Court Judge may make a reception order Administration of estates of persons of unsound
 mind 586 587 588 Warrant for arrest of persons of unsound mind 589 Arrest of persons of unsound mind without warrant Criminal lunatics 590 591 592 593 Insane persons not to be tried for offences Detention of accused persons acquitted on ground of insanity Discharge Orders of medical custody of criminal lunatics Part 22 Intoxicating liquor Part 23 Roads Road deﬁned Existing roads Proclamation of existing roads Proclamation of new roads Roads not to vest in the Crown 604 605 606 607 608 609 Maintenance and control of roads Effect of freehold order on roads 610 Roads laid out on partition or investigation of title 611 Dedication of roads by Natives Cook Islands Act 1915 Reprinted as at 3 September 2007 Closing of roads 613 614 Warrants as to roads to be gazetted Part 24 The laws of the Cook Islands: general provisions Application of the laws of New Zealand 615 616 617 618 Law of England as in the year 1840 to be in force in the Cook Islands Jurisdiction of the High Court Common law and equity to be administered concurrently [Repealed] Statute law of New Zealand not applicable to Cook Islands 619 When enactment in force in Cook Islands, amendments 620 621 622 624 625 626 627 628 and regulations to be in force also Other enactments in force in Cook Islands to be read subject to this Act Criminal procedure in Cook Islands [Repealed] Acts
 Interpretation Act in force in Cook Islands Arbitration Act in force in Cook Islands Bills of Exchange Act in force in Cook Islands Chattels Transfer Act in force in Cook Islands Copyright Act in force in Cook Islands Deaths by Accidents Compensation Act in force in Cook Islands Demise of the Crown Act in force in Cook Islands Parts of Infants Act in force in Cook Islands 629 630 631 Marine Insurance Act in force in Cook Islands 632 Mercantile Law Act in force in Cook Islands 634 635 Partnership Act in force in Cook
 Islands Patents Act, Designs Act, Trade Marks Act, and Merchandise Marks Act in force in Cook Islands Post Ofﬁce Act in force in Cook Islands Property Law Act in force in Cook Islands Sale of Goods Act in force in Cook Islands Trustee Act in force in Cook Islands 636 637 638 639 640 Wills Act Amendment Act 1852 in force in Cook Islands 640A Merchant Shipping Act (UK) not to apply to Cook Islands 641 Limitation of actions Miscellaneous rules of law Contracts by Natives Securities given by Natives Reprinted as at 3 September 2007 Cook Islands Act 1915 Preamble Employer’s liability Liability of owners of dogs Distress for rent abolished Calendar of the Cook Islands Time of day in Cook Islands Statutory references to time Statutory declarations 647 648 649 650 651 652 653 653A Execution of documents in Cook Islands for use in New Zealand Taxes on Native land 654 655 Bankruptcy 656 Warrants of arrest Trespass ab initio 657 167 167 168 168 168 168 168 169 170 170 170 171 Oath of Allegiance and Judicial Oath 657A Certain ofﬁcers to take Oath of Allegiance and Judicial 171 Oath Repeals and validation 658 659 660 Repeal of all existing laws of the Cook Islands Enactments speciﬁcally repealed Validation of Ordinances Schedule 1 Boundary lines enclosing the Cook Islands Schedule 2 Form of declaration Schedule 3 Enactments repealed 173 174 174
 175 176 176 An Act to make better provision with respect to the government and laws of the Cook Islands Preamble WHEREAS by Order in Council dated the 13th day of May 1901, 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 15 s 1 Cook Islands Act 1915 Reprinted as at 3 September 2007
 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 Schedule 1 hereto should form part of New Zealand: And whereas by Proclamation dated the 10th day of June 1901 the Governor appointed the 11th day of June 1901 to be the date on and after which the said Order in Council should come into effect: And whereas it is expedient to make better provision with respect to the government and laws of 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:— Short Title and commencement This Act may be cited as the Cook Islands Act 1915.

This Act shall come into operation on a day to be notiﬁed by the Governor by Proclamation in the New Zealand Gazette.
Interpretation In this Act, except where a contrary intention appears,— Aerodrome and aircraft have the same meanings as in the Civil Aviation Act 1964 Aerodrome and aircraft: this deﬁnition was inserted by section 89(2) Cook Islands Amendment Act 1957; and the “Civil Aviation Act 1964” was substituted for the repealed “Civil Aviation Act 1948”.

See now the deﬁnitions of aerodrome and aircraft in section 2 of the Civil Aviation Act 1990.
Alienation means with respect to Native land the making or grant of any transfer, sale, gift, lease, licence, easement, proﬁt, mortgage, charge, encumbrance, trust, or other disposition, whether absolute or limited, and whether legal or equitable, of or affecting customary land, or the legal or equitable fee simple of freehold land or of any share therein; and includes a contract to make any such alienation Asiatic means a person belonging to any of the Asiatic races (other than the Jewish race), and includes a half­caste and a person intermediate in blood between a half­caste and a person of pure descent from those races Attorney­General includes the Solicitor­General 1 (1) (2) 2 (1) 16 Reprinted as at 3 September 2007 Cook Islands Act 1915 s 2 the State Services Commission Bylaw means a bylaw made by an Island Council under the authority of section 51 of the Cook Islands Amendment Act 1957; and includes an Island Ordinance enuring under the provisions of subsection (5) of that section Collector of Customs or Collector means any ofﬁcer appointed as Collector of Customs at any port or in respect of any district and includes the Comptroller of Customs; and also includes the chief ofﬁcer of Customs at any port or other place, and any proper ofﬁcer acting for the time being in place of the Collector either generally or in respect of any of his powers or functions, whether during any vacancy in the ofﬁce of Collector or otherwise Collector of Customs: this deﬁnition was substituted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).
Commission means constituted under the State Services Act 1962 Commission: this deﬁnition was inserted by section 95(1) of the Cook Islands Amendment Act 1957; the reference to the “State Services Commission” was substituted for a reference to the “Public Service Commission” by section 3(10) of the State Services Act 1962; and the “State Services Act 1962” was substituted for the repealed “Public Service Act 1912”.

The “State Services Act 1962” was in turn repealed by the “State Sector Act 1988”.
Constable means an ofﬁcer of police of the Cook Islands Public Service The Constitution means the Constitution of the Cook Islands as set out in the Schedule to the Cook Islands Constitution Act 1964 this deﬁnition was inserted by section 3(1) of the Cook The Constitution: Islands Amendment Act 1965; and in the deﬁnition the words “in relation to the Cook Islands other than Niue” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.
The Cook Islands means all the islands and territories situate within the boundary lines set out in Schedule 1 hereto but does not include the Island of Niue The Cook Islands: the words “but does not include the Island of Niue” in this deﬁnition were added by section 2(1) of the Cook Islands Amendment Act 1966.
Cook Islands Public Service has the meaning assigned thereto by section 76 of the Cook Islands Amendment Act 1957 Cook Islands Public Service: deﬁnition by section 95(1) Cook Islands Amendment Act 1957. this deﬁnition was substituted for the original 17 s 2 Cook Islands Act 1915 Reprinted as at 3 September 2007 this deﬁnition was repealed by section 95(1) Cook Cook Islands Treasury[Repealed] Cook Islands Treasury: Islands Amendment Act 1957.
[Repealed] Crown land means any land which has not been alienated from the Crown for a subsisting estate in fee simple, other than Native land Customary land means land which, being vested in the Crown, is held by Natives or the descendants of Natives under the Native customs and usages of the Cook Islands Enactment includes any Act of the Legislative Assembly of the Cook Islands or of the Parliament of New Zealand, any Ordinance, any regulations, and any rules Enactment: Amendment Act 1965.
European means any person whatever other than a Native, and includes a body corporate European land means any land which has been alienated from the Crown for a subsisting estate in fee simple other than Native land High Commissioner means the High Commissioner of the Cook Islands; and includes his Deputy lawfully acting in place of the High Commissioner High Commissioner: this deﬁnition was inserted by section 3(1) Cook Islands Amendment Act 1965. this deﬁnition was substituted by section 3(1) Cook Islands includes High Commissioner: this deﬁnition was amended by section 2(1) Cook Islands Amendment Act 1966 by omitting the words “in relation to the Cook Islands other than Niue”.
High Court means the High Court of the Cook Islands Judgment or order, determination, whether in an action or in any other judicial proceeding, whether civil or criminal Land Appellate Court[Repealed] Land Appellate Court: this deﬁnition was inserted by section 41 Cook Islands Amendment Act 1946; and the reference to the “Land Appellate Court” was substituted for a reference to the “Native Appellate Court” by section 57(4) Cook Islands Amendment Act 1964. judicial decree, any The deﬁnitions of Land Appellate Court and Land Court were formally repealed by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
[Repealed] 18 Reprinted as at 3 September 2007 Cook Islands Act 1915 s 2 Land Court[Repealed] Land Court: In this deﬁnition the reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) Cook Islands Amendment Act 1964.

The deﬁnitions of Land Appellate Court and Land Court were formally repealed by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
[Repealed] Legislative Assembly means the Legislative Assembly of the Cook Islands Legislative Assembly: this deﬁnition was inserted by section 3(1) Cook Islands Amendment Act 1965.

Medical Ofﬁcer means the Chief Medical Ofﬁcer of the Cook Islands; and includes any Medical Ofﬁcer who is an employee of the Cook Islands Public Service Medical Ofﬁcer: this deﬁnition was substituted by section 95(1) Cook Islands Amendment Act 1957.
Medical Ofﬁcer: this deﬁnition was substituted by section 2(1) Cook Islands Amendment Act 1966.

Minister means the Minister of Foreign Affairs Minister: Affairs Department Act 1968. this deﬁnition was substituted by section 8(1) Maori and Island this deﬁnition was substituted by section 2(1) Cook Islands Minister: Amendment Act 1974.
Native means a person belonging to any of the Polynesian races (including the Maori race), and includes a half­caste and a person intermediate in blood between a half­caste and a person of pure descent from any such race Native custom means the ancient custom and usage of the Natives of the Cook Islands Native land means customary land or Native freehold land, as herein deﬁned Native freehold land means land which, or any undivided share in which, is owned by a Native or a descendant of a Native for a beneﬁcial estate in fee simple, whether legal or equitable [Repealed] Native freehold land: In this deﬁnition the words “or a descendant of a Native” were inserted, and the proviso was repealed, by section 11(1)(a) and (b) Cook Islands Amendment Act 1950.
19 s 2 Cook Islands Act 1915 Reprinted as at 3 September 2007 this deﬁnition term was repealed by section New Zealand means the Dominion of New Zealand exclusive of the Cook Islands New Zealand Public Service[Repealed] New Zealand Public Service: 95(1) Cook Islands Amendment Act 1957.
[Repealed] Offence includes all offences punishable by way of criminal proceedings under this or any other enactment Order means, judgment, decision, or determination of that Court Order: The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) Cook Islands Amendment Act 1964.
Ordinance means an Ordinance of the Legislative Assembly Ordinance: this deﬁnition was substituted by section 95(1) Cook Islands Amendment Act 1957. in respect of the Land Court, any order, this deﬁnition was substituted by section 2(1) Cook Islands Ordinance: Amendment Act 1966.
Prescribed means prescribed by regulations Public place means any road, any place of public resort open to or used by the public as of right, any wharf or jetty, any vessel at a wharf or jetty or within one mile of the shore, any church or other building where Divine service is being publicly held, any hall or room in which any public entertainment is being held, and any market place Public place: In this deﬁnition the words “any vessel at a wharf or jetty or within one mile of the shore,” were inserted by section 2 Cook Islands Amendment Act 1921.
Registrar includes a Deputy Registrar Regulations regulations means Governor­General in Council Resident Agent means the Resident Agent appointed under this Act for any island Resident Commissioner[Repealed] Resident Commissioner: this deﬁnition was amended by section 95(1) Cook Islands Amendment Act 1957, and substituted by section 3(1) Cook Islands Amendment Act 1965. made the by Resident Commissioner: Islands Amendment Act 1966.
[Repealed] this deﬁnition was repealed by section 2(1) Cook 20 Reprinted as at 3 September 2007 Cook Islands Act 1915 s 4 Rules of Court means rules or regulations governing the practice or procedure of the Court in question and made by the proper authority in that behalf Secretary means the Secretary of Foreign Affairs Secretary: Affairs Department Act 1968. this deﬁnition was substituted by section 8(1) Maori and Island the funds means Government the Acts by which the this deﬁnition was substituted by section 2(2) Cook Islands Secretary: Amendment Act 1974.
Superannuation Acts means superannuation funds are established and regulated Superannuation Superannuation Fund In this deﬁnition the reference to “the Government Superannuation funds: Superannuation Fund” was substituted for a reference to “the Public Service Superannuation Fund”, “the Government Railways Superannuation Fund”, and “the Teachers’ Superannuation Fund” by section 90(1) Superannuation Act 1947.

Will includes any testamentary instrument.


In this Act, unless the context otherwise requires,— • References to a Minister are references to a Minister of the Government of the Cook Islands: References to a Department are references to a Department of the Government of the Cook Islands.

• Subsection (2) was added by section 3(1) Cook Islands Amendment Act 1965.

Subsection (2) was substituted by section 2(1) Cook Islands Amendment Act 1966.
Application Except so far as a contrary intention appears this Act shall apply to the Cook Islands only, and not to New Zealand.

Adjacent islands Each island forming part of the Cook Islands shall for all purposes be deemed to include all smaller islands lying within 10 miles of the coasts thereof.
21 (2) 3 4 Part 1 s 5 Cook Islands Act 1915 Reprinted as at 3 September 2007 Part 1 Executive government of the Cook Islands Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.


Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.
26 27 28 29 30 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 1 s 30 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.


Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.
23 Part 1 s 31 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.


Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.
31 32 33 34 35 36 37 38 39 40 41 42 43 24 44 45 46 47 48 49 50 51 52 53 54 55 56 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 1 s 56 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.


Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.
25 Part 1 s 57 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

Part 2 Island Councils Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.


Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.
57 58 59 60 61 62 63 64 65 66 67 68 26 69 70 71 72 73 74 75 76 77 78 79 80 81 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 2 s 81 Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.


Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.
27 Part 2 s 82 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.


Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.
82 83 84 84A 84B 85 85A 86 87 88 89 90 91 28 92 93 94 95 96 97 98 99 100 101 102 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 3 s 102 Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.


Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend­ ment Act 1957.


Part 3 The High Court of the Cook Islands Constitution of the High Court Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.

Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.
29 103 104 105 106 108 108A Part 3 s 103 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.

Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.

Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.

Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.
107 Powers of Judges [Repealed] Section 107 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Section 108 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

This section was inserted by section 86 of the Cook Islands Amendment Act 1957 and it was repealed by section 58 of the Cook Islands Amendment Act 1964.
109 Registrars of the High Court [Repealed] Subsection (1) the words in the ﬁrst set of square brackets were substituted for the words “not less than two” by section 2(1) of the Cook Islands Amendment Act 1966; and the words in the second set of square brackets were substituted for the words “by the Governor­General, and to hold ofﬁce during his pleasure” by section 95(1) of the Cook Islands Amendment Act 1957.
Subsection (2) was repealed, as from 1 January 1967, by section 2(1) Cook Islands Amendment Act 1966 (1966 No 39).

In subsection (3) the words in square brackets were substituted for the words “another Registrar”, as from 1 January 1967, by section 2(1) of the Cook Is­ lands Amendment Act 1966 (1966 No 39).

Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
30 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 3 s 114 110 Deputy Registrars [Repealed] The words in square brackets were substituted for the words “The Governor­ General may also appoint such Deputy Registrars of the High Court as he thinks necessary, who shall hold ofﬁce during his pleasure, and”, as from 25 October 1957, by section 95(1) of the Cook Islands Amendment Act 1957 (1957 No 103).
Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

111 Administrative ofﬁcers [Repealed] The words in the ﬁrst set of square brackets were inserted, and the words “may be” were substituted for the words “the Governor­General deems”, as from 25 October 1957, by section 95(1) of the Cook Islands Amendment Act 1957 (1957 No 103).

Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
112 Seal of the High Court [Repealed] The words in square brackets were substituted for the words “the Minister”, as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

113 Records of the High Court [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
Jurisdiction of the High Court The heading “Jurisdiction of the High Court” was repealed, as from 23 Novem­ ber 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

114 Jurisdiction of the High Court [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
31 Part 3 s 115 Cook Islands Act 1915 Reprinted as at 3 September 2007 115 Injunction, certiorari, mandamus, and prohibition [Repealed] In subsection (2) the references to the “Land Court” and the “Land Appel­ late Court” were substituted for references to the “Native Land Court” and the “Native Appellate Court”.

as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

116 Habeas corpus [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

117 Custody of minors [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
118 Rules of High Court [Repealed] Section 118 was substituted for the original section 118, as from 7 June 1965, by section 3(1) Cook Islands Amendment Act 1965 (1965 No 1).

Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

119 Procedure so far as not governed by rules of Court [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
120 Forms [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

121 Summons to witnesses [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

32 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 3 s 127 122 Default of witness [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
123 Commissioners to take evidence [Repealed] Subsection (2) was added, as from 25 October 1963, by section 3 Cook Islands Amendment Act 1963 (1963 No 132).

Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

124 Evidence by afﬁdavit sworn out of the Cook Islands [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
125 Witnesses may be ordered out of Court [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

126 Afﬁdavits in the Cook Islands [Repealed] In sub (1)(b) the reference to the “Land Court” was substituted for a reference to the “Naive Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
In sub (1), paras (e) and (ee) were substituted, as from 7 June 1965, for the original paragraph (e), by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

Subsection (1)(ee) was repealed, as from 1 January 1967, by section 2(1) Cook Islands Amendment Act 1966 (1966 No 39).

Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
127 Evidence by afﬁdavit [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

33 Part 3 s 128 Cook Islands Act 1915 Reprinted as at 3 September 2007 128 Right of audience in the High Court [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
129 Costs [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

130 Security for costs [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

131 Court fees [Repealed] Section 131 was substituted, for the original section 131, as from 7 June 1965, by section 3(1) Cook Islands Amendment Act 1965 (1965 No 1).
Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

132 Minutes of judgments [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

133 Amendments [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
134 Rehearing [Repealed] Sections 109­134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

34 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 3 s 140 134A Rehearing of criminal proceedings [Repealed] Section 134A was inserted, as from 5 December 1962, by section 2 Cook islands Amendment Act 1962 (1962 No 40).

Section 134A was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
Execution of judgments 135 Writs of sale and possession [Repealed] Sections 135­140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

136 Effect of writ of possession [Repealed] Sections 135­140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

137 Effect of writ of sale [Repealed] Sections 135­140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
138 Issue of writs of sale or possession [Repealed] Sections 135­140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

139 Charging orders [Repealed] The words “or a descendant of a Native” were inserted, as from 1 December 1950, by section 11(3) of the Cook Islands Amendment Act 1950 (1950 No 92).

Sections 135­140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
140 Stay of execution [Repealed] Sections 135­140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
35 Part 3 s 141 Cook Islands Act 1915 Reprinted as at 3 September 2007 Judgment summons 141 (1) When judgment for the payment of any debt, damages, or other sum of money has been given by the High Court in its civil jurisdiction, the judgment creditor may at any time thereafter, in pursuance of the judgment, ﬁle in Court an application for an order under this section.
(2) A Judge or Registrar of the Court may thereupon issue a sum­ mons (hereinafter called a judgment summons) to the judg­ ment debtor to show cause why an order should not be made against him for the payment of the amount of the judgment.

(3) On the hearing of the application the Court may, if it thinks ﬁt, make an order that the judgment debtor do pay to the judgment creditor the amount of the judgment debt forthwith, or at such time or by such instalments from time to time, as the Court thinks ﬁt.
Except where the judgment debtor fails to appear in Court in pursuance of the judgment summons, no such order shall be made unless the Court is satisﬁed either— (a) (4) That the judgment debtor is of sufﬁcient ability to pay the judgment debt in accordance with the terms of the order; or That the liability in respect of which judgment was given against him was incurred by fraud; or That before or after the date of the judgment the judg­ ment debtor has made away with any property for the purpose of evading payment of such liability.
(b) (c) (5) If any judgment debtor disobeys any order made against him under this section he shall be guilty of contempt of the High Court.

(6) Nothing in this section shall exclude any other lawful method of executing any such judgment.
142 Enforcement of judgments of High Court in High Court of New Zealand (1) Any person in whose favour any judgment whereby any sum of money is made payable has been obtained in civil proceed­ ings in the High Court of the Cook Islands may cause a me­ 36 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 3 s 143 (2) (3) (4) (5) (6) (7) morial thereof, authenticated by the seal of the High Court, to be ﬁled in any ofﬁce of the High Court of New Zealand.
Judicial notice may be taken by the High Court of the seal of the High Court so afﬁxed to any such memorial.

Every such memorial shall set forth the names and additions of the parties to the proceeding in which such judgment was given, the form or nature of the proceeding, the date on which the said judgment was given, and the amount payable there­ under.
Every such memorial being so ﬁled shall thenceforth be a record of such judgment, and execution may issue thereon with the leave of the High Court, in the same manner as if the like judgment had been given by the High Court, subject, however, to such terms and conditions as the High Court may think ﬁt to impose.
Leave to issue such execution may be given by the High Court on the application of the party by whom the memorial was ﬁled, and either ex parte or on notice to the party against whom execution is to be issued, as the High Court thinks ﬁt.
Such leave shall not be granted unless the High Court is satis­ ﬁed, by afﬁdavit or otherwise,— (a) That the person against whom execution is to be issued was resident or present in the Cook Islands at the com­ mencement of the proceedings in which the judgment was given; or That the cause of action in such proceedings or some material part of that cause of action arose in the Cook Islands.
(b) Every such afﬁdavit shall, if made in the Cook Islands, be sworn before a Judge of the High Court or a Commissioner of the High Court.

The words “High Court” have been substituted for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Absconding debtors 143 Order of arrest of absconding debtor Where in any action in the High Court for the recovery of any debt, damages, or other sum of money the plaintiff proves to 37 Part 3 s 144 Cook Islands Act 1915 Reprinted as at 3 September 2007 the satisfaction of the Court at any time before ﬁnal judgment that he has a good cause of action against the defendant to the amount of $20 or upwards, and that there is probable cause for believing that the defendant is about to leave the Cook Is­ lands or any island included in the Cook Islands unless he is apprehended, and that his absence from the Cook Islands or such island as aforesaid will materially prejudice the plaintiff in the prosecution of his action, the Court may order the defen­ dant to be arrested and imprisoned for a period not exceeding 3 months unless and until he sooner gives security to the sat­ isfaction of the Court that he will not leave the Cook Islands or such island as aforesaid without the leave of the Court.
144 Security to be given The security to be so given shall, as the Court directs, be either the payment into Court of a sum not exceeding the amount claimed in the action or a bond executed by the defendant with one or 2 sureties in favour of Her Majesty in the like amount.
145 Enforcement of security If after such security has been given the defendant leaves the Cook Islands or such island as aforesaid without the leave of the Court, all money so paid into Court or recovered in pur­ suance of the bond shall become available as the Court directs for the satisfaction of any sum recovered in the action.
146 Arrest in actions for penalties Where the action is for a penalty at the suit of the Crown it shall not be necessary to prove that the absence of the defen­ dant as aforesaid will materially prejudice the Crown in the prosecution of the action, and the security to be given shall be security that any sum recovered against the defendant in the action will be paid or that the defendant will be rendered to prison.
147 Enforcement of security in actions for penalties If, after such security has been given, any sum recovered in the action remains unpaid and the defendant is not rendered to prison as aforesaid, all money so paid into Court or recovered 38 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 3 s 152 in pursuance of the bond shall become available as the Court directs for the satisfaction of the sum recovered in the action.
Contempt of the High Court 148 Contempt of Court deﬁned [Repealed] Sections 148­152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

149 Punishment of contempt [Repealed] Sections 148­152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

150 Jurisdiction of High Court [Repealed] Sections 148­152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
151 Contempt in the face of the Court [Repealed] Sections 148­152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

152 Discharge of persons in contempt [Repealed] The words in square brackets were substituted for the words “a Resident Com­ missioner”, as from 1 January 1967, by section 2(1) of the Cook Islands Amend­ ment Act 1966 (1966 No 39).
Sections 148­152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Part 4 The High Court of New Zealand The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
39 Part 4 s 153 Cook Islands Act 1915 Reprinted as at 3 September 2007 Jurisdiction of the High Court in the Cook Islands The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
153 Civil jurisdiction of High Court extends to Cook Islands (1) Notwithstanding anything in this Act, the civil jurisdiction of the High Court of New Zealand shall extend to the Cook Is­ lands, and may be exercised in New Zealand in respect of those islands in the same manner in all respects as if those islands were for all purposes part of New Zealand.
(2) Any action or other civil proceeding in the High Court which relates in any manner to the Cook Islands and which might have been instituted in the High Court of those islands may, on the application of any party thereto, be stayed by the High Court in its discretion, on such terms as the Court thinks ﬁt, if in the opinion of that Court, having regard to the interest of all parties thereto, the action or other proceeding could more conveniently be instituted in the High Court.
(3) No writ of summons or other originating civil process in the High Court shall be served in the Cook Islands without the leave of a Judge of that Court, and the order by which such leave is granted may determine the time within and the place at which a defendant is to ﬁle his statement of defence, and the sittings of the Court at which the action is to be heard, or may give such other directions with respect to the procedure on such writ or process as may be appropriate to the case.
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

154 Jurisdiction under the Declaratory Judgments Act 1908 [Repealed] Section 154 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
154A Place for ﬁling proceedings Any proceedings in the High Court of New Zealand in the jurisdiction conferred on it by section 153 or section 154 of this Act shall be ﬁled in the ofﬁce of the High Court at Auckland.

40 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 4 s 155 This section was inserted by section 2(1) of the Cook Islands Amendment Act 1967.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
155 Criminal jurisdiction of High Court in respect of Cook Islands (2) (1) Notwithstanding anything in this Act, the criminal jurisdiction of the High Court of New Zealand shall extend to offences committed in the Cook Islands, and may be exercised in New Zealand in respect of such offences accordingly in the same manner as if they were indictable offences committed in New Zealand.

Such jurisdiction shall be exercised only over offenders found in New Zealand.
In respect of any offence which is within the jurisdiction of the High Court under this section the like preliminary proceedings before Justices of the Peace or a District Court Judge may be taken in New Zealand as in the case of indictable offences committed in New Zealand.
(3) (3A) The information for any such offence shall be ﬁled either in the District Court at Auckland or the ofﬁce of the District Court appointed for the exercise of criminal jurisdiction which is nearest by the most practicable route to the place where the informant believes that the defendant may be found.

The punishment to be imposed by the High Court for any such offence shall be that which is provided for that offence by the laws of the Cook Islands.
Any person so liable to be impris­ oned may be sentenced to imprisonment with or without hard labour as the High Court thinks ﬁt.

(4) (5) No prosecution in New Zealand for an offence committed in the Cook Islands shall be commenced without the leave of the Attorney­General.

Subs (3A) was inserted by section 2(2) of the Cook Islands Amendment Act 1967.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
The words “District Court” have been substituted for the words “Magistrate’s Court” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).

41 Part 4 s 156 Cook Islands Act 1915 Reprinted as at 3 September 2007 The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
Cases stated by the High Court or Land Court 156 High Court or Land Court may state a case for the Supreme Court [Repealed] In subsections (1), (2), (4), (6), (7), and (8) the references to the “Land Appellate Court” and “Land Court” were substituted for references to the “Native Appel­ late Court” and “Native Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70); the words in the ﬁrst set of square brackets in these subsections (now amended by section 57 (4) of the Cook Islands Amendment Act 1964) were inserted by section 44 of the Cook Islands Amendment Act 1946.
Section 156 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

157 Appeals from the High Court and Land Court Section 157 was repealed by section 2(1) of the Cooks Islands Amendment Act 1966.

158 Order granting leave to appeal [Repealed] This section was substituted for the original section 158 by section 4 of the Cook Islands Amendment Act 956.
In subsection (1) the words in double square brackets were substituted for the words “No appeal under Article 61 of the Constitution or under section 157 of this Act” (as substituted by section 3(1) of the Cook Islands Amendment Act 1965), as from 1 January 1967, by section 3(1) of the Cook Islands Amendment Act 1966 (1966 No 39).

Sections 158­161 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
159 Transmission of record [Repealed] Sections 158­161 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

42 162 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 4 s 166 160 Dismissal of appeal for non­prosecution [Repealed] Sections 158­161 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
161 Procedure on appeal [Repealed] The words in square brackets were substituted for the words “regulations to be made under this Act, and in default of such regulations, or so far as they do not extend”, as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

Sections 158­161 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Section 162 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.
163 Powers of the Supreme Court on appeal [Repealed] Subsection (2) was inserted, as from 25 October 1956, by section 5 Cook Islands Amendment Act 1956 (1956 No 27).

Section 163 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

164 Evidence on appeal [Repealed] Sections 164­168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
165 Stay of execution [Repealed] The words in square brackets were added by section 6 of the Cook Islands Amendment Act 1956; and the words “or to exile from the Cook Islands” were omitted, as from 25 October 1963, by section 8(2)(a) Cook Islands Amendment Act 1963 (1963 No 132).

Sections 164­168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
166 Release of appellant from custody [Repealed] Sections 164­168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

43 169 170 172 Part 4 s 167 Cook Islands Act 1915 Reprinted as at 3 September 2007 167 Appeal not to be allowed for irregularities in procedure [Repealed] Sections 164­168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
168 Right of audience on appeal [Repealed] Sections 164­168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Section 169 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

Section 170 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.
171 Certiorari, mandamus, and prohibition taken away [Repealed] The words in square brackets were inserted, as from 7 June 1965, by section 3(1) Cook Islands Amendment Act 1965 (1965 No 1).

Section 171 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Section 172 was repealed by section 40(1) of the Cook Islands Amendment Act 1946.
Enforcement in the Cook Islands of judgments of New Zealand courts 173 Judgments of High Court or District Court in New Zealand may be enforced by the High Court (1) Any person in whose favour any judgment whereby any sum of money is made payable has been obtained in the High Court of New Zealand or in a District Court in New Zealand in civil proceedings may cause a memorial thereof, authenticated by the seal of the High Court or of the District Court, as the case may be, to be ﬁled in any ofﬁce of the High Court of the Cook Islands.
44 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 4 s 174 (2) (3) (4) (5) Judicial notice may be taken by the High Court of the seal of the High Court or District Court so afﬁxed to any such memor­ ial.

Every such memorial shall set forth the names and additions of the parties to the proceeding in which the judgment was given, the form or nature of the proceeding, the date on which the judgment was given, and the amount payable thereunder.
Every such memorial being so ﬁled shall thenceforth be a record of such judgment, and execution may issue thereon with the leave of the High Court in the same manner as if the like judgment had been given by the High Court, subject, however, to such terms and conditions as the High Court may think ﬁt to impose.
Leave to issue such execution may be given by the High Court on the application of the party by whom the memorial was ﬁled, and either ex parte or on notice to the party against whom execution is to be issued, as the High Court thinks ﬁt.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
The words “District Court” have been substituted for the words “Magistrate’s Court” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
174 Enforcement of judgments of High Court by High Court by way of proceedings for contempt (1) When by any judgment of the High Court of New Zealand any person has been ordered to do or abstain from doing any act in the Cook Islands, other than the payment of money, the High Court may then or at any time thereafter direct a memorial of such judgment under the seal of the Court to be ﬁled in the High Court of the Cook Islands.
(2) On the ﬁling of such memorial any disobedience to such judg­ ment, whether before or after the ﬁling of the memorial, shall be deemed to be a contempt of the High Court, and may be dealt with by that Court accordingly.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
45 Part 4 s 175 Cook Islands Act 1915 Reprinted as at 3 September 2007 175 Commissioners of the High Court may be appointed in Miscellaneous the Cook Islands Sections 47 to 49 of the Judicature Act 1908 (relating to Com­ missioners to administer oaths) shall in New Zealand be con­ strued and operate as if the Cook Islands were a place beyond the jurisdiction of the High Court within the meaning of sec­ tion 47 aforesaid, and Commissioners in the Cook Islands may be appointed by a Judge of the High Court accordingly.
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

The words “Judge of the Supreme Court” have been changed to “Judge of the High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Part 5 Criminal offences Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
176 177 178 179 180 181 182 46 183 184 185 186 187 188 189 190 191 192 193 194 195 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 5 s 195 Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
47 Part 5 s 196 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
196 197 198 199 200 201 202 203 204 205 206 207 208 48 209 210 211 212 213 214 215 216 217 218 219 220 221 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 5 s 221 Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Section 213 was repealed by section 5 of the Cook Islands Amendment Act 1962.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
49 Part 5 s 222 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
222 223 224 225 226 227 228 229 230 231 232 233 234 50 235 236 237 238 239 240 241 242 243 244 245 246 247 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 5 s 247 Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
51 Part 5 s 248 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Section 251 was repealed by section 5 of the Cook Islands Amendment Act 1963.
Sections 252 to 261 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 252 to 261 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 252 to 261 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 252 to 261 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 252 to 261 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
248 249 250 251 252 253 254 255 256 257 258 259 260 52 261 263 264 265 266 267 268 268A 268B Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 5 s 268B Sections 252 to 261 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
262 Falsely trading as an incorporated company Every one is liable to a ﬁne of $200 who uses in connection with his trade or business any name, sign, device, or other representation indicating or calculated to lead other persons to believe contrary to the fact that such trade or business is that of an incorporated company, and in any prosecution for an offence against this section the burden of proving that such incorporated company exists and that the trade or business so carried on is the trade or business of that company shall be upon the accused.
Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


53 269 270 271 273 Part 5 s 269 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

272 Maximum ﬁnes and terms of imprisonment [Repealed] Section 272 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Section 273 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
274 Imprisonment in Cook Islands Save so far as herein otherwise provided, every sentence of imprisonment shall be carried into effect in some prison in the Cook Islands and subject to the provisions of any enactment in that behalf.
The words in square brackets were substituted for the words “and subject to any Ordinance passed by the Legislative Assembly of the Cook Islands or by the Niue Island Assembly, as the case may be” (as substituted by section 7 of the Cook Islands Amendment Act 1963) by section 2(1) of the Cook Islands Amendment Act 1966.
275 Transfer of convicted persons to New Zealand (1) Every person condemned to death and every person sentenced to imprisonment, or committed to prison, for 6 months or more may, by warrant under the hand of the High Commissioner and the Seal of the Cook Islands, be transferred to some prison in New Zealand named or described in the warrant.
(2) On the issue of any such warrant the person named therein shall thereupon be taken in custody from the Cook Islands to New Zealand, and there forthwith delivered to the Superin­ tendent of the prison named or described in the warrant.
54 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 5 s 275 (3) The warrant shall be delivered to the said Superintendent to­ gether with a certiﬁcate under the hand of a Judge of the High Court and the seal of that Court setting forth the fact of the conviction or commitment of the person named in the war­ rant, the offence of which he was convicted or the reason of the commitment, and the sentence of the Court condemning him to death or, as the case may be, the term for which he has been so sentenced or committed.
(4) Where, after any person condemned to death has been brought to New Zealand under the foregoing provisions of this sec­ tion,— (a) The sentence of death has been commuted to a sentence of imprisonment; or The High Court has on appeal substituted for the con­ viction for the offence in respect of which that person was condemned to death a conviction for some other offence and has imposed a sentence of imprisonment in respect thereof,— (b) the sentence of imprisonment may, by further warrant under the hand of the High Commissioner and the Seal of the Cook Islands, be carried into effect in some prison in New Zealand under the provisions of subsection (5) of this section.
(5) Where any person brought to New Zealand under the provi­ sions of this section is imprisoned in New Zealand under any of the foregoing provisions of this section,— (a) The period during which he has been in custody since the sentence was imposed in the Cook Islands until his delivery to the Superintendent in New Zealand shall for all purposes be computed as part of the term of his im­ prisonment: Subject to the provisions of section 275A of this Act he shall be imprisoned in New Zealand in the same man­ ner in all respects and shall be subject in all respects to the same laws, as far as applicable, as if he had been sentenced by the High Court of New Zealand to impris­ onment for the like offence, or committed to prison by that Court on the like grounds.
[Repealed] (b) (6) 55 Part 5 s 275A Cook Islands Act 1915 Reprinted as at 3 September 2007 (7) This section was substituted for the original section 275 by section 7 of the Cook Islands Amendment Act 1956.
In subsections (1) and (4) the words in double square brackets were substituted for the words “a Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966, and the words “or the Seal of Niue, as the case may re­ quire” (as inserted by section 95(1) of the Cook Islands Amendment Act 1957) were omitted by section 2(1) of the Cook Islands Amendment Act 1966.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
In subsection (5)(b) the words in double square brackets were inserted by sec­ tion 7(2)(a) of the Cook Islands Amendment Act 1962.

In subsection (5) a proviso was omitted by section 7(2)(b) of the Cook Islands Amendment Act 1962.

Section 275(6) was repealed by section 7(2)(b) of the Cook Islands Amendment Act 1962.

Section 275(7) was repealed by section 7(2)(b) of the Cook Islands Amendment Act 1962.
275A Release of prisoners transferred to New Zealand (1) Where any person (in this section referred to as the offender) brought to New Zealand under the provisions of section 275 of this Act is imprisoned in New Zealand under the provisions of that section,— (a) The Minister of Justice— (i) May at any time, by warrant signed by him, grant to the offender, not being an offender serving a sentence of life imprisonment, remission of any part of his sentence, not exceeding one­fourth of the term thereof, on the ground of his good conduct and industry; and, with the concurrence of the Minister of Foreign Affairs, may revoke any such remission, in whole or in part, before the offender is released, if the Minister of Justice is satisﬁed that the conduct or industry of the offender since the granting of the remission has been unsatisfactory or that the grant was made in error; and (ii) May, where he considers that the conduct of the offender has been exemplary during his sentence, or that the offender has during his sentence per­ formed some outstanding act of service, grant to 56 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 5 s 275A the offender, not being an offender serving a sen­ tence of life imprisonment, in addition to any remission which may be granted to him under subparagraph (i) of this paragraph, a special re­ mission of part of his sentence, not exceeding one­twelfth of the term; and, with the concur­ rence of the Minister of Foreign Affairs, may re­ voke any such remission at any time
 before the offender is released: (aa) The Minister of Justice, with the concurrence of the Minister of Foreign Affairs, may, in the case of any of­ fender who is a Native, direct by warrant signed by him that on the release of the offender he be allowed to re­ main in New Zealand: (b) Where an offender is granted a remission of any part of his sentence under paragraph (a) of this subsection, then,— (i) (ii) If pursuant to this section he is to be released in New Zealand, the Minister of Justice, with the
 concurrence of the Minister of Foreign Affairs, may, by warrant, at any time before he is released, impose such special conditions of probation as he thinks ﬁt in addition to those that apply by virtue of the provisions of section 38 of the Criminal Justice Act 1954: If pursuant to this section he is to be returned to the Cook Islands, the Minister of Justice, with the like concurrence, may, by warrant, at any time before he is released for the purpose of returning him to the Cook Islands, direct that, until a date speciﬁed in the warrant (being a date not later than the date of expiry of the term of the original sentence), the offender shall be subject to super­ vision by a person to be nominated from time to time by the High Commissioner, and shall com­ ply with the directions of that person with respect to such matters as are speciﬁed in the warrant: (c) The provisions of section 33A of the Criminal Justice Act 1954 (as enacted by section 4 of the Criminal Just­ 57 Part 5 s 275A Cook Islands Act 1915 Reprinted as at 3 September 2007 ice Amendment Act 1961), as far as they are applicable but subject to the provisions of this section, shall apply with respect to the offender as if he had been sentenced to imprisonment by the High Court of New Zealand.
(2) The Prisons Parole Board, on considering the case of any of­ fender under section 33A of the Criminal Justice Act 1954 (as so enacted), shall have regard, in addition to the matters spe­ ciﬁed in subsection (6) of that section, to such other matters of any kind whatsoever as it considers relevant in the circum­ stances of the case, and may, in its discretion, recommend that the offender— (a) Be returned to the Cook Islands and released on his ar­ rival there; or Be returned in custody to the Cook Islands and continue to serve the sentence of imprisonment in some prison in the Cook Islands until a date speciﬁed by the Board (being, in the case of a prisoner undergoing a sentence of life imprisonment, such date as the Board thinks ﬁt, and, in the case of any other prisoner, a date not later than 3 months after his return to the Cook Islands) and be released on the date so speciﬁed; or Be released in New Zealand.
(b) (c) (3) Any recommendation of the Prisons Parole Board under sub­ section (2) of this section may be subject to such conditions as the Board thinks ﬁt, including, if the Board thinks ﬁt, a condi­ tion, in the case of a prisoner to whom paragraph (a) or para­ graph (b) of that subsection applies, that, until a date speciﬁed by the Board (being, in the case of an offender undergoing a sentence of life imprisonment, such date as the Board thinks ﬁt, and in any other case a date not later than the date of the expiry of the term of the original sentence), he shall be subject to supervision by a person to be nominated from time to time by the High Commissioner and shall comply with the direc­ tions of that person with respect to such matters as the Board speciﬁes.
The provisions of the Criminal Justice Act 1954 relating to the release of an offender on probation shall not apply with respect to any offender who is to be returned to the Cook Islands pur­ suant to this section.
(4) 58 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 5 s 275A (5) Where pursuant to this section any offender is released in New Zealand, the provisions of sections 35 to 39 of the Criminal Justice Act 1954, as far as they are applicable, shall apply as if he had been so released at or before the expiry of a term of imprisonment imposed by the High Court of New Zealand.
(6) Where any offender who pursuant to this section is released in New Zealand desires to return to the Cook Islands before the expiration of the term of his probation, the Minister of Justice, on the application of the offender and with the concurrence of the Minister of Foreign Affairs, may cancel the probation­ ary licence as from the date on which the offender leaves New Zealand, and by warrant direct that as from the date of the ar­ rival of the offender in the Cook Islands until a date speciﬁed in the warrant (being not later than the date on which the term of probation would have expired if the probationary licence had not been cancelled) the offender shall be subject to super­ vision by a person to be nominated from time to time by the High Commissioner and shall comply with the directions of that person with respect to such matters as are speciﬁed in the warrant.
Every offender, if he is a Native.

., shall, as soon as he is entitled to be released or as soon thereafter as may be, unless he is to be released in New Zealand under this section, be re­ turned to the Cook Islands in pursuance of a warrant signed by the Minister of Justice, and in the meantime shall be detained in custody in some prison in New Zealand appointed by that warrant.

(7) .
(7) .

(9) (8) A recommendation of the Prisons Parole Board under this sec­ tion may be given effect to in pursuance of a warrant signed by the Minister of Justice with the concurrence of the Minister of Foreign Affairs.

For the purposes of this section, cumulative terms of impris­ onment shall be treated as one term.

This section was inserted by section 7(1) of the Cook Islands Amendment Act 1962.
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

In subsection (1), paras (a), (aa), and (b) were substituted for the original paras (a) and (b) by section 3(1) of the Cook Islands Amendment Act 1967.
59 Part 5 s 275B Cook Islands Act 1915 Reprinted as at 3 September 2007 In subsection (1), in paras (a)(i), (a)(ii), (aa), and (b)(i), the references to the “Minister of Foreign Affairs” were substituted for references to the “Minister of Island Affairs” (as substituted by section 8(2) of the Maori and Island Affairs Department Act 1968) by section 2(4)(a) of the Cook Islands Amendment Act 1974.
In subsection (2), paras (a)­(c) were substituted for the original paras (a) and (b) by section 8(3) of the Cook Islands Amendment Act 1963.

In subsection (3) the words in the ﬁrst set of double square brackets were sub­ stituted for the words “Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (6) the words in the second set of double square brackets were substituted for the words “Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.
In subsections (6) and (8) the references to the “Minister of Foreign Affairs” were substituted for references to the “Minster of Island Affairs” (as substituted by section 8(2) of the Maori and Island Affairs Department Act 1968) by section 2(4)(a) of the Cook Islands Amendment Act 1974.

In subsection (7) the words “and is not under sentence of exile from the Cook Islands” were omitted by section 8(2)(b) of the Cook Islands Amendment Act 1963.
275B Person conditionally released from imprisonment, or portion of whose sentence is conditionally remitted, may be imprisoned (1) Any person who is released from imprisonment— (a) (b) Pursuant to a remission of part of his sentence under paragraph (a) of subsection (1) of section 275A of this Act or to a recommendation of the Prisons Parole Board under paragraph (c) of that subsection subject to any conditions imposed under that section, and is returned to the Cook Islands under that section (including a person who returns to the Cook Islands pursuant to subsection (6) of that section); or Pursuant to a remission of part of his sentence under section 314B of this Act subject to any conditions im­ posed under that section,— and who commits a breach of any such condition may be ar­ rested by any constable without warrant and brought before a Judge of the High Court, and may be sentenced to imprison­ ment, in the case of a person who was undergoing a sentence of life imprisonment, for such period as the Court thinks ﬁt, and in any other case for any period not exceeding the unex­ pired portion of the term of his original sentence.
60 276 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 6 s 281 (2) For the purposes of this section, cumulative terms of impris­ onment shall be treated as one term.

This section was inserted by section 8 of the Cook Islands Amendment Act 1962.

Section 276 was repealed by section 8(1) of the Cook Islands Amendment Act 1963.
277 Cumulative sentences (1) When an offender is sentenced for more offences than one at the same time, or if, when sentenced for one offence, he has already been sentenced for any other offence and has not yet completed the sentence so imposed upon him, the Court may direct that the sentences passed on him for his several offences shall take effect one after the other or concurrently.
Save as provided by this section, every sentence of imprison­ ment shall commence to take effect on the day on which the sentence is pronounced.

(2) Part 6 Criminal procedure 278 Magistratesm [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

279 Jurisdiction of High Court [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
280 Felonies and misdemeanours [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

281 Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.

61 Part 6 s 282 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.

Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.


Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.

Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.

Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.
289 Trial of accused in his absence [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.
282 283 284 285 286 287 288 290 291 292 293 62 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 6 s 305 Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.


300 Discharge of assessors and new trial [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Sections 301 to 307 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.


Sections 301 to 307 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 301 to 307 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 301 to 307 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.
294 295 296 297 298 299 301 302 303 304 305 63 306 307 Part 6 s 306 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 301 to 307 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

Sections 301 to 307 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

308 Drawing up of conviction [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
309 Defects of information, summons, or warrant [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
310 Payment of witnesses [Repealed] The words in square brackets were substituted for the words “the Cook Islands Government Account or the Niue Assembly Account, as the case may require” (as amended by section 95(1) of the Cook Islands Amendment Act 1957 and section 57 (5) of the Cook Islands Amendment Act 1964), as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).
Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

310A Court may order convicted person to come up for sentence if called upon [Repealed] Section 310A was inserted by section 9 Cook Islands Amendment Act 1962.

In subsection (1) the words in double square brackets were substituted for the words “Resident Commissioner”, as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).
Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

311 Conviction without sentence [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

64 Reprinted as at 3 September 2007 312 Bail Cook Islands Act 1915 Part 7 s 315 [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
313 Stay of proceedings by Minister [Repealed] The words in square brackets were substituted for the words “Attorney­General of New Zealand in the case of a prosecution in Niue, and the Minister in charge of the Justice Department in the case of any other prosecution” (as amended by section 3(1) of the Cook Islands Amendment Act 1965), as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).
Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

314 Search warrants [Repealed] Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

314A Transmission of certain warrants and orders by telegram [Repealed] Subs (2): The “Post and Telegraph Act 1928” was repealed and replaced by the “Post Ofﬁce Act 1959” but without a corresponding deﬁnition of the term telegram.
Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

314B Pardon and remission of sentence [Repealed] Section 314B was substituted for the former 314B (as substituted by section 3(1) of the Cook Islands Amendment Act 1965 and amended by section 2 of the Cook Islands Amendment Act (No 2) 1965), as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).
Sections 278­314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

315 Part 7 Law of evidence Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

65 316 317 318 319 320 321 322 323 324 325 Part 7 s 316 Cook Islands Act 1915 Reprinted as at 3 September 2007 Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
326 Power to administer oaths All Courts are hereby empowered to administer an oath to all such witnesses as are lawfully called or voluntarily come be­ fore them, or to take the afﬁrmation of any such witness in lieu of such oaths.

66 Reprinted as at 3 September 2007 327 Form of oath Cook Islands Act 1915 Part 7 s 330 Every oath, whether in a judicial proceeding or not, may be made in such form as the person making the same consents to, whether expressly or impliedly.
328 Making of oath (b) Except when the person making the oath so consents to any other form of oath, an oath shall, whether in a judicial or other proceeding, be made in one of the 2 forms following: (a) The person making the oath may, while holding in his hand a copy of the Bible, New Testament, or Old Tes­ tament, repeat the words of the oath as prescribed or allowed by law; or The ofﬁcer administering the oath may repeat the appro­ priate form of adjuration commencing with the words “Do you swear by Almighty God”, or words to the like effect, and concluding with the words of the oath as pre­ scribed or allowed by law, and the person making the oath shall thereupon, while holding in his hand a copy of the Bible, Old Testament, or New Testament, indi­ cate his assent to the oath so administered by uttering the words “I do”, or other words to the like effect.
329 Absence of religious belief Where an oath has been duly made the fact that the person making the same had at the time of making the same no reli­ gious belief shall not for any purpose affect the validity of the oath.

330 Afﬁrmation may be made in lieu of oath (1) Every person shall be entitled as of right to make his solemn afﬁrmation instead of an oath in cases in which an oath is re­ quired or allowed by law, and such afﬁrmation shall be of the same force and effect as an oath.
Every such afﬁrmation shall commence with the words “I do solemnly, sincerely, and truly declare and afﬁrm”, or words to the like effect, omitting any words of imprecation or calling to witness.
(2) 67 Part 7 s 331 Cook Islands Act 1915 Reprinted as at 3 September 2007 331 Evidence of children without oath In any proceeding all witnesses who are or appear to be under the age of 12 years may be examined without oath, but any such witness shall in such case be required before being exam­ ined to make the following declaration: “I promise to speak the truth, the whole truth, and nothing but the truth”, or a dec­ laration to the like effect; and such declaration shall be of the same force and effect as if the witness had taken an oath.
332 Necessity of oath Subject to the provisions of this Act, all witnesses in any judi­ cial proceeding, civil or criminal, shall be examined on oath.
Part 8 Extradition Extradition from the Cook Islands to New Zealand 333 Arrest in Cook Islands of fugitive offenders from New Zealand When a warrant has been lawfully issued by any competent au­ thority in New Zealand for the arrest of any person and such person is suspected of being in the Cook Islands or of being about to come into the Cook Islands, a Judge of the High Court may, if satisﬁed in any manner that such warrant has been is­ sued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in the Cook Islands, and such warrant shall be addressed to such person or persons as the Judge thinks ﬁt.
334 Order of return to New Zealand On the arrest of any person in pursuance of a warrant so is­ sued by a Judge of the High Court the person so arrested shall be forthwith brought before the High Court, which may, on the production of the original warrant issued in New Zealand, order the return of that person to New Zealand.
68 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 8 s 338 335 Refusal of order in case of hardship The High Court may refuse to make any such order if, having regard to the nature of the charge made against such person or to the circumstances of the case, the Court is of opinion that the return of such person to New Zealand would be the cause of undue hardship or would otherwise be unjustiﬁable or inexpedient.
336 Imprisonment or release pending return Pending the making of any such order of return, or pending the return of any such person to New Zealand, the High Court may either commit him to prison or admit him to bail in such manner and on such conditions as the Court thinks ﬁt.
337 Release on security in lieu of return (1) Instead of making such an order of return, the High Court may release such person on bail conditioned for the payment of such sum or sums of money or the performance of such con­ ditions with relation to the matters in respect of which the ori­ ginal warrant was issued in New Zealand as the High Court thinks ﬁt.
(2) On any breach of the conditions on which such person has been so released he may be again arrested in the Cook Islands under a warrant issued by a Judge of the High Court, and an order for his return to New Zealand may be made in the same manner as if he had not been so released.
338 Return to New Zealand in custody Any person against whom an order of return to New Zealand has been so made shall, as soon as practicable thereafter, be taken from the Cook Islands to New Zealand in the custody of such person as a Judge of the High Court may approve, and shall on arrival in New Zealand be there delivered into the custody of an ofﬁcer of police, to be dealt with in the same manner as if he had been arrested in New Zealand in pursuance of the original warrant issued there for his arrest.
Section 338 of the Cook Islands Act 1915 was substituted, as from 22 December 1980, by section 2 Cook Islands Amendment Act 1980 (1980 No 107).

69 Part 8 s 339 Cook Islands Act 1915 Reprinted as at 3 September 2007 339 Cancellation of order of return If any person so ordered to be returned to New Zealand is not returned in accordance with the order within a reasonable time after the making thereof, the High Court may cancel the order for his return.
Extradition from New Zealand to the Cook Islands 340 Arrest in New Zealand of fugitive offenders from the Cook Islands When a warrant has been lawfully issued by any competent authority in the Cook Islands for the arrest of any person, and such person is suspected of being in New Zealand or of being about to come into New Zealand, a Stipendary District Court Judge in New Zealand may, if satisﬁed in any manner that such warrant has been issued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in New Zealand, and such warrant shall be addressed to such person or persons as the District Court Judge thinks ﬁt.
The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
341 Order of return to the Cook Islands On the arrest of any person in pursuance of any warrant so issued by a District Court Judge the person so arrested shall be forthwith brought before a District Court Judge in New Zealand, who may, on the production of the original warrant issued in the Cook Islands, order the return of that person to the Cook Islands.
The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).

Judicial notice of signature to warrant On making any such order the District Court Judge may take judicial notice of the signature to the warrant issued in the Cook Islands, and may receive such evidence as he thinks ﬁt whether legally admissible in other proceedings or not.
342 70 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 8 s 345 The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
343 Refusal of order in case of hardship A District Court Judge may refuse to make any such order if, having regard to the nature of the charge made against such person or to the circumstances of the case, the District Court Judge is of opinion that the return of such person to the Cook Islands would be the cause of undue hardship or would other­ wise be unjustiﬁable or inexpedient.
The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).

344 Imprisonment or release pending return Pending the making of any such order of return, or pending the return of any such person to the Cook Islands, a District Court Judge may either commit him to prison or admit him to bail in such manner and on such conditions as the District Court Judge thinks ﬁt.
The words in square brackets were substituted for the words “New Zealand” by section 15 of the Cook Islands Amendment Act 1950.

The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
345 Release on security in lieu of return (1) Instead of making such an order of return, the District Court Judge may release such person on bail conditioned for the pay­ ment of such sum or sums of money or the performance of such conditions with relation to the matter in respect of which the original warrant was issued in the Cook Islands as the District Court Judge thinks ﬁt.
(2) On any breach of the conditions on which such person has been so released he may be again arrested in New Zealand under a warrant issued by a District Court Judge, and an order for his return to the Cook Islands may be made in the same manner as if he had not been so released.

71 Part 8 s 346 Cook Islands Act 1915 Reprinted as at 3 September 2007 The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
346 Return to the Cook Islands in custody Any person against whom an order of return to the Cook Is­ lands has been so made shall, so soon as practicable thereafter, be taken from New Zealand to the Cook Islands in the cus­ tody of such person as a District Court Judge may approve, and shall on arrival in the Cook Islands be there delivered into lawful custody, to be dealt with in the same manner as if he had been arrested in the Cook Islands in pursuance of the ori­ ginal warrant issued there for his arrest.
Section 346 of the Cook Islands Act 1915 was amended by section 3(1) of 1980 No 107.

347 Cancellation of order of return If any person so ordered to be returned to the Cook Islands is not returned in accordance with the order within a reasonable time after the making thereof, a District Court Judge or a Judge of the High Court may cancel the order for his return.
The words “Judge of the Supreme Court” have been changed to “Judge of the High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
Removal from one island to another 348 Prisoners may be removed from one island to another Any person in lawful custody on any ground whatever in any island forming part of the Cook Islands may be removed in custody to any other of such islands.

Section 348 of the Cook Islands Act 1915 was amended by section 3(2) of 1980 No 107.

Section 349 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
349 72 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 8 s 349A Application of Extradition Act to Cook Islands 349A Extradition Act in force in Cook Islands (1) Subject to the provisions of this Act, the Extradition Act 1965, so far as it is applicable, shall extend to and be in force in the Cook Islands In the application of the Extradition Act 1965 to the Cook Is­ lands, unless the context otherwise requires,— (a) (2) (b) (c) (d) (e) (f) (g) Every reference in that Act to New Zealand shall be read as a reference to the Cook Islands: Every reference in that Act to the Court, or to the High Court or a Judge thereof, or to a District Court Judge or Justice, shall be read as a reference to the High Court of the Cook Islands or a Judge of that Court: Every reference in that Act to the Minister of Justice shall be read, in relation to the Cook Islands, as a refer­ ence to the Minister in Charge of the Justice Department of the Cook Islands: The reference in the deﬁnition of the expression extra­ dition offence in subsection (1) of section 2 of that Act to the crimes described in Schedule 1 to that Act shall be read as a reference to such of the criminal offences de­ scribed in Part 5 of this Act as correspond to the crimes described in Part 1 of that Schedule, and also as a ref­ erence to such of the enactments speciﬁed in Part 2 of that Schedule as are in force in the Cook Islands: The references in subsection (2) of section 2 of that Act to sections 310, 311, and 312 of the Crimes Act 1961 shall be
 read as references to sections 263, 264, 265, 268, and 268B of this Act, as the case may require: The references in subsections (3) and (4) of section 5 of that Act (as amended by section 5(2) of the Criminal Justice Amendment Act 1969) to Part 5A of the Crim­ inal Justice Act 1954 and Part 4 of the Mental Health Act 1969 shall be read as references to sections 591 and 593 of this Act, as the case may require: The references in sections 8 and 15 of that Act to the preliminary hearing of an information for an
 indictable offence shall be read as references to the trial of an 73 Part 8 s 349A Cook Islands Act 1915 Reprinted as at 3 September 2007 (h) (i) offence punishable by the High Court in the ordinary course of its criminal jurisdiction and procedure: The reference in section 8 of that Act to the Summary Proceedings Act 1957 shall be read as a reference to this Act, and the reference in that section (as amended by section 5(2) of the Criminal Justice Amendment Act 1969) to Part 5A of the Criminal Justice Act 1954 shall be construed as a reference to sections 590, 592, and 593 of this Act: No Order in Council made under that Act shall have any force or effect in the Cook Islands unless it is made at the request and with the consent of the Government of the Cook Islands made and given in the manner provided in Article 88 of the Constitution of the Cook Islands (as set out in the Schedule to the Cook Islands Constitution Act 1964).
This section was inserted by section 18(1) of the Extradition Act 1965.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).

In subsections (1) and (2) the words “and Niue” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection 2(a) the words “or to Niue, as the case may require” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (2)(c) the words “and, in relation to Niue, as a reference to the Minister of Justice of New Zealand acting with the concurrence of the Minister of Island Territories of New Zealand” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (2)(d) the words “or in Niue, as the case may be” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (2)(f) the words in double square brackets have been substituted for the words “to sections 31 and 38 of the Mental Health Act 1911” pursuant to section 5(2) and (3) of the Criminal Justice Amendment Act 1969.
In subsection (2)(h) the words in double square brackets have been substituted for the words “to sections 32, 34, and 35 of the Mental Health Act 1911” pur­ suant to section 5(2) and (3) of the Criminal Justice Amendment Act 1969.

74 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 9 s 350 Part 9 Crown suits 350 Crown proceedings in the Cook Islands (1) Subject to this Act, the Crown Proceedings Act 1950, so far as it is applicable, shall extend to and be in force in the Cook Islands.
In the application of the Crown Proceedings Act 1950 to the Cook Islands, unless the context otherwise requires,— (a) (2) (b) (c) (d) (e) (f) (g) Every reference in that Act to the Crown or Her Majesty shall be construed as including a reference to Her Majesty in respect of the government of the Cook Islands: Every reference in that Act to New Zealand shall be construed as a reference to the Cook Islands: Every reference in that Act to any Court shall be con­ strued as including a reference to the High Court of the Cook Islands and of the Land Court of the Cook Islands: Every reference in that Act to an ofﬁcer of the Crown shall be construed, in relation to Her Majesty in respect of the government of the Cook Islands, as including a reference to the High Commissioner and any servant of Her Majesty in respect of the government of the Cook Islands and as not including any Judge or any other Commissioner or other judicial ofﬁcer: Every reference in that Act to the Attorney­General or any Minister of the Crown shall be construed, in relation to Her Majesty in respect of the government of the Cook Islands, as a reference to the High Commissioner: Every reference in that Act to the Solicitor­General shall be construed in relation to Her Majesty in respect of the government of the Cook Islands, as including a reference to the Registrar of the High Court of the Cook Islands at Rarotonga: Every reference in sections 20 to 23 of that Act to the High Court shall be construed, in relation to Her Majesty in respect of the government of the Cook Islands, as a reference to the High Court of the Cook Islands: 75 Part 9 s 350 Cook Islands Act 1915 Reprinted as at 3 September 2007 (h) The reference in subsection (3) of section 24 of that Act to the Governor­General shall be construed, in rela­ tion to Her Majesty in respect of the government of the Cook Islands, as a reference to the High Commissioner; and all money payable under that subsection shall be payable out of the Cook Islands Government Account.
Subsection (2) of section 8, section 9, and subsection (2) of section 29 of the Crown Proceedings Act 1950 shall not extend to or be in force in the Cook Islands.

Civil proceedings to which Her Majesty is a party or third party in respect of the government of the Cook Islands shall be con­ ducted on behalf of Her Majesty by such person as the High Commissioner may appoint for the conduct thereof.

This section was substituted for the original section 350 by section 32(1) of the Crown Proceedings Act 1950.
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

In subsection (2)(c) the reference to the “Land Court” was substituted for a ref­ erence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
In subsection (2)(d) the words in the second set of double square brackets were substituted for the words “the Resident Commissioner of the Cook Islands, the Resident Commissioner of Niue” (as amended by section 95(1) of the Cook Islands Amendment Act 1957) by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (2)(e) the words in the second set of double square brackets were substituted for the words “any Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (2)(f) the words “and to the Registrar of the High Court of the Cook Islands at Niue” were omitted by section 2(1) of the Cook Islands Amend­ ment Act 1966.

In subsection (2)(h) the words in the second set of double square brackets were substituted for the words “any Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (2)(h) the words in the third set of double square brackets were substituted for the words “Cook Islands Government Account or the Niue As­ sembly Account, as the case may require” (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (4) the words in the third set of double square brackets were substi­ tuted for the words “any Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.
(3) (4) 76 351 352 353 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 10 s 355 Section 351 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

Sections 352 and 353 were repealed by section 32(2) of the Crown Proceedings Act 1950.

Sections 352 and 353 were repealed by section 32(2) of the Crown Proceedings Act 1950.
Part 10 Crown land 354 All land in the Cook Islands vested in Her Majesty All land in the Cook Islands except land which by this Act or before the commencement thereof is or has been vested in any person for an estate in fee simple is hereby declared to be vested in Her Majesty, subject, however, to all rights lawfully held therein by any person at the commencement of this Act, whether by virtue of Native custom and usage or otherwise howsoever.
355 Grants of Crown land (1) (2) (3) Subject to any enactment for the time being in force in that behalf, the High Commissioner may grant Crown land in the Cook Islands in fee simple, or may grant in respect of any such land any lease, licence, easement, or other limited estate, right, or interest, or may accept a surrender of any estate, right, or interest in any such land.
In the case of Crown land reserved or set apart for any public purpose, no such grant shall be made except so far as consistent with that purpose.

Every such grant in fee simple shall be under the Seal of the Cook Islands, and every other grant shall be made by warrant of the High Commissioner, or in such other manner as may be prescribed by any enactment.
This section was substituted for the former section 355 (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
77 Part 10 s 356 Cook Islands Act 1915 Reprinted as at 3 September 2007 356 Reserves of Crown land for public purposes Any Crown land in the Cook Islands may, by warrant of the High Commissioner, be set aside as a reserve for any public purpose, and shall be reserved and used for that purpose ac­ cordingly, but any such warrant may be at any time revoked.
This section was substituted for the original section 356 (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
357 Taking of land for public purposes The High Commissioner may, by warrant, take any land in the Cook Islands for any public purpose speciﬁed in the war­ rant, and it shall thereupon become absolutely vested in Her Majesty as from the date of the warrant, or from any later date speciﬁed therein in that behalf, free from all estates, rights, and interests of any other person therein, save so far as any such estates, rights, or interests are expressly saved by the warrant.
This section was substituted for the original section 357 (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
358 Revocation of warrant taking land (1) If any such warrant so taking land as aforesaid is made in error, or if the land so taken or any part thereof is found not to be required for the purpose for which it was taken, the High Commissioner may, by warrant, at any time before compen­ sation has been awarded or paid in respect thereof, revoke the ﬁrst­mentioned warrant either wholly or as to any part of the land so taken.
(2) A warrant so revoked shall, so far as revoked, be deemed never to have been made, and the land shall accordingly be deemed to have remained vested in the persons formerly en­ titled thereto or their successors in title.

(3) Any person interested in the land and suffering loss or dam­ age by the making and revocation of any such warrant taking the land shall be entitled to compensation in the same manner, with all necessary modiﬁcations, as in the case of compensa­ tion for land taken.
78 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 10 s 359 This section was substituted for the original section 358 (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
(2) (3) (4) 359 Compensation for land taken (1) When any land has been so taken for a public purpose all per­ sons having in respect of that land any right, title, estate, or interest which is extinguished or divested by the taking of the land shall be entitled to compensation therefor from the Crown.

Such compensation shall be assessed and awarded by the High Court either on the application of any Minister or of any person claiming the compensation or any share therein.
The compensation so awarded to any person shall constitute a debt due to him by the Crown, and shall be payable out of the Cook Islands Government Account.

If the land so taken is Native customary land, the Land Court shall, on the requisition of the High Court, investigate the cus­ tomary title to that land, and shall determine by order the per­ sons entitled thereto, and the relative interests of those persons, and the High Court shall thereupon assess and award compen­ sation accordingly.
In awarding any such compensation the High Court may direct that the compensation, or any part of it, be paid into the Land Court for distribution to the persons entitled thereto.

The receipt of the Registrar of the Land Court shall be a sufﬁ­ cient discharge for any money so paid in the same manner as if that money had been then paid to the persons entitled thereto.
Subsections (2) and (3) were substituted for the original subsections (2) and (3) (subsection (2) having been amended by section 3(1) of the Cook Islands Amendment Act 1965, and subsection (3) having been amended by section 95(1) of the Cook Islands Amendment Act 1957) by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (4) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
(5) (6) Subsections (5) and (6) were added by section 10 of the Cook Islands Amend­ ment Act 1963, and in those subsections the references to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
79 Part 10 s 360 Cook Islands Act 1915 Reprinted as at 3 September 2007 360 Resumption of Crown land for public purposes (1) The High Commissioner may at any time, by warrant, resume for any public purpose speciﬁed in the warrant any Crown land held under lease or otherwise subject to any right, title, or inter­ est in any other person, and every such lease, right, title, or in­ terest shall, in accordance with the tenor of the warrant, deter­ mine accordingly, save so far as expressly preserved thereby.
(2) All persons entitled to any lease, right, title, or interest so de­ termined shall be entitled to compensation in the same manner as in the case of land taken for public purposes.

Subsection (1) was substituted for the original subsection (1) (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
361 Reservation of land so taken or resumed Any land so taken or resumed for any public purpose shall be deemed to be set apart and reserved for that purpose, but the High Commissioner may at any time, by warrant, cancel any such reservation.

This section was substituted for the original section 361 (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
362 Purchase of land for public purposes The High Commissioner may, for any public purpose, for and in the name of Her Majesty, purchase any Native freehold or European land in the Cook Islands or any undivided interest therein, or acquire by grant or assignment any lease, easement, or other limited right, title, estate, or interest in any such land.
This section was substituted for the original section 362 (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

363 Control of Crown land by High Commissioner The High Commissioner may exercise on behalf of Her Majesty all rights to suit, entry, re­entry, receipt of rents and proﬁts, use, management, control, and possession vested in Her Majesty in respect of Crown land in the Cook Islands.
The words “The High Commissioner” were substituted for the words “A Resi­ dent Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.
80 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 10 s 366 364 Public purposes deﬁned The term public purposes as used in this Act includes naval and military defence, education, public health, pearl and other ﬁsheries, public buildings, wharves, jetties, harbours, prisons, water supply, sites for townships, public recreation, the burial of the dead, all purposes for which money is appropriated by Parliament or by the Legislative Assembly, and all lawful pur­ poses and functions of the Government of the Cook Islandsand also includes any housing purpose within the meaning of Part 1 of the Cook Islands Amendment Act 1960.
The words “or by the Legislative Assembly” were inserted by section 4 of the Cook Islands Amendment Act 1967.

The words “other than Niue or of the Government of Niue” (as inserted by sec­ tion 95(1) of the Cook Islands Amendment Act 1957) were omitted by section 2(1) Cook Islands Amendment Act 1966; and the words “and also includes any housing purpose within the meaning of Part 1 of the Cook Islands Amendment Act 1960” were added by section 21 Cook Islands Amendment Act 1960.
365 Saving of reserves under the Cook Islands Government Act 1908 (2) (1) All reserves heretofore established under section 21 of the Cook Islands Government Act 1908, or the corresponding pro­ visions of any former Act, shall be deemed to have been es­ tablished under this Part of this Act.
Paragraph (b) of subsection (3) of section 21 of the Cook Is­ lands Government Act 1908 shall, notwithstanding the repeal of that Act by this Act, continue to apply to all reserves for the purpose of Imperial military or naval defence which before the commencement of this Act have been vested by Proclamation in any person or authority for the purpose aforesaid.

In subsection (2) the words of subsection (3) of have been inserted to correct an obvious omission.
366 Validation of Crown purchases All land which at the commencement of this Act is in the pos­ session of the Crown as having been purchased or otherwise acquired by the Crown from the Native owners thereof shall be deemed to be Crown land, and all such purchases and ac­ quisitions are hereby validated accordingly.
81 367 368 369 370 Part 11 s 367 Cook Islands Act 1915 Reprinted as at 3 September 2007 Part 11 The Land Court Constitution of the Land Court Sections 367 to 370 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.

Sections 367 to 370 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.

Sections 367 to 370 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.

Sections 367 to 370 were repealed by section 58 of the Cook Islands Amend­ ment Act 1964.
371 Registrars of the Land Court [Repealed] Subsection (1) was substituted for the original subsection (1) (as amended by section 95(1) of the Cook Islands Amendment Act 1957), as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
372 Deputy Registrars [Repealed] The words in single square brackets were substituted for the words “The Gov­ ernor­General may also appoint such Deputy Registrars of the Native Land Court as he thinks necessary, who shall hold ofﬁce during his pleasure, and” by section 95(1) of the Cook Islands Amendment Act 1957.

The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

373 Ofﬁces of Land Court [Repealed] The reference to the “Land Court” was substituted for a reference to the “Native Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
82 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 378 Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

374 Records [Repealed] Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
375 Seal of the Land Court [Repealed] In subsection (2) the words in square brackets were inserted, as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
376 Deputy of Chief Judge [Repealed] In subsection (1) and (3) the words “High Commissioner” were substituted for the words “Governor­General”, as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

377 Administrative ofﬁcers [Repealed] The words in the ﬁrst set of square brackets were inserted, and the words “may be” were substituted for the words “the Governor­General thinks”, by section 95(1) of the Cook Islands Amendment Act 1957.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

378 Rules of Court [Repealed] Subs (1) was substituted for the original sub (1), as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).
83 Part 11 s 379 Cook Islands Act 1915 Reprinted as at 3 September 2007 In subsection (2) the words in square brackets were substituted for the words “rules do”, as from 7 June 1965, by section 3(1) of the Cook Islands Amend­ ment Act 1965 (1965 No 1).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
379 Applications to Court [Repealed] The reference to the “Land Court” was substituted for a reference to the “Native Land Court”, as from 17 December 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

The words in the second set of square brackets were substituted for the words “a Resident Commissioner”, as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).
Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

380 Exercise of supplementray jurisdiction [Repealed] Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

381 Powers of Judges [Repealed] The reference to the “Land Court” was substituted for a reference to the “Native Land Court”, as from 17 November 1964, by section 57(4) of the Cook islands Amendment Act 1964 (1964 No 70).
Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

382 Sittings of Court [Repealed] The reference to the “Land Court” was substituted for a reference to the “Native Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
84 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 386 383 Summoning of witnesses [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
384 Costs [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
385 Security for costs [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 371­385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
386 Costs may be charged on land When in any proceeding any order is made by the Land Court affecting or relating to the title to Native land or any interest in Native land, the Court may, in addition to or in lieu of making an order for the payment of the costs of that proceeding or of any proceedings or matters incidental or preliminary thereto by any party thereto, make an order charging the whole or any part of those costs upon the said land or upon the said interest therein, as the case may be, and every such charge shall be enforceable in manner hereinafter provided with respect to the enforcement of charges imposed upon Native land by the Court.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

See the note to section 383 of this Act.

85 Part 11 s 387 Cook Islands Act 1915 Reprinted as at 3 September 2007 387 Right of audience [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
Sections 387­390 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

388 Amendments of defects [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 387­390 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
389 Amendments of records [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 387­390 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
390 Rehearing [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 387­390 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
390A Amendment of orders after title ascertained (1) Where through any mistake, error, or omission whether of fact or of law however arising, and whether of the party applying to amend or not, the Land Court or the Land Appellate Court by its order has in effect done or left undone something which it did not actually intend to do or leave undone, or something which it would not but for that mistake, error, or omission have done or left undone, or where the Land Court or the Land Appellate Court has decided any point of law erroneously, the 86 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 390A Chief Judge may, upon the application in writing of any person alleging that he is affected by the mistake, error, omission, or erroneous decision in point of law, make such order in the matter for the purpose of remedying the same or the effect of the same respectively as the nature of the case may require; and for any such purpose may, if he deems it necessary or expedient, amend, vary, or cancel any order made by the Land Court or the Land Appellate Court, or revoke any decision or intended decision of either of those Courts.
(3) (2) Any order made by the Chief Judge upon any such proceed­ ings amending, varying, or cancelling any prior order shall be subject to appeal in the same manner as any ﬁnal order of the Land Court but there shall be no appeal against the refusal to make any such order.

The Chief Judge may refer any such application to the Land Court for inquiry and report, and he may act upon that report or otherwise deal with the application without holding formal sittings or hearing the parties in open Court.
The Chief Judge may require any applicant to deposit such sum of money within such time as he thinks ﬁt as security for costs, and, unless that deposit is so made, may summarily dismiss the application.

The Chief Judge shall have power to allow costs to any person opposing the application.
(4) (5) Any order of amendment, variation, or cancellation shall take effect (subject to appeal) as from the making thereof; but no such amendment, variation, or cancellation of any order made by the Chief Judge hereunder shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation executed before the making of the order of amendment, variation, or cancellation, but the in­ strument may be perfected and conﬁrmed as if no such order had been made by the Chief Judge.
Any such alienation shall thereafter enure for the beneﬁt of the person eventually found by the Chief Judge’s order to be entitled to the share or in­ terest affected, and all unpaid or accruing purchase money, rent, royalties, or other proceeds of the alienation, as well as any compensation payable, shall be recoverable accordingly.
Any bona ﬁde payment made in faith of the order amended, 87 Part 11 s 390A Cook Islands Act 1915 Reprinted as at 3 September 2007 varied, or cancelled shall not be deemed to be invalid because the order was so amended, varied, or cancelled.
(6) Where an application has been lodged under this section, the Land Court may, for the purpose of protecting the property in dispute, grant an order prohibiting dealings with the share or interest affected by the application pending the result of the application, and any dealings in contravention of the order shall be deemed to be void: Provided that nothing in this subsection shall prevent the con­ ﬁrmation or registration of an alienation effected by an instru­ ment executed before the granting of the order.
(8) (9) (7) All consequential amendments required to be made by reason of the Chief Judge’s order in any order, record, or document made, issued, or kept by the Land Court may be made by any Judge of the Court.
This section shall extend and apply (with the exception here­ inafter mentioned) to orders, whether made before or after the commencement of this section, save that in all cases where an order is dated more than 5 years previously to the receipt of the application under this section the Chief Judge shall ﬁrst obtain the consent of the High Commissioner before making any order hereunder.
The Chief Judge shall nevertheless have full power without that consent to dismiss any such applica­ tion or to refer it to the Land Court for inquiry and report.

The Chief Judge shall dismiss all applications (if any) which have already formed the subject of proceedings under section 32 of the Cook Islands Amendment Act 1946, unless the High Commissioner expressly consents to the Chief Judge exercis­ ing jurisdiction under this section in any such matter.
(10) This section shall not apply to any order made upon investiga­ tion of title or partition save with regard to the relative interests deﬁned thereunder, but the provisions of this subsection shall not prevent the making of any necessary consequential amend­ ments with regard to partition orders.

This section was inserted by section 16 of the Cook Islands Amendment Act 1950.
In subsection (1) the references to the “Land Appellate Court” were substituted for references to the “Native Appellate Court” by section 57(4) of the Cook Islands Amendment Act 1964.

88 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 393 In subsections (1), (2), (3), (6), (7) and (8) the references to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
In subsection (8) the words in the ﬁrst set of double square brackets were sub­ stituted for the words “the Governor­General in Council where the order relates to land situated in Niue, and the consent of the High Commissioner, where the order relates to any other land” (as amended by section 3(1) of the Cook Is­ lands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (9) the words in double square brackets were substituted for the words “the Governor­General in Council where the application relates to land situated in Niue, or the High Commissioner, where the application relates to any other land” (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

391 Annulment of orders obtained by fraud The Land Court may at any time annul any order obtained by fraud.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

392 Enforcement of orders of Land Court by High Court [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
Section 392 was repealed, as from 23 November 1982, by section 2 Cook Is­ lands Amendment Act 1982 (1982 No 65).

393 Enforcement of charges (1) When any charge is imposed either by this Act or by the Land Court upon any Native land or upon any interest therein, that Court may at any time for the purpose of enforcing that charge appoint a receiver in respect of the property so charged.
(2) A receiver so appointed shall be entitled, unless the Court otherwise orders, to the possession of such property and to the receipt of the rents and proﬁts thereof, and may with the leave of the Court in the name of the owners, and without the ne­ cessity of conﬁrmation, grant leases of any freehold land so charged for such terms, on such conditions, and for such rent as he thinks ﬁt.
89 Part 11 s 394 Cook Islands Act 1915 Reprinted as at 3 September 2007 (3) Any person who obstructs any such receiver in the execution of his ofﬁce shall be guilty of contempt of the Land Court.

In subsections (1) and (3) the references to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

394 Orders Section 394 was repealed by section 48(10) of the Cook Islands Amendment Act 1946.
395 Partition orders No application for the partition of any Native land shall be heard or determined by the Court until all previous freehold or partition orders made with respect to the same land have been duly drawn up, sealed, and signed.
396 Orders in respect of deceased persons No order of the Land Court shall be invalid because made in favour or otherwise in respect of a person who is dead at the date of that order, and in any such case the order may at any time be amended by the Court so as to conform to the facts of the case as existing at the date of the order, and any such amendment shall take effect as from the date of the order amended.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

397 Orders bind all persons interested Every order of the Land Court determining or affecting the title to Native land or to any interest therein shall bind all persons having any interest in that land, whether or not they are parties to or have notice of the proceeding in which the order is made, and whether or not they are subject to any disability.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

See the note to section 396 of this Act.

Section 398 was repealed by section 58 of the Cook Islands Amendment Act 1964.
398 90 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 401 399 Validity of orders (1) No order of the Land Court shall be invalid because of any error, irregularity, or defect in the form thereof or in the prac­ tice or procedure of the Court, even though by reason of that error, irregularity, or defect the order was made without or in excess of jurisdiction.
(3) (2) Nothing in the foregoing provisions of this section shall apply to any order which in its nature or substance and independently of its form or of the practice or procedure of the Court was made without or in excess of jurisdiction.

Every order made by the Land Court shall be presumed in all Courts and in all proceedings to have been made within the jurisdiction of the Court, unless the contrary is proved or appears on the face of the order.
In subsections (1) and (3) the references to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

See the note to section 396 of this Act.

Contempt of the Land Court 400 Contempt of Court deﬁned [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
In paragraph (e) the words in the ﬁrst set of square brackets were inserted, as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
401 Penalty for contempt [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
91 Part 11 s 402 Cook Islands Act 1915 Reprinted as at 3 September 2007 402 Jurisdiction in contempt [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
403 Contempt in face of the Court [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
404 Arrest on warrant [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
405 Conviction by Land Court [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
406 Enforcement of ﬁne [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
92 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 409 407 Discharge of persons in contempt [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

The words in the second set of square brackets were substituted for the words “a Resident Commissioner”, as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).
Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

408 Jurisdiction in contempt may be exercised at any time or place [Repealed] The references to the “Land Court” were substituted for references to the “Na­ tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 400­408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
Additional jurisdiction 409 Miscellaneous jurisdiction of Land Court In addition to the jurisdiction elsewhere conferred upon the Land Court by this Act, that Court shall have jurisdiction— (a) To hear and determine as between Natives or the des­ cendants of Natives any claim to the ownership or pos­ session of Native freehold land, or to any right, title, estate, or interest in such land or in the proceeds of any alienation thereof: To determine the relative interests of the owners in common of Native freehold land, whether any of those owners are Natives or Europeans: To hear and determine as between Natives or the des­ cendants of Natives any claim to recover damages for trespass or any other injury to Native freehold land: To grant an injunction against any person in respect of actual or threatened trespass or other injury to Native freehold land: (b) (c) (d) 93 Part 11 s 409A Cook Islands Act 1915 Reprinted as at 3 September 2007 (e) (f) To grant an injunction prohibiting any person from deal­ ing with or doing any injury to any property which is the subject­matter of any application to the Court: To hear and determine any question as to the right of any person to hold ofﬁce as an Ariki or other Native chief of any island.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

In paras (a) and (c) the words “or the descendants of Natives” were inserted, and in paragraph (d) the words “any person” were substituted for the words “any Native” by section 11(3) of the Cook Islands Amendment Act 1950.

Para (f) was added by section 4(1) of the Cook Islands Amendment Act 1923.
409A Access to Native land (1) Notwithstanding anything expressed or implied in any order pertaining to the ownership of Native land, the Land Court may by order, at any time and without the consent of any per­ son being required, lay out a right of way over any Native land (whether the title thereto has been investigated or not) for the purpose of providing access to any other Native land in ac­ cordance with the provisions of this section.
(3) (2) Any such order may be made for the purpose of providing additional or improved access to any Native land in respect of which rights of access exist at the time of the making of the order.
For the purpose of providing access to any Native land, rights of way may, subject to consents being given as hereinafter speciﬁed, be laid out— (a) Over any European land with the consent in writing of the owner and of every other person having any estate or interest therein; or (b) Over any Crown land, with the consent in writing of the High Commissioner and of every person having any estate or interest therein.
(4) Any such order may be a separate order or may be incorporated in any other appropriate order of the Land Court.

Every such order shall have endorsed thereon a plan of the land laid out as a right of way or shall describe that land in a manner sufﬁcient to enable an accurate survey to be made of (5) 94 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 409A (6) (7) (8) (9) it, and shall deﬁne or limit the persons or classes of persons entitled to the use thereof.
The laying out of a right of way under any such order shall, subject to any limitation contained in the order, confer upon the persons entitled to the use thereof the same rights of user as if it were a public road.
In any such order laying out a right of way or in any variation of that order the Land Court may impose conditions as to the formation or fencing of the right of way or as to any other matter that it thinks ﬁt, and may suspend or limit the right to use the right of way until those conditions have been complied with.
The laying out of a right of way over any land shall not affect the ownership of the land comprised therein, or its description as Native land, or Crown land, or European land, as the case may be.
The Land Court may, on the making of an order laying out a right of way, determine the amount of compensation (if any) payable in respect thereof, and shall, if it considers that any compensation should be paid, determine the person or persons by whom the same shall be payable, and the person or persons to whom or for whose beneﬁt the same shall be paid: Provided that no person shall be entitled to compensation in respect of any right of way, if the Court is satisﬁed that he has consented to the laying out of that right of way and has agreed that he shall not be entitled to any compensation in respect thereof.
(10) Where any right of way has been laid out or constituted by the Land Court, whether by order pursuant to the provisions of this section or by any other order or determination, and the Court is satisﬁed that the right of way is no longer necessary or that the conditions in respect thereof or any of them should be varied or cancelled, the Court may, on application, vary or cancel that order or determination in so far as it relates to the right of way.
(11) No right of way over European land or Crown land shall be varied under the provisions of subsection (10) of this section, 95 Part 11 s 410 Cook Islands Act 1915 Reprinted as at 3 September 2007 save with the consent of the persons whose consent is required under the provisions of subsection (3) of this section.
(12) On the variation or cancellation pursuant to subsection (10) of this section of any order in relation to a right of way, the Land Court may make such incidental provisions in relation to com­ pensation or any other matters as it considers equitable be­ tween the owners of the land comprised in the right of way and any other persons.

(13) The provisions of subsections (5) and (6) of section 359 of this Act shall apply with respect to any compensation payable pursuant to this section.
This section was inserted by section 11 of the Cook Islands Amendment Act 1963.

In subsections (1), (4), (7), (9), (10), and (12) the references to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

In subsection (3)(b) the words “High Commissioner” were substituted for the words “Resident Commissioner” by section 2(1) of the Cook Islands Amend­ ment Act 1966.
410 High Commissioner may confer jurisdiction on Land (1) Court In addition to the jurisdiction elsewhere in this Act conferred upon the Land Court the High Commissioner may confer upon that Court, as effectually as if the same was conferred by this Act, jurisdiction in any matter or question affecting exclu­ sively the rights of Natives in any real or personal property or of the descendants of Natives in any Native land, and there­ upon the Court shall have full jurisdiction to determine that matter or question according to law.
(2) Any order of the Court in any such matter or question shall be valid and binding in law, and may be dealt with as nearly as may be in the same manner as an order or determination of a similar nature made by the Court in the exercise of the jurisdiction conferred upon it by this Act.

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
In subsection (1) the words “High Commissioner” were substituted for the words “Governor­General where the property is situated in Niue, and the High Commissioner, in the case of any other property” (as amended by section 3(1) 96 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 11 s 412 of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (1) the words “or of the descendants of Natives in any Native land” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

Surveys (2) 411 Land Court may order surveys (1) In any proceeding before the Land Court with respect to Na­ tive land the Court or a Judge thereof may authorise a survey thereof to be made by any proper person.
Every survey so authorised shall be made at the cost of the Crown, but the cost thereof as determined by the Court shall, by order of the Court, be charged upon the land surveyed, and shall be recoverable by the Crown accordingly in the same manner as in the case of other costs of legal proceedings charged upon Native land.
(3) All survey liens or charges existing at the commencement of this Act under the corresponding provisions of any other Act, Ordinance, regulation, or law, whether in favour of the Crown or otherwise, shall be deemed to have been constituted under this section, and shall be enforceable accordingly either by the Crown or by any person entitled to the beneﬁt thereof, as the case may be.
In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
412 Entry for purpose of survey (1) Any surveyor or other person so authorised to make a survey of Native land may, without further leave or licence, enter upon that land together with such assistants and other persons as he thinks ﬁt to employ in that behalf, and may there do all things necessary to be done to enable him to carry out the survey so authorised.
(2) Any person who wilfully obstructs or threatens or attempts to obstruct any person in the execution of any survey so author­ ised, or who removes or destroys any pegs, marks, or other indications used in respect of any such survey, shall be guilty 97 Part 11 s 413 Cook Islands Act 1915 Reprinted as at 3 September 2007 of contempt of the Land Court and shall be punishable accord­ ingly.
In subsection (2) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.

See the note to section 411 of this Act.


Pending and former proceedings 413 Pending proceedings may be continued All proceedings pending in the Cook Islands Land Titles Court at the commencement of this Act may be continued and com­ pleted under the corresponding provisions (if any) of this Act, and every order made therein after the commencement of this Act shall be made under and in pursuance of this Act and shall have effect accordingly.
414 Operation of orders heretofore made All orders made by the Cook Islands Land Titles Court and in force at the commencement of this Act shall continue in full force and effect.

415 Drawing up of orders heretofore made Any order made by the Cook Islands Land Titles Court which has not been drawn up, signed, and sealed before the com­ mencement of this Act may be drawn up, signed, and sealed by any Judge of the Land Court, and shall take effect as from the making thereof.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

416 Validation of former orders (1) When any question arises as to the validity of any order made by the Cook Islands Land Titles Court before the commence­ ment of this Act, and the Land Court is satisﬁed that having regard to equity and good conscience such order ought to be validated, the Land Court may by order validate the same ac­ cordingly.
(2) No such validating order shall be of any force or effect until drawn up, signed, and sealed.

98 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 12 s 419 (4) (3) No such order shall be signed or sealed until and unless it has been assented to by the Attorney­General in writing.

Every such order shall take effect as from the date of the order validated thereby.
In subsection (1) the references to the “Land Court” were substituted or refer­ ences to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964 Part 12 Customary land 417 Declaring land to be free from customary title When the High Commissioner is satisﬁed that any land vested in Her Majesty is free from the Native customary title, whether because it has never been subject thereto or because that title has been extinguished, he may, by warrant, declare the land to be Crown land free from Native customary title, and that warrant shall, so long as it remains in force, be conclusive proof of the fact so declared.
This section was substituted for the original section 417 (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
418 Validity of dispositions of land by the Crown No Crown grant, Crown lease, or other alienation or dispos­ ition of land by the Crown, whether before or after the com­ mencement of this Act, shall in any Court or in any proceed­ ings be questioned or invalidated or in any manner affected by reason of the fact that the Native customary title to that land has not been duly extinguished.
419 Native customary title limited by high­water mark (1) Native customary title, whether already judicially investigated or not, shall not extend or be deemed to have extended to any land below the line of high­water mark, and all such land, ex­ cept so far as it may have been granted by the Crown in fee simple before the commencement of this Act, is hereby de­ clared to be Crown land.
99 Part 12 s 420 Cook Islands Act 1915 Reprinted as at 3 September 2007 (2) For the purposes of this section and of section 428 of this Act, the term high­water mark means the line of medium high tide between the spring and neap tides.

Subsection (2) was added by section 17 of the Cook Islands Amendment Act 1950.
420 For certain purposes customary land to be deemed Crown (1) land For the purpose of recovering possession of customary land from any person in wrongful occupation thereof, and for the purpose of preventing any trespass or other injury thereto, or for recovering damages for any such trespass or injury, all such land shall be deemed to be Crown land.
(2) No action or other proceeding other than a proceeding by or on behalf of the Crown under the last preceding subsection shall be brought in any Court by any person for recovery of the possession of customary land, or for damages or an injunction in respect of any trespass or injury to such land.

(3) Nothing in this section shall be so construed as to take away or affect any jurisdiction conferred upon the Land Court by this Act.
In subsection (3) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964 421 (1) Investigation of title to customary land The Land Court shall have exclusive jurisdiction to investigate the title to customary land and to determine the relative inter­ ests of the owners thereof.
(2) Nothing in this section shall preclude the Land Appellate Court from determining in any appropriate proceeding other­ wise within the jurisdiction of that Court the question whether any land is customary land or not.

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
In subsection (2) the words “the Land Appellate Court” (the reference to the “Land Appellate Court” having since been substituted for a reference to the “Native Appellate Court” by section 57(4) of the Cook Islands Amendment Act 1964) were substituted for the words “the High Court or any other Court” by section 49 of the Cook Islands Amendment Act 1946.
100 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 12 s 426 422 Native customs to be recognised Every title to and interest in customary land shall be deter­ mined according to the ancient custom and usage of the Na­ tives of the Cook Islands.
423 Freehold orders On any such investigation and determination the Land Court may make an order (in this Act called a freehold order) deﬁn­ ing the area so dealt with, naming the persons found entitled thereto, and specifying their relative interests in the land.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
424 Effect of freehold orders Every freehold order shall on the sealing thereof have the effect of vesting the land therein comprised in the persons therein named as entitled thereto for a legal estate in fee simple in possession in the same manner as if the land had been then granted to those persons by the Crown; and the land shall be deemed to have been so granted accordingly, and shall thereupon cease to be customary land and shall become Native freehold land.
425 Tenancy in common When 2 or more persons are named in any freehold order as entitled to land they shall hold the same as tenants in common in the shares expressed in the order.
426 Ariki land (1) When by Native custom any land belongs to an Ariki or other Native chief by virtue of his ofﬁce the Land Court in making a freehold order in respect of that land may in such order declare accordingly, and the land shall vest in fee simple in such Ariki or Native chief and his successors in ofﬁce in the same manner as if they were a corporation sole.

For the purposes of this section tenure of ofﬁce as an Ariki .

or Native chief in any island shall be determined by any.
.enactment in force in that island with respect thereto, and in default of any such enactment, then by Native custom.

(2) 101 Part 12 s 427 Cook Islands Act 1915 Reprinted as at 3 September 2007 In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.

In subsection (2) the words “Ordinance or other” were omitted by section 3(1) of the Cook Islands Amendment Act 1965.
427 Freehold orders in favour of persons deceased If any person named as an owner in any freehold order is dead before the sealing of the order, the order shall enure for the beneﬁt of such person or persons as may be entitled in accord­ ance with Native custom to succeed to the interest of the de­ ceased; and a succession order may be made in favour of any such person accordingly in the same manner and with the same effect as if the deceased had died intestate after the sealing of the freehold order.
428 Land the title to which has been heretofore investigated declared to be freehold land (1) All Native land the title to which has been judicially investi­ gated before the commencement of this Act, and which is held under any order or instrument of title made or issued by the Cook Islands Land Titles Court, is hereby declared to be Na­ tive freehold land vested for a legal estate in fee simple in the persons declared by that order or instrument of title to be the owners thereof or in their successors in title in the same man­ ner as if a freehold order had been made under this Act, but subject to all rights, titles, estates, or interests lawfully vested in any other person.
(2) When 2 or more such owners are so entitled in fee simple to any land they shall hold the same as tenants in common and in the same shares in which they own the same at the commence­ ment of this Act.

(3) Nothing in this section shall extend to lands below the line of high­water mark.
102 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 13 s 432 Part 13 Partition and exchange of Native land Partition orders 429 (1) (2) Jurisdiction to partition Native land The Land Court shall have exclusive jurisdiction to partition Native freehold land.
Such jurisdiction shall be discretionary, and the Court may refuse to exercise the same in any case in which it is of opinion that partition would be inexpedient in the public interest or in the interests of the owners or other persons interested in the land.

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
430 Partition orders (1) Native freehold land may be partitioned by the making of par­ (2) tition orders.

Each such order shall constitute without any conveyance or other instument of assurance the title to the parcel of land therein included.
431 Apportionment of encumbrances on partition When a partition order is made the Court may, in that order or in any subsequent order, apportion between the several parcels into which the land has been partitioned all rights, obligations, or liabilities arising from any lease, licence, charge, or other encumbrance to which the land is subject at the date of the par­ tition thereof; and any such order shall have effect according to its tenor in the same manner in all respects as if all neces­ sary conveyances, assignments, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned.
432 Mode of partition The Court may partition land either into parcels held by sin­ gle owners in severalty or into parcels held by any number of owners or tenants in common in such shares as may be ex­ 103 Part 13 s 433 Cook Islands Act 1915 Reprinted as at 3 September 2007 pressed in the partition order, or may partition the land partly in one manner and partly in the other.
433 Land to be partitioned into suitable areas It shall be the duty of the Court so to exercise its jurisdiction in the matter of partition as to avoid, so far as practicable, the subdivision of any land into areas which because of their smallness or their conﬁguration or for any other reason are unsuitable for separate ownership or occupation.
434 Combination of several areas of land for purpose of partition When the whole or any of the owners in common of one area of land are also the whole or any of the owners in common of any other area or areas of land the Court may, for the purpose of partition as between those owners, treat those several areas as a single area owned by them in common and make an order or orders of partition thereof accordingly.
435 Payments by way of equality of partition (1) When by reason of the smallness of the undivided shares or for any other reason the Court is of opinion that it is inexpedient or impracticable to partition any area in exact accordance with the respective shares of the owners, the Court may, in parti­ tioning that area, allot to any owner a parcel greater in value than that to which he is otherwise entitled, and may allot to any other owner a parcel proportionately less than that to which he is otherwise entitled.
The value of the parcel so allotted to any owner shall in no case be less than two­thirds of the full value to which he is otherwise entitled.

The deﬁciency in the value of any such parcel shall be deter­ mined by the Court, and shall be stated in the partition orders, and shall be expressly constituted by those orders a charge upon the parcel which possesses the corresponding excess of value.
(3) (2) 104 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 13 s 440 436 Trustees on partition The trustee for a Native or descendant of a Native under dis­ ability of an interest in land partitioned shall continue to be trustee for that Native or descendant of a Native of any inter­ est to which that Native or descendant of a Native is entitled under the partition order.

The words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
437 Encumbrances or undivided interests on partition When an undivided share owned by any person in Native land is subject to any right or interest vested in any other person, that right or interest shall attach to and affect any parcel which on a partition of the land is allocated to the owner of that un­ divided share.
Orders of exchange Jurisdiction to effect exchange of Native land 438 (1) An alienation of Native freehold land by way of exchange may be effected by the Land Court by means of an order of exchange in accordance with the provisions hereinafter con­ tained.

The making of any such order shall be in the discretion of the Court.

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
(2) 439 Exchange of freehold interests only Any freehold interest in Native freehold land may be so ex­ changed for a freehold interest in any other Native freehold land or in European or Crown land.

440 Conditions of exchange The Court shall not make an order of exchange unless satisﬁed as to the following matters: (a) That the exchange is not contrary to the interests of the.

.
.owners affected thereby: 105 Part 13 s 441 Cook Islands Act 1915 Reprinted as at 3 September 2007 (b) (c) (d) That the interests to be so exchanged are approximately equal in value: That where the interests so exchanged are unequal in value a sufﬁcient sum of money by way of equality of exchange has been actually paid, or sufﬁcient secur­ ity for the payment thereof has been given or obtained, whether by way of a charge under the provisions here­ inafter contained or otherwise: That all Natives and other persons in whom any interest so to be exchanged is vested consent to the exchange.
In paragraph (a) the word “Native” was omitted by section 11(3) of the Cook Islands Amendment Act 1950.

441 Exchange for Crown land The consent of Her Majesty to any such exchange of Crown land may be given by the High Commissioner.

This section was substituted for the original section 441 (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
442 Effect of order of exchange An order of exchange shall operate according to its tenor to transfer and vest the respective interests expressed to be thereby exchanged in the same manner as if all necessary instruments of assurance had been lawfully executed by and between all persons interested, and as if they had all been fully competent in that behalf.
443 Payment for equality of exchange When any money is payable by any person by way of equality of exchange in pursuance of an order of exchange the Court may, in and by the order of exchange or by a separate charging order, constitute that money a charge upon any interest owned by that person in any Native land, and the money so charged shall be payable in accordance with the tenor of the order.
106 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 14 s 445 444 Land obtained in exchange becomes Native land When any Crown land or European land becomes vested in a Native or descendant of a Native by an order of exchange such land shall thereupon become Native freehold land.

The words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
Part 14 Native succession 445 Wills of Natives (1) No will made by a Native or descendant of a Native shall have any force or effect with respect to his interest in Native land.
(2) No will made by a Native shall be valid unless one of the at­ testing witnesses thereof is— (a) (b) A Judge of the High Court, a Judge of the Land Court, a Solicitor of the High Court of New Zealand, a Justice of the Peace of the Cook Islands other than Niue, a Justice of the Peace for Niue, a Resident Agent or any person for the time being exercising the functions of a Resident Agent, a Registrar of the High Court, or a Registrar of the Land Court; or In the case of a will executed in the Island of Rakahanga, the Island of Mitiaro, the Island of Palmerston, the Is­ land of Manuae, or the Island of Nassau, one of the per­ sons referred to in paragraph (a) of this subsection or an employee of the Cook Islands Public Service as deﬁned in section 76 of the Cook Islands Amendment Act 1957.
Every person referred to in subsection (2) of this section so attesting the will of a Native shall, before attesting the same, satisfy himself that the testator understands the effect thereof, and shall certify on the will that he believes the testator to understand the effect thereof; but no will shall be invalidated or be deemed to be informally attested by reason of any breach of the provisions of this subsection.
(3) (4) Notwithstanding anything in the 2 last preceding subsections, a will may be executed by a Native in any place out of the Cook Islands in the same manner as if he was a European.

In subsection (1) the words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
107 Part 14 s 446 Cook Islands Act 1915 Reprinted as at 3 September 2007 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Subs (2) was substituted for the original subsection (2) (as amended by section 9(a) of the Cook Islands Amendment Act 1956) by section 11(1) of the Cook Islands Amendment Act 1962.
In subsection (2)(a) the references to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

In subsection (3) the words “person referred to in subsection (2) of this section” were substituted for the words “such Resident Agent or ofﬁcer” (as amended by section 9(b) of the Cook Islands Amendment Act 1956) by section 11(2) of the Cook Islands Amendment Act 1962.
446 Succession to deceased Natives The persons entitled on the death of a Native to succeed to his real estate, and to his personal estate so far as not disposed of by his will, and the persons entitled on the death of a des­ cendant of a Native to succeed to his interest in Native free­ hold land, and the shares in which they are so entitled, shall be determined in accordance with Native custom so far as such custom extends; and shall be determined, so far as there is no Native custom applicable to the case, in the same manner as if the deceased was a European.
The words “and the persons entitled on the death of a descendant of a Native to succeed to his interest in Native freehold land,” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
447 Native land not to vest in administrators The interest of a Native or descendant of a Native in Native land shall in no case vest in his administrator by virtue of let­ ters of administration, but shall in every case vest, on the death of that Native or descendant of a Native, in the person or per­ sons entitled to succeed thereto, and if there is more than one such person, then as tenants in common in the shares in which they are so entitled.
The words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
448 Succession orders On the death of a Native or descendant of a Native leaving any interest in Native freehold land the Land Court shall have 108 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 14 s 452 exclusive jurisdiction to determine the right of any person to succeed to that interest, and may make in favour of every per­ son so found to be entitled (hereinafter called a successor) an order (hereinafter called a succession order) deﬁning the inter­ est to which he is so entitled.
The words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
449 Effect of succession order A succession order shall, while it remains in force, be conclu­ sive proof of the title of the successor therein named to suc­ ceed to the interest therein named if and so far as such interest formed part of the estate of the deceased.
450 Revocation of succession orders A succession order made in error may be at any time revoked by the Land Court, but no such revocation shall affect any interest theretofore acquired in good faith and for value by any person claiming through the successor nominated by the order so revoked.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
451 No action without succession order No successor shall be capable of instituting in any Court, other than the Land Court, any action or other proceeding relating to his interest as such successor until and unless a succession order has been made in his favour.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
452 No alienation without succession order No successor shall be capable of making any alienation or dis­ position of the interest acquired by him as successor (other than an alienation or disposition by will in the case of a Euro­ pean) until and unless a succession order has been made in his favour.
109 Part 14 s 453 Cook Islands Act 1915 Reprinted as at 3 September 2007 453 Native land not assets for payment of debts The interest of a Native or descendant of a Native in Native freehold land and the interest of any person in customary land shall not upon his death be assets available for the payment of his debts and liabilities, whether to the Crown or otherwise; but this section shall not affect the operation of any charge to which that land is subject at the death of the deceased.
The words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

454 Estate of Native other than land to be assets for payment of debts The estate of a Native (other than his interest in Native land) shall upon his death be assets for the payment of his debts and liabilities in the same manner and to the same extent as if he had been a European.
455 Interest in Native land to include all things growing on or attached to land For the purposes of this Act the interest of any person in Native land shall be deemed to include his interest in all timber and other things growing on the land (including industrial crops) and in all things which are so attached to the land as to form part thereof as between the heir and the executor of a deceased freeholder at common law.
Part 15 Adoption of children by Natives 456 Adoption by Native custom invalid No adoption by Native custom, whether made before or after the commencement of this Act, shall be of any force or effect whether in respect of intestate succession or otherwise.
457 Validity of adoption heretofore registered Any adoption lawfully made and registered in the Cook Islands Land Titles Court before and subsisting at the com­ mencement of this Act shall, as from the commencement of 110 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 15 s 461 this Act, have the same force and effect as if lawfully made by an order of adoption under this Part of this Act.
458 Orders of adoption The Land Court shall have jurisdiction to make an order (here­ inafter called an order of adoption) for the adoption of a child by a Native.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

459 Applications for adoption (1) No such order shall be made except on the application of the adopting parent.
(2) Any such application may be made jointly by a husband and wife, and in such case the order of adoption may be made in favour of both or either of the applicants.

460 Who may be adopted No person other than a Native or the descendant of a Native (whether legitimate or illegitimate) shall be capable of being adopted by a Native.
461 Conditions of adoption (1) No order of adoption shall be made unless the Court is satis­ ﬁed— (a) (b) (c) (d) That the child to be adopted is under the age of 21 years: That the adopting parent (if unmarried) is at least 30 years older than the child: That the child, if it is in the opinion of the Court above the age of 12 years, consents to the adoption: That the adopting parent is a ﬁt and proper person to have the care and custody of the child and of sufﬁcient ability to maintain the child, and that the adoption will not be contrary to the welfare and interests of the child.
This subsection was added by s 91(1) of the Cook Islands Amendment Act 1957 and repealed by s 2(1) of the Cook Islands Amendment Act 1966.

In subsection (1)(a) the words “21 years” were substituted for the words “ﬁf­ teen years” by section 15(a) of the Cook Islands Amendment Act 1963.
(2) 111 Part 15 s 462 Cook Islands Act 1915 Reprinted as at 3 September 2007 462 Consent of natural parents required No order of adoption shall be made without the consent of the parents or of the surviving parent (if any) of the child, whether that child is legitimate or illegitimate, save that no such consent shall be required in the case of any parent as to whom the Court is satisﬁed that he has deserted the child, or that he is for any reason unﬁt to have the custody and care of the child.
463 Adoptions by more than one person No child adopted by any adopting parent shall in the lifetime of that parent and while the order of adoption remains in force be adopted by any other person save the husband or wife of that parent.
464 Annulment of orders of adoption An adoption made under this Part of this Act and an adoption lawfully made and registered in the Cook Islands Land Titles Court before the commencement of this Act may at any time be annulled by the Land Court on any ground which the Court thinks sufﬁcient, on the application of the adopting parent or of the adopted child.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
465 Effect of adoption An order of adoption shall have in respect of succession to the estate of any Native the same operation and effect as that which is attributed by Native custom to adoption by Native custom.
465A Effect of orders of adoption on interests in Native land No order of adoption, other than an order made under this Part of this Act or under section 9 of the Cook Islands Amendment Act 1921 or under Part 20A of this Act shall have any force or effect in respect of succession to any interest in Native land.

This section was inserted by section 10(1) of the Cook Islands Amendment Act 1956.

The words “or under Part 20A of this Act” were inserted by section 15(c) of the Cook Islands Amendment Act 1963.
112 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 16 s 469 Part 16 Alienation of Native land Restrictions on alienation 466 Removal of restrictions on alienation (1) All prohibitions or restrictions on the alienation of land by a Native or on the alienation of Native land which before the commencement of this Act have been imposed by any enact­ ment or by any order of any Court or by any instrument of title are hereby removed, and shall with respect to any alienation made after the commencement of this Act be of no force or effect.
Subject to the provisions of this Act, a Native or descendant of a Native may alienate or dispose of any land or of any interest therein in the same manner as a European, and Native land or any interest therein may be alienated or disposed of in the same manner as if it was European land.

In subsection (2) the words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
(2) 467 Alienation of customary land prohibited No person shall be capable of making, whether by will or otherwise, and whether in favour of a Native or of a European or of the Crown, any alienation or disposition of customary land or of any interest therein.
468 Alienation in fee simple prohibited No Native or descendant of a Native shall be capable of alien­ ating (otherwise than to the Crown for public purposes) Native freehold land for an estate in fee simple or for any other free­ hold interest whether legal or equitable.

The words in square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
469 Alienation for a longer period than 60 years prohibited (1) No Native or descendant of a Native shall be capable of alienating (otherwise than to the Crown) Native freehold land whether by way of lease, licence, easement, right of taking 113 Part 16 s 470 Cook Islands Act 1915 Reprinted as at 3 September 2007 (2) (3) the proﬁts thereof, or otherwise howsoever, for a longer term (including any term or terms of renewal to which the lessee, licensee, or other alienee may be entitled) than 60 years computed from the time when the alienation takes effect in possession according to the tenor thereof.
Every such alienation shall be made so as to take effect in possession within one year from the date of the ﬁrst execution of the instrument of alienation by any party thereto.

Subject to the provisions of this section as to the maximum duration thereof, every such alienation may confer upon the lessee, licensee, or other alienee a right of renewal for one or more terms.

In subsection (1) the words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
470 Alienation by way of security prohibited No Native or descendant of a Native shall be capable of alien­ ating Native freehold land by way of mortgage, charge, or other form of security.

The words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
471 Alienation of things growing on or attached to land deemed an alienation of land For the purposes of this Act a contract of sale of timber, min­ erals, crops, or other valuable things attached to or forming part of Native land, or being the produce thereof, shall be deemed to be an alienation of that land, unless the thing so sold or agreed to be sold has been severed from the land before the making of the contract, or is by the terms of the contract to be severed from the land within one year after the making of the contract.
472 Disposition of life interest to be deemed an alienation of land When a life interest in Native freehold land or any other free­ hold interest less than the fee simple is vested in a Native or descendant of a Native an alienation or disposition of that in­ terest by that Native or descendant of a Native shall be deemed 114 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 16 s 474 to be an alienation of Native land by that Native or descendant of a Native, and all the provisions of this Act with respect to alienation of Native land shall apply accordingly.
The words “or descendant of a Native”, in each of the three places where they occur, were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
473 Assignment of rents or proﬁts prohibited No Native or descendant of a Native shall be capable of making any assignment, charge, release, or other disposition (whether by way of anticipation or otherwise) of any rent or other money whatever which is or may become receivable by him in respect of his interest in any Native land or in respect of any alienation thereof, or of receiving or giving a discharge for any such rent or money more than one year in advance of the due date thereof.
The words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
474 Alienation by trustees of Native land (1) All the provisions of this Part of this Act relating to alienations of Native land by a Native or descendant of a Native (includ­ ing the requirement of conﬁrmation) shall extend and apply to the alienation of Native land by a trustee (whether Native or European) appointed by the Land Court under this Act in re­ spect of the estate of a person under disability.
(2) Notwithstanding anything in this section, the provisions of this Act as to the formalities of the execution of instruments of alienation shall not apply to instruments executed by Euro­ pean trustees, and every such instrument of alienation may be executed in the same manner as if the land was European land.

In subsection (1) the words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
115 Part 16 s 475 Cook Islands Act 1915 Reprinted as at 3 September 2007 Execution of instruments of alienation 475 Alienations must be in writing (1) Every alienation of Native land by a Native or descendant of a Native shall be effected by an instrument in writing signed in duplicate by that Native or descendant of a Native and in conformity with the provisions of this section.
The signature of the Native or descendant of a Native shall be attested by a Judge or Registrar of the Land Court or of the High Court or by a Judge of the Land Appellate Court or by the High Commissioner, a Resident Agent, Collector of Customs, or Medical Ofﬁcer or by a Solicitor of the High Court of New Zealand.
The attesting witness shall at the same time certify in writ­ ing on the instrument that the effect of the instrument was ex­ plained to the Native or descendant of a Native before the exe­ cution thereof by him, and that the Native or descendant of a Native understood the effect thereof.

Every such instrument shall describe the land affected thereby by reference to a plan endorsed or otherwise drawn on the in­ strument before the execution thereof by the Native or des­ cendant of a Native.
(2) (3) (4) (5) No witness shall attest the signature of a Native or descendant of a Native to any such instrument unless the date on which the instrument is executed by that Native or descendant of a Native is stated in the instrument.

Subject to the operation of a conﬁrmation by the Land Court, no alienation by a Native or descendant of a Native of any Native land shall have any validity or effect unless made in conformity with this section.
(6) (7) No alienation of Native land by a Native or descendant of a Native by way of contract shall, unless that contract is in con­ formity with this section, be enforceable against that Native or descendant of a Native by reason of part performance or other­ wise.
(8) Nothing in this section shall exclude the jurisdiction of the High Court, in any case in which an instrument of alienation has been conﬁrmed by the Land Court, to order the rectiﬁca­ tion of that instrument in accordance with the true intent of the 116 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 16 s 476 parties in the same manner as if the instrument had been made between Europeans, and in such a case no further conﬁrmation by the Land Court shall be required.
In subsections (1)­(7) the words “or descendant of a Native” were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

In subsection (2) the references to the “Land Court” and “Land Appellate Court” were substituted for references to the “Native Land Court” and the “Native Appellate Court” by section 57(4) of the Cook Islands Amendment Act 1964.
In subsection (2) the words in the third set of single square brackets (as now amended by section 57(4) of the Cook Islands Amendment Act 1964) were inserted by section 51 of the Cook Islands Amendment Act 1946.

In subsection (2) the words in the fourth set of single square brackets were sub­ stituted for the words the “High Commissioner”, a Resident Commissioner, (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by sec­ tion 2(1) of the Cook Islands Amendment Act 1966.
In subsection (2) the words in the ﬁfth set of single square brackets were added by section 11 of the Cook Islands Amendment Act 1956.

In subsections (6) and (8) the reference to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
(2) 476 Execution of instruments out of the Cook Islands (1) Notwithstanding any of the requirements of this Act as to the execution of instruments of alienation of Native land by Na­ tives or descendants of Natives, a Native or descendant of a Native who at the time of the execution of any such instru­ ment is out of the Cook Islands may execute that instrument by his attorney The instrument shall be executed by the attorney in the same manner as if he was the attorney of a European.
The power of attorney, if executed in the Cook Islands, shall be executed in the same manner as if it was an instrument of alienation of Native land; and if executed out of the Cook Islands shall be executed in the same manner as if the person executing the same was a European.

In subsection (1) the words in both sets of square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950, and the words “being a European” were omitted by section 20 of the Cook Islands Amendment Act 1961.
(3) 117 Part 16 s 476A Cook Islands Act 1915 Reprinted as at 3 September 2007 476A Execution of renewals of leases (1) Notwithstanding any of the requirements of this Act as to the execution of instruments of alienation of Native land by Na­ tives or descendants of Natives, the lessee under any lease of Native land (whether granted before or after the commence­ ment of this section) who claims that he is entitled to a renewal of his lease may apply to the Land Court for an order directing the Registrar of the Court to execute, as agent of the owners, an instrument of renewal in accordance with the terms of the lease, and, if the Court is satisﬁed that— (a) (b) The lessee is entitled to such a renewal; and It is likely to be unduly difﬁcult for the lessee to obtain within a reasonable time the execution by all the owners of an instrument of renewal in accordance with the pro­ visions of the lease,— the Court may make an order accordingly.
(2) On the making of an order under this section the Registrar shall have authority in accordance with the terms of the order to exe­ cute the renewal of the lease as if he were the duly appointed agent of the owners.

(3) Nothing in this section shall be construed to limit the authority of the High Court to make an order for speciﬁc performance or to grant a lessee any other relief in respect of the default of the owners to renew any lease.
This section was inserted by section 18 of the Cook Islands Amendment Act 1961.

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.

477 Conﬁrmation necessary Conﬁrmation No alienation of Native land by a Native or descendant of a Native shall have any force or effect until and unless it has been conﬁrmed by the Land Court.
The words in the ﬁrst set of square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
118 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 16 s 481 478 Application for conﬁrmation (1) No such conﬁrmation shall be granted unless application therefor is made by or on behalf of a party to the instrument of alienation within 6 months after the execution thereof by the Native or descendant of a Native.
(2) When an instrument of alienation is executed at different times by different persons alienating, successive applications for conﬁrmation may be made in respect of the successive executions of the instrument, and the instrument may be conﬁrmed from time to time accordingly.

In subsection (1) the words in square brackets were added by section 11(3) of the Cook Islands Amendment Act 1950.
479 Orders of conﬁrmation (1) Conﬁrmation shall be granted by an order of conﬁrmation en­ dorsed or otherwise written on each duplicate of the instrument of alienation, signed by a Judge of the Court, and sealed with the seal of the Court.

(2) One of such duplicates shall thereupon be retained as a record of the Court, and the other shall be delivered to the party en­ titled thereto.

There shall be no appeal from any such order of conﬁrmation or from any refusal thereof.
(3) 480 Effect of conﬁrmation On conﬁrmation being so granted the instrument of alienation shall (if otherwise valid) take effect according to its tenor as from the date at which it would have taken effect if no such conﬁrmation had been required.
481 Conﬁrmation of inconsistent instruments If conﬁrmation is granted of 2 or more inconsistent instru­ ments of alienation of the same land, the priority of those in­ struments as against each other shall depend upon the respect­ ive dates of conﬁrmation, and not upon the dates of the execu­ tion of the instruments.
119 Part 16 s 482 Cook Islands Act 1915 Reprinted as at 3 September 2007 482 Conditions of conﬁrmation (1) Subject to the provisions of this section, the conﬁrmation of an alienation shall be in the discretion of the Court.
(2) No alienation shall be conﬁrmed unless the Court is satisﬁed as to the following matters: (a) That the mode of execution of the instrument of alien­ ation is in conformity with this Act; That the alienation is not contrary to equity or good faith or to the interests of the persons alienating or to the public interest; and That the consideration (if any) for the alienation is ad­ equate.
(b) (c) (3) (4) The Court may, nevertheless, in its discretion conﬁrm an alien­ ation, notwithstanding any informality or irregularity in the mode of execution of the instrument, if satisﬁed that the infor­ mality or irregularity is immaterial, having regard to the inter­ ests of all the parties, and that all the parties consent to such conﬁrmation.

(5) No instrument of alienation shall after conﬁrmation thereof be questioned or invalidated on account of any defect in the form or mode of execution thereof.
In subsections (2)(b) and (3) the word “persons” was substituted for the word “Natives” by section 11(3) of the Cook Islands Amendment Act 1950.

Section 482(3) was repealed by section 2 of 1982 No 65.
483 Alienation in pursuance of conﬁrmed contracts When any valid contract to grant or renew a lease, or any other valid contract of alienation has been duly conﬁrmed, the con­ ﬁrmation of any lease or other instrument of alienation in pur­ suance of that contract shall, if duly executed in accordance with this Act, be granted as a matter of right.
484 Alteration of instruments on conﬁrmation (1) On an application for conﬁrmation the Court may, with the consent of all parties to the instrument of alienation, make, under the seal of the Court, such alterations in that instrument as may be thought necessary in order to justify conﬁrmation, and may thereupon conﬁrm the alienation.
120 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 16 s 487 (2) The instrument of alienation as so altered shall, if otherwise valid, take effect as if such alterations had been made prior to the execution thereof.
485 Validity and operation of conﬁrmed instruments Save so far as otherwise expressly provided by this Part of this Act, the validity and operation of an instrument of alienation of Native land shall, notwithstanding the conﬁrmation thereof, be determined in the same manner in all respects as if such conﬁrmation was not required and had not been obtained.
486 Alienations to the Crown The provisions of this Part of this Act shall, except where otherwise expressly provided, extend to alienations of Native land to the Crown.
Native reservations (2) 487 Establishment of Native reservations (1) The High Commissioner may, by warrant, set apart and reserve any Native land, whether freehold or customary, or any part thereof as a Native reservation for the purposes of a burial ground, ﬁshing ground, village site, landing place, place of historical or scenic interest, source of water supply, church site, building site, recreation ground, bathing place, or any other speciﬁed purpose whatsoever.
The High Commissioner may, by warrant, declare any other Native land to be included in any Native reservation, and there­ upon the land shall form part of that reservation accordingly.

(3) No warrant pursuant to the provisions of subsections (1) and (2) of this section shall be made except on the recommendation of a Judge of the Land Court.
Every such recommendation shall be accompanied by a report and a statement that the Judge has satisﬁed himself that the owner of the Native land, if there is only one, or both owners of the Native land, if there are 2, or, if there are more than 2 owners, a majority of the owners who are ordinarily resident in the Cook Islands have assented to the constitution of their land as a Native reservation and that those owners who are not (4) 121 Part 16 s 488 Cook Islands Act 1915 Reprinted as at 3 September 2007 (5) ordinarily resident in the Cook Islands will not suffer undue hardship as a result of the operation of the proposed order.
Every Native reservation under this section shall be held for the common use or beneﬁt of the owners or of Natives of the class or classes speciﬁed in the warrant.

For the purposes of this subsection the term Natives includes persons who are des­ cendants of Natives.

Ss 487 and 488 were substituted for the original sections 487 and 488 by section 92 of the Cook Islands Amendment Act 1957.
In subsections (1) and (2) the words in double square brackets were substituted for the words “the Governor­General in the case of land situated in Niue, may, by Order in Council, and the High Commissioner, in the case of any other land, may, by warrant” (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (3) the word “warrant” was substituted for the words “Order in Council or warrant” (as amended by section 3(1) of the Cook Islands Amend­ ment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (3) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
In subsection (5) the word “warrant” was substituted for the words “Order in Council or warrant” (as amended by section 3(1) of the Cook Islands Amend­ ment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
488 Revocation or variation of reservation (1) On the recommendation of a Judge of the Land Court, any Order in Council made before the commencement of the Cook Islands Amendment Act 1965 or warrant of the High Commis­ sioner constituting a Native reservation or including land in a Native reservation may be at any time revoked by the High Commissioner, by warrant, or may at any time be varied in like manner, whether as to the boundaries of the land included in the reservation or as to the purposes thereof.
(2) Where by reason of the revocation or variation of any Order in Council or warrant under this section any land ceases to be a Native reservation or part of a Native reservation, the land shall vest, as of its former estate, in the persons in whom it was vested immediately before it was constituted as or included in the Native reservation, or in their successors.

In any such case the Land Court may make an order vesting the land in the person or persons found by it to be entitled thereto.
122 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 16 s 491 Sections 487 and 488 were substituted for the original sections 487 and 488 by section 92 of the Cook Islands Amendment Act 1957.

Subs (1) of section 488 was substituted for the original subsection (1) (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (2) of section 488 the words in the ﬁrst set of double square brack­ ets were inserted by section 3(1) of the Cook Islands Amendment Act 1965, and the reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
489 Reservations inalienable Land included in a Native reservation shall be inalienable, whether to the Crown or to any other person, and whether by will or otherwise; and no freehold order, partition order, or order of exchange shall be made in respect thereof.

490 Management and control of Native reservations The management and control of any Native reservation shall be as prescribed by an Act of the Legislative Assembly or by Ordinance.
This section was substituted for the former section 490 (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
Miscellaneous 491 Native land not to be taken in execution (1) No interest of any person in customary land, and no interest of a Native or descendant of a Native in Native land, shall be capable of being taken in execution or otherwise rendered available by any form of judicial process for the payment of his debts or liabilities, whether in favour of Her Majesty or in favour of any other person.

(2) Nothing in this section shall affect the operation of any charge to which Native land is subject.
In subsection (1) the words in the ﬁrst set of square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

123 Part 16 s 492 Cook Islands Act 1915 Reprinted as at 3 September 2007 492 Payment into Land Court of rents and other proceeds of alienation (1) Unless in any case the Court otherwise directs, all proceeds derived from any alienation of Native land conﬁrmed by the Court after the commencement of this section shall be paid into the Land Court.
(3) (2) Upon application made to it by the lessee or any person owing money to Natives or the descendants of Natives in respect of any alienation of Native land conﬁrmed by the Court before the commencement of this section, the Court may, by order, direct that all or any of that money shall be paid into the Land Court, whether the money is already due or owing or not.
The receipt of the Registrar of the Land Court shall be a sufﬁ­ cient discharge for any money so paid in the same manner as if that money had been then paid to the persons entitled thereto.

(4) All money so paid into the Land Court shall be paid out of Court to the persons entitled thereto, as determined by any order of the Court.
There shall be paid to the Registrar of the Land Court together with any money paid into the Court under this section (not be­ ing money paid by the Crown) a commission at the following rates: (a) (5) In the case of a payment made in respect of an alienation conﬁrmed after the commencement of this section, at the rate of 5 percent of the money paid: In the case of a payment made in respect of an alienation conﬁrmed before the commencement of this section, at the rate of 2½ percent of the money paid: (b) Provided that the Court, having regard to the amount of money paid, to the number of persons entitled thereto, and to any other relevant matters, may from time to time direct that a lower rate of commission be paid in any speciﬁed case.
This section was substituted for the original section 492 (as amended by section 11(3) of the Cook Islands Amendment Act 1950) by section 12(1) of the Cook Islands Amendment Act 1963.

In subsections (1)­(5) the references to the “Land Court” were substituted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
124 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 17 s 495 Part 17 Trustees for Natives 493 Deﬁnition of person under disability In this Part of this Act the term person under disability means any person who is a minor, or of unsound mind, or in prison, or who is subject to any physical or mental inﬁrmity which in the opinion of the Land Court renders him unﬁt to have the management of his property.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
494 Trustee orders If any Native being a person under disability is entitled to any interest in any real or personal property (other than customary land) or if any descendant of a Native being a person under disability is entitled to any interest in Native freehold land, or if any European being a person under disability is entitled to any undivided share in Native freehold land, the Land Court may, if it thinks ﬁt, on the application of that person or of any other person, make an order (hereinafter called a trustee order) appointing any person or persons to be the trustee or trustees of the person so under disability in respect of the property or any part thereof to which he is so entitled (hereinafter called the trust property).
The words in the ﬁrst set of square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

495 Matters to be set forth in trustee orders (1) Every trustee order shall state the nature of the disability of the beneﬁciary, and if that disability consists in minority the order shall state the age of the beneﬁciary.
Except where the order states the day of the birth of the bene­ ﬁciary, any such statement as to his age shall be construed as meaning that he attained that age on the date of the order, but it shall not be necessary for the Court in making any such order to make any inquiry as to the day of the birth of the beneﬁciary.
(2) 125 Part 17 s 496 Cook Islands Act 1915 Reprinted as at 3 September 2007 (3) Any such statement as to the age of the beneﬁciary may be amended, but, notwithstanding any error in that statement, every act done at any time by the trustee shall be as valid as if the statement for the time being contained in the trustee order was correct, and no act done by the beneﬁciary in respect of the property comprised in the order after the date therein indicated as the date of his majority shall be invalidated on the ground that the beneﬁciary was not in fact of the age of 21 years.
Every trustee order shall deﬁne the nature of the property in respect of which it was made and the nature of the interest of the beneﬁciary therein.

(4) 496 Appointment of new trustees (1) Where it is made to appear to the Land Court that it is expedi­ ent to appoint a new trustee, the Court may, by a trustee order, appoint a new trustee or new trustees either in substitution for or in addition to any existing trustee, and whether there is any existing trustee or not at the time of making the order.
(2) Any person so appointed shall, unless otherwise provided by the order, have the same powers as if appointed by the original order.

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
497 Orders restricting powers of trustees By a trustee order or by any subsequent order the Court may prohibit or restrict, in such manner as it thinks ﬁt, the exercise by the trustee of any powers which would otherwise be vested in him under this Act, and the Court may at any time remove or vary any such prohibition or restriction.

498 Cancellation of trustee orders The Court may at any time make an order cancelling or varying a trustee order.
499 Determination of trustee orders When a trustee order has been made on the ground of the mi­ nority of the beneﬁciary, the powers of the trustee shall cease 126 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 17 s 502 and determine, without any order in that behalf, so soon as the beneﬁciary attains his majority, and the trustee order shall thereupon cease to be in force.
500 Trust property not to vest in trustee Notwithstanding anything to the contrary in any rule of law or equity, the trust property shall not vest in a trustee appointed by a trustee order, but shall remain vested in the beneﬁciary for the same estate and interest as if no such order had been made.
501 Administration of property by trustee Subject to this Part of this Act and to any order of the Land Court to the contrary, every such trustee shall be entitled to the possession, receipt, and administration of the trust property and of all revenues to be derived therefrom, and he shall in the exercise of all powers conferred upon him by this Act be deemed to be the agent of the beneﬁciary.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
502 Alienation of property by trustee (1) Except so far as expressly provided by order of the Land Court, any such trustee shall in respect of the alienation or other dis­ position of any Native land or other property included in the trust (other than an alienation or disposition thereof by will) represent the beneﬁciary, and may accordingly exercise in the name and on behalf of the beneﬁciary all powers in respect of the alienation or other disposition of any such land or prop­ erty which the beneﬁciary might himself have exercised had he been under no disability and had no such trustee been ap­ pointed.
So long as any trustee order remains in force the beneﬁciary shall not be capable of exercising any powers in respect of the alienation or disposition of the trust property, other than a disposition thereof by will if he is possessed of testamentary capacity.

(2) 127 Part 17 s 503 Cook Islands Act 1915 Reprinted as at 3 September 2007 In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
503 Powers of trustee Except so far as otherwise provided by order of the Land Court, any such trustee may do, in the name and on behalf of the beneﬁciary, all things in relation to the trust property which he considers necessary or expedient for the advanta­ geous administration of that property in the interests of the beneﬁciary, and which the beneﬁciary could himself have done had he been under no disability and had no such trustee been appointed.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

(2) 504 Expenditure of revenues of trust property (1) The Land Court may from time to time make such orders as it thinks ﬁt for the payment or expenditure of any of the revenues or proceeds of the trust property to or for the beneﬁt of the beneﬁciary, or for the maintenance of the children, adopted children, wife, or husband of the beneﬁciary.
The right of the beneﬁciary to the receipt or expenditure of any such money, and his right in any other respect to control the administration of the trust, shall at all times while the trustee order remains in force be subject to the discretion of the trustee and to the order of the Court.

In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.
505 Enforcement of trusts The Land Court shall have jurisdiction to enforce, by injunc­ tion or otherwise, as against any trustee under this Part of this Act, the obligations of his trust, and to hear and determine as against any such trustee any pecuniary claim arising out of a breach of trust.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
128 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 18 s 510 506 Co­trustees must act jointly When 2 or more trustees hold ofﬁce under any trust order in respect of the same property, those trustees must act jointly in the exercise of the trust, and no such powers shall be exer­ cisable by less than the full number of trustees so appointed, notwithstanding the existence of any vacancy in that number.
507 Remuneration of trustees Any such trustee may be allowed out of the revenues or pro­ ceeds of the trust property, by way of remuneration for his services in administering that property, such reasonable sums as the Land Court from time to time orders, in addition to all costs, charges, and expenses incurred by him in the execution of his trust.

The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
Part 18 Marriage 508 Prohibited degrees of consanguinity With respect to marriage the prohibited degrees of consanguin­ ity and afﬁnity shall be the same in the Cook Islands as for the time being in New Zealand, and every marriage entered into between persons within those prohibited degrees shall be wholly void.
509 Marriages to take place before marriage ofﬁcer Every marriage in the Cook Islands shall take place in the pres­ ence of a marriage ofﬁcer as hereinafter deﬁned, and of at least 2 other witnesses, and otherwise shall be wholly void.
510 Marriage ofﬁcer deﬁned Any Resident Agent: The term marriage ofﬁcer means and includes— (a) (b) Any Judge or Registrar of the High Court or of the Land Court or any Judge of the Land Appellate Court: Any person appointed as a marriage ofﬁcer under the provisions hereinafter contained.
(c) 129 Part 18 s 511 Cook Islands Act 1915 Reprinted as at 3 September 2007 Para (a) was substituted for the former paragraph (a) (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

In paragraph (b) the references to the “Land Court” and “Land Appellate Court” were substituted for references to the “Native Land Court” and the “Native Appellate Court” by section 57(4) of the Cook Islands Amendment Act 1964.
In paragraph (b) the words in the second set of single square brackets (as now amended by section 57(4) of the Cook Islands Amendment Act 1964) were added by section 52 of the Cook Islands Amendment Act 1946.

511 Appointment of marriage ofﬁcers (1) The High Commissioner may, by warrant under his hand and the Seal of the Cook Islands, appoint as a marriage ofﬁcer for the Cook Islands any minister of religion or other person whom he believes to be a ﬁt and proper person to be so ap­ pointed.
(2) Any such appointment may be at any time revoked by the High Commissioner, by warrant under his hand and the Seal of the Cook Islands.

This section was substituted for the original section 511 (as amended by section 95(1) of the Cook Islands Amendment Act 1957) by section 2(1) of the Cook Island Amendment Act 1966.
512 Offence If any person acts as a marriage ofﬁcer in the Cook Islands without being qualiﬁed by ofﬁce or appointment so to act, he shall be guilty of an offence punishable by imprisonment for any term not exceeding 3 years.
513 Notice of marriage (1) A marriage ofﬁcer shall not solemnise or record any marriage unless notice in writing of the intention of the parties to enter into such marriage has been given to the marriage ofﬁcer by one of the parties thereto at least 2 clear days before the day of the marriage.

(2) On receipt of such notice the marriage ofﬁcer shall publish the same in such manner as he thinks sufﬁcient to give due publicity to the intended marriage.
(3) On every such notice there shall be payable by the person giv­ ing the same such fee (if any) as may be prescribed by enact­ 130 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 18 s 517 ment, and all such fees shall be payable into the Cook Islands Government Account.

(4) No marriage shall be invalidated by any breach of the require­ ments of this section.
In subsection (3) the word “enactment” was substituted for the word “regula­ tions” by section 3(1) of the Cook Islands Amendment Act 1965.

In subsection (3) the words in the second set of square brackets were substi­ tuted for the words “Cook Islands Government Account or the Niue Assembly Account, as the case may require” (as amended by section 95(1) of the Cook Islands Amendment Act 1957, and section 57(5) of the Cook Islands Amend­ ment Act 1964) by section 2(1) of the Cook Islands Amendment Act 1966.
514 Mode of solemnisation Every marriage shall, subject to the provisions of this Part of this Act, be solemnised in such manner as the marriage ofﬁcer thinks ﬁt.

515 Record of marriage Every marriage shall, at the time of the solemnisation thereof, be recorded in writing by the marriage ofﬁcer in the form and with the several particulars prescribed by regulations under this Act, but no marriage shall be invalidated by any error or defect in such form or in the particulars so required to be recorded.
516 Signature of record The aforesaid record of every marriage shall be signed by the parties thereto, and by 2 witnesses, and by the marriage ofﬁ­ cer, all being present at the same time, and when the record has been so signed the marriage shall be deemed to be fully solemnised and shall take effect.
517 Transmission of records The record of every marriage shall be forthwith delivered by the marriage ofﬁcer to the Registrar of the High Court at Raro­ tonga, and shall be preserved by him in the same manner as if it were a record of the High Court.

This section was substituted for the original section 517 by section 2(1) of the Cook Islands Amendment Act 1966.
131 Part 18 s 518 Cook Islands Act 1915 Reprinted as at 3 September 2007 518 Minimum age of marriage A marriage ofﬁcer shall not solemnise or record any marriage unless the husband is at least 18 years of age and the wife is at least 15 years of age, but no marriage shall be invalidated by a breach of the provisions of this section.
519 Marriage of minors (1) A marriage ofﬁcer shall not solemnise or record the marriage of any man under the age of 21 years or of any woman under the age of 19 years without the consent of one of the parents of such man or woman, if either of those parents is alive and resident in the Cook Islands.

(2) A Judge of the High Court may in any case, if he thinks ﬁt so to do, grant exemption from the requirements of this section.
(3) No marriage shall be invalidated by any breach of the provi­ sions of this section.

520 Offence by marriage ofﬁcer If any marriage ofﬁcer commits any breach of the provisions of this Part of this Act, or signs any record of a marriage con­ taining any statement known to him to be false, he shall be guilty of an offence punishable by a ﬁne not exceeding $100.
521 Signature of false record by party or witness Every party or witness to a marriage who signs a record thereof containing any statement known by him or her to be false shall be guilty of an offence punishable by a ﬁne not exceeding $40 or by imprisonment for any period not exceeding 6 months.
522 Misrepresentation as to facts to procure marriage Every person who, by any wilful misrepresentation made to a marriage ofﬁcer, procures or attempts to procure the solem­ nisation by that ofﬁcer of any marriage shall be guilty of an offence punishable by one year’s imprisonment.
523 Legitimation per subsequens matrimonium An illegitimate child, whether born before or after the com­ mencement of this Act, shall be legitimated by the subsequent 132 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 19 s 528 intermarriage after the commencement of this Act of the par­ ents of that child, provided that at the time of the birth of the child there existed no bar to the intermarriage of the parents other than the age of one or both of those parents.
Part 19 Divorce 524 Jurisdiction of High Court The High Court shall have jurisdiction in divorce and other causes and matters matrimonial in accordance with the provi­ sions of this Part of this Act.

525 Limitation of jurisdiction No decree shall be made for a divorce a mensa et thoro, or for restitution of conjugal rights, nor shall any action be brought for criminal conversation.
526 Nullity of marriage The High Court shall in suits for nullity of marriage have and exercise in the Cook Islands the same jurisdiction as is pos­ sessed for the time being in New Zealand by the High Court.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

527 Section 527 was repealed by section 10(2) of the Cook Islands Amendment Act 1921.
528 Grounds of refusal of divorce If the Court is of opinion— (a) That the petitioner’s own habits or conduct induced or contributed to the wrong complained of so as to disen­ title the petitioner to a dissolution of the marriage; or That in the case of the adultery of the respondent the petitioner has been in any manner accessory to or has connived at such adultery or has condoned the same; or That the suit has been instituted or prosecuted in collu­ sion with the respondent— (b) (c) 133 530 Part 19 s 529 Cook Islands Act 1915 Reprinted as at 3 September 2007 the Court shall dismiss the suit; but in all other cases, if the Court is satisﬁed that the case of the petitioner has been es­ tablished, the Court shall pronounce a decree dissolving the marriage.
529 Domicile of deserted wife A deserted wife who was domiciled in the Cook Islands at the time of desertion shall be deemed for the purposes of the jurisdiction of the High Court in divorce (whatever the ground of divorce may be) to have retained such domicile so long as she is resident in the Cook Islands, notwithstanding that her husband may have acquired a domicile elsewhere.

Section 530 was repealed by section 10(2) of the Cook Islands Amendment Act 1921.
531 Co­respondent as a party In any suit in the High Court for dissolution of marriage on the ground of adultery the Court may, if it thinks ﬁt, require the petitioner (being the husband) to make the person with whom the respondent is alleged to have committed adultery a co­respondent in the suit.

532 Intervention By leave of the High Court any person may intervene in a suit for dissolution of marriage for the purpose of opposing the making of a decree for such dissolution.
533 Agreement no bar to divorce No covenant or agreement between the parties to a suit for dissolution of marriage shall operate as a bar to the institution or prosecution of such suit.

534 No appeal to High Court No appeal shall lie to the High Court of New Zealand from any decree of the High Court for the dissolution of a marriage.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
134 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 19 s 539 535 Remarriage of divorced persons When a decree for the dissolution of a marriage has been made by the High Court it shall be lawful for the parties to such marriage to marry again as if the former marriage had been dissolved by death.
536 Costs In any suit for the dissolution of marriage the High Court may make such order as it thinks ﬁt for the payment of the costs of the proceedings, or of any part thereof, by or to the petitioner, respondent, co­respondent, or any person intervening in the suit.
537 Order for maintenance of divorced wife (1) When a decree for the dissolution of marriage is made by the High Court, the Court may, if it thinks ﬁt, in and by the decree of dissolution, order the husband to pay towards the future maintenance of his wife (whether petitioner or respondent), so long as she remains unmarried, a reasonable sum.

.

.at such times and in such manner as the Court thinks ﬁt.
Every such order shall be deemed to be a maintenance order under Part 20 of this Act, and all the provisions of that Part of this Act shall, so far as applicable, apply thereto accordingly.

In subsection (1) the words “not exceeding one pound a week” were omitted by section 3(1) of the Cook Islands Amendment Act (No 2) 1948.
(2) 538 Order as to custody of children The High Court may in and by any decree for the dissolution of marriage, or at any time and from time to time thereafter, make such order as it thinks ﬁt as to the custody of the children of the marriage.
539 Molestation of divorced wife by her husband If at any time after a decree of dissolution of marriage has been pronounced at the suit of the wife the husband from whom she has been so divorced— (a) Commits any trespass by entering or remaining upon or in any land, house, or building which is in her occupa­ tion or in which she dwells or is present; or 135 Part 19 s 540 Cook Islands Act 1915 Reprinted as at 3 September 2007 (b) Attempts or threatens to commit any such trespass; or (c) Molests her by watching or besetting her dwellinghouse or place of business, employment, or residence, or by following or waylaying her in any road or other public place— he shall be guilty of an offence, and shall be liable to a ﬁne not exceeding $40 or to imprisonment for a term not exceeding 3 months.
Jurisdiction of High Court The jurisdiction of the High Court of New Zealand under the Matrimonial Proceedings Act 1963 shall extend to the Cook Islands in the same manner as if those islands constituted for all purposes part of New Zealand, and a domicile in the Cook Islands shall for the purposes of such jurisdiction be deemed to be a domicile in New Zealand accordingly.
In the exercise of such jurisdiction the High Court shall, in respect of the grounds of divorce and in respect of all other matters, act in accordance with the Matrimonial Proceedings Act 1963 and not in accordance with this Act.

In subsections (1) and (2) the “Matrimonial Proceedings Act 1963” was sub­ stituted for the repealed “Divorce and Matrimonial Causes Act 1908”.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Part 20 Maintenance and afﬁliation Interpretation In this Part of this Act, unless a different intention appears,— Adequate maintenance means maintenance reasonably suf­ ﬁcient for the necessities of the person to be maintained, irre­ spective of the means or ability of the person who is bound to afford such maintenance Afﬁliation order means an order under this Part of this Act adjudging any person to be the father of an illegitimate child Child means a child under the age of 16 years Child: this deﬁnition was substituted for the original deﬁnition by section 12 of the Cook Islands Amendment Act 1962.
540 (1) (2) 541 136 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 20 s 545 Defendant means any person against whom a maintenance order or afﬁliation order is made or applied for under this Part of this Act Destitute person means any person unable, whether perman­ ently or temporarily, to support himself by his own means or labour Maintenance includes lodging, feeding, clothing, teaching, training, attendance, and medical and surgical relief Maintenance order means an order under this Part of this Act for the payment of money for or in respect of the past or future maintenance of any person Unmarried woman includes a widow and a woman who has been divorced from her husband.
Maintenance and afﬁliation orders 542 Jurisdiction of High Court The High Court shall have power in the ordinary course of its civil jurisdiction to make maintenance and afﬁliation orders in accordance with the provisions of this Part of this Act.

543 Applications Any application to the High Court for or in relation to a main­ tenance or afﬁliation order may, except where otherwise ex­ pressly provided, be made either by the person in whose favour the order is to be or has been made or by any other person.
544 Jurisdiction discretionary The exercise by the High Court of its jurisdiction to make a maintenance order shall in all cases be discretionary.
545 Afﬁliation orders (1) On application made to the High Court by or by the authority of an unmarried woman who is the mother of an illegitimate child or who is with child, the Court may, if satisﬁed that the defendant is the father of that child, make an order (herein called an afﬁliation order) adjudging the defendant to be the father of that child accordingly.
137 Part 20 s 546 Cook Islands Act 1915 Reprinted as at 3 September 2007 (2) No afﬁliation order shall be so made unless the application is made before or within 6 years after the birth of the child, unless the defendant has contributed to or made provision for the maintenance of the child, or has since the birth of the child cohabited with the mother as man and wife, in which case the application may be made at any time after the expiration of the said period of 6 years, if within 2 years immediately preceding the application the defendant has contributed to or provided for the maintenance of the child or has so cohabited with its mother.
If at any time the defendant has been absent from the Cook Islands, the period of his absence shall not be counted in com­ puting the respective periods of 6 years or 2 years.

(3) (4) No such application shall be made unless the child is under 12 years of age at the time of the application.

546 Evidence (1) The evidence of the mother of an illegitimate child or of any woman who is with child as aforesaid shall not be necessary for the making of an afﬁliation order.
(2) No person shall be adjudged to be the father of an illegitimate child upon the evidence of the mother or of a woman who is with child as aforesaid, unless her evidence is corroborated in some material particular to the satisfaction of the Court.
547 Maintenance order in favour of illegitimate child When an afﬁliation order has been made by the High Court against any person as the father of an illegitimate child, whether already born or not, the Court may, at the same time or at any time thereafter, make a maintenance order in favour of the child against the person so adjudged to be the father thereof.
548 Maintenance order against father in favour of child (1) The High Court may make a maintenance order against the father of any child in favour of that child if the Court is satisﬁed that the father has failed or intends to fail to provide that child with adequate maintenance.
138 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 20 s 550 (2) When the father and child are living apart from each other, and the Court is satisﬁed that there is reasonable cause for the child continuing so to live apart from the father, the father shall not be deemed to have made provision for the adequate maintenance of the child merely by reason of the fact that he is ready and willing to support the child if and so long as the child lives with him.
549 Maintenance order against mother in favour of child (1) The High Court may make a maintenance order in favour of a child against the mother of that child (whether legitimate or illegitimate) if satisﬁed that the mother is of sufﬁcient ability in that behalf and has failed or intends to fail to make provision for the adequate maintenance of that child.
(2) When the mother and child are living apart from each other, and the Court is satisﬁed that there is reasonable cause for the child continuing so to live apart from the mother, the mother shall not be deemed to have made provision for the adequate maintenance of the child merely by reason of the fact that she is ready and willing to support the child if and so long as the child lives with her.
550 Maintenance order against husband in favour of wife (1) The High Court may make a maintenance order against a hus­ band in favour of his wife if the Court is satisﬁed that the hus­ band has failed or intends to fail to provide his wife with ad­ equate maintenance.

(2) Unless the Court is satisﬁed that the wife is a destitute person, no maintenance order shall be made against the husband if it is proved that he is not of sufﬁcient ability to contribute to her maintenance.
(3) When the husband and wife are living apart from one another and the wife has, in the opinion of the Court, reasonable cause for refusing or failing to live with her husband, the husband shall not be deemed to have provided her with adequate main­ tenance merely by reason of the fact that he is ready and will­ ing to support her if and so long as she lives with him.
139 Part 20 s 551 Cook Islands Act 1915 Reprinted as at 3 September 2007 551 Maintenance order against wife in favour of husband (1) The High Court may make a maintenance order against a mar­ ried woman in favour of her husband if satisﬁed that the hus­ band is a destitute person and that his wife is of sufﬁcient abil­ ity to contribute to his maintenance.
(2) No such order shall be made if the Court is satisﬁed that there is reasonable cause for the failure of the wife to contribute to the maintenance of her husband.
552 Maintenance order against any person in favour of father (1) (2) or mother The High Court may make a maintenance order against any person in favour of the father or mother of that person if satis­ ﬁed that the father or mother, as the case may be, is a destitute person and that the defendant is of sufﬁcient ability to con­ tribute to the maintenance of such destitute person.

In this section the term mother includes the mother of an ille­ gitimate child.
553 Disobedience to maintenance order Every person who disobeys a maintenance order shall be guilty of contempt of the High Court, and may be dealt with from time to time accordingly.

554 Maintenance money a debt All money due under a maintenance order shall constitute a debt due by the defendant to the person to whom the money is payable in accordance with the terms of the order.
555 Order in favour of non­residents A maintenance order may be made in favour of any person otherwise entitled thereto although not present or resident in the Cook Islands.

556 Order against non­residents A maintenance or afﬁliation order may be made against any defendant otherwise liable although not present or resident in the Cook Islands.
140 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 20 s 560 557 Orders in absentia If the High Court is satisﬁed that a defendant is absent from the Cook Islands, or from the island in which the application is made, or that his residence is unknown, or that he cannot be found, the Court may hear and determine the application ex parte and make a maintenance order or afﬁliation order ac­ cordingly.
558 Repeated applications The dismissal of an application for a maintenance order or afﬁliation order shall not, unless the Court so orders, be a bar to the making of a further application in the same matter against the same defendant.

559 Payments not to be made in advance (1) No money payable under a maintenance order shall, without the precedent consent of a Judge of the High Court, be paid more than one year in advance of the due date thereof.
If any money is paid in breach of this section, it shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedi­ ence thereto; but no money so paid in breach of this section shall be recoverable by the person by whom it was paid.
(2) 560 Cancellation, variation, and suspension of orders (1) The High Court may at any time make an order cancelling an afﬁliation order, or cancelling, varying, or suspending any maintenance order or substituting a new maintenance order therefor, on the grounds— (a) (b) That the order was obtained by fraud or perjury; or That since the making of the order new and material evidence has been discovered; or That since the making of the order the circumstances have so changed that the order ought to be so cancelled, varied, or suspended, or that a new order ought to be substituted therefor.
(c) (2) The power hereby conferred to cancel or vary an order shall include the power to remit wholly or in part any arrears due under the order, and any such arrears may be remitted either 141 Part 20 s 561 Cook Islands Act 1915 Reprinted as at 3 September 2007 on the grounds hereinbefore in this section mentioned or, if the Court in its discretion thinks ﬁt, on the ground that the defendant is not of sufﬁcient ability to pay the same.
561 Payment of maintenance money Any maintenance order may direct the money payable there­ under to be paid either to the person in whose favour the order is made or to any other person on behalf of that person.

562 Security for obedience to maintenance orders (1) Whenever a maintenance order is made the High Court may, if it thinks ﬁt, by the same order or by order made at any later time, direct the defendant to give security for his obedience to the maintenance order.
Every such security shall, as the High Court determines, be either the payment into Court of such sum of money, not ex­ ceeding $400, as the Court directs, or the giving of a bond to Her Majesty with 1 or 2 sureties to be approved by the Court in a sum not exceeding $400 conditioned for due obedience to the maintenance order.
(2) (3) When such security has been required, the Court may commit the defendant to prison until the order requiring security has been complied with, but no person shall be so detained in cus­ tody for a longer period than 6 months.

(4) All money so paid into Court or recovered by suit or otherwise under any such bond shall be available, under the direction of the Court, for the satisfaction of all claims under the mainten­ ance order.
The Court may, on being satisﬁed that the security is no longer required, order any amount so paid into Court to be repaid to the defendant, or cancel any bond so given.

(5) 563 Operation of agreements No agreement shall be effective so as to take away or restrict any liability imposed on any person by this Act to contribute to the maintenance of any other person, or affect the operation of any maintenance order or the right of the High Court to make any such order.
142 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 20 s 566 564 Purport and duration of maintenance orders (1) Every maintenance order shall be an order for the periodical payment, as aforesaid, to pay such sum as the Court thinks ﬁt, of such sum of money as the Court thinks reasonable.

The intervals between the successive payments shall not ex­ ceed 28 days.
(2) (3) When any such order is made in respect of the maintenance of a child (whether legitimate or illegitimate) the order shall cease to be in force so soon as that child attains the age of 16 years.

In subsection (2) the words “No such payment shall, except where otherwise expressly provided, exceed the sum of twenty shillings per week, and” were omitted by section 3(2) of the Cook Islands Amendment Act (No 2) 1948.
In subsection (3) the words in square brackets were substituted for the words “twelve years” by section 13(1) of the Cook Islands Amendment Act 1963.

565 Order for past maintenance Any maintenance order may require the defendant, in addition to making such periodical payments as aforesaid, to pay such sum as the Court thinks reasonable, not exceeding $100, on account of the past maintenance, previous to the making of the order, of the person in respect of whose maintenance the order is made.
Offences 566 Leaving Cook Islands while maintenance money in arrear (1) (2) an offence Every person against whom a maintenance order has been made and who, while any money payable under the order is in arrear and unpaid, leaves or attempts to leave the Cook Is­ lands without the permission in writing of a Judge of the High Court shall be guilty of an offence punishable by imprison­ ment for any term not exceeding 2 years.
In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.
143 Part 20 s 567 Cook Islands Act 1915 Reprinted as at 3 September 2007 567 Leaving Cook Islands after afﬁliation order and before (1) (2) birth of child an offence Every person against whom an afﬁliation order is made prior to the birth of the child, and who leaves or attempts to leave the Cook Islands without the permission in writing of a Judge of the High Court at any time within 12 months after the mak­ ing of the order, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.
In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.

568 Leaving Cook Islands with intent to disobey maintenance order an offence Every person against whom a maintenance order has been made, and who at any time thereafter leaves or attempts to leave the Cook Islands with intent to make default in obeying that order, shall be guilty of an offence punishable by impris­ onment for any term not exceeding 2 years.
569 Leaving Cook Islands while failing to maintain wife an (1) (2) offence Every person who without reasonable cause fails to provide his wife with adequate maintenance, and who at any time while failing so to do leaves or attempts to leave the Cook Islands without the permission in writing of a Judge of the High Court, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.
In any prosecution under this section the burden of proving that the permission of a Judge was so obtained shall be upon the accused.
570 Leaving Cook Islands while failing to maintain child an offence Every person who is the father of a child, and who without rea­ sonable cause fails to provide that child with adequate main­ tenance, and who at any time while failing so to do leaves or attempts to leave the Cook Islands without the permission in writing of a Judge of the High Court, shall be guilty of an of­ (1) 144 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 20A s 573A (2) fence punishable by imprisonment for any term not exceeding 2 years.
In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.
571 Leaving Cook Islands with intent to desert wife or child an offence Every person who is the husband of any woman or the father of any child, and who leaves or attempts to leave the Cook Islands with the intention of failing without reasonable cause to make adequate provision for the maintenance of that wife or child during his absence, shall be guilty of an offence punishable by imprisonment for any term not exceeding 2 years.
572 Attempting to leave the Cook Islands Every person shall be deemed to attempt to leave the Cook Islands within the meaning of this Part of this Act who does any act with intent to leave those islands.
573 Evidence of intent In any prosecution for an offence against this Part of this Act the fact that the defendant has at any time within 3 years after leaving the Cook Islands habitually made default in obeying an order of maintenance or in providing his wife or child with adequate maintenance shall be sufﬁcient evidence, unless the contrary is proved, that the defendant left the Cook Islands with intent so to make default.
Part 20A Adoption of children by Europeans and Native spouses of Europeans 573A High Court may make adoption orders (1) Without limiting the powers conferred on the Land Court by Part 15 of this Act, the High Court may make an order for the adoption of a child under the provisions of this Part of this Act.
145 Part 20A s 573B Cook Islands Act 1915 Reprinted as at 3 September 2007 (2) No such order shall be made except on an application made to the Court by the adopting parent or by the adopting parents jointly, whether domiciled in the Cook Islands or not.

Part 20A (comprising sections 573A­573G) was inserted by section 14 of the Cook Islands Amendment Act 1963.
In subsection (1) the reference to the “Land Court” was substituted for a refer­ ence to the “Native Land Court” by section 57(4) of the Cook Islands Amend­ ment Act 1964.

573B Persons who may apply for adoption order The following persons may apply to the High Court for an adoption order: A European husband and his Native wife jointly: (a) (b) A Native husband and his European wife jointly: (c) (d) A European alone.
Part 20A (comprising sections 573A­573G) was inserted by section 14 of the Cook Islands Amendment Act 1963.

A European husband and his European wife jointly: 573C Who may be adopted Subject to the provisions of this Part of this Act, any child, whether Native or European, and whether legitimate or ille­ gitimate, and whether domiciled in the Cook Islands or not, shall be capable of being adopted under this Part of this Act.
Part 20A (comprising sections 573A­573G) was inserted by section 14 of the Cook Islands Amendment Act 1963.
573D Restrictions on making adoption orders (1) No adoption order shall be made under this Part of this Act, unless the Court is satisﬁed that— (a) The child to be adopted is under the age of 21 years at the date of the ﬁling of the application; and The applicant or, in the case of a joint application, one of the applicants, has attained the age of 25 years and is at least 21 years older than the child, or is the mother or father of the child; and The applicant (if unmarried) is at least 30 years older than the child; and (b) (c) (d) Where the child is female and the sole applicant is male, the applicant is the father of the child, or there are spe­ 146 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 20A s 573E (e) (f) cial circumstances which justify the making of an order; and The child, if in the opinion of the Court it is above the age of 12 years, consents to the adoption; and The applicant is a ﬁt and proper person to have the care and custody of the child and of sufﬁcient ability to main­ tain the child, and the adoption will not be contrary to the welfare and interests of the child.
(2) In order to satisfy itself as to the matters mentioned in para­ graph (f) of subsection (1) of this section, the Court shall call for a report thereon by the Minister in Charge of the Justice Department, or by an ofﬁcer of the Cook Islands Public Ser­ vice nominated for the purpose by that Minister.

(3) No child adopted under this Part of this Act shall in the life­ time of an adopting parent and while the order remains in force be adopted by any other person save the husband or wife of that parent.
Part 20A (comprising sections 573A­573G) was inserted by section 14 of the Cook Islands Amendment Act 1963.

Subsection (2) was substituted for the former subsection (2) (as previously sub­ stituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
573E Consents to adoptions (1) No order shall be made under section 573A of this Act without the consent of the parents or of the surviving parent (if any) of the child, whether that child is legitimate or illegitimate, save that no such consent shall be required from any parent if the Court is satisﬁed that the child has been deserted by that parent, or that that parent is for any reason unﬁt to have the care and custody of the child, or if the Court for any other reason whatsoever considers that the consent of that parent should be dispensed with.
Every consent given under subsection (1) hereof shall be given in writing and witnessed by one of the persons speciﬁed in sub­ section (1) of section 126 of this Act, and every such witness shall certify that the parent signing the consent fully under­ stands the effect of an order made under section 573A of this Act.
(2) 147 Part 20A s 573F Cook Islands Act 1915 Reprinted as at 3 September 2007 (3) Where the application for an order under section 573A of this Act is made by either a husband or a wife alone, no order shall be made without the consent of the spouse of the applicant, save that no such consent shall be required if the Court is sat­ isﬁed that the spouses are living apart and that their separation is likely to be permanent.
Part 20A (comprising sections 573A­573G) was inserted by section 14 of the Cook Islands Amendment Act 1963.
573F Effect of order of adoption Every order under section 573A of this Act shall have the same operation and effect as an adoption order made under the Adoption Act 1955 has in New Zealand by virtue of sub­ sections (1) and (2) of section 16 of that Act: Provided that an order for the adoption of a child by a Native or the descendant of a Native shall have in respect of succession to the estate of any Native and to any interest in Native land the same operation and effect as that which is attributed by Native custom to adoption by Native custom.
Part 20A (comprising sections 573A­573G) was inserted by section 14 of the Cook Islands Amendment Act 1963.

573G Annulment of order of adoption Any order made under section 573A of this Act may at any time be annulled by the Court on any ground which the Court thinks sufﬁcient, either on the application of an adopting par­ ent or of the adopted child.

Part 20A (comprising sections 573A­573G) was inserted by section 14 of the Cook Islands Amendment Act 1963.
Part 21 Persons of unsound mind Orders of medical custody A person detained under an order of medical custody made under this Part is a patient within the meaning of the Tokelau Divorce Regulations 1975.

See SR 1975/262/4 (5).


148 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 21 s 578 574 Application by Medical Ofﬁcer to High Court Any Medical Ofﬁcer may make application to the High Court for an order committing any person to medical custody under this Part of this Act on the ground that he is of unsound mind.

The words “Any Medical Ofﬁcer” were substituted for the words “A Chief Medical Ofﬁcer” by section 5(1) of the Cook Islands Amendment Act 1923.
575 Medical certiﬁcates as to persons of unsound mind No such order shall be made except on examination of the person alleged to be of unsound mind, and upon production to the Court of a certiﬁcate by 2 Medical Ofﬁcers, or by one Medical Ofﬁcer and a graduate of the Fiji School of Medicine, that the person in respect of whom the order is to be made is of unsound mind and that his detention in medical custody is necessary in his own interest or for the safety of other persons.
This section was substituted for the former section 575 (as substituted by section 12(1) of the Cook Islands Amendment Act 1956, and as amended by section 16(1) of the Cook Islands Amendment Act 1963) by section 2(1) of the Cook Islands Amendment Act 1966.
576 Order of medical custody If the Court is satisﬁed on the examination of the person so alleged to be of unsound mind, and on hearing such further evidence (if any) as the Court thinks necessary that he is of unsound mind and that his detention in medical custody is ne­ cessary in his own interests or for the safety of other persons, the Court may make an order (hereinafter called an order of medical custody) committing such person to medical custody for such period as the Court thinks ﬁt, not exceeding 6 months.
577 Renewal of order Any such order may at any time and from time to time, whether before or after the expiry thereof, be renewed for such further period, not exceeding 6 months, as the Court on a further ap­ plication and certiﬁcate as aforesaid thinks ﬁt.

578 Cancellation of order Any such order may be at any time cancelled by the High Court.
149 Part 21 s 579 Cook Islands Act 1915 Reprinted as at 3 September 2007 579 Discharge from custody Any person so committed to medical custody may be at any time discharged from custody by the High Commissioner, and the order of medical custody shall thereupon lapse.

The words in square brackets were substituted for the words “Resident Com­ missioner” by section 2(1) of the Cook Islands Amendment Act 1966.
580 Arrest and detention of persons committed to medical custody Any person against whom an order of medical custody has been so made may thereupon be arrested by any constable or Medical Ofﬁcer, and shall, while the order remains in force, be detained at such hospitals or other places in the Cook Islands, and in the custody of such Medical Ofﬁcer, as may from time to time be determined in that behalf by the Chief Medical Ofﬁcer, either generally or in respect of any particular case or class of cases.
581 Treatment of persons detained The custody, care, treatment, visitation, and discipline of all persons so committed to medical custody shall be as prescribed by enactment.

This section was substituted for the original section 581 by section 3(1) of the Cook Islands Amendment Act 1965.
582 Removal from the Cook Islands to New Zealand When an order of medical custody has been so made against any person the High Court may, at the same time or at any time thereafter while the order remains in force, issue under the seal of the Court a warrant for the removal of that person from the Cook Islands to New Zealand.
583 Conditions of removal No such warrant shall be issued unless the Court is satisﬁed, on the certiﬁcate by 2 Medical Ofﬁcers, or by one Medical Ofﬁcer and a graduate of the Central Medical School at Suva, Fiji, and on the examination of the person alleged to be of unsound mind, that his removal from the Cook Islands to New 150 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 21 s 586 Zealand is necessary in his own interest or for the safety of other persons.
This section was substituted for the original section 583 (as amended by section 12(2) of the Cook Islands Amendment Act 1956) by section 2(1) of the Cook Islands Amendment Act 1966.
584 Method of removal On the issue of any such warrant for the removal of any per­ son to New Zealand he may be taken to New Zealand in the custody of any person appointed in that behalf by a Medical Ofﬁcer in any ship belonging to Her Majesty or in any British ship or in any aircraft which is approved by the Chief Medical Ofﬁcer or 2 Medical Ofﬁcers as suitable for the purpose.
The words in the ﬁrst set of square brackets were substituted for the words “a Chief Medical Ofﬁcer” by section 5(4) of the Cook Islands Amendment Act 1923.

The words in the third set of square brackets were added by section 17 of the Cook Islands Amendment Act 1963.
585 Persons so removed to New Zealand to be brought before a District Court Judge On the arrival in New Zealand of any such person, he shall be forthwith brought before a District Court Judge, together with a warrant for his removal to New Zealand and a certiﬁcate, au­ thenticated by seal of the High Court, by 2 Medical Ofﬁcers, or by one Medical Ofﬁcer and a graduate of the Central Medical School at Suva, Fiji, certifying that the person so committed is of unsound mind, and setting forth such particulars as to the physical and mental condition of that person as the person or persons giving the certiﬁcate think necessary.
This section was substituted for the former section 585 (as substituted by section 12(3) of the Cook Islands Amendment Act 1956) by section 2(1) of the Cook Islands Amendment Act 1966.

The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
586 District Court Judge may make a reception order The District Court Judge may thereupon, without further ap­ plication or evidence, make in respect of the person so brought before him a reception order under the Mental Health Act 1969 151 Part 21 s 587 Cook Islands Act 1915 Reprinted as at 3 September 2007 in the same manner, so far as applicable, as if an application for a reception order had been made in accordance with that Act, and the reception order so made shall be deemed for all purposes to be a reception order made under that Act, and shall have effect accordingly.
The “Mental Health Act 1969” has been substituted for the repealed “Mental Health Act 1911” (the title of which was amended by section 2(3) of the Mental Health Amendment Act 1954).

The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
587 Administration of estates of persons of unsound mind (1) Part 7 of the Mental Health Act 1969 (relating to the admin­ istration of the estates of persons of unsound mind), shall in New Zealand extend and apply to property (other than inter­ ests in Native land) situated in the Cook Islands and belonging to a European of unsound mind.

The High Court shall have no jurisdiction to appoint a manager of the person or estate of a lunatic.
In subsection (1), “Part 7 of the Mental Health Act 1969” has been substituted for “Part 8 of the repealed Mental Health Act 1911”.

In subsection (2) the reference to a “manager” was substituted for a reference to a “committee” by section 129(7) of the Mental Health Act 1969.
(2) 588 Warrant for arrest of persons of unsound mind Any person against whom an application has been made for an order of medical custody may be arrested by any constable or other person under a warrant issued by a Judge or Registrar of the High Court.
589 Arrest of persons of unsound mind without warrant (1) Any person believed on reasonable grounds to be of unsound mind and to be dangerous to himself or others may be arrested without warrant by a constable or any other person, and shall be forthwith brought before a Judge or Registrar of the High Court, or before a Resident Agent or any ofﬁcer of the Cook Islands Public Service, who may from time to time make such order for his custody as is thought ﬁt, pending the making and 152 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 21 s 591 determination of an application for an order of medical cus­ tody.
(2) Where any such person has been arrested in any island other than the Island of Rarotonga, the order for his custody made under subsection (1) of this section may provide for his re­ moval in custody to the Island of Rarotonga.
In subsection (1) the words in square brackets were substituted for the words “the Resident Commissioner of Niue or before a Resident Agent or before any ofﬁcer” (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

Subs (2) was added by section 13 of the Cook Islands Amendment Act 1956.
590 Criminal lunatics Insane persons not to be tried for offences If any person on being charged with an offence before the High Court is found to be of unsound mind so that he cannot under­ stand the nature of the proceedings, he shall not be tried, but the High Court shall order him to be detained in prison or in some other place of security until the pleasure of the High Commissioner is known.
The words in square brackets were substituted for the words “High Commis­ sioner or the Resident Commissioner, as the case may require, or (where the charge is one of murder or manslaughter brought in the High Court in Niue) the pleasure of the Governor­General is known” (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
591 Detention of accused persons acquitted on ground of insanity If any person on his trial for an offence before the High Court is found to have been insane at the time of the commission of the offence, he shall be found not guilty on the ground of insanity, and the Court shall order him to be detained in prison or in some other place of security until the pleasure of the High Commissioner or (in the case of a charge of murder or manslaughter) the pleasure of the Governor­General is known.
The reference to the “High Commissioner” was substituted for a reference to the “Resident Commissioner” by section 57(3) of the Cook Islands Amendment Act 1964 (as amended by section 3(4) of the Cook Islands Amendment Act 1965).
153 Part 21 s 592 Cook Islands Act 1915 Reprinted as at 3 September 2007 592 Discharge (1) (2) Except in the case of a charge of murder or manslaughter, a person shall not be detained under such an order for a longer period than one month, and may at any time be discharged by the High Commissioner.

In the case of a charge of murder or manslaughter, any person so detained may be at any time discharged by the High Com­ missioner.
In subsection (1) the words in square brackets were substituted for the words “Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.

Subs (2) was substituted for the former subsection (2) (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
593 Orders of medical custody of criminal lunatics (1) When any person is so detained, whether in the case of a charge of murder or manslaughter or otherwise, the High Court shall have the same jurisdiction to make an order of medical custody or to issue a warrant for removal to New Zealand as in the case of any other person of unsound mind.

(2) An order of medical custody so made shall supersede the order for detention during the pleasure of the High Commissioner.
Subs (2) was substituted for the original subsection (2) (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

594 595 596 597 154 Section 594 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

Part 22 Intoxicating liquor Sections 595 to 603 were repealed by section 16(1)(a) of the Cook Islands Amendment Act 1961.

Sections 595 to 603 were repealed by section 16(1)(a) of the Cook Islands Amendment Act 1961.


598 599 600 601 602 603 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 23 s 606 Sections 595 to 603 were repealed by section 16(1)(a) of the Cook Islands Amendment Act 1961.

Sections 595 to 603 were repealed by section 16(1)(a) of the Cook Islands Amendment Act 1961.

Sections 595 to 603 were repealed by section 16(1)(a) of the Cook Islands Amendment Act 1961.


Part 23 Roads 604 Road deﬁned In this Act the term road means a public right of way, or the land which is subject to such a right of way, as the context may require.
605 Existing roads All roads existing in the Cook Islands at the commencement of this Act shall continue to exist as if established under this Act.

606 Proclamation of existing roads (1) The High Commissioner, if satisﬁed that any Crown, Euro­ pean, or Native land has been continuously used as a public highway as of right for not less than 5 years before the com­ mencement of this Act, may by warrant proclaim that land as a road.
155 Part 23 s 607 Cook Islands Act 1915 Reprinted as at 3 September 2007 (2) Every warrant under this section shall be conclusive that the road so proclaimed was theretofore a public highway, and no compensation shall be payable to any person in respect thereof.
In subsection (1) the words in square brackets were substituted for the words “The Minister in the case of land situated in Niue, and the High Commissioner, in the case of any other land” (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

607 Proclamation of new roads (1) The High Commissioner may, by warrant, proclaim any Crown, European, or Native land as a road.
(2) All persons having any interest in such land and suffering loss or damage by reason of the proclamation of a road under this section shall be entitled to compensation for that loss or dam­ age in the same manner as in the case of land taken for public purposes under Part 10 of this Act.

Subs (1) was substituted for the original subsection (1) (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
608 Roads not to vest in the Crown (1) A road in the Cook Islands, whether constituted before or after the commencement of this Act, shall not as such be vested in the Crown, but shall belong in accordance with the common law to the adjoining owners or to such other persons as would have been entitled thereto had no public right of way existed in respect thereof.

(2) Nothing in this section shall take away any title acquired by Her Majesty or any other person before the commencement of this Act.
609 Maintenance and control of roads All roads in the Cook Islands may be formed, maintained, and repaired by the Crown, and shall be deemed to be in the pos­ session of the Crown.

156 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 23 s 612 610 Effect of freehold order on roads The making of a freehold order in respect of customary land shall in no way affect the existence of any roads existing on that land at the date of the order.
611 Roads laid out on partition or investigation of title (1) Upon the making of any partition of Native freehold land it shall be the duty of the Land Court, by order, to lay out upon the land partitioned such road lines (if any) as the Court thinks necessary or expedient for the due occupation and use of the several parcels.
(2) Upon the making of a freehold order the Land Court shall, by order, lay out upon the land comprised in the freehold order such road lines (if any) as the Court thinks necessary or expe­ dient for the due occupation and use of the land.

The High Commissioner may by warrant proclaim as a road any road line so laid out by the Court or any portion of such road line, and no compensation shall be payable to any person in respect thereof.
(3) (4) Until and unless a road has been so proclaimed, the Land Court may, on the application or with the consent of the High Com­ missioner, cancel or modify any order by which a road line has been so laid out.

In subsections (1), (2) and (4) the references to the “Land Court” were substi­ tuted for references to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.
In subsection (3) the words in square brackets were substituted for the words “The Minister in the case of land situated in Niue, and the High Commissioner, in the case of any other land” (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
In subsection (4) the words in the second set of square brackets were substituted for the words “High Commissioner, or the Resident Commissioner, as the case may require” (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
612 Dedication of roads by Natives A Native or descendant of a Native shall have the same capacity of dedicating a road over Native land vested in him (whether freehold or customary) as if he was a European and as if the land was European land, and none of the provisions 157 Part 23 s 613 Cook Islands Act 1915 Reprinted as at 3 September 2007 of this Act relating to alienation shall apply to any such dedication.
The words in square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

613 Closing of roads The High Commissioner may by warrant close, in whole or in part, any road in the Cook Islands, but not so as thereby to leave any area of Crown land or of European land or of Native freehold land without any immediate access to a road.
The words in square brackets were substituted for the words “The Minister in the case of a road situated in Niue, and the High Commissioner, in the case of any other road” (as amended by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
614 Warrants as to roads to be gazetted Every warrant of the High Commissioner under this Part of this Act shall be under the Seal of the Cook Islands, and shall be published in the Cook Islands Gazette, and shall take effect according to its tenor upon such publication or upon any later date speciﬁed in that behalf in the warrant.
This section was substituted for the former section 614 (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
Part 24 The laws of the Cook Islands: general provisions Application of the laws of New Zealand 615 Law of England as in the year 1840 to be in force in the Cook Islands The law of England as existing on the 14th day of January in the year 1840 (being the year in which the Colony of New Zealand was established) shall be in force in the Cook Islands, save so far as inconsistent with this Act or inapplicable to the circumstances of those islands: Provided that no Act of the Parliament of England or of Great Britain or of the United Kingdom passed before the said 14th day of January in the year 1840 shall be in force in the Cook Islands unless and 158 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 619 except so far as it is in force in New Zealand at the commencement of this Act.
616 Jurisdiction of the High Court For the purposes of the last preceding section all rules of com­ mon law or equity relating to the jurisdiction of the superior Courts of common law and of equity in England shall be con­ strued as relating to the jurisdiction of the High Court of the Cook Islands.

617 Common law and equity to be administered concurrently [Repealed] Section 617 was repealed, as from 23 November 1982, by section 2 Cook Is­ lands Amendment Act 1982 (1982 No 65).
618 Statute law of New Zealand not applicable to Cook Islands Save so far as otherwise expressly provided, the statute law of New Zealand, whether enacted before or after the commence­ ment of this Act, shall not be in force in the Cook Islands.
619 When enactment in force in Cook Islands, amendments (1) and regulations to be in force also Subject to the provisions of the Constitution when any enact­ ment of the Parliament of New Zealand is in force in the Cook Islands, every existing or future amendment of that enactment, and all existing or future regulations, rules, Orders in Council, and other acts of authority in force under any such enactment, shall so far as applicable, and with all necessary modiﬁcations, be or become also in force therein, except where otherwise ex­ pressly provided.
(2) Notwithstanding anything in this section but subject to the pro­ visions of the Constitution, rules of Court in force in New Zealand under any enactment which is in force in the Cook Islands shall not themselves be in force in the Cook Islands unless it is expressly so provided.
In subsection (1) the words in the ﬁrst set of square brackets were substituted for the words “Subject, in relation to the Cook Islands other than Niue, to the provisions of the Constitution” (as inserted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
159 Part 24 s 620 Cook Islands Act 1915 Reprinted as at 3 September 2007 In subsections (1) and (2) the word “enactment” was substituted for the word “Act” by section 93(1) of the Cook Islands Amendment Act 1957.
In subsection (2) the words in the ﬁrst set of square brackets were substituted for the words “but subject, in relation to the Cook Islands other than Niue, to the provisions of the Constitution” (as inserted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
620 Other enactments in force in Cook Islands to be read subject to this Act Every enactment of the Parliament of New Zealand which by virtue of this Act is in force in the Cook Islands shall, in its application to those islands, be read subject to the provisions of this Act, and subject also to all modiﬁcations necessary for such application.

The words in square brackets were substituted for the words “Every Act” by section 93(2) of the Cook Islands Amendment Act 1957.
621 Criminal procedure in Cook Islands [Repealed] Section 621 was repealed, as from 23 November 1982, by section 2 Cook Is­ lands Amendment Act 1982 (1982 No 65).

622 Acts Interpretation Act in force in Cook Islands (1) The Acts Interpretation Act 1924 shall extend to and be in force in the Cook Islands.
(3) (2) Notwithstanding anything to the contrary in the Acts Interpret­ ation Act 1924, the term New Zealand as used in any Act, whether now in force in New Zealand or hereafter to be passed, shall not include the Cook Islands, except where a contrary in­ tention appears.

This subsection amended s 5 of the Acts Interpretation Act 1908, which Act is now repealed.
The Acts Interpretation Act 1924 shall, so far as applicable and subject to this Act, apply to all Acts of the Legislative Assembly and to all Ordinances and bylaws, whether made before or after the commencement of this subsection, in the same manner as it applies to Acts of the Parliament of New Zealand.
(4) 160 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 626 In subsections (1) and (2) the “Acts Interpretation Act 1924” has been substi­ tuted for the repealed “Acts Interpretation Act 1908”.

Subs (4) was substituted for the original subsection (4) by section 3(1) Cook Islands Amendment Act 1965.

Section 623 was repealed by section 2(1)(a) Cook Islands Amendment Act 1970.
623 (2) (3) 624 Arbitration Act in force in Cook Islands (1) The Arbitration Act 1908 shall extend to and be in force in the Cook Islands, with the following modiﬁcations.

Every reference in that Act to the High Court shall be read as a reference to the High Court, and every reference to New Zealand shall be read as a reference to the Cook Islands.
Rules for the purpose of giving effect to the said Act in the High Court may be made in the same manner as other rules regulating the practice and procedure of that Court.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

625 Bills of Exchange Act in force in Cook Islands (1) The Bills of Exchange Act 1908 shall extend to and be in force in the Cook Islands.
In the application of that Act to the Cook Islands any refer­ ence to New Zealand shall be read as a reference to the Cook Islands.

(2) (2) (3) 626 Chattels Transfer Act in force in Cook Islands (1) The Chattels Transfer Act 1924 shall extend to and be in force in the Cook Islands, with the following modiﬁcations.
In the application of that Act to the Cook Islands every refer­ ence to the Supreme Court shall be read as a reference to the High Court, and every reference to a Justice of the Peace shall be read as a reference to a Judge of the High Court.

Instruments in respect of goods situated in any part of the Cook Islands shall be registered in the ofﬁce of the Registrar of the High Court at Rarotonga.
In subsection (1) the “Chattels Transfer Act 1924” has been substituted for the repealed “Chattels Transfer Act 1908”.

161 Part 24 s 627 Cook Islands Act 1915 Reprinted as at 3 September 2007 Subsection (3) was substituted for the original subsection (3) by section 2(1) of the Cook Islands Amendment Act 1966.
627 Copyright Act in force in Cook Islands (1) The Copyright Act 1962 shall apply to the Cook Islands in the same manner in all respects as if the Cook Islands were for all purposes part of New Zealand, and the term New Zealand as used in that Act shall, both in New Zealand and in the Cook Is­ lands, be construed as including the Cook Islands accordingly.
(2) (3) Offences punishable on summary conviction under that Act shall, if committed in the Cook Islands, be punishable by the High Court in the ordinary course of its criminal jurisdiction.

In subsection (1) the “Copyright Act 1962” has been substituted for the repealed “Copyright Act 1913”.

Section 627(2) was repealed by section 2(1) of the Cook Islands Amendment Act 1966.
628 Deaths by Accidents Compensation Act in force in Cook (1) Islands The Deaths by Accidents Compensation Act 1952 shall extend to and be in force in the Cook Islands.

(2) All proceedings in the Cook Islands under that Act shall be taken and prosecuted in the High Court in the ordinary course of its civil jurisdiction.

In subsection (1) the “Deaths by Accidents Compensation Act 1952” has been substituted for the repealed “Deaths by Accidents Compensation Act 1908”.
629 Demise of the Crown Act in force in Cook Islands (1) The Demise of the Crown Act 1908 shall extend to and be in force in the Cook Islands.

The term New Zealand as used in that Act shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands.

(2) 630 Parts of Infants Act in force in Cook Islands (1) Part 1 and Part 2 of the Infants Act 1908 (relating to the guardianship, custody, contracts, and wills of infants) shall extend to and be in force in the Cook Islands.
162 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 635 (2) Every reference in that Act to the Supreme Court shall, in its application to the Cook Islands, be construed as a reference to the High Court.

631 Marine Insurance Act in force in Cook Islands The Marine Insurance Act 1908 shall extend to and be in force in the Cook Islands.

632 Mercantile Law Act in force in Cook Islands (1) The Mercantile Law Act 1908 shall extend to and be in force in the Cook Islands.
Both in the application of that Act to the Cook Islands and in its application to New Zealand the term New Zealand as used in that Act shall be deemed to include the Cook Islands as being part of New Zealand.

(2) 633 Section 633 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

(2) 634 Partnership Act in force in Cook Islands (1) The Partnership Act 1908 shall extend to and be in force in the Cook Islands.
In the application of that Act to the Cook Islands— (a) Every reference to the Supreme Court shall be read as a reference to the High Court: Every reference to a Justice of the Peace shall be read as a reference to a Judge of the High Court: Every reference to an indictable offence shall be read as a reference to an offence punishable by the High Court in the ordinary course of its criminal jurisdiction.
(b) (c) (1) 635 Patents Act, Designs Act, Trade Marks Act, and Merchandise Marks Act in force in Cook Islands The Patents Act 1953, the Designs Act 1953, the Trade Marks Act 1953, and the Merchandise Marks Act 1954 shall apply to the Cook Islands in the same manner in all respects as if the Cook Islands were for all purposes part of New Zealand, and the term New Zealand as used in those Acts shall, both in New 163 Part 24 s 636 Cook Islands Act 1915 Reprinted as at 3 September 2007 Zealand and in the Cook Islands, be construed as including the Cook Islands accordingly.
(2) (3) Offences punishable on summary conviction under those Acts shall, if committed in the Cook Islands, be punishable by the High Court in the ordinary course of its criminal jurisdiction.

(4) All patents in force in New Zealand at the commencement of this Act shall extend to and be in force in the Cook Islands in the same manner as in New Zealand.
(5) All designs and trade marks registered in New Zealand at the commencement of this Act shall have the same protection in the Cook Islands as in New Zealand.

In subsection (1) the words in the ﬁrst set of square brackets were substituted for the words “The Patents, Designs, and Trade Marks Act 1911” by section 23(2)(a) of the Merchandise Marks Act 1954; and in subsections (1) and (3) the words “those Acts” were substituted for the words “that Act” by section 23(2)(b) of that Act.
Section 635(2) was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

636 Post Ofﬁce Act in force in Cook Islands (1) The Post Ofﬁce Act 1959 shall apply to the Cook Islands in the same manner in all respects as if those islands were for all purposes part of New Zealand, subject, however, to the following modiﬁcations.

Every offence against that Act committed in the Cook Islands shall be punishable in those islands by the High Court in the ordinary course of its criminal jurisdiction.
(2) (4) (3) All powers conferred upon a District Court Judge by that Act may be exercised in the Cook Islands by the High Court.

The term New Zealand as used in that Act shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands.

In subsection (1) the “Post Ofﬁce Act 1959” has been substituted for the re­ pealed “Post and Telegraph Act 1908”.
By the New Zealand Laws Act 1966 of the Cook Islands, the Post Ofﬁce Amendment Act 1965 was declared to extend to the Cook Islands as part of the law of the Cook Islands.

The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
164 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 639 637 Property Law Act in force in Cook Islands (1) (b) The Property Law Act 1952 shall extend to and be in force in the Cook Islands.
In the application of that Act to the Cook Islands— (a) Every reference to the Supreme Court shall be read as a reference to the High Court: Every reference to a Judge shall be read as a reference to a Judge of the High Court: Every reference to New Zealand shall be read as a ref­ erence to the Cook Islands: Every reference to a Registrar of the High Court shall be read as a reference to a Registrar of the High Court.
In subsection (1) the “Property Law Act 1952” has been substituted for the repealed “Property Law Act 1908”.

By the New Zealand Laws Act 1966 of the Cook Islands, the Property Law Amendment Act 1965 was declared to extend to the Cook Islands as part of the law of the Cook Islands.

(d) (c) 638 Sale of Goods Act in force in Cook Islands (1) The Sale of Goods Act 1908 shall extend to and be in force in the Cook Islands, subject to the following modiﬁcations.
Section 6 of the said Act shall not be in force in the Cook Islands, and no contract for the sale of goods shall in those islands be unenforceable because of the want of any note or memorandum in writing.

Section 24 of the said Act (relating to sales in market overt) shall not be in force in the Cook Islands.

S 6, referred to in subsection (2), was repealed by section 4 of the Contracts Enforcement Act 1956.
639 Trustee Act in force in Cook Islands (1) The Trustee Act 1956 shall extend to and be in force in the Cook Islands, subject to the following modiﬁcations.

Every reference in the said Act to New Zealand shall be con­ strued as a reference to the Cook Islands, and every reference to the Supreme Court shall be construed as a reference to the High Court.
Every reference in the said Act to the Registrar of the High Court for any judicial district shall be construed as a reference to any Registrar of the High Court.

(2) (2) (3) (2) (3) 165 Part 24 s 640 Cook Islands Act 1915 Reprinted as at 3 September 2007 In subsection (1) the “Trustee Act 1956” has been substituted for the repealed “Trustee Act 1908”.

In subsection (3) the words “Supreme Court” were changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
640 Wills Act Amendment Act 1852 in force in Cook Islands The Imperial Act the Short Title of which is the Wills Act Amendment Act 1852 (15 and 16 Victoria, chapter 24) shall extend to and be in force in the Cook Islands.

(2) 640A Merchant Shipping Act (UK) not to apply to Cook Islands It is hereby declared that the United Kingdom Merchant Ship­ (1) ping Act does not form part of the law of the Cook Islands.
In this section the term United Kingdom Merchant Shipping Act means the Act of the United Kingdom Parliament intituled the Merchant Shipping Act 1894; and includes all other Acts of the United Kingdom Parliament that are to be construed as one with that Act; and also includes all Orders in Council and Proclamations under any such Act, and all other rules, regulations, or notices made or given by any United Kingdom authority under any such Act.
This section was inserted by section 13(1) of the Cook Islands Amendment Act 1962.

See section 13(2) of that Act.

641 Limitation of actions (1) (2) The law of the Cook Islands as to prescription and the limita­ tion of actions shall be the same as that which is in force for the time being in New Zealand.
For the purposes of the law as to prescription and the limitation of actions New Zealand shall in the Cook Islands be deemed to be parts beyond the seas, and the Cook Islands shall in New Zealand be deemed to be parts beyond the seas.

(3) No right, title, estate, or interest in Native land shall be ac­ quired or lost by prescription or limitation.
For the purposes of the law of prescription and the limitation of actions no account shall be taken of time which has elapsed before the commencement of this Act.

(4) 166 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 648 642 643 644 Miscellaneous rules of law Sections 642 to 644 were repealed by section 2 of 1982 No 65.

Sections 642 to 644 were repealed by section 2 of 1982 No 65.

Sections 642 to 644 were repealed by section 2 of 1982 No 65.
645 Contracts by Natives The jurisdiction of the High Court or of any other Court in the Cook Islands to enforce any contract made by a Native (other than a contract of alienation of Native land duly conﬁrmed by the Land Court) shall be discretionary; and if the Court is of opinion, having regard to the interests of the Native, that the contract is oppressive, unreasonable, or improvident, the Court may either refuse to enforce the contract or may enforce it only to such extent and on such terms as the Court thinks ﬁt.
The reference to the “Land Court” was substituted for a reference to the “Native Land Court” by section 57(4) of the Cook Islands Amendment Act 1964.

646 Securities given by Natives No security given by a Native over any property shall be en­ forceable, whether by the exercise of a power of sale or other­ wise, without the leave of the High Court.
647 Employer’s liability When in any action for damages the cause of action depends on the negligence of a servant of the defendant, it shall be no defence that the plaintiff was engaged in common employment with that servant.

648 Liability of owners of dogs In any action for damages for the act of a dog in attacking a human being or any animal, it shall be no defence that the defendant had no knowledge of the dangerous or mischievous character of the dog.
167 Part 24 s 649 Cook Islands Act 1915 Reprinted as at 3 September 2007 649 Distress for rent abolished (1) Notwithstanding anything to the contrary in any Act, or in any rule of law or in any lease to the contrary, it shall not be lawful for any person to distrain for rent.

This section shall extend and apply to leases granted by the Crown.
(2) 650 Calendar of the Cook Islands The calendar in the Cook Islands shall be one day behind the calendar in New Zealand, so that the 1st day of January in the Cook Islands shall be that day which is coincident for the most part of its duration with the 2nd day of January in New Zealand, and so on from day to day throughout the year, and so that Sunday in the Cook Islands shall be that day which is coincident for the most part of its duration with Monday in New Zealand, and so on from day to day throughout the week.
651 Time of day in Cook Islands (1) The hour of the day in each of the islands included in the Cook Islands.

.

.

shall be determined as if each island were situated on the meridian 157 degrees 30 minutes west of Greenwich.

(2) This section was substituted for the original section 651 by section 3 of the Cook Islands Amendment Act 1952.

In subsection (1) the words “other than Niue” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.
Section 651(2) was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

652 Statutory references to time All references to time in any enactment in force or which may hereafter be in force in the Cook Islands shall in respect of the application of that enactment to the Cook Islands be construed in accordance with the calendar of the Cook Islands as estab­ lished by this Act.
653 Statutory declarations (1) Any Judge or Registrar of the High Court or of the Land Court or any Judge of the Land Appellate Court, or the High Com­ 168 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 653A (2) missioner, or any Resident Agent, Collector of Customs, Med­ ical Ofﬁcer, Commissioner of the High Court, or Solicitor of the High Court, may in the Cook Islands take and receive in any matter the declaration of any person voluntarily making the same before him in the form in Schedule 2 to this Act.
If any declaration so made is false in any material particu­ lar, the person wilfully making such false declaration shall be guilty of an offence punishable by imprisonment for 2 years.

(3) Any declaration made in the Cook Islands under and in ac­ cordance with this section shall be deemed to be a statutory declaration within the meaning of that term as used in any en­ actment in force in the Cook Islands or in New Zealand.
In subsection (1) the references to the “Land Court” and “Land Appellate Court” were substituted for references to the “Native Land Court” and the “Native Appellate Court” by section 57(4) of the Cook Islands Amendment Act 1964.

In subsection (1) the words in the second set of single square brackets (as now amended by section 57(4) of the Cook Islands Amendment Act 1964) were inserted by section 53 of the Cook Islands Amendment Act 1946.
In subsection (1) the words in the third set of single square brackets were sub­ stituted for the words “the High Commissioner, the Resident Commissioner, or any” (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
653A Execution of documents in Cook Islands for use in New Zealand Where in any enactment (whether in force in the Cook Islands or not) it is provided that any document executed outside New Zealand shall be admissible in New Zealand before any Court or any person acting judicially or be accepted for registration or deposit in New Zealand if the execution thereof is witnessed by a notary public, Commonwealth representative, Consular ofﬁcer, or overseas representative of the Government of New Zealand, or any person holding any other speciﬁed ofﬁce, it shall be a sufﬁcient compliance with that provision, in the case of a document executed in the Cook Islands, if the execution is witnessed by the High Commissioner or by a Judge, or Com­ missioner, or a Registrar of the High Court.
169 Part 24 s 654 Cook Islands Act 1915 Reprinted as at 3 September 2007 This section was inserted by section 5 of the Cook Islands Amendment Act 1967.

654 Taxes on Native land All taxes imposed by any Act, Ordinance, or other lawful au­ thority upon Native land or upon any person in respect of the ownership or occupation of Native land shall constitute a charge upon that land.
655 Bankruptcy (1) Bankruptcy in New Zealand shall have the same effect in re­ spect to property situated in the Cook Islands as if that property was situated in New Zealand.

(2) Nothing in this section shall apply to the interest of a Native or descendant of a Native in Native land or to the interest of any person in customary land.

In subsection (2) the words in square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950.
656 Warrants of arrest (1) Except where other provision is made by law in that behalf, any warrant for the arrest of any person in the Cook Islands may be directed either to any constable or other person by name, or generally to the constables of the Cook Islands or of any island included therein.

(2) When such a warrant is directed to constables generally, any such constable may execute the warrant in like manner as if it was directed specially to him by name.
(3) Any such warrant may be granted and executed on a Sunday, and either by day or night.

Every such warrant shall name or otherwise describe the per­ son against whom it is issued.

It shall not be necessary to make such warrant returnable at any particular time, but it may remain in full force until executed.
(4) (5) 170 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 657A 657 Trespass ab initio No lawful entry, seizure, arrest, or other act shall by reason of any unlawful act subsequent thereto be deemed to have been a trespass ab initio.
Oath of Allegiance and Judicial Oath 657A Certain ofﬁcers to take Oath of Allegiance and Judicial (1) (2) (3) (4) (5) Oath The oath in this section referred to as the Oath of Allegiance shall be in the form following, that is to say: “I, , swear that I will be faithful and bear true allegiance to Her [or His] Majesty [Specify the name of the reigning Sovereign, as thus: Queen Elizabeth the Second], Her [or His] heirs and successors, according to law.
So help me God.” The oath in this section referred to as the Judicial Oath shall be in the form following, that is to say: “I, , swear that I will well and truly serve Her [or His] Majesty [Specify as above], Her [or His] heirs and successors, accord­ ing to law, in the ofﬁce of ; and I will do right to all manner of people after the laws and usages of the Cook Islands, without fear or favour, affection or ill will.
So help me God.” Every person required to take the Oath of Allegiance and the Judicial Oath shall be entitled as of right to make his afﬁrm­ ation, instead of taking an oath.

Every such afﬁrmation shall be as follows: “I, , sincerely promise and afﬁrm”, and shall then proceed with the words of the oaths prescribed by subsections (1) and (2) of this sec­ tion, omitting any words of imprecation or calling to witness.
The Oath of Allegiance and the Judicial Oath shall be taken by each of the following ofﬁcers (being persons appointed to those ofﬁces after the commencement of this section) as soon as may be after his acceptance of ofﬁce: (a) (b) (c) (d) (e) (f) 171 Part 24 s 657A Cook Islands Act 1915 Reprinted as at 3 September 2007 (i) (g) (h) Every person holding an ofﬁce by virtue of which he is a District Court Judge within the meaning of section 278 of this Act: Sheriffs.
(j) The oaths to be taken under this section may be taken either in the Cook Islands or in New Zealand, and shall be taken before the following persons in such manner as the person adminis­ tering the oath sees ﬁt to adopt: (a) (b) (c) In the case of any District Court Judge within the mean­ ing of section 278 of this Act or of any Sheriff, before the Chief Judge or any other Judge of the High Court or the High Commissioner, or before any other person speciﬁed by the High Commissioner in any particular case.
Substituted by s 3(1) of the Cook Islands Amendment Act 1965, and repealed by s 2(1) of the Cook Islands Amendment Act 1966.
(d) (e) If any person mentioned in subsection (5) of this section de­ clines or neglects, when the oaths required to be taken by him under this section are duly tendered, to take those oaths, he shall if he has already entered on his ofﬁce vacate the same, and if he has not entered on the same be disqualiﬁed from en­ tering on the same; but no person shall be compelled in respect of the same appointment to the same ofﬁce to take any oath more than once: Provided that no proceedings before any such person may be questioned in any Court solely on the ground that that person has failed to take the oaths prescribed by this section.
This section was inserted by section 94 of the Cook Islands Amendment Act 1957.

Paragraph (a) of subsection 5 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

Paragraph (b) of subsection 5 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

(6) (7) 172 Reprinted as at 3 September 2007 Cook Islands Act 1915 Part 24 s 658 Paragraph (c) of subsection 5 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.
Paragraph (d) of subsection 5 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

Paragraph (e) of subsection 5 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

Paragraph (f) of subsection 5 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

Paragraph (g) of subsection 5 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

Section 657A(5)(h) was repealed by section 2(1) of the Cook Islands Amend­ ment Act 1966.
Paragraph (a) of subsection 6 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

Paragraph (b) of subsection 6 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

Paragraph (c) of subsection 6 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

In subsection (6), paragraph (d) was substituted for the former paragraph (d) (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
The words “District Court Judge” have been substituted for the word “Magis­ trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
Repeals and validation 658 Repeal of all existing laws of the Cook Islands (1) So far as the Parliament of New Zealand has authority and jur­ isdiction in that behalf, and save so far as otherwise expressly provided in this Act, all Acts, Ordinances, regulations, and other enactments and laws whatsoever (including Native cus­ toms and usages so far as they may have the force of law) now in force in the Cook Islands or in any part thereof are, so far as there in force, hereby repealed and abolished.
(2) Nothing in this section shall extend or apply to the Customs Act 1913 or the Customs Duties Act 1908 or their amend­ ments, or to any regulations or other acts of authority origin­ ating under those Acts.
(3) Notwithstanding anything in this section, all Ordinances of the Federal Council or of any Island Council, and all Acts of the former Parliament of the Cook Islands, which are at the 173 Part 24 s 659 Cook Islands Act 1915 Reprinted as at 3 September 2007 commencement of this Act in force in the Cook Islands or any part thereof shall, so far as consistent with this Act, remain in force until the 1st day of July 1916 and no longer, but they may at any earlier time be repealed in respect of any island by an Ordinance of the Island Council or by Order in Council.
Section 20 of the Acts Interpretation Act 1924 (relating to the repeal of Acts) shall extend and apply to all Acts, Ordinances, regulations, enactments, and laws repealed or abolished by or in pursuance of this section.
(4) (5) On the abolition of any Court of justice in the Cook Islands by or in pursuance of this Act all proceedings then pending in that Court, whether civil or criminal, may be continued and com­ pleted (save so far as other provision is made in that behalf by this Act) in the High Court in accordance with the ordin­ ary procedure of that Court so far as may be and with all ne­ cessary modiﬁcations; and all judgments, orders, convictions, sentences, and other judicial acts theretofore given, made, or done by the Court so abolished shall remain in full force and effect, and shall (save so far as other provision is made by this Act in that behalf) have the same operation as if given, made, or done by the High Court with full authority, and may be exe­ cuted and enforced accordingly.
In subsection (4), the “Acts Interpretation Act 1924” has been substituted for the repealed “Acts Interpretation Act 1908”.

659 Enactments speciﬁcally repealed Without limiting the generality of the last preceding section, the enactments mentioned in Schedule 3 hereto are hereby re­ pealed to the extent indicated in that Schedule.
660 Validation of Ordinances (1) No Ordinance of the Federal Council or of any Island Council which has been consented to by the Governor­General before the passing of this Act, or which may be consented to by the Governor­General before the commencement of this Act, shall in any Court or in any proceedings (whether pending at the passing of this Act or commenced thereafter) be questioned or held invalid because of any defect in the constitution of the Federal Council or of any Island Council, or in the procedure 174 Reprinted as at 3 September 2007 Cook Islands Act 1915 Schedule 1 by which the Ordinance was passed; and all such Ordinances shall be deemed to be and at all times to have been in full force and effect notwithstanding any such defect.
This section shall, notwithstanding anything to the contrary hereinbefore contained, come into operation on the passing of this Act.
(2) Schedule 1 Boundary lines enclosing the Cook Islands Section 2 A LINE commencing at a point at the intersection of the 23rd degree of south latitude and the 156th degree of longitude west of Green­ wich, and proceeding due north to the point of intersection of the 8th degree of south latitude and the 156th degree of longitude west of Greenwich; thence due west to the point of intersection of the 8th degree of south latitude and the 167th degree of longitude west of Greenwich; thence due south to the point of intersection of the 17th degree of south latitude and the 167th degree of longitude west of Greenwich; thence due west to the point of intersection of the 17th degree of south latitude and the 170th degree of longitude west of Greenwich; thence due south to the point of intersection of the 23rd degree of south latitude and the 170th degree of longitude west of Greenwich; and thence due east to the starting point at the intersec­ tion of the 23rd degree of south latitude and the 156th degree of lon­ gitude west of Greenwich.
175 Schedule 2 Cook Islands Act 1915 Schedule 2 Form of declaration Reprinted as at 3 September 2007 Section 653 The words “High Commissioner of the Cook Islands” were substituted for the words “High Commissioner of the Cook Islands, Resident Commissioner of Niue” (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) Cook Islands Amendment Act 1966.
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Schedule 3 Enactments repealed Section 659 Title The Cook Islands Government Act 1908 Extent of Repeal The whole Act.

The Customs Act 1913 Section 304.

The Licensing Act 1908 Sections 274 to 283.

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