Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834183463.pdf (New Zealand)
Niue Act 1966 Public Act Date of assent 1966 No 38 7 October 1966 Contents Title Short Title and commencement Interpretation Application 1 2 3 Part 1 The Executive Government of Niue The public revenues of Niue Loans to Niue Government Account Treasurer of Niue Revenue and expenditure Traders’ deposit accounts Persons authorised to practise medicine or surgery Offences Director of Health 16 17 18 19 21 22 23 23A Medical services 24 25 Hospitals and other institutions of public health Compulsory transfer of lepers Prisons and police 26 27 28 29 Establishment of prisons Detention of persons in custody Labour instead of imprisonment Appointment of ofﬁcers of police and prisons Education Part 2 The Legislative Government of Niue 48 Publication of enactments in Niue Island Gazette Note This Act is administered in the Ministry of Justice.
Page 18 18 18 22 23 24 24 25 26 27 28 30 30 30 31 31 32 33 34 1 Reprinted as at 3 September 2007 Niue Act 1966 Regulations Village councils Village Councils Village Council bylaws Validity and disallowance of bylaws Part 3 The High Court of Niue Constitution of the High Court Registrar and Deputy Registrar of the High Court Administrative ofﬁcers Seal of the High Court Records of the High Court Jurisdiction of the High Court Injunction, certiorari, mandamus, and prohibition Habeas corpus Custody of minors Procedure of the High Court Rules of Court Procedure so far as not governed by rules of Court Forms Summons to witnesses Default of witness Commissioners to take evidence Evidence by afﬁdavit sworn out of Niue Witnesses may be ordered out of Court Afﬁdavits in Niue Evidence by afﬁdavit Right of audience in the High Court Costs Security for costs Court fees Minutes of judgments Amendments Rehearing of civil proceedings Rehearing of criminal proceedings Execution of judgments Writs of sale and possession Effect of writ of possession Reprinted as at 3 September 2007 Niue Act 1966 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Effect of writ of sale Issue of writs of sale or possession Charging orders Stay of execution Judgment summons Enforcement of judgments of High Court in High Court of 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 Penalty for contempt Jurisdiction in contempt Contempt in the face of the Court Discharge of persons in contempt Part 4 The Supreme Court of New Zealand Jurisdiction of the Supreme Court in Niue Civil jurisdiction of Supreme Court extends to Niue Jurisdiction under the Declaratory
 Judgments Act 1908 Criminal jurisdiction of High Court in respect of Niue Cases stated by the High Court or Land Court or Land Appellate Court High Court or Land Court or Land Appellate Court may state a case for the Court of Appeal Cases stated by High Court for Land Appellate Court 110 High Court may state case for Land Appellate Court Appeals from the High Court 113 114 115 117 118 Transmission of record Dismissal of appeal for non­prosecution Procedure on appeal Powers of Court of Appeal on appeal Evidence on appeal 45 45 45 45 45 46 47 48 48 48 48 49 49 49 50 50 50 51 51 52 53 54 54 55 55 56 3 Niue Act 1966 Reprinted as at 3 September 2007 119 120 121 122 123 125 126 127 128 Stay of execution Release of appellant from custody Appeal not to be allowed for irregularities in procedure Right of audience on appeal Transmission of order of Court of Appeal on appeal No certiorari, mandamus, or prohibition Enforcement in Niue 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 Commissioners of the High Court Commissioners of the High Court may be appointed in Niue Part 5 Criminal offences Seditious offences deﬁned Punishment of seditious offences Homicide deﬁned Killing of a child Culpable homicide 129 130 131 132 133 134 Murder deﬁned 135 136 137 138 139 Manslaughter 140 141 142 143 144 145 146 147 148 149 150
 151 152 4 Further deﬁnition of murder Provocation Illegal arrest may be evidence of provocation Punishment of murder Punishment of manslaughter Omissions dangerous to life Duty to provide the necessaries of life Duty of parent or guardian to provide necessaries Liability of persons having charge of dangerous things Hastening death Indirect cause of death Attempted murder Conspiracy and inciting to murder Counselling suicide Concealment of birth Grievous bodily harm Actual bodily harm 56 56 56 57 57 57 58 59
harm Actual bodily harm Reprinted as at 3 September 2007 Niue Act 1966 Omissions resulting in bodily harm Intentionally endangering persons on aerodromes, etc 153 154 155 Wantonly endangering persons on or near aerodromes, etc Indecent assault 156 Assault 157 157A Cruelty to a child 158 159 160 161 162 163 164 Resisting constable in execution of his duty Abduction of girl under 15 Abduction of children Sexual intercourse deﬁned Rape Sexual intercourse or indecency with girl under 12 Sexual intercourse or indecency with girl between 12 and 15 Sexual intercourse with woman or girl who is an idiot or imbecile or of unsound mind Procuring miscarriage of woman or girl Act of woman or girl procuring her own miscarriage Supplying means of miscarriage Bigamy Buggery Attempted buggery and indecent assaults on males Incest Indecent acts Indecent documents Brothels Gaming houses Riot Forcible entry Affrays Ofﬁcial corruption Perjury Fabricating evidence Conspiracy to pervert justice Breaking prison Escape Rescue Criminal libel or slander Deﬁnition of theft Ineffectual defences to charge of theft Extended deﬁnition of theft Niue Act 1966 Reprinted as at 3 September 2007 191 Threats to kill or do bodily harm
 Forgery Extended deﬁnition of forgery Obtaining money or goods by false pretences to be deemed theft Punishment of theft Stealing documents Receiving stolen goods Robbery Conversion or attempted conversion of motorcars, etc Breach of trust Obtaining credit by fraud Accusation of criminal offences Conspiracy to defraud Obtaining execution of valuable securities by fraud Burglary Unlawful entry of dwellinghouse, etc 192 193 194 195 196 197 198 Menaces 199 Witchcraft 200 201 202 203 204 205 205A Unlawfully
 entering premises for a criminal purpose 206 207 208 209 Making counterfeit coin Lightening coin 210 Uttering counterfeit coin 211 212 Arson 213 Wilful mischief to property 214 215 216 217 218 219 220 221 222 223 224 225 Wilful trespass 226 227 228 Provoking breach of the peace Profane, indecent, or obscene language Disorderly conduct in public places Obstructing public place Drunkenness Animal trespass Prostitution Laying poison Polluting water Sale of unwholesome provisions Insanitary premises Cruelty to animals Falsely trading as an incorporated company Conspiracy 229 Attempts to commit offences Attempts Reprinted as at 3 September 2007 Niue Act 1966 230 231 232 233 234 235 236 237 Attempt proved when offence is charged Offence proved when attempt is charged Parties to offences Inciting Parties to offences Common criminal purpose Counselling or procuring Accessory after the fact Punishment of accessories 237A Children under 10 237B Children between 10 and 14 Infancy 238 239 Common law defences Common law offences Defences Sentences Power to ﬁne instead of or in addition to imprisonment Enforcement of ﬁnes Imprisonment in Niue Transfer of convicted persons to New Zealand Release of prisoners transferred to New Zealand 240 241 242 243 244 244A Recall of offender subject to supervision 245 Person conditionally released from imprisonment, or portion of
 whose sentence is conditionally remitted, may be reimprisoned Cumulative sentences 246 247 248 249 Part 6 Criminal procedure District Court Judges Jurisdiction of High Court Felonies and misdemeanours Preliminary proceedings Arrest without warrant Arrest on warrant of District Court Judge 250 251 251A Duty of persons arresting 252 Committal by District Court Judge for trial 92 92 92 92 93 93 93 94 94 94 95 95 95 95 96 96 97 101 101 102 102 103 103 103 104 105 106 7 Niue Act 1966 Reprinted as at 3 September
 2007 Trial by the High Court 253 Information 254 Warrant or summons 255 Warrant after issue of summons 255A Arrested person may be released on bail by constable in 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 certain cases Prisoners brought before Judge of High Court before commencement of prosecution Remand Trial of accused in his absence Assessors Constitution of Court on criminal trials Judge with assessors Judge without assessors Judge with or without assessors as he thinks ﬁt Order appointing assessors Number and qualiﬁcations of assessors Default of assessors Remuneration of assessors Oath of assessors Change of assessors Discharge of assessors and new trial Concurrence of assessors Concurrence of Judge Sentence Concurrence of assessors not necessary except for conviction Miscellaneous provisions Alternative and cumulative charges Relation between information and conviction 274 275 276 Withdrawal of information Drawing up of conviction 277 Defects of information, summons, or warrant 278 Payment of witnesses 279 Court may order convicted person to come up for sentence 280 if called upon Conviction without sentence or discharge without conviction Bail Stay of proceedings by Cabinet Search warrants Reprinted as at 3 September 2007 Niue Act 1966 284A Power to enter premises to arrest
 offender or prevent offence Transmission of certain warrants and orders by telegram Pardon and remission of sentence Compensation for loss of property Part 7 Law of evidence Deﬁnitions Discretionary power of admitting or rejecting evidence All witnesses competent Evidence of parties and their husbands and wives Evidence of accused persons and their husbands and wives Cross­examination as to credit Criminating questions Evidence of prisoners Judicial notice of Acts, etc Judicial notice of seals, etc Power to
 administer oaths Form of oath Absence of religious belief Afﬁrmation may be made instead of oath Form of afﬁrmation Evidence of children without oath Necessity of oath Part 8 Extradition Extradition from Niue to New Zealand or to the Cook Islands Arrest in Niue of fugitive offenders from New Zealand or the Cook Islands Order of return to New Zealand or to the Cook Islands Refusal of order in case of hardship Imprisonment or release pending return Release on security instead of return Return to New Zealand or to the Cook Islands in custody Cancellation of order of return Extradition from New Zealand to Niue Arrest in New Zealand of fugitive offenders from Niue Order of return to Niue Niue Act 1966 Reprinted as at 3 September 2007 131 131 131 132 132 132 133 134 147 148 150 151 152 314 315 316 317 318 319 Judicial notice of signature to warrant Refusal of order in case of hardship Imprisonment or release pending return Release on security instead of return Return to Niue in custody Cancellation of order of return Application of Extradition Act to Niue 320 Extradition Act in force in Niue Part 9 Crown suits 321 Crown proceedings in Niue Part 10 Crown land Part 11 The Land Court of Niue Part 12 The Land Appellate Court of Niue Part
 13 Customary land Part 14 Partition and exchange of Niuean land Part 15 Alienation of Niuean land Part 16 Land development 461 462 Application of this Part Cabinet of Ministers may cultivate land on behalf of owners Disposal of revenues received by Cabinet of Ministers 463 464 Money to be paid out of or into Niue Government Account Interference and obstruction prohibited 466 10 Reprinted as at 3 September 2007 Niue Act 1966 Part 17 Housing improvement Part 18 Vesting orders Part 19 Niuean succession 489
 Wills of Niueans 490 491 497 498 Succession to deceased Niueans Niuean land not to vest in administrator Niuean land not assets for payment of debts Estate of Niuean other than land to be assets for payment of debts Part 20 Trustees for Niueans Deﬁnition of person under disability Trustee orders 500 501 502 Matters to be set forth in trustee orders Appointment of new trustees 503 Orders restricting powers of trustees 504 Cancellation of trustee orders 505 Determination of trustee orders 506 Trust property not to vest in trustee 507 Administration of property by trustee 508 Alienation of property by trustee 509 Powers of trustee 510 Expenditure of revenues of trust property 511 Enforcement of trusts 512 Co­trustees must act jointly 513 Remuneration of trustees 514 Part 21 Marriage 515 Prohibited degrees of consanguinity or afﬁnity 516 Marriages to take place before marriage ofﬁcer 517 Marriage Ofﬁcer deﬁned 518 519 520 521 Mode of solemnisation 522 523 Appointment of marriage ofﬁcers Offence Notice of marriage Record of marriage Signature of record Niue Act 1966 Reprinted as at 3 September 2007 Transmission of record 524 525 Minimum age of marriage 526 Marriage of minors 527 528 529 Misrepresentation as to facts to procure marriage Offence by marriage ofﬁcer Signature of false record by party or witness Part 22 Divorce Jurisdiction of High Court in
 divorce Nullity of marriage and dissolution of voidable marriage Limitation of jurisdiction Domicile and residence Grounds of divorce and jurisdiction of High Court Grounds of refusal of divorce Discretion to refuse decree in certain cases Co­respondent as a party Intervention Agreement no bar to divorce No appeal to Court of Appeal Remarriage of divorced persons Costs Order for maintenance of divorced wife Order as to custody of children 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545
 Molestation of divorced wife by her husband 546 Jurisdiction of High Court Part 23 Maintenance and afﬁliation 547 Interpretation Maintenance and afﬁliation orders Jurisdiction of High Court Applications Jurisdiction discretionary Afﬁliation orders Evidence 548 549 550 551 552 553 Maintenance order in favour of child born out of wedlock 554 Maintenance order against father in favour of child 555 Maintenance order against mother in favour of child 556 Maintenance order against husband in favour of wife 557 Maintenance order against wife in favour of husband Reprinted as at 3 September 2007 Niue Act 1966 558 Maintenance order against any person in favour of father or mother Disobedience to maintenance order 559 560 Maintenance money a debt 561 562 563 564 565 566 567 568 569 570 571 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 Offences 572 573 574 575 576 577 578 579 Leaving Niue while maintenance money in arrear Leaving Niue after afﬁliation order and before birth of child Leaving Niue with intent to disobey maintenance order
 Leaving Niue while failing to maintain wife Leaving Niue while failing to maintain child Leaving Niue with intent to desert wife or child Attempting to leave Niue Evidence of intent Part 24 Adoption of children by Niueans Part 25 Adoption of children by Europeans and Niuean spouses of Europeans Part 26 Persons of unsound mind Orders of medical custody Application by Medical Ofﬁcer to High Court 600 601 Medical certiﬁcates as to persons of unsound mind 602 603 604 605 Order of medical custody Renewal of
 order Cancellation of order Discharge from custody 175 175 176 176 176 176 176 176 177 177 177 178 178 179 179 179 179 180 180 180 181 181 183 183 183 184 184 184 13 Niue Act 1966 Reprinted as at 3 September 2007 606 Arrest and detention of persons committed to medical custody Treatment of person so detained Removal from Niue to New Zealand Conditions of removal 607 608 609 610 Method of removal 611 Admission to hospital of persons removed to New Zealand Administration of estates of persons of unsound mind No committee of estate of person of unsound mind 612 613 614 Warrant for arrest of persons of unsound mind 615 Arrest without warrant of persons of unsound mind Persons of unsound mind charged with offences 616 617 618 619 620 Insane persons not to be tried for offences Detention of accused persons acquitted on ground of insanity Discharge Orders of medical custody The defence of insanity in criminal prosecutions Part 27 Intoxicating liquor Interpretation 621 621A Importation of intoxicating liquor 622 Liquor control authority 623 Manufacture of intoxicating liquor prohibited 624 625 626 Importation of intoxicating liquor prohibited [Repealed] Cabinet of Ministers may import intoxicating liquor Offences as to intoxicating liquor illegally manufactured or imported Sale of intoxicating liquor Restrictions on giving intoxicating liquor to other persons Arrest of persons suspected of having illegally dealt with intoxicating liquor Seizure and forfeiture of
 intoxicating liquor Search warrant Persons found on premises deemed illegally dealing in intoxicating liquor Names of persons found on premises searched may be demanded Reprinted as at 3 September 2007 Niue Act 1966 Part 28 Roads Part 29 Niuean antiquities Interpretation 645 646 Minister may acquire Niuean antiquities 647 648 Niuean antiquities to be offered for sale
 before exportation Power to detain Niuean antiquities attempted to be exported Exporting Niuean antiquities without permission Power to remove antiquities in certain cases Right to copy of antiquities intended to be exported Cabinet of Ministers to decide what articles come under this Part Part 30 Customs Customs Act 1966 in force in Niue Niue Assembly may modify Tariff or substitute new Tariff Goods may be imported from New Zealand or Cook Islands free of duty Niue Assembly may impose duties in certain cases Actions and prosecutions in relation to Niue Part 31 The Niue Public Service Interpretation Appointments of employees Exemptions State Services Act 1962 not applicable Public Service Regulations Payment of salary and allowances Bonds and deeds of covenant by employees or prospective employees Concurrent ofﬁces Employment in New Zealand Government Service and Niue Public Service Contribution to Government Superannuation Fund by employees of the Niue Public Service Niue Act 1966 Reprinted as at 3 September 2007 Part 32 The laws of Niue: general provisions Application of the laws of New Zealand Law of England as in the year 1840 to be in force in Niue Jurisdiction of the High Court Common law and equity to be administered concurrently Statute law of New Zealand not applicable to Niue 672 673
 674 675 676 When enactment in force in Niue, amendments and 677 regulations to be in force also Other enactments in force in Niue to be read subject to this Act Criminal procedure in Niue 678 Acts Interpretation Act in force in Niue 679 Administration Act in force in Niue 680 Arbitration Act in force in Niue 681 Bills of Exchange Act in force in Niue 682 683 Carriers Act in force in Niue 683A Charitable Trusts Act in force in Niue 684 Chattels Transfer Act in force in Niue 684A Citizenship Act in force in
 Niue 685 Incorporated Societies Act in force in Niue Industrial and Provident Societies Act in force in Niue Parts of Infants Act in force in Niue Sections 23, 25, and 26 of Control of Prices Act in force in Niue Copyright Act in force in Niue 686 Deaths by Accidents Compensation Act in force in Niue 687 Demise of the Crown Act in force in Niue 688 689 Designs Act in force in Niue 689A Misuse of Drugs Act in force in Niue 690 691 692 693 Marine Insurance Act in force in Niue 694 Mercantile Law Act in force in Niue 695 Merchandise Marks Act in force in Niue Occupiers Liability Act in force in Niue 696 Partnership Act in force in Niue 697 Patents Act in force in Niue 698 Post Ofﬁce Act in force in Niue 699 Property Law Act in force in Niue 700 701 Sale of Goods Act in force in Niue 701A Seal of New Zealand Act in force in Niue Trade Marks Act in force in Niue 702 Trustee Act in force in Niue Reprinted as at 3 September 2007 Niue Act 1966 704 Wills Act Amendment Act 1852 in force in Niue 705 Merchant Shipping Act (UK) not to apply to Niue 706 Limitation of actions Miscellaneous rules of law 707 708 709 710 711 712 713 714 715 716 Legal status of married women Legitimacy Joint liability Contracts of guarantee Contracts Securities given by Niueans Employer’s liability Liability of owners of dogs Distress for rent
 abolished Libel and slander actionable without proof of special damage Calendar of Niue 717 Time of day in Niue 718 Statutory references to time 719 Statutory declarations 720 Execution of documents in Niue for use in New Zealand 721 Taxes on Niuean land 722 723 Bankruptcy 724 Warrants of arrest Trespass ab initio 725 Miscellaneous provisions Banking Sale of island products by Cabinet of Ministers on behalf of planters Oath of allegiance and judicial oath Certain ofﬁcers to take Oath of Allegiance and Judicial
 Oath Part 33 Transitional provisions, savings, and consequential amendments Cook Islands Act and amendments not to apply to Niue The High Court The Land Court The Land Appellate Court The Niue Public Service Niue Act 1966 Reprinted as at 3 September 2007 734 735 Customs Consequential amendments Schedule 1 Reserved enactments [Repealed] Schedule 2 Form of declaration Schedule 3 Enactments ceasing to be in force in Niue 237 237 238 239 239 An Act to consolidate and amend certain enactments of the General Assembly relating to the Government and laws of Niue BE IT ENACTED by the General Assembly of New Zealand in Parliament, and by the authority of the same, as follows: Short Title and commencement This Act may be cited as the Niue Act 1966.
Part 30 of this Act shall come into force on a date to be thereof, by Order in appointed for the commencement Council.

Except as provided in subsection (2) of this section, this Act shall come into force on the 1st day of January 1967 (hereinafter referred to as the commencement of this Act).

Interpretation In this Act, unless the context otherwise requires,— Act means an Act of the Niue Assembly Act: this deﬁnition was inserted by section 2(1) of the Niue Amendment Act 1974.
Aerodrome and aircraft have the same meanings as in the Civil Aviation Act 1964 Alienation[Repealed] Alienation: Amendment Act (No 2) 1968.
[Repealed] this deﬁnition was repealed by section 102(1) of the Niue 1 (1) (2) (3) 2 18 Reprinted as at 3 September 2007 Niue Act 1966 s 2 this deﬁnition was repealed by section 2(1) of the Niue Attorney­General includes the Solicitor­General Cabinet means the Cabinet of Ministers of Niue established by Article 2 of the Constitution Cabinet: this deﬁnition was inserted by section 2(1) of the Niue Amendment Act 1974.

Commission[Repealed] Commission: Amendment Act 1974.
[Repealed] Comptroller of Customs means the ofﬁcer of the Niue Public Service holding the position of Comptroller of Customs; and includes his deputy lawfully acting in place of the Comptroller Constable means an ofﬁcer of police of the Niue Public Service The Constitution means the Constitution of Niue, as set out in the Niuean language in Schedule 1 to the Niue Constitution Act 1974 and in the English language in Schedule 2 to that Act The Constitution: this deﬁnition was inserted by section 2(1) of the Niue Amendment Act 1974.
Crown land and Customary land[Repealed] Crown land and Customary land: these deﬁnitions were repealed by section 102(1) of the Niue Amendment Act (No 2) 1968.

[Repealed] Defence means the defence of Niue and the defence of New Zealand Director of Health means the Director of Health of Niue appointed under section 23 of this Act Director of Health: this deﬁnition was inserted by section 18(1) of the Niue Amendment Act 1971.
Enactment has the same meaning as in Article 82(1) of the Constitution Enactment: this deﬁnition was substituted for the former deﬁnition (as substituted by section 4(2) of the Niue Amendment Act 1971) by section 2(1) of the Niue Amendment Act 1974.

European means any person whatever other than a Niuean; and includes a body corporate European land[Repealed] European land: Amendment Act (No 2) 1968.
[Repealed] this deﬁnition was repealed by section 102(1) of the Niue 19 s 2 Niue Act 1966 Reprinted as at 3 September 2007 any decree, judicial includes Executive Committee[Repealed] Executive Committee: this deﬁnition was inserted by section 4(1) of the Niue Amendment Act 1971 and was repealed by section 2(1) of the Niue Amendment Act 1974.
[Repealed] External affairs includes relations with other countries, and with international organisations, and the representation of other countries in Niue High Court means the High Court of Niue Island Assembly[Repealed] Island Assembly: this deﬁnition (as substituted by section 5(1) of the Niue Amendment Act 1973) was repealed by section 2(1) of the Niue Amendment Act 1974.
[Repealed] Judgment or determination, whether in an action or in any other judicial proceeding, whether civil or criminal Land Appellate Court means the Land Appellate Court of Niue Land Court means the Land Court of Niue Leader of Government[Repealed] Leader of Government: this deﬁnition was inserted by section 4(1) of the Niue Amendment Act 1971 and was repealed by section 2(1) of the Niue Amendment Act 1974.
[Repealed] Medical ofﬁcer means any person authorised, pursuant to section 21 of this Act, to engage in the practice of medicine or surgery in Niue, for fee, salary, or other remuneration or reward; and includes the Director of Health Medical Ofﬁcer: this deﬁnition was substituted by section 18(2) of the Niue Amendment Act 1971.
Minister means the Minister of Foreign Affairs Minister: Affairs Department Act 1968. this deﬁnition was substituted by section 8(1) Maori and Island order, Minister: this deﬁnition was substituted by section 2(1) Niue Amendment Act (No 2) 1974.
Niuean means a person belonging to the aboriginal race of Niue; and includes a person descended from a Niuean 20 Reprinted as at 3 September 2007 Niue Act 1966 s 2 New Zealand means New Zealand exclusive of Niue, the Cook Islands, and Tokelau New Zealand: the reference to Tokelau was substituted for a reference to the Tokelau Islands by section 3(8) Tokelau Amendment Act 1976.
Niue Assembly or Assembly means the Niue Assembly established by Article 16 of the Constitution Niue Assembly or Assembly: this deﬁnition was inserted by section 2(1) Niue Amendment Act 1974.
Niue Public Service has the same meaning as in Article 82(1) of the Constitution Niue Public Service: this deﬁnition was substituted for the deﬁnition of the term Niue Public Service by section 2(1) Niue Amendment Act 1974. these deﬁnitions were repealed by this deﬁnition was repealed by section 2(1) Niue Niue Public Service: Amendment Act 1974.
Niue Public Service Commission or Commission means the Niue Public Service Commission established by Article 82(1) of the Constitution Niue Public Service Commission: this deﬁnition was inserted by section 2(1) of the Niue Amendment Act 1974.

Niuean custom means the customs and usages of Niue Niuean freehold land and Niuean land[Repealed] Niuean freehold land and Niuean land: section 102(1) of the Niue Amendment Act (No 2) 1968.
[Repealed] Offence includes all offences punishable by way of criminal proceedings under this or any other enactment Order means, in respect of the High Court or the Land Court, any order, judgment, decision, or determination of that Court Ordinance means an Ordinance of the Island Assembly Prescribed means prescribed by regulations Premier has the same meaning as in Article 82(1) of the Constitution Premier: this deﬁnition was inserted by section 2(1) of the Niue Amendment Act 1974.
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 21 s 3 Niue Act 1966 Reprinted as at 3 September 2007 being publicly held, any hall or room in which any public entertainment is being held, and any market place Registrar, in relation to any Court, Registrar Regulations means regulations made under this Act or continuing in force under this Act Resident Commissioner[Repealed] Resident Commissioner: this deﬁnition was substituted by section 4(2) of the Niue Amendment Act 1971. includes the Deputy Resident Commissioner: this deﬁnition was repealed by section 2(1) of the Niue Amendment Act 1974.
[Repealed] 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: the deﬁnition was substituted by section 8(1) of the Maori and Island Affairs Department Act 1968.

Secretary: the deﬁnition was substituted by section 2(2) of the Niue Amendment Act (No 2) 1974.
Valuable security means any document which constitutes a title to or is evidence of title to any property of any kind whatsoever Will includes any testamentary instrument.

Compare: 1915 No 40 ss 2(1), 226(4); 1921 No 14 s 2; 1943 No 4 s 5(2), (5), (6); 1946 No 30 s 41; 1950 No 92 s 11; 1957 No 103 ss 89(2), 95(1); 1965 No 1 s 3(1) 3 Application Except so far as a contrary intention appears, this Act shall apply to Niue only and not to New Zealand.
Compare: 1915 No 40 s 3 Part 1 The Executive Government of Niue Section 4 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 5 was repealed by section 2(1) of the Niue Amendment Act 1974.

4 5 22 14D 15 Reprinted as at 3 September 2007 Niue Act 1966 Part 1 s 16 Section 6 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 7 was repealed by section 2(1) of the Niue Amendment Act 1974.
Section 8 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 9 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 10 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 11 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 12 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 13 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 14D was repealed by section 2(1) of the Niue Amendment Act 1974.
The public revenues of Niue Section 15 was repealed by section 2(1) of the Niue Amendment Act 1974.

16 (1) (2) Loans to Niue Government Account The Minister of Finance may from time to time, on such terms and conditions as he thinks ﬁt, pay by way of loan into the Niue Government Account money required for public purposes in Niue.

The money required by the Minister of Finance to enable him to make any such payment by way of loan shall be paid out of money appropriated by Parliament for the purpose.
Compare: 1964 No 70 s 16 In subsection (1) the reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.
23 Part 1 s 17 Niue Act 1966 Reprinted as at 3 September 2007 Treasurer of Niue There shall be appointed under the provisions of Part 31 of this Act a Treasurer of Niue, who shall have such functions, powers, and duties in relation to the collection, receipt, cus­ tody, banking, issue, expenditure, and management of the money in the Niue Government Account or in any other public fund or account as may from time to time be prescribed by regulations or, where there are no such regulations or so far as the regulations do not extend, by Act of the Niue Assembly.
Compare: 1964 No 70 s 17 The reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.

The reference to an Act of the Niue Assembly was substituted for a reference to an Ordinance by section 2(2)(e) of the Niue Amendment Act 1974.
Revenue and expenditure Except as provided in subsection (3) of this section, or by any speciﬁc appropriation contained in any Act of the Niue As­ sembly, all expenditure in any ﬁnancial year from the Niue Government Account or from any other public fund or account shall be charged to votes speciﬁed in an Appropriation Act of the Niue Assembly and in accordance with the statement of proposed expenditure for that ﬁnancial year as approved by the Niue Assembly.
Every Appropriation Act of the Niue Assembly shall lapse at the end of the ﬁnancial year to which it relates.
Subject to such limits and restrictions as may from time to time be prescribed by Act of the Niue Assembly, the Cabinet may approve the expenditure of such sums as it considers neces­ sary— (a) In anticipation of provision to be made in the Appropri­ ation Act of the Niue Assembly for any ﬁnancial year: Provided that the total amount issued and paid under this paragraph (a) in any ﬁnancial year shall not exceed the amount of any unexpended balance of the vote in the Appropriation Act of the Niue Assembly for the pre­ ceding ﬁnancial year together with an amount equal to one­fourth of that vote; or 17 18 (1) (2) (3) 24 Reprinted as at 3 September 2007 Niue Act 1966 Part 1 s 19 (b) Where during the period between the passing of the Ap­ propriation Act of the Niue Assembly for any ﬁnancial year and the end of that year it is desirable that money should be expended in excess of or without the appro­ priation of the Niue Assembly: Provided that the total amount of all sums issued and paid under this paragraph (b) in any ﬁnancial year shall not exceed 1½ percent of the total amount of all sums appropriated by the Appropriation Act of the Niue As­ sembly for that year.
(5) (4) A statement of the unauthorised expenditure for any ﬁnancial year shall be included in the accounts for that year laid before the Niue Assembly.

Subject to the foregoing provisions of this section, the collec­ tion, receipt, custody, banking, issue, expenditure, care, and management of money credited or to be credited to the Niue Government Account or to any other public fund or account shall be in accordance with such Acts of the Niue Assembly as may be made in that behalf.
Compare: 1964 No 70 s 18 In subsections (1), (2), (3), and (5) the references to an Act of the Niue Assembly were substituted for references to an Ordinance by section 2(2)(e) of the Niue Amendment Act 1974.

In subsections (1) and (5) the references to the Niue Government Account were substituted for references to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.
In subsections (1), (3)(b), and (4) the references to the Niue Assembly were substituted for references to the Island Assembly by section 2(2)(d) of the Niue Amendment Act 1974.

In subsection (3) the words “the Cabinet” were substituted for the words “the Resident Commissioner, or, where any Ordinance so provides, the Executive Committee” by section 2(1) of the Niue Amendment Act 1974, and the words “he or” have been in consequence omitted as otiose.
Traders’ deposit accounts 19 (1) Notwithstanding anything in this Part of this Act, the Cabinet of Ministers may accept money on deposit from any trader established in Niue.
(2) Where the Cabinet of Ministers holds any money on deposit for a trader under this section, the Cabinet of Ministers may disburse the money by paying the whole or part thereof, with 25 Part 1 s 20 Niue Act 1966 Reprinted as at 3 September 2007 the authority of the trader, in discharge of any liability of the trader to the Crown, and the Cabinet of Ministers shall not disburse any money so held in any other manner.
(3) All money which the Cabinet of Ministers accepts on deposit for any trader as aforesaid, and all disbursements of that money, shall be recorded in a special deposit account in the Niue Government Account, and shall not form part of the ordinary revenue or expenditure of the Niue Government Account.
Compare: 1964 No 70 s 19 In subsections (1), (2), and (3) the references to the Cabinet of Ministers wher­ ever they occur were substituted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.

In subsection (3) the references to the Niue Government Account, wherever they occur, were substituted for references to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.

20 Section 20 was repealed by section 2(1) of the Niue Amendment Act 1974.
Persons authorised to practise medicine or surgery 21 (1) No person shall practise medicine or surgery in Niue, for fee, salary, or other remuneration or reward of any nature whatso­ ever, unless— (a) He is registered as a medical practitioner under the Medical Practitioners Act 1968; or (c) (b) He holds a certiﬁcate issued under the hand of the Sec­ retary to the Medical Council of New Zealand that, in the opinion of that Council, he has attained a standard of practice in medicine and surgery equivalent to that required for registration as a medical practitioner under the Medical Practitioners Act 1968; or Being a graduate of the Fiji School of Medicine, he is an employee of the Niue Public Service under Part 31 of this Act: Provided that such a graduate employee (not being a graduate employee for the time being holding the pos­ ition of Director of Health or acting Director of Health pursuant to an appointment made under section 23 of this Act) may practise medicine and surgery in Niue subject to such conditions as may be prescribed by Act 26 Reprinted as at 3 September 2007 Niue Act 1966 Part 1 s 22 of the Niue Assembly, or, if no conditions are so pre­ scribed, subject to the control, direction, and supervi­ sion of the Director of Health, and not otherwise.
(2) Notwithstanding anything in the proviso to paragraph (c) of subsection (1) of this section,— (a) If no conditions are prescribed by Act of the Niue Assembly as aforesaid and the position of Director of Health is vacant and no acting Director of Health has been appointed; or If no conditions are so prescribed and the Director of Health is absent from Niue or is otherwise incapable of performing his duties, exercising his powers, and carry­ ing out his functions,— (b) any such graduate employee may practise medicine or surgery in Niue, subject to the general control of the Cabinet of Min­ isters, and not otherwise.
Sections 21 to 24 were substituted by section 17 Niue Amendment Act 1971.

In subsections (1) and (2)(a) the references to an Act of the Niue Assembly were substituted for references to an Ordinance by section 2(2)(e) of the Niue Amendment Act 1974.

In subsection (2) the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amend­ ment Act 1974.
22 (1) Offences Every person commits an offence against this Act who, not being a medical ofﬁcer,— (a) (b) Directly or by implication represents or holds himself out to be a medical ofﬁcer; or Engages, for or without any fee, salary, or other re­ muneration or reward, in the practice of medicine or surgery, or any branch of medicine or surgery, under the style or title of physician, surgeon, doctor, licentiate in medicine or surgery, bachelor of medicine, or medical practitioner, or under any name, title, addition, or de­ scription implying that he holds any degree or diploma in medicine or surgery or in any branch of medicine or surgery, or is otherwise specially qualiﬁed to prac­ tise medicine or surgery or any branch of medicine or surgery.
27 Part 1 s 23 Niue Act 1966 Reprinted as at 3 September 2007 (2) Every person who commits an offence against this section is liable— (a) On a ﬁrst conviction, to a ﬁne not exceeding $100, and, where the offence is a continuing one, to a further ﬁne not exceeding $100 for each day on which the offence has continued: (b) On a second or subsequent conviction, to imprisonment for a term not exceeding 2 months or to the penalties speciﬁed in paragraph (a) of this subsection.
Sections 21 to 24 were substituted for sections 21 to 24 by section 17 Niue Amendment Act 1971.

23 (1) Director of Health There shall be appointed under Part 31 of this Act a Director of Health of Niue.
(2) No person shall be qualiﬁed to be appointed or to hold ofﬁce (b) as Director of Health of Niue, unless— (a) He is qualiﬁed to practise medicine and surgery pur­ suant to paragraph (a) or paragraph (b) of subsection (1) of section 21 of this Act; or Being a graduate of the Fiji School of Medicine,— (i) He holds a Diploma in Public Health granted in New Zealand, or a qualiﬁcation obtained else­ where than in New Zealand which in the opinion of the Commission is equivalent to that diploma; and (ii) He has had not less than 12 months’ experience in the aggregate, whether before or after the com­ mencement of this section, in the service of a Hospital Board in New Zealand, or in a hospital service elsewhere than in New Zealand which in the opinion of the Commission is equivalent to service with a Hospital Board in New Zealand, pursuant, in either case, to arrangements made between the Government of Niue and the Gov­ ernment of New Zealand.
(3) Any person holding ofﬁce at the commencement of this section as Chief Medical Ofﬁcer of Niue shall on the commencement 28 Reprinted as at 3 September 2007 Niue Act 1966 Part 1 s 23 of this section be deemed to have been appointed as Director of Health of Niue.
(4) Whenever the position of Director of Health is vacant, or the Director of Health is absent from Niue or is in the opinion of the Cabinet of Ministers unable, by reason of physical or mental disability, to perform the functions of his ofﬁce, the Cabinet of Ministers, may, by an instrument in writing under its hand appoint any medical ofﬁcer to be the acting Director of Health: Provided that no medical ofﬁcer, other than a person qualiﬁed to be appointed as Director of Health, shall be appointed act­ ing Director of Health unless, in the opinion of the Cabinet of Ministers there is in Niue no medical ofﬁcer in the service of the Government of New Zealand or of the Government of Niue who is qualiﬁed and willing to occupy the position of Director of Health, and is capable of performing the duties, exercising the powers, and carrying out the functions of the Director of Health.
(5) Any appointment made, pursuant to subsection (4) of this sec­ tion, of an acting Director of Health may, by an instrument in writing under his hand, at any time be revoked by the Cabinet of Ministers.

(7) (6) An acting Director of Health shall, during the subsistence of his appointment, perform all the duties, exercise all the powers, and carry out all the functions of the Director of Health, whether conferred by this Act or any other enactment.
The appointment of an acting Director of Health shall not, on the grounds that the occasion for the appointment has not arisen or has ceased, be impugned or called into question in any proceedings in any Court or otherwise howsoever.

The Director of Health shall, subject to the general control of the Cabinet of Ministers, be responsible, in Niue, for the ad­ ministration of all laws relating to public health, mental health, hospitals, medical and surgical services, and the quarantine of persons.
Sections 21 to 24 were substituted by section 17 Niue Amendment Act 1971.

(8) In subsections (4), (5), and (8) the references to the Cabinet of Ministers wher­ ever they occur, were substituted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.
29 Part 1 s 23A Niue Act 1966 Reprinted as at 3 September 2007 23A Medical services (1) Without restricting the provisions of subsection (8) of section 23 of this Act, it shall be the duty of the Director of Health to provide for all persons in Niue such medical and surgical services as may be reasonably required and reasonably prac­ ticable.
(2) Medical and surgical treatment, aid, and attendance provided by any medical ofﬁcer employed in the Niue Public Service may, in the case of Niueans, be gratuitous; and shall, in the case of all other persons, be subject to payment of any rea­ sonable and proper fees which may, from time to time, either generally or in any particular instance, be ﬁxed or prescribed by the Cabinet of Ministers; and all fees for such treatment, aid, and attendance shall be paid into and shall form part of the public revenues of Niue.
(3) No liability shall be incurred by the Crown in respect of any failure or neglect to provide any services referred to in sub­ section (1) of this section or any treatment, aid, or attendance referred to in subsection (2) of this section, or in respect of any negligence, wrongful act, or wrongful omission on the part of any medical ofﬁcer employed in the Niue Public Service or otherwise, in Niue, employed or engaged by the Crown.

Sections 21 to 24 were substituted by section 17 Niue Amendment Act 1971.
In subsection (2) the reference to the Cabinet of Ministers was substituted for a reference to the Executive Committee by section 2(2)(a) of the Niue Amend­ ment Act 1974.

Hospitals and other institutions of public health The Cabinet of Ministers may establish and maintain in Niue such hospitals and other institutions as it considers necessary for the public health, and all institutions so established shall be under the control of the Director of Health.
Sections 21 to 24 were substituted by section 17 Niue Amendment Act 1971.

In section 24 the reference to the Cabinet of Ministers was substituted for a ref­ erence to the Executive Committee by section 2(2)(a) of the Niue Amendment Act 1974.
Compulsory transfer of lepers Every person who at any time is found in Niue to be suffering from leprosy may, by warrant under the hand of the Premier 24 25 (1) 30 Reprinted as at 3 September 2007 Niue Act 1966 Part 1 s 27 (2) (3) and the Seal of Niue, be transferred outside Niue to an insti­ tution for the treatment of leprosy and supervision of lepers approved by the Premier and speciﬁed in the warrant.
In pursuance of any such warrant every person named therein in that behalf may be placed on board any ship belonging to Her Majesty in right of New Zealand or any ship registered in New Zealand or, with the consent of the master, any other ship, to be taken to the place directed in the warrant.
Every person transferred outside Niue pursuant to this section shall be delivered, together with the warrant of the Premier, to the Superintendent or other person having charge of the insti­ tution speciﬁed in the warrant.

(4) No person transferred pursuant to this section shall be entitled to be returned to Niue, except on the certiﬁcate of a medical ofﬁcer, who is either an employee of the Niue Public Service or an ofﬁcer of the aforesaid institution.
(5) All expenses incurred in connection with the transfer of a per­ son who is suffering from leprosy or with the return of any person as aforesaid shall be a charge on the public revenues of Niue, and shall be debited to the Niue Government Account.

Compare: 1964 No 70 s 25 In subsections (1) and (3) the word “Premier” was substituted for the words “Resident Commissioner” by section 2(1) of the Niue Amendment Act 1974.
In subsection (5) the reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.

Prisons and police 26 Establishment of prisons The Cabinet of Ministers may, by warrant under its hand and the Seal of Niue, appoint as prisons such buildings or places in Niue as it thinks suitable for that purpose.
Compare: 1964 No 70 s 26 The reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.

Detention of persons in custody 27 (1) Any person in lawful custody in Niue may be detained in any such prison, and may from time to time be removed by order 31 Part 1 s 28 Niue Act 1966 Reprinted as at 3 September 2007 of the Cabinet of Ministers or of a Judge of the High Court to any other prison in Niue.
(2) Any person in lawful custody in Niue may, if it is inconve­ nient or impracticable immediately to take him to any prison for conﬁnement therein, be temporarily detained in any other suitable place of security.

Compare: 1964 No 70 s 27 In subsection (1) the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amend­ ment Act 1974.
(3) (2) Labour instead of imprisonment 28 (1) Any person sentenced to imprisonment or committed to prison in Niue may, by order of a Judge of the High Court made either at the time of sentence or committal or at any time thereafter, be discharged from custody on condition that he labours on public works in Niue for the term or the residue of the term for which he has been so sentenced or committed.
Every prisoner so discharged shall perform the labour so ap­ pointed for him under the control and subject to the direction of some ofﬁcer nominated for that purpose by the Premier.
If any prisoner so discharged makes default in the due per­ formance of the labour so appointed for him, or is guilty of any insubordination or other misconduct, whether in respect of that labour or otherwise, he may be arrested without war­ rant by any ofﬁcer of police or of prisons; and a Judge of the High Court may in his discretion (without the necessity of any judicial inquiry) revoke the discharge of that prisoner and com­ mit him to prison for a period equal to that for which he would have been imprisoned subsequent to the order of discharge had no such order been made, with such deduction (if any) as the Judge thinks ﬁt, having regard to the seriousness of the de­ fault, insubordination, or misconduct, and to any labour duly performed by the prisoner in accordance with the conditions of his discharge.
(4) Where pursuant to subsection (3) of this section a prisoner is committed to prison for a term expiring before the date on which, if he had not been discharged under this section, the original period of imprisonment would have expired, then, on 32 Reprinted as at 3 September 2007 Niue Act 1966 Part 2 s 38 the expiration of the term for which he is committed pursuant to that subsection, the order of discharge made under subsec­ tion (1) of this section and the provisions of subsections (2) and (3) of this section shall again apply to him for the residue of the term for which he was originally sentenced or committed.
Compare: 1964 No 70 s 28 In subsection (2) the word “Premier” was substituted for the words “Resident Commissioner” by section 2(1) of the Niue Amendment Act 1974.

29 Appointment of ofﬁcers of police and prisons There may be appointed under the provisions of Part 31 of this Act such ofﬁcers of police and ofﬁcers of prisons as the Commission considers necessary.

Compare: 1964 No 70 s 29 30 31 32 33 34 35 36 37 38 Education Section 30 was repealed by section 2(1) of the Niue Amendment Act 1974.
Part 2 The Legislative Government of Niue Section 31 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 32 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 33 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 34 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 35 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 36 was repealed by section 2(1) of the Niue Amendment Act 1974.
Section 37 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 38 was repealed by section 2(1) of the Niue Amendment Act 1974.

33 Part 2 s 39 Niue Act 1966 Reprinted as at 3 September 2007 39 40 41 42 43 44 45 46 47 48 (1) (2) 34 Section 39 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 40 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 41 was repealed by section 2(1) of the Niue Amendment Act 1974.
Section 42 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 43 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 44 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 45 was repealed by section 10(2) of the Niue Amendment Act 1971.

Section 46 was repealed by section 10(2) of the Niue Amendment Act 1971.

Section 47 was repealed by section 2(1) of the Niue Amendment Act 1974.
Publication of enactments in Niue Island Gazette Subject to the provisions of any Act in that behalf, all en­ actments (other than Acts of the Niue Assembly), warrants, appointments, and other instruments relative to the Govern­ ment of Niue made or passed after the commencement of this Act shall, unless the Cabinet of Ministers otherwise directs, be published in the English language in Niue in an ofﬁcial Gazette, to be known as the Niue Island Gazette, and issued at such times and intervals as the Cabinet of Ministers directs.
Subject to the provisions of any Act in that behalf, all regu­ lations in force in Niue made after the commencement of this Act shall, unless the Cabinet of Ministers otherwise directs, also be published in the Niuean language in the Niue Island Gazette or some other ofﬁcial publication.
Compare: 1964 No 70 s 47A; 1965 No 56 s 5(1) In subsection (1) the words in the ﬁrst set of square brackets were substituted for the words “Subject to the provisions of any Ordinance in that behalf, all Ordinances, regulations, Orders in Council, Proclamations, warrants, appoint­ ments and other instruments and Acts” by section 2(1) of the Niue Amendment Reprinted as at 3 September 2007 Niue Act 1966 Part 2 s 52 Act 1974, and the references to the Cabinet of Ministers were substituted for references to the Resident Commissioner by section 2(2)(c) of that Act.
In subsection (2) the words in the ﬁrst set of square brackets were substituted for the words “Subject to the provisions of any Ordinance in that behalf, all Or­ dinances and all regulations” by section 2(1) of the Niue Amendment Act 1974, and the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of that Act.

49 Regulations Section 49 was repealed by section 2(1) of the Niue Amendment Act 1974.
50 51 Village councils Village Councils Subject to the provisions of this Part of this Act, the Niue As­ sembly may provide by Act of the Niue Assembly for and in relation to the establishment in any village in Niue of a Vil­ lage Council with such constitution, membership, functions, and powers as may from time to time be prescribed by Act of the Niue Assembly.
Compare: 1964 No 70 s 48A(1); 1965 No 56 s 5(1) The reference to the Niue Assembly was substituted for a reference to the Island Assembly by section 2(2)(d) of the Niue Amendment Act 1974, and the refer­ ences to an Act of the Niue Assembly, wherever they occur, were substituted for references to an Ordinance by section 2(2)(e) of that Act.
Village Council bylaws Without limiting the generality of the powers conferred on the Niue Assembly by section 50 of this Act, the powers of a Vil­ lage Council as aforesaid may include power to make bylaws for all or any such matters as may be speciﬁed by Act of the Niue Assembly.
Compare: 1964 No 70 s 48A(2); 1965 No 56 s 5(2) The reference to the Niue Assembly was substituted for a reference to the Is­ land Assembly by section 2(2)(d) of the Niue Amendment Act 1974, and the reference to an Act of the Niue Assembly was substituted for a reference to an Ordinance by section 2(2)(e) of that Act.
Validity and disallowance of bylaws 52 (1) Any bylaw which is in any respect repugnant to the provisions of any Act of the Niue Assembly or to any Act of the Parlia­ ment of New Zealand or regulations or law in force in Niue 35 Part 3 s 53 Niue Act 1966 Reprinted as at 3 September 2007 (whether made before or after the bylaw) shall be read subject to the Act of the Niue Assembly or Act of the Parliament of New Zealand or regulations or law, and shall to the extent of that repugnancy and not otherwise, be and remain absolutely void and inoperative: Provided that, except to the extent to which it is inconsistent with the provisions of any Act of the Niue Assembly or of any Act of the Parliament of New Zealand or regulations in force in Niue, no bylaw and no provision of any bylaw shall be deemed to be repugnant for the purposes of this subsection solely on the ground that it deals with a matter already dealt with by any Act of the Niue Assembly or by any such Act of the Parliament of New Zealand or regulations or is repugnant to the law of England as established in Niue by section 672 of this Act.
(2) No bylaw made by a Village Council under this section shall become law until it has been assented to by the Cabinet.

Compare: 1964 No 70 s 48A(3), (4); 1965 No 56 s 5(1) In subsection (1) the references to an Act of the Niue Assembly, wherever they occur, were substituted for references to an Ordinance by section 2(2)(e) of the Niue Amendment Act 1974, and the words “of the Parliament of New Zealand”, wherever they occur, were inserted by section 2(1) of that Act.
Subsection (2) was substituted by section 2(1) Niue Amendment Act 1974.

Part 3 The High Court of Niue Constitution of the High Court Section 53 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 54 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 55 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 56 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 57 was repealed by section 2(1) of the Niue Amendment Act 1974.
Section 58 was repealed by section 2(1) of the Niue Amendment Act 1974.

53 54 55 56 57 58 36 59 60 61 Reprinted as at 3 September 2007 Niue Act 1966 Part 3 s 64 62 (1) (2) (3) 63 64 Section 59 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 60 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 61 was repealed by section 2(1) of the Niue Amendment Act 1974.
Registrar and Deputy Registrar of the High Court There shall be a Registrar of the High Court, who shall be appointed under the provisions of Part 31 of this Act.

The Registrar shall keep the records of the High Court, and shall perform all such administrative duties in respect of that Court as the Chief Justice may from time to time direct.
There may also be appointed under the provisions of Part 31 of this Act a Deputy Registrar of the High Court, who shall, sub­ ject to the control of the Registrar, possess, exercise, and per­ form the same powers, functions, and duties, as the Registrar; and every reference in this Act to a Registrar of the High Court shall, so far as applicable, extend and apply to the Deputy Registrar accordingly.
Compare: 1915 No 40 ss 109, 110; 1957 No 103 s 95(1) In subsection (2) the reference to the Chief Justice was substituted for a refer­ ence to the Chief Judge by section 2(2)(g) of the Niue Amendment Act 1974.

Administrative ofﬁcers There shall be appointed under the provisions of Part 31 of this Act in respect of the High Court such sheriffs, bailiffs, clerks, interpreters, or other administrative ofﬁcers as may be necessary.
Compare: 1915 No 40 s 110; 1957 No 103 s 95(1) Seal of the High Court The High Court shall have in the custody of each Judge and Commissioner and the Registrar a seal of the Court, in such form or forms as the Cabinet of Ministers approves, for the sealing of all orders, warrants, records, and other instruments requiring to be sealed.
Compare: 1915 No 40 s 111 37 Part 3 s 65 Niue Act 1966 Reprinted as at 3 September 2007 65 67 (1) 66 The reference to the Cabinet of Ministers was substituted for the words “Ex­ ecutive Committee” (as substituted by section 11(1) of the Niue Amendment Act 1971) by section 2(2)(a) of the Niue Amendment Act 1974.
Records of the High Court The Registrar of the High Court shall keep proper books in which shall be entered minutes of all proceedings in the High Court, whether in its civil or criminal jurisdiction.

Compare: 1915 No 40 s 112 Jurisdiction of the High Court Section 66 was repealed by section 2(1) of the Niue Amendment Act 1974.
Injunction, certiorari, mandamus, and prohibition The High Court may exercise by way of order in the ordinary course of its civil procedure the same jurisdiction as that pos­ sessed and exercised for the time being by the High Court of New Zealand by way or in lieu of injunction, certiorari, man­ damus, and prohibition, including the power of awarding dam­ ages in lieu of injunction.
(2) No such jurisdiction by way of mandamus, certiorari, or pro­ hibition shall be exercised by the High Court as against the Land Court or the Land Appellate Court.

Compare: 1915 No 40 s 115; 1946 No 30 s 43 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Habeas corpus The High Court may, on the application of any person, make an order for the release of any person from unlawful impris­ onment or detention, or for the production before the Court of any person alleged to be unlawfully imprisoned or detained, and every person who disobeys any such order shall be guilty of contempt of the High Court.
Compare: 1915 No 40 s 116 Custody of minors The High Court may, on the application of any person, from time to time make such order as it thinks ﬁt with respect to 68 69 (1) 38 Reprinted as at 3 September 2007 Niue Act 1966 Part 3 s 72 the custody of any minor (being unmarried) by any parent or guardian of that minor.
(2) Where the Court is satisﬁed that the minor has no parent or guardian ﬁt to have such custody, the Court may make such order as it thinks ﬁt for the custody of the minor by any other person.

The jurisdiction conferred by this section shall in all cases be exercised in such manner as the Court deems most conducive to the welfare of the minor.
Compare: 1915 No 40 s 117 (3) 70 71 72 Procedure of the High Court Rules of Court The practice and procedure of the High Court, whether in its civil or criminal jurisdiction, shall be as prescribed by enact­ ment.

Compare: 1915 No 40 s 118 Section 70 was substituted by section 2(1) Niue Amendment Act 1974.
Procedure so far as not governed by rules of Court Subject to the provisions of this Act and of rules of Court, the practice and procedure of the High Court in the exercise of its civil and criminal jurisdiction shall be such as the Court thinks in each case to be most consistent with natural justice and convenience.
Compare: 1915 No 40 s 119 Forms Subject to the provisions of this Act and to rules of Court, all statements of claim, informations, summonses, warrants, con­ victions, orders, recognisances, and other documents required or authorised in the course of the civil or criminal jurisdic­ tion of the High Court may be in such form as the Court or the Judge, Registrar, or other ofﬁcer by whom they are issued, made, or received thinks sufﬁcient.
Compare: 1915 No 40 s 120 39 Part 3 s 73 Niue Act 1966 Reprinted as at 3 September 2007 73 74 Summons to witnesses A Judge or Registrar of the High Court may in any proceedings before the Court, whether civil or criminal, issue a summons to any person requiring him to appear before the Court at the time and place mentioned in the summons, there to give evidence in those proceedings or to produce any document to the Court in those proceedings.
Compare: 1915 No 40 s 121 Default of witness Every person shall be guilty of contempt of the High Court who— (a) Having been served with any such summons, neglects or fails without sufﬁcient cause shown by him to appear or to produce any document which he is so required to produce; or (b) Whether summoned to attend or not, is present in Court and, being required to give evidence or to produce any document then in his possession, refuses, without suf­ ﬁcient cause shown by him, to be sworn or to give evi­ dence or to produce that document; or Having been sworn to give evidence in any proceedings, neglects or fails without sufﬁcient cause shown by him to appear at such time as the Court directs for the pur­ pose of giving further evidence in the proceedings.
(c) Compare: 1915 No 40 s 122(1) 75 (1) Commissioners to take evidence The High Court may, in any civil or criminal proceedings where it appears necessary for the purposes of justice, make an order for the examination on oath before any ofﬁcer of the Court or any other person or persons, and at any place either in or out of Niue, of any witness or person and may order any deposition so taken to be ﬁled in the Court, and may empower any party to the proceedings to give the deposition in evidence therein.
(2) Any person before whom any witness or person is to be exam­ ined in New Zealand pursuant to an order made under sub­ section (1) of this section shall, for the purpose of examining 40 Reprinted as at 3 September 2007 Niue Act 1966 Part 3 s 78 that witness or person, have in New Zealand all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908, and all the provisions of that Act shall apply as if the examination were an inquiry under that Act.
Compare: 1915 No 40 s 123; 1963 No 123 s 3 76 Evidence by afﬁdavit sworn out of Niue In any civil or criminal proceedings in the High Court an afﬁ­ davit made out of Niue may, with the leave of the High Court, be received in evidence if made before a solicitor of the High Court of New Zealand, or in any other manner which would make the afﬁdavit admissible in civil proceedings in the High Court of New Zealand under the law for the time being in force in New Zealand.
Compare: 1915 No 40 s 124 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
77 Witnesses may be ordered out of Court The High Court may, if it thinks ﬁt, at any time during any pro­ ceedings, whether civil or criminal, order all witnesses other than the witness under examination to go and remain outside the Court until required to give evidence; and any witness who disobeys any such order shall be guilty of contempt of the High Court.
Compare: 1915 No 40 s 125 Afﬁdavits in Niue 78 (1) Afﬁdavits in the High Court may be sworn in Niue before— A Commissioner of the High Court: (a) (b) A Solicitor of the High Court of New Zealand: (c) (d) A Postmaster: (e) The Registrar of the High Court: The Comptroller of Customs: (f) (g) A Medical Ofﬁcer.
41 Part 3 s 79 Niue Act 1966 Reprinted as at 3 September 2007 (2) 79 80 81 82 (1) The making of such afﬁdavits shall be governed by the same rules as are in force for the time being with respect to afﬁdavits in the High Court of New Zealand.

Compare: 1915 No 40 s 126; 1965 No 1 s 3(1) Subsection (1)(f) was repealed by section 2(1) Niue Amendment Act 1974.
Evidence by afﬁdavit In any civil proceedings in the High Court evidence may be taken either orally or by afﬁdavit, but in actions and other pro­ ceedings inter partes afﬁdavits shall not be admissible without the leave of the Court.
Compare: 1915 No 40 s 127 Right of audience in the High Court In any proceedings in the High Court, whether civil or crim­ inal, any party thereto may be represented either by a barrister or solicitor of the High Court of New Zealand, or, with the leave of the Court, by any other agent, but any such leave may be at any time withdrawn.

Compare: 1915 No 40 s 128 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Costs In any civil proceedings in the High Court, the Court shall have power to make such order as it thinks just for the payment of the costs of the proceedings by or to any party thereto.

Compare: 1915 No 40 s 129 Security for costs In any civil proceedings and at any stage thereof, the High Court may require a plaintiff or applicant resident out of the jurisdiction of the High Court to deposit any sum of money as security for costs, and may stay the proceedings pending the making of that deposit.
(2) When any sum has been so deposited as security for costs, it shall be disposed of in such manner as the Court directs.

Compare: 1915 No 40 s 130 42 Reprinted as at 3 September 2007 Niue Act 1966 Part 3 s 87 83 Court fees The scale of costs and Court fees to be paid in all civil or criminal proceedings in the High Court shall be as prescribed by enactment.

Compare: 1915 No 40 s 131 Section 83 was substituted by section 2(1) Niue Amendment Act 1974.
84 Minutes of judgments (1) Every judgment of the High Court shall be deemed to be com­ plete when a minute thereof has been made in the record books of the Court and signed by a Judge of the Court.

(2) When necessary, the judgment may at any time thereafter be drawn up under the seal of the Court.
Compare: 1915 No 40 s 132 85 Amendments A Judge of the High Court may at any time amend any minute or judgment of the Court or other record of the Court, in order to give effect to the true intent of the Court in respect thereof or truly to record the course of any proceedings.
Compare: 1915 No 40 s 133 86 Rehearing of civil proceedings On application made at any time within 14 days after the date of any judgment given by the High Court in its civil jurisdic­ tion, the Court may, if it thinks ﬁt, rehear the matter, and may on the rehearing either afﬁrm, reverse, or vary the judgment: Provided that the Court may rehear the matter on an application made more than 14 days after the date of the judgment, if the Court is sat­ isﬁed that the application could not reasonably be made sooner.
Compare: 1915 No 40 s 134 Rehearing of criminal proceedings 87 (1) Where on the hearing of any information the accused has been convicted, the High Court may, if it thinks ﬁt, grant a rehearing of the information, either as to the whole matter or only as to the sentence, upon such terms as the Court thinks ﬁt.
43 Part 3 s 88 Niue Act 1966 Reprinted as at 3 September 2007 (3) (2) When a rehearing has been granted, the conviction or, as the case may be, the sentence only shall immediately cease to have effect.
If a rehearing is granted in any case where the accused was on conviction sentenced to a term of imprisonment that has not expired, but the hearing is not proceeded with immediately, the Court may, subject to the provisions of section 257 of this Act, remand the accused in custody until the date appointed for the rehearing.

(5) (4) On any rehearing the Court shall have the same powers and shall follow the same procedure as if it were the ﬁrst hearing.
If the defendant does not appear on the date set down for the rehearing of any information, the Court may, if it thinks ﬁt, without rehearing the case direct that the original conviction or sentence, as the case may be, shall be restored.
Compare: 1915 No 40 s 134A; 1962 No 40 s 2 Execution of judgments 88 Writs of sale and possession (1) Where by any judgment of the High Court in its civil jurisdic­ tion any person is ordered to pay any sum of money, the party to whom the money is payable may cause a writ of sale to be issued.
(2) Where by any judgment of the High Court any person is ordered to deliver possession of land or chattels, the party to whom the land or chattels are ordered to be delivered may cause a writ of possession to be issued.
Compare: 1915 No 40 s 135 Effect of writ of possession A writ of possession shall authorise the ofﬁcer to whom it is addressed to deliver to any party named in the writ possession of any land or of any chattels speciﬁed in the writ, and for that purpose to eject any other person from the land, or to seize and take possession of any such chattels.
Compare: 1915 No 40 s 136 89 44 Reprinted as at 3 September 2007 Niue Act 1966 Part 3 s 94 Effect of writ of sale 90 (1) A writ of sale shall authorise the ofﬁcer to whom it is directed to seize all the chattels (including money, cheques, bills of exchange, and other securities for money) of the person against whom it is issued, except wearing apparel, bedding, tools, and implements of trade, not exceeding in the aggregate $100 in value.
(2) All chattels so seized may, unless the judgment is sooner satis­ ﬁed, together with the costs of the execution, be sold or other­ wise converted into money by the Registrar, and the proceeds of the sale or conversion, after payment thereout of the costs of the execution, shall be applied in satisfaction of the judgment.
Compare: 1915 No 40 s 137 91 92 Issue of writs of sale or possession Every writ of sale or writ of possession shall be issued by the Registrar under the seal of the High Court, and shall be ad­ dressed to an ofﬁcer of the Court or to a constable.
Compare: 1915 No 40 s 138 Charging orders Any judgment of the High Court in its civil jurisdiction for the payment of any sum of money may be enforced by a charging order made by the Court against any real or personal property of the person by whom the money is payable (including debts and other money due or accruing due to that person, but not including the interest of a Niuean in any Niuean land).

Any such charging order shall be made and shall have effect in manner provided by rules of Court.
Compare: 1915 No 40 s 139; 1950 No 92 s 11(3) 93 Stay of execution The High Court may in any civil proceedings stay the execu­ tion of any judgment for such term as the Court thinks ﬁt.
Compare: 1915 No 40 s 140 Judgment summons 94 (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 45 Part 3 s 95 Niue Act 1966 Reprinted as at 3 September 2007 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 the Registrar of the Court may thereupon issue a summons (hereinafter called a judgment summons) to the judgment debtor to show cause why an order should not be made against him for the payment of the amount of the judg­ ment.

(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 the 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.
Compare: 1915 No 40 s 141 95 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 may cause a memorial thereof, authen­ ticated by the seal of the High Court, to be ﬁled in any ofﬁce of the High Court of New Zealand.
46 Reprinted as at 3 September 2007 Niue Act 1966 Part 3 s 96 (2) (3) (4) (5) (6) (7) 96 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 proceedings in which the judgment was given, the form or nature of the proceedings, 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 the 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 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 sat­ isﬁed, by afﬁdavit or otherwise,— (a) That the person against whom execution is to be issued was resident or present in Niue at the commencement of the proceedings in which the judgment was given; or That the cause of action in the proceedings or some ma­ terial part of that cause of action arose in Niue.

Every such afﬁdavit shall, if made in Niue, be sworn before a Judge of the High Court or a Commissioner of the High Court.
Compare: 1915 No 40 s 142 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
(b) Absconding debtors 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 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 Niue unless he is apprehended, and that his absence from Niue will materi­ 47 Part 3 s 97 Niue Act 1966 Reprinted as at 3 September 2007 97 98 99 ally prejudice the plaintiff in the prosecution of his action, the Court may order the defendant to be arrested and imprisoned for a period not exceeding 3 months unless and until he sooner gives security to the satisfaction of the Court that he will not leave Niue without the leave of the Court.
Compare: 1915 No 40 s 143 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.
Compare: 1915 No 40 s 144 Enforcement of security If after such security has been given the defendant leaves Niue without the leave of the Court, all money so paid into Court or recovered in pursuance of the bond shall become available as the Court directs for the satisfaction of any sum recovered in the action.
Compare: 1915 No 40 s 145 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.
Compare: 1915 No 40 s 146 100 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 in pursuance of the bond shall become available as the Court directs for the satisfaction of the sum recovered in the action.
Compare: 1915 No 40 s 147 48 Reprinted as at 3 September 2007 Niue Act 1966 Part 3 s 103 Contempt of the High Court 101 Contempt of Court deﬁned (c) Every person is guilty of contempt of the High Court who— Disobeys any judgment or order of that Court, or of any (a) Judge thereof, otherwise than by making default in the payment of a sum of money (other than a penalty) or compensation payable under the judgment or order; or (b) Uses any abusive, insulting, offensive, or threatening words or behaviour in the presence or hearing of the Court; or Assaults, resists, or obstructs, or incites any other per­ son to assault, resist, or obstruct, any constable or ofﬁ­ cer of the Court in serving any process of the Court, or executing any warrant of the Court or of a Judge thereof, or executing any judgment or order of the Court or of a Judge thereof; or By any words or behaviour obstructs in any manner the proper and orderly administration of justice in the Court; or Does any other thing which elsewhere in this Act or in any other Act is declared to be a contempt of the High Court; or Aids, abets, counsels, procures, or incites any other per­ son to commit contempt of the High Court.
(d) (e) (f) Compare: 1915 No 40 s 148 102 Penalty for contempt Every person who commits contempt of the High Court is li­ able to imprisonment for a term not exceeding 6 months or a ﬁne not exceeding $100.
Compare: 1915 No 40 s 149 103 Jurisdiction in contempt The offence of contempt of the High Court shall be punishable by the High Court either— (a) In the ordinary course of the criminal jurisdiction of that Court; or 49 Part 3 s 104 Niue Act 1966 Reprinted as at 3 September 2007 (b) In accordance with the provisions of section 104 of this Act.
Compare: 1915 No 40 s 150 104 Contempt in the face of the Court (1) If the contempt is committed in the presence or hearing of the Court, any Judge then and there sitting in Court may, without order or warrant, direct any constable, ofﬁcer of the Court, or other person to arrest the person so guilty of contempt and to bring him before the Court.
The Court may thereupon, after giving the person so arrested a reasonable opportunity of being heard in his defence, either commit him to prison for a term not exceeding 6 months or order him to pay a ﬁne not exceeding $100.
Compare: 1915 No 40 s 151 (2) 105 Discharge of persons in contempt A person imprisoned for contempt, or for default in payment of a ﬁne imposed upon him for contempt, may be at any time discharged; and any ﬁne so imposed may be at any time re­ mitted in whole or in part, either by order of the Court or by warrant under the hand of the Cabinet of Ministers.
The reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.
Part 4 The Supreme Court of New Zealand Jurisdiction of the Supreme Court in Niue 106 Civil jurisdiction of Supreme Court extends to Niue (1) Notwithstanding anything in this Act, the civil jurisdiction of the Supreme Court of New Zealand shall extend to Niue, and may be exercised in New Zealand in respect of Niue in the same manner in all respects as if Niue were for all purposes part of New Zealand.
(2) Any action or other civil proceedings in the Supreme Court which relate in any manner to Niue and which might have been instituted in the High Court of Niue may, on the application of any party thereto, be stayed by the Supreme Court in its discre­ 50 Reprinted as at 3 September 2007 Niue Act 1966 Part 4 s 108 tion, 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 proceedings could more conveniently be in­ stituted in the High Court.
(3) No writ of summons or other originating civil process in the Supreme Court shall be served in Niue without the leave of a Judge of that Court, and the order by which leave is granted may determine the time within and the place at which a defen­ dant 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 the writ or process as may be appropriate to the case.
Compare: 1915 No 40 s 153 107 Jurisdiction under the Declaratory Judgments Act 1908 The jurisdiction conferred upon the High Court by the Declaratory Judgments Act 1908 shall extend to declaratory judgments or orders relating to the laws of Niue in the same manner in all respects as to declaratory judgments or orders relating to the laws of New Zealand.

Compare: 1915 No 40 s 154 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
108 Criminal jurisdiction of High Court in respect of Niue (1) Notwithstanding anything in this Act, the criminal jurisdiction of the High Court of New Zealand shall extend to acts done or omitted in Niue which, if done or omitted in New Zealand, would be indictable offences, 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.
Except in the case of an offence in respect of which, pur­ suant to the Crimes Act 1961, the High Court has jurisdic­ tion notwithstanding that the offence was committed outside New Zealand, the jurisdiction conferred by subsection (1) of this section shall be exercised only over persons found in New Zealand.
(2) 51 Part 4 s 109 Niue Act 1966 Reprinted as at 3 September 2007 (3) (4) 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.
The punishment to be imposed by the High Court for any such offence (not being an offence in respect of which, pursuant to the Crimes Act 1961, the High Court has jurisdiction as aforesaid) shall be that which is provided for that offence by the laws of Niue.
(5) No prosecution in New Zealand for an offence committed in Niue (not being an offence in respect of which, pursuant to the Crimes Act 1961, the High Court has jurisdiction as aforesaid) shall be commenced without the leave of the Attorney­Gen­ eral.

Compare: 1915 No 40 s 155 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).
Cases stated by the High Court or Land Court or Land Appellate Court 109 High Court or Land Court or Land Appellate Court may state a case for the Court of Appeal The High Court or the Land Appellate Court, or, with the sanc­ tion of the Chief Justice, the Land Court, may in any proceed­ ings pending before it, whether civil or criminal, either on the application of any party or of its own motion, state a case on any question of law for determination by the Court of Appeal of New Zealand.
The determination by the Court of Appeal of any case so stated shall be binding on the High Court, the Land Appellate Court, or the Land Court, as the case may be.

Every case so stated shall be under the seal of the High Court, the Land Appellate Court, or the Land Court, as the case may (1) (2) (3) (4) 52 Reprinted as at 3 September 2007 Niue Act 1966 Part 4 s 110 (5) (6) (7) (8) be, and shall be ﬁled by the Registrar in the ofﬁce of the Court of Appeal.
The Registrar of the Court of Appeal shall thereupon set down the case for hearing at some convenient sitting of the Court of Appeal.

The determination of the Court of Appeal shall be embodied in an order, and a duplicate of that order under the seal of the Court shall be transmitted by the Registrar of that Court to the Registrar of the High Court or of the Land Appellate Court or of the Land Court, as the case may be.
In and by that order the Court of Appeal may ﬁx and award the costs of the argument and determination of the special case, and the High Court, the Land Appellate Court, or the Land Court, as the case may be, shall by judgment or order give effect to the order so made by the Court of Appeal.

The Court of Appeal may send back for amendment any case so stated by the High Court, the Land Appellate Court, or the Land Court.
Compare: 1915 No 40 s 156; 1946 No 30 s 44 In subsection (1) the reference to the Chief Justice was substituted for a refer­ ence to the Chief Judge by section 2(2)(g) of the Niue Amendment Act 1974.

In subsections (1), (2), (5), (6), (7), and (8) the words “Court of Appeal”, wherever they occur, were substituted for the words “Supreme Court”, and in subsection (4) the words “Court of Appeal” were substituted for the words “Supreme Court at Auckland”, by section 2(1) of the Niue Amendment Act 1974.
Subsection (3) was repealed by section 2(1) Niue Amendment Act 1974.

Cases stated by High Court for Land Appellate Court The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
110 High Court may state case for Land Appellate Court (1) If any question of fact or of Niuean custom or usage relating to the interests of Niueans in any land or in any personal property arises in the High Court of New Zealand, it shall be competent for that Court to cause a case to be stated and to refer it to the Land Appellate Court.
53 Part 4 s 111 Niue Act 1966 Reprinted as at 3 September 2007 (2) (3) (4) The Land Appellate Court shall forthwith proceed to deter­ mine the case so referred to it, and shall transmit a certiﬁcate of its opinion thereon to the High Court.

The High Court may refer back any question so determined to the Land Appellate Court for further consideration.
The opinion of the Land Appellate Court on any case so stated by the High Court may, if the High Court thinks ﬁt, be accepted as an authoritative determination of the question so referred.

Compare: 1946 No 30 s 39; 1950 No 92 s 11(3) The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

111 112 Appeals from the High Court Section 111 was repealed by section 2(1) of the Niue Amendment Act 1974.
Section 112 was repealed by section 2(1) of the Niue Amendment Act 1974.
113 Transmission of record Where an appeal is made to the Court of Appeal of New Zealand, pursuant to Article 51 of the Constitution, against a ﬁnal judgment of the High Court, a copy of the record of the proceedings in which the judgment appealed against was given (including the reasons for the judgment, and, where necessary, a statement of the facts or of the evidence) shall be prepared by the appellant and transmitted by the Registrar of the High Court under the seal of that Court to the Registrar of the Court of Appeal.
Compare: 1915 No 40 s 159 The words in the ﬁrst set of square brackets were substituted for the words “On the sealing of the order granting leave to appeal”, and the words “Court of Appeal” were substituted for the words “Supreme Court of New Zealand at Auckland”, by section 2(1) of the Niue Amendment Act 1974.
114 Dismissal of appeal for non­prosecution If the appellant does not prosecute his appeal with due dili­ gence, the respondent may apply either to the High Court or to the Court of Appeal for an order dismissing the appeal for non­prosecution; and, if such an order is made by either Court, the costs of the appeal and the security entered into by the ap­ 54 Reprinted as at 3 September 2007 Niue Act 1966 Part 4 s 117 pellant shall be dealt with in such manner as that Court may direct.
Compare: 1915 No 40 s 160 The words “Court of Appeal” were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.
115 Procedure on appeal The procedure on the hearing of any such appeal and in all mat­ ters incidental to any such appeal, whether in the High Court or in the Court of Appeal shall, subject to this Act, be deter­ mined by the rules of the High Court or the Court of Appeal, as the case may be, and in default of such regulations, or so far as they do not extend, shall be determined in such manner as the Court thinks ﬁt.
Compare: 1915 No 40 s 161; 1965 No 1 s 3(1) The words in square brackets were substituted for the words “the Supreme Court shall, subject to this Act, be determined by regulations made under this Act” by section 2(1) of the Niue Amendment Act 1974.

116 Section 116 was repealed by section 2(1) of the Niue Amendment Act 1974.
117 Powers of Court of Appeal on appeal (1) On any appeal from the High Court, the Court of Appeal may afﬁrm, reverse, or vary the judgment appealed from, or may order a new trial, or may make any such order with respect to the appeal as the Court of Appeal thinks ﬁt, and may award such costs as it thinks ﬁt to or against any party to the appeal.
(2) Without limiting the general powers conferred by subsection (1) of this section, the Court of Appeal on any appeal against sentence, if it thinks that a different sentence should have been passed, shall quash the sentence passed and pass such other sentence warranted by law (whether more or less severe) in substitution therefore as the Court thinks ought to have been passed, and in any other case shall dismiss the appeal.
Compare: 1915 No 40 s 163; 1956 No 27 s 5; 1965 No 1 s 3(1) In subsections (1) and (2) the words “Court of Appeal”, wherever they occur were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.
55 Part 4 s 118 Niue Act 1966 Reprinted as at 3 September 2007 118 Evidence on appeal Every such appeal shall, so far as it relates to any question of fact, be determined by the Court of Appeal by reference to the evidence heard at the trial as certiﬁed to the Court of Appeal under the seal of the High Court, and no further evidence shall, without the leave of the Court of Appeal, be heard or admitted.
Compare: 1915 No 40 s 164 The words “Court of Appeal”, wherever they occur, were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.

119 Stay of execution An appeal to the Court of Appeal of New Zealand shall not operate as a stay of execution, unless the High Court or the Court of Appeal otherwise orders.
Compare: 1915 No 40 s 165; 1956 No 27 s 6; 1963 No 132 s 8(2)(a) The words “Court of Appeal”, wherever they occur, were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.

120 Release of appellant from custody (1) When an appeal is made to the Court of Appeal of New Zealand from any conviction in the High Court, the High Court may, if it thinks ﬁt, release the appellant from custody on bail pending the determination of the appeal.
(2) Any person so released on bail may be at any time, and for any reason which the High Court thinks sufﬁcient, arrested by war­ rant and committed to prison, there to undergo his sentence.

(3) Any period during which an appellant has been so at large on bail shall not be computed as part of the term of imprisonment to which he has been sentenced.
Compare: 1915 No 40 s 166 In subsection (1) the words in square brackets were substituted for the words “When leave to appeal to the Supreme Court of New Zealand from any convic­ tion is granted by the High Court” by section 2(1) of the Niue Amendment Act 1974.
121 Appeal not to be allowed for irregularities in procedure No judgment of the High Court shall, on appeal to the Court of Appeal of New Zealand, be set aside on the ground of any error or irregularity in the proceedings of the High Court, or on the ground of any defect of form or substance in the judgment, 56 Reprinted as at 3 September 2007 Niue Act 1966 Part 4 s 125 unless the Court of Appeal is of opinion that the proceedings of the High Court were not in conformity with natural justice or that a substantial miscarriage of justice has taken place.
Compare: 1915 No 40 s 167 The words “Court of Appeal”, wherever they occur, were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.

122 Right of audience on appeal On every case stated for the Court of Appeal of New Zealand, and in every appeal to that Court, the parties may either appear in person or be represented by a barrister of the High Court, or may submit their arguments to the Court of Appeal in writing.
Compare: 1915 No 40 s 168 The words “Court of Appeal”, wherever they appear, were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
123 Transmission of order of Court of Appeal on appeal The determination of the Court of Appeal on any appeal from the High Court shall be transmitted to the Registrar of the High Court by the Registrar of the Court of Appeal under the seal of that Court, and judgment shall thereupon be entered in the High Court in conformity with that determination, or such other proceedings by way of a new trial or otherwise shall be taken in the High Court as are required by the determination.
Compare: 1915 No 40 s 169 The words “Court of Appeal”, wherever they occur, were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.

124 Section 124 was repealed by section 2(1) of the Niue Amendment Act 1974.

125 No certiorari, mandamus, or prohibition The High Court shall not exercise control over any Court in Niue (whether in respect of want of jurisdiction or otherwise) by way of certiorari, mandamus, or prohibition, or in any other manner.
Compare: 1915 No 40 s 171 The words “save by way of appeal in accordance with the provisions of this Act in that behalf” were omitted by section 2(1) of the Niue Amendment Act 1974.

57 Part 4 s 126 Niue Act 1966 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).
Enforcement in Niue of judgments of New Zealand Courts 126 Judgments of High Court or District Court in New Zealand may be enforced by the High Court (3) (4) (2) (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 the High Court.
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 proceedings in which the judgment was given, the form or nature of the proceedings, 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 the 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 to such terms and conditions as the High Court may think ﬁt to im­ pose.
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.

Compare: 1915 No 40 s 173 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).
(5) 58 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 129 127 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 Niue other than the payment of money, the High Court may then or at any time thereafter direct a memorial of the judgment under the seal of the Court to be ﬁled in the High Court.
(2) On the ﬁling of such a memorial, any disobedience to the judg­ ment, whether before or after the ﬁling of the memorial, shall be deemed to be a contempt of the High Court.

Compare: 1915 No 40 s 174 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Commissioners of the High Court The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
128 Commissioners of the High Court may be appointed in Niue 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 Niue were a place beyond the jurisdic­ tion of the High Court within the meaning of section 47 afore­ said, and Commissioners in Niue may be appointed by a Judge of the High Court accordingly.
Compare: 1915 No 40 s 175 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 129 Seditious offences deﬁned (1) A seditious intention is an intention to excite disaffection against Her Majesty, or against the Parliament or Government 59 Part 5 s 130 Niue Act 1966 Reprinted as at 3 September 2007 of New Zealand, or against the Government of Niue, or to excite such hostility or ill will between different classes of the inhabitants of Niue as may be injurious to the public welfare, or to incite, encourage, or procure lawlessness, violence, or disorder in Niue, or to procure otherwise than by lawful means the alteration of any matter affecting the laws, Government, or constitution of Niue: Provided that no one shall be deemed to have a seditious in­ tention only because he intends in good faith— (a) (b) (c) To show that Her Majesty has been misled or mistaken in her measures; or To point out errors or defects in the Parliament or Government of New Zealand or in the Gov­ ernment of Niue; or to incite the inhabitants of Niue to attempt to procure by lawful means the alteration of any matter affecting the laws, gov­ ernment, or constitution of Niue; or To point out, with a view to their removal, mat­ ters producing or having a tendency to produce hostility or ill will between different classes of the inhabitants of Niue.
(2) Seditious words are words expressive of a seditious intention.

(3) A seditious libel is a libel expressive of a seditious intention.

(4) A seditious conspiracy is an agreement between 2 or more persons to carry into execution a seditious intention.
Compare: 1915 No 40 s 177A(1)­(5); 1950 No 92 s 12 130 Punishment of seditious offences Every person is liable to imprisonment for a term not exceed­ ing 2 years who speaks any seditious words, or publishes a seditious libel, or is a party to a seditious conspiracy.

Compare: 1915 No 40 s 177A(5); 1950 No 92 s 12 131 Homicide deﬁned Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Compare: 1915 No 15 s 178; 1957 No 103 s 87 60 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 134 132 Killing of a child (1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
The killing of such a child is homicide if it dies in consequence of injuries received before, during, or after birth.

Compare: 1915 No 40 s 179; 1957 No 103 s 87 (2) 133 Culpable homicide (1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person— (a) (b) (c) (d) By an unlawful act; or By an omission without lawful excuse to perform or observe any legal duty; or By both combined; or By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or By wilfully frightening that person, if he is a child under the age of 16 years or is sick or inﬁrm.

Culpable homicide is either murder or manslaughter.
(e) (3) (4) Homicide that is not culpable is not an offence.
Compare: 1915 No 40 s 180; 1957 No 103 s 87 134 Murder deﬁned Culpable homicide is murder in each of the following cases: (a) If the offender means to cause the death of the person killed: If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not: If the offender means to cause death, or, being so reck­ less as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills (b) (c) 61 Part 5 s 135 Niue Act 1966 Reprinted as at 3 September 2007 (d) another person, though he does not mean to hurt the per­ son killed: If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person though he may have desired that his object should be effected without hurting anyone.
Compare: 1915 No 40 s 180A; 1957 No 103 s 87 135 Further deﬁnition of murder (1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue: If he means to inﬂict grievous bodily injury for the pur­ (a) pose of facilitating the commission of any of the of­ fences mentioned in subsection (2) of this section, or the ﬂight of the offender upon the commission or attempted commission thereof, or for the purpose of resisting law­ ful apprehension in respect of any other offence what­ soever, and death ensues from such injury: If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof: If he by any means wilfully stops the breath of any per­ son for any of the purposes aforesaid, and death ensues from such stopping of the breath.
(b) (c) The offences referred to in subsection (1) of this section are those within the meaning of the following provisions of this Act, namely: (a) (b) Section 134 (murder): Section 158 (resisting a constable in the execution of his duty or any person acting in aid of any constable): Section 159 (abduction of girl under 15): Section 162 (rape): Sections 184 to 186 (escape or rescue from prison or lawful custody): Section 195 (robbery): Section 204 (burglary): Section 212 (arson).
(f) (g) (h) Compare: 1915 No 40 s 180B; 1957 No 103 s 87 (c) (d) (e) (2) 62 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 137 136 Provocation (1) Culpable homicide that would otherwise be murder may be reduced to manslaughter if the person who caused the death did so under provocation.
(2) Anything done or said may be provocation if— (a) (b) In the circumstances of the case it was sufﬁcient to de­ prive a person having the power of self­control of an ordinary person, but otherwise having the characteris­ tics of the person charged, of the power of self­control; and It did in fact deprive the person charged of the power of self­control and thereby induced him to commit the act of homicide.

(3) Whether there is any evidence of provocation is a question of law.
(4) Whether, if there is evidence of provocation, the provocation was sufﬁcient as aforesaid, and whether it did in fact deprive the person charged of the power of self­control and thereby induced him to commit the act of homicide, are questions of fact.
(6) (5) No one shall be held to give provocation to another by lawfully exercising any power conferred by law, or by doing anything which the person charged incited him to do in order to provide the person charged with an excuse for killing or doing bodily harm to any person.

This section shall apply in any case where the provocation was given by the person killed, and also in any case where the person charged, under provocation given by one person, by accident or mistake killed another person.
The fact that by virtue of this section one party to a homicide has not been or is not liable to be convicted of murder shall not affect the question whether the homicide amounted to murder in the case of any other party to it.
Compare: 1915 No 40 s 180C; 1957 No 103 s 87 (7) 137 Illegal arrest may be evidence of provocation An arrest shall not necessarily reduce the offence from murder to manslaughter because the arrest was illegal; but if the ille­ 63 Part 5 s 138 Niue Act 1966 Reprinted as at 3 September 2007 gality was known to the person charged it may be evidence of provocation.
Compare: 1915 No 40 s 180D; 1957 No 103 s 87 138 Punishment of murder Every one who commits murder shall upon conviction thereof be sentenced to imprisonment for life.

Compare: 1915 No 140 s 180E; 1962 No 40 s 3 139 Manslaughter Culpable homicide not amounting to murder is manslaughter.

Compare: 1915 No 40 s 180F; 1957 No 103 s 87 140 Punishment of manslaughter Every one who commits manslaughter is liable to imprison­ ment for a term not exceeding 14 years.
Compare: 1915 No 40 s 180G; 1957 No 103 s 87 141 Omissions dangerous to life Every one who undertakes, whether by a legally binding con­ tract or otherwise, to do any act the omission of which is or may be dangerous to life is under a legal duty to do that act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.
Compare: 1915 No 40 s 181 142 Duty to provide the necessaries of life (1) Every one who has charge of any other person unable, by rea­ son of detention, age, sickness, insanity, or any other cause, to withdraw himself from such charge, and unable to provide himself with the necessaries of life, is (whether such charge is undertaken by him under any contract or is imposed upon him by law or by reason of his unlawful act or otherwise howso­ ever) under a legal duty to supply that person with the neces­ saries of life, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that person is caused, or if his life is endangered or his health permanently injured, by such omission.
64 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 145 (2) Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful excuse, neglects the duty speciﬁed in this section so that the life of the person under his charge is endangered or his health permanently injured by such neglect.
Compare: 1915 No 40 s 182 143 Duty of parent or guardian to provide necessaries (1) Every one who as a parent or person in place of a parent is under a legal duty to provide necessaries for any child under the age of 16 years, being a child in his actual custody, is crim­ inally responsible for omitting without lawful excuse to do so, whether the child is helpless or not, if the death of the child is caused, or if his life is endangered or his health permanently injured, by such omission.
Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful excuse, neglects the duty speciﬁed in this section so that the life of the child is endangered or his health permanently injured by such neglect.
Compare: 1915 No 40 s 182 (2) 144 Liability of persons having charge of dangerous things Every one who has in his charge or under his control any­ thing whatever, whether animate or inanimate, or who erects, makes, or maintains anything whatever, which in the absence of precaution or care may endanger human life is under a legal duty to take reasonable precautions against and to use reason­ able care to avoid such danger, and is criminally responsible for the consequences of omitting without lawful excuse to per­ form that duty.
Compare: 1915 No 40 s 183 145 Hastening death Every one who hastens the death of any person from any dis­ ease or disorder from which he is already suffering shall be deemed to have caused the death of that person.
Compare: 1915 No 40 s 184 65 Part 5 s 146 Niue Act 1966 Reprinted as at 3 September 2007 146 Indirect cause of death Every one whose act or omission results in the death of any person shall be deemed to have caused his death, although the immediate cause of death is the act or omission of some other person or some other independent intervening event.

Compare: 1915 No 40 s 185 147 Attempted murder Every one who attempts to commit murder is liable to impris­ onment for a term not exceeding 14 years.
Compare: 1915 No 40 s 186; 1962 No 40 s 4(b) 148 Conspiracy and inciting to murder Every one is liable to imprisonment for a term not exceeding 10 years, who— (a) (b) Compare: 1915 No 40 s 187 Conspires with any person to murder any person; or Incites any person to commit murder.
149 Counselling suicide Every one is liable to imprisonment for a term not exceeding 14 years who counsels or procures any person to commit sui­ cide, if that person actually commits suicide in consequence, or who aids or abets any person in the commission of suicide.
Compare: 1915 No 40 s 189; 1962 No 40 s 4(c) 150 Concealment of birth Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any man­ ner with intent to conceal the fact that its mother was delivered of it, whether the child died before, or during, or after birth.
Compare: 1915 No 40 s 190 151 Grievous bodily harm Every one is liable to imprisonment for a term not exceeding 7 years who wilfully and without lawful justiﬁcation causes grievous bodily harm to any person.

Compare: 1915 No 40 s 191 66 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 155 152 Actual bodily harm Every one is liable to imprisonment for a term not exceeding 2 years who wilfully and without lawful justiﬁcation causes actual bodily harm to any person.
Compare: 1915 No 40 s 192 153 Omissions resulting in bodily harm Every one is liable to imprisonment for a term not exceeding 2 years who by any act or omission causes bodily harm to any person under such circumstances that, if death had been caused, he would have been guilty of manslaughter.
Compare: 1915 No 40 s 193 154 Intentionally endangering persons on aerodromes, etc Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to injure or endanger the safety of any person on any aerodrome or in any aircraft,— (a) Places anything upon or across any aerodrome; or (b) Does any act likely to interfere with, injure, endanger, (c) or obstructs any aircraft; or Shoots or throws anything at any person in any aircraft or at, into, or upon, or causes anything to come in con­ tact with, any aircraft; or (d) Does anything whatever to any part of any aerodrome or to any machinery or signal belonging to or near to any aerodrome or to any aircraft on, or about to land on or take off from, any aerodrome; or Deals in any way with any signal or light on or near to any aerodrome, or makes or shows any false signal or light or makes any sign whatever on or near to any aerodrome; or (e) (f) Wilfully omits to do any act which it is his duty to do.
Compare: 1915 No 40 s 193A; 1957 No 103 s 89(1) 155 Wantonly endangering persons on or near aerodromes, etc Every one is liable to imprisonment for a term not exceeding 2 years who unlawfully and wilfully, in a manner likely to injure 67 Part 5 s 156 Niue Act 1966 Reprinted as at 3 September 2007 or endanger the safety of any person on any aerodrome or in any aircraft,— (a) By any act, omission, or neglect endangers or obstructs any aircraft; or (b) Does any act likely to interfere with or to cause injury (c) to any aircraft; or Shoots or throws anything at any person in any aircraft or at, into, or upon, or causes anything to come in con­ tact with, any aircraft; or (e) (d) Does anything whatever to any part of any aerodrome or to any machinery or signal belonging to or near to any aerodrome or to any aircraft on, or about to land on or take off from, any aerodrome; or Deals in any way with any signal or light on or near to any aerodrome, or makes or shows any false signal or light or makes any sign whatever on or near to any aerodrome; or By any culpable neglect of duty endangers the safety of any person conveyed in any aircraft.
(f) Compare: 1915 No 40 s 193B; 1957 No 103 s 89(1) 156 Indecent assault Every one who indecently assaults any woman or girl is liable to imprisonment for a term not exceeding 5 years.

Compare: 1915 No 40 s 194 157 Assault Every one who commits an assault on any person is liable to imprisonment for a term not exceeding one year.
Compare: 1915 No 40 s 195 157A Cruelty to a child Every one is liable to imprisonment for a term not exceeding 5 years who, having the custody, control, or charge of a child under the age of 16 years, wilfully illtreats or wilfully neglects the child, or wilfully permits the child to be illtreated or neg­ lected, in a manner likely to cause the child unnecessary suf­ fering, actual bodily harm, injury to health, or mental disorder, or to incur any other unnecessary physical or mental disability.
68 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 160 Section 157A was inserted, as from 9 December 1971, by section 21 Niue Amendment Act 1971 (1971 No 143).

See section 135(2)(b) of this Act.


158 Resisting constable in execution of his duty Every one is liable to imprisonment for a term not exceeding 6 months or to a ﬁne not exceeding $40 who resists or assaults or wilfully obstructs, or incites or encourages any person to resist or assault or obstruct, any constable in the execution of his duty, or any person acting in aid of any constable.
Compare: 1921 No 14 s 4 159 Abduction of girl under 15 (1) Every one is liable to imprisonment for a term not exceeding 2 years who, without the consent of the father or mother or other person having lawful charge of an unmarried girl under the age of 15 years, or without other lawful authority (the proof whereof shall lie on him), takes that girl or causes her to be taken out of the possession of her father or mother or such other person as aforesaid.
It shall be no defence in a prosecution for an offence against this section that the girl was taken with her own consent, or at her own suggestion, or that the offender believed the girl to be of or over the age of 15 years.

(2) (3) No proceedings for an offence against this section shall be taken in the event of the subsequent intermarriage of the of­ fender and the girl in respect of whom the offence has been committed.
Compare: 1921 No 14 s 5 160 Abduction of children (1) Every one is liable to imprisonment for a term not exceeding 2 years who, with intent to deprive any parent or guardian or other person having the lawful charge of any child under the age of 14 years of the possession of that child, unlawfully— Takes or entices away or detains the child; or (a) Receives the child knowing it to have been so dealt with.
(b) 69 Part 5 s 161 Niue Act 1966 Reprinted as at 3 September 2007 (2) Nothing in this section shall extend to any one who gets pos­ session of any child claiming in good faith a right to the pos­ session of the child.

Compare: 1915 No 40 s 214 161 Sexual intercourse deﬁned For the purposes of this Part of this Act, sexual intercourse is complete upon penetration; and there shall be no presumption of law that any person is by reason of his age incapable of such intercourse.
162 Rape (1) Rape is the act of a male person having sexual intercourse with a woman or girl— (a) Without her consent; or (b) With consent extorted by threats or fear of bodily harm; or (c) With consent obtained by personating her husband; or (d) With consent obtained by false and fraudulent represen­ tations as to the nature and quality of the act.

Every one who commits rape is liable to imprisonment for a term not exceeding 14 years.
Every one is liable to imprisonment for a term not exceeding 10 years who attempts to commit rape or who assaults any person with intent to commit rape.
(2) (3) (4) Notwithstanding anything in subsection (1) of this section, no man shall be convicted of rape or attempting to commit rape or assaulting with intent to commit rape in respect of his wife, unless at the time of the intercourse or attempt— (a) There was in force in respect of the marriage a decree nisi of divorce or a decree of nullity granted in New Zealand, and the parties had not, since the making of the decree, resumed cohabitation as man and wife with the free consent of the wife; or There was in force in respect of the marriage a decree of judicial separation granted in New Zealand or a sep­ aration order granted in Niue or in New Zealand or in the Cook Islands.
(b) Compare: 1915 No 40 s 196; 1962 No 40 s 4(d) 70 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 164 In its application to Tokelau, subsection (4)(b) was modiﬁed by the addition of the words “or in Tokelau” by regulation 2(2)(b) of the Tokelau Crimes Regu­ lations 1975 (SR 1975/279).
163 Sexual intercourse or indecency with girl under 12 (1) Every one is liable to imprisonment for a term not exceeding 10 years who— (a) Has sexual intercourse with any girl under the age of 12 years; or (b) Attempts to have sexual intercourse with a girl under (c) (d) (e) the age of 12 years; or Indecently assaults any girl under the age of 12 years; or Being a male, does any indecent act with or upon any girl under the age of 12 years; or Being a male, induces or permits any girl under the age of 12 years to do any indecent act with or upon him.
(2) (3) It is no defence to a charge under this section that the girl consented, or that the person charged believed that she was of or over the age of 12 years.

The girl shall not be charged as a party to an offence committed upon or with her against this section.
Compare: 1915 No 40 s 197 164 Sexual intercourse or indecency with girl between 12 and (1) 15 Every one is liable to imprisonment for a term not exceeding 3 years who— (a) Has or attempts to have sexual intercourse with any girl of or over the age of 12 years and under the age of 15 years, not being his wife; or Indecently assaults any such girl; or Being a male, does any indecent act with or upon any such girl; or Being a male, induces or permits any such girl to do any indecent act with or upon him.
(b) (c) (d) (2) It is no defence to a charge under this section that the girl consented, or that the person charged believed that the girl was of or over the age of 15 years.

71 Part 5 s 165 Niue Act 1966 Reprinted as at 3 September 2007 (3) The girl shall not be charged as a party to an offence committed upon or with her against this section.
Compare: 1915 No 40 s 198 165 Sexual intercourse with woman or girl who is an idiot or imbecile or of unsound mind Every one is liable to imprisonment for a term not exceeding 2 years who has or attempts to have sexual intercourse with any woman or girl who is an idiot or an imbecile or of unsound mind, if he knows or has good reason to believe that she is an idiot or an imbecile or of unsound mind.
Compare: 1915 No 40 s 199 166 Procuring miscarriage of woman or girl Every one is liable to imprisonment for a term not exceed­ ing 2 years who, with intent to procure the miscarriage of any woman or girl, unlawfully administers to or causes to be taken by her any poison or any drug or other noxious thing, or un­ lawfully uses any instrument or other means whatsoever with the like intent.
Compare: 1915 No 40 s 202 167 Act of woman or girl procuring her own miscarriage Every woman or girl is liable to imprisonment for a term not exceeding one year who, whether with child or not, unlawfully administers to herself or permits to be administered to her any poison or any drug or other noxious thing, or unlawfully uses on herself or permits to be used on her any instrument or other means whatsoever, with intent to procure miscarriage.
Compare: 1915 No 40 s 203 168 Supplying means of miscarriage Every one is liable to imprisonment for a term not exceeding 2 years who unlawfully supplies or procures any poison or any drug or other noxious thing, or any instrument or thing whatsoever, knowing that it is intended to be unlawfully used with intent to procure the miscarriage of any woman or girl.
Compare: 1915 No 40 s 204 72 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 172 (2) (3) (4) (2) 169 Bigamy (1) Every one who commits bigamy is liable to imprisonment for a term not exceeding 5 years.

Bigamy is— (a) The act of a person who being married goes through a valid form of marriage with any other person; or The act of a person who goes through a valid form of marriage with any person whom he or she knows to be married.
(b) The fact that the parties would, if unmarried, have been incom­ petent to contract marriage is not a defence upon a prosecution for bigamy.

Every form marriage shall for the purposes of this section be deemed valid, notwithstanding any act or default of the person charged with bigamy, if it is otherwise a valid form.

Compare: 1915 No 40 s 205 170 Buggery (1) Every one is liable to imprisonment for 10 years who commits buggery either with a human being or with any other living creature.
This offence is complete upon penetration.

Compare: 1915 No 40 s 206 171 Attempted buggery and indecent assaults on males Every one is liable to imprisonment for 5 years who— (1) (a) (b) Assaults any person with intent to commit buggery; or Being a male, indecently assaults any other male per­ (c) son.

Attempts to commit buggery; or (2) It is no defence to a charge of indecent assault on a male person of any age that he consented to the act of indecency.
Compare: 1915 No 40 s 207 172 (1) Incest Incest means sexual intercourse between— (a) Parent and child; or 73 Part 5 s 173 Niue Act 1966 Reprinted as at 3 September 2007 (2) 173 (1) (2) (3) 174 (b) (c) Brother and sister, whether of the whole blood or of the half blood, and whether the relationship is traced through lawful wedlock or not; or Grandparent and grandchild, whether the relationship is traced through lawful wedlock or not,— where the person charged knows of the relationship between the parties.
Every one of or over the age of 15 years who commits incest is liable to imprisonment for a term not exceeding 7 years.

Compare: 1915 No 40 s 208; 1963 No 132 s 4 Indecent acts Every one is liable to imprisonment for a term not exceeding 6 months who wilfully does any indecent act in any public place or within the view of any person being in any public place.
It is a defence to a charge under subsection (1) of this section if the person charged proves that he had reasonable grounds for believing that he would not be observed.

Every one is liable to imprisonment for a term not exceeding 6 months who with intent to insult or offend any person does any indecent act in any place.
Compare: 1915 No 40 s 209 Indecent documents Every one is liable to imprisonment for a term not exceeding 6 months who, knowingly and without lawful justiﬁcation or excuse,— (a) Sells or exposes for sale or to public view any obscene or indecent book, picture, photograph, document, or other object tending to corrupt morals; or Publicly exhibits any obscene or indecent show tending to corrupt morals.
(b) Compare: 1915 No 40 s 210 175 Brothels (1) Every one who keeps a brothel is liable to imprisonment for a term not exceeding 6 months.

74 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 177 (2) A brothel is a house, room, or place of any kind whatever kept or used for purposes of prostitution.

(4) (3) Any one who acts as a person having the management, care, or control of a brothel shall be deemed to be a keeper thereof, whether he is in fact a keeper thereof or not.
The owner or occupier of any house, room, or place who knowingly permits it to be used as a brothel shall be deemed to be a keeper thereof, whether he is in fact a keeper thereof or not.

Compare: 1915 No 40 s 211 176 Gaming houses (1) Every one who keeps a gaming house is liable to imprisonment for a term not exceeding 6 months.

(2) A gaming house is a house, room, or place of any kind what­ ever kept or used as a place of resort for gambling.
(3) Gambling means playing for money or other valuable thing at any game of chance, or playing for excessive stakes or otherwise to the injury of public morals at any game of mixed chance and skill; and includes any form of unlawful gaming.

(4) Any one who acts as a person having the management, care, or control of a gaming house shall be deemed to be a keeper thereof, whether he is in fact a keeper thereof or not.
The owner or occupier of any house, room, or place who knowingly permits it to be used as a gaming house shall be deemed to be a keeper thereof, whether he is in fact a keeper thereof or not.

Compare: 1915 No 40 s 212 (5) 177 Riot (1) Every one who takes part in a riot is liable to imprisonment for a term not exceeding 2 years.

(2) A riot is an assembly of 3 or more persons who, with intent to carry out any common purpose, disturb the peace tumul­ tuously.
Compare: 1915 No 40 s 215 75 Part 5 s 178 Niue Act 1966 Reprinted as at 3 September 2007 178 Forcible entry Every one is liable to imprisonment for a term not exceeding 6 months who, by force or threats of force, enters on land then in the actual and peaceable possession of another for the purpose of taking possession thereof, whether he who so enters is entitled to the possession thereof or not.
Compare: 1915 No 40 s 216 179 Affrays (1) Every one who, without lawful justiﬁcation or excuse, takes part in an affray is liable to imprisonment for a term not ex­ ceeding one year.

(2) An affray is the act of ﬁghting in a public highway or in any other public place.
Compare: 1915 No 40 s 217 180 Ofﬁcial corruption Every one commits the offence of ofﬁcial corruption and is liable to imprisonment for a term not exceeding 5 years who— Being the holder of any ofﬁce, whether judicial or other­ (a) wise, in the service of Her Majesty, corruptly accepts or obtains, or agrees to accept or attempts to obtain, for himself or any other person any bribe—that is to say, any money or valuable consideration whatever—on ac­ count of anything done or omitted or to be afterwards done or omitted by him in his ofﬁcial capacity; or Corruptly gives or offers to any person holding any such ofﬁce or to any other person any such bribe as aforesaid on account of any such act or omission.
(b) Compare: 1915 No 40 s 218 181 Perjury (1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence upon oath or afﬁrmation, whether his evidence is given in open Court or by afﬁdavit or otherwise, that asser­ tion being known to the witness to be false.
Every proceeding is judicial within the meaning of this section which is held before any Court, or before any judicial ofﬁcer (2) 76 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 186 (3) or other person having power to take evidence on oath or af­ ﬁrmation.

Every one is liable to imprisonment for a term not exceeding 5 years who commits perjury.
Compare: 1915 No 40 s 219 182 Fabricating evidence Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to mislead any Court of Justice or any judicial ofﬁcer in the exercise of his functions as such, fabricates evidence by any means other than perjury.
Compare: 1915 No 40 s 220 183 Conspiracy to pervert justice Every one is liable to imprisonment for a term not exceeding 3 years who conspires or attempts to obstruct, prevent, pervert, or defeat the course of justice in any cause or matter, civil or criminal.

Compare: 1915 No 40 s 221 184 Breaking prison Every one is liable to imprisonment for a term not exceeding 5 years who by force breaks any prison with intent to set at liberty himself or any other person conﬁned therein.
Compare: 1915 No 40 s 222 185 Escape Every one is liable to imprisonment for a term not exceeding 2 years who, being in lawful custody, whether in a prison or elsewhere, escapes therefrom.

Compare: 1915 No 40 s 223 186 Rescue Every one is liable to imprisonment for a term not exceeding 2 years who rescues any person from lawful custody, whether in a prison or elsewhere, or who assists any person to escape from such custody.
Compare: 1915 No 40 s 224 77 Part 5 s 187 Niue Act 1966 Reprinted as at 3 September 2007 187 Criminal libel or slander (1) A criminal libel is matter published, without lawful justiﬁca­ tion or excuse, either designed to insult any person or likely to injure his reputation by exposing him to hatred, contempt, or ridicule or likely to injure him in his profession, ofﬁce, busi­ ness, trade, or occupation, whether such matter is expressed by words, written or printed, or legibly marked on any sub­ stance, or by any object signifying such matter otherwise than by words, and whether expressed directly or by insinuation or irony.
Publishing a criminal libel is— Exhibiting it in public; or (a) Causing it to be read or seen, or showing or delivering (b) it, or causing it to be shown or delivered, with a view to its being read or seen, by any person other than the person defamed.
(2) Every one is guilty of criminal slander who, without lawful justiﬁcation or excuse, uses any words that are likely to injure the reputation of any other person by exposing him to hatred, contempt, or ridicule, or likely to injure him in his profession, ofﬁce, business, trade, or occupation, if the words are— (a) Spoken, or reproduced from a recording, within the hearing of more than 12 persons at a meeting to which the public are invited or have access, or within the hear­ ing of more than 12 persons in any place to which the public have or are permitted to have access; or Broadcast by means of radio.
(b) Every one who publishes a criminal libel or is guilty of crim­ inal slander is liable to imprisonment for a term not exceeding 6 months.

In a prosecution under this section the burden of proof shall be determined by the same rules as in an action for damages for defamation.

In a prosecution under this section it shall be no defence that the libel or slander is true unless the publication thereof was for the public beneﬁt.
Compare: 1915 No 40 s 225 (3) (4) (5) (6) 78 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 190 188 Deﬁnition of theft (1) (2) (3) 189 Theft or stealing is the act of fraudulently or dishonestly tak­ ing, or converting to the use of any person, or misappropriating or disposing of, or dealing in any other manner with, anything capable of being stolen, with intent to defraud or injure any person having any property or interest in that thing.
Every animate or inanimate thing whatever which is the prop­ erty of any person, and is movable, is capable of being stolen.

Every thing whatever which is the property of any person and is capable of being made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it.
Compare: 1915 No 40 s 227 Ineffectual defences to charge of theft Without in any way limiting the generality of the foregoing deﬁnition of theft, a person shall be deemed guilty of theft notwithstanding the fact— (a) That at the time of the theft he was in lawful possession of the property stolen; or That he had himself a lawful interest in the property stolen, whether as a partner, co­owner, bailee, bailor, mortgagee, mortgagor, or otherwise howsoever; or That he was a trustee of the property stolen; or That the property stolen was vested in him as an execu­ tor or administrator.
(b) (c) (d) Compare: 1915 No 40 s 228 190 Extended deﬁnition of theft Without in any way limiting the generality of the foregoing deﬁnition of theft, every person shall be deemed guilty of theft who holds, receives, or obtains any money, valuable security, or other thing whatsoever capable of being stolen, subject to any obligation (whether arising from an express or implied trust, or from an express or implied contract, or from any other source whatsoever) to deal with the money, valuable security, or thing in any manner, and who fraudulently or dishonestly 79 Part 5 s 191 Niue Act 1966 Reprinted as at 3 September 2007 deals with it in any other manner or fails to deal with it in accordance with that obligation.
Compare: 1915 No 40 s 229 191 Obtaining money or goods by false pretences to be deemed theft Every one who by means of any fraud or false pretence dis­ honestly obtains for himself or for any other person (whether directly or through the medium of any contract procured by the fraud or false pretence) anything capable of being stolen is guilty of stealing the thing so obtained, and shall be liable accordingly.
Compare: 1915 No 40 s 230 192 Punishment of theft (1) Every one who commits theft is liable— (a) To imprisonment for a term not exceeding 3 months if the value of the property stolen does not exceed $4: To imprisonment for a term not exceeding one year if the value of the property stolen exceeds $4 but does not exceed $100: To imprisonment for a term not exceeding 5 years if the value of the property stolen exceeds $100.
(b) (c) (2) (3) In computing for the purposes of this section the value of the property stolen, where several thefts are charged in the same information against the same person, the aggregate value of all such property shall be computed, and the sentence shall be determined accordingly, and cumulative sentences in respect of the several thefts so charged shall not be imposed.

For the purposes of this section a valuable security shall be deemed to be of the same value as the property to which it relates.
Compare: 1915 No 40 s 226(1)­(3) 193 Stealing documents (1) Every one who destroys, cancels, conceals, or obliterates in whole or in part any document for any fraudulent or dishonest purpose is guilty of having stolen that document, and is liable to imprisonment for a term not exceeding 3 years.

80 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 196 (2) Every one who in this or any other manner steals a testament­ ary instrument is liable to imprisonment for a term not exceed­ ing 10 years.
Compare: 1915 No 40 s 231 194 Receiving stolen goods Every one who receives any stolen property knowing it to have been stolen is guilty of having stolen the property, and is liable accordingly.

Compare: 1915 No 40 s 232 (2) (3) (2) 195 Robbery (1) Robbery is theft accompanied by violence or threats of vio­ lence to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.
Every one who commits robbery is liable to imprisonment for a term not exceeding 10 years.

Every one who assaults any person with intent to rob him is liable to imprisonment for a term not exceeding 5 years.
Compare: 1915 No 40 s 233 196 Conversion or attempted conversion of motorcars, etc (1) Any aircraft: Every one is liable to imprisonment for a term not exceeding 5 years who, unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any of the following things, namely: (a) Any motorcar, or any vehicle of any description: (b) Any ship: (c) (d) Any part of any motorcar, vehicle, ship, or aircraft: (e) Every one is liable to imprisonment for a term not exceeding one year who— (a) Has in his possession by night any instrument, being an instrument capable of being used for taking or con­ verting any of the things mentioned in paragraphs (a) to (d) of subsection (1) of this section, in circumstances Any horse, mare, or gelding.
81 Part 5 s 197 Niue Act 1966 Reprinted as at 3 September 2007 that, prima facie, show an intention to use it for the tak­ ing or converting of any such thing as aforesaid: (b) Has in his possession by day any such instrument as aforesaid with intent to take or convert any such thing as aforesaid.

(3) It is a defence to a charge under paragraph (a) of subsection (2) of this section if the person charged proves that he had lawful excuse for having the instrument in his possession.
197 Breach of trust (1) Every trustee who with intent to defraud, and in violation of his trust, converts anything of which he is a trustee to any use not authorised by the trust is guilty of criminal breach of trust, and is liable to imprisonment for a term not exceeding 5 years.

For the purposes of this section an executor or administrator shall be deemed to be a trustee of the property subject to his administration.
(2) (3) Nothing in this section shall be so construed as in any manner to limit the foregoing deﬁnition of the offence of theft, and if any act of a trustee is both theft and a criminal breach of trust he may be convicted of either of those offences.

Compare: 1915 No 40 s 234 198 Menaces Every one is liable to imprisonment for a term not exceeding 2 years who with menaces demands from any person, either for himself or for any other person, anything capable of being stolen, with intent to steal it.
Compare: 1915 No 40 s 235 199 Witchcraft Every one is liable to imprisonment for a term not exceeding 6 months who pretends to exercise or use any kind of witchcraft, sorcery, enchantment, or conjuration, or undertakes to tell for­ tunes.

Compare: 1915 No 40 s 236 82 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 204 200 Obtaining credit by fraud Every one is liable to imprisonment for a term not exceeding 6 months who in incurring any debt or liability obtains credit by means of any fraud.
Compare: 1915 No 40 s 237 201 Accusation of criminal offences Every one is liable to imprisonment for a term not exceeding 5 years who,— (a) With intent to extort or gain anything from any person, accuses or threatens to accuse either that person or any other person of any criminal offence, whether the per­ son accused or threatened with accusation is guilty of that offence or not; or (b) With such intent as aforesaid, threatens that any person (c) shall be so accused by any person; or Causes any person to receive a document containing any such accusation or threat, knowing the contents thereof.
Compare: 1915 No 40 s 238 202 Conspiracy to defraud Every one is liable to imprisonment for a term not exceeding 3 years who conspires with any other person by deceit or false­ hood or other fraudulent means to defraud the public or any person ascertained or unascertained.
Compare: 1915 No 40 s 239 203 Obtaining execution of valuable securities by fraud Every one is liable to imprisonment for a term not exceeding 3 years who by any false pretence causes or induces any person to execute, make, accept, endorse, or destroy the whole or any part of any valuable security.
Compare: 1915 No 40 s 240 204 Burglary (1) Every one is guilty of burglary and is liable to imprisonment for a term not exceeding 5 years who by day or night— 83 Part 5 s 205 Niue Act 1966 Reprinted as at 3 September 2007 (2) (a) (b) Breaks and enters any building or ship with intent to commit a crime therein; or Breaks out of any building or ship either after commit­ ting a crime therein or after having entered with intent to commit a crime therein.
For the purposes of this section— To break, in relation to any building or ship, means to break any part, internal or external, of the building or ship, or to open by any means whatsoever any door, window, or other thing intended to cover openings to the building or ship or to give passage from one part of it to another Building means any building, erection, or structure of any de­ scription, whether permanent or temporary; and includes a tent or a caravan; and also includes any enclosed yard or any closed cave or tunnel.
Compare: 1915 No 40 s 241 205 Unlawful entry of dwellinghouse, etc (1) Every one is liable to imprisonment for a term not exceeding 5 years who unlawfully enters or is in any dwellinghouse by night with intent to commit a criminal offence therein, or who is found by night in any dwellinghouse without lawful justiﬁ­ cation for his presence there.
Every one is liable to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $20 who without lawful excuse (the proof of which excuse shall be on him), but in circumstances that do not disclose the commission of or an intention to commit any other offence, is found at any time in any dwellinghouse, or in any enclosed yard, garden, or area or in or on board any vessel of any kind or any aircraft.
For the purpose of this section— Dwellinghouse means— (a) Any building, hut, tent, caravan, or other structure or erection, whether permanent or temporary, which is used or intended to be used in whole or in part for human habitation or occupation; or (b) Any building, public or private, which is used or in­ tended to be used in whole or in part for the purpose (2) (3) 84 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 207 of education or the reception or lodging of any person for medical treatment or recuperation or entertainment or any other purpose: Night means the time commencing on the expiration of the ﬁrst half hour after sunset and concluding at the beginning of the last hour before sunrise.
Compare: 1915 No 40 s 241A; 1957 No 103 s 90(1) 205A Unlawfully entering premises for a criminal purpose Every one is liable to imprisonment for a term not exceed­ ing 4 years who unlawfully enters or is in any building, ship, or aircraft with intent to commit therein any criminal offence mentioned in this Part of this Act.

Section 205A was inserted by section 22 Niue Amendment Act 1971.
206 Threats to kill or do bodily harm Every one is liable to imprisonment for a term not exceeding 5 years who sends or causes to be received, knowing the contents thereof, any letter or writing containing threats to kill or do bodily harm to any person, or who orally makes a threat to kill or do bodily harm to any person.
Compare: 1915 No 40 s 241B; 1948 No 25 s 2 207 Forgery (1) (2) (3) Forgery is the making of a false document with intent to de­ fraud or deceive any person, whether ascertained or unascer­ tained.

Every one who commits forgery is liable to imprisonment for a term not exceeding 5 years.
In this section the term false document means a document— Of which the whole or any material part purports to be (a) made by any person who did not make it or authorise its making; or (b) Of which the whole or any material part purports to be made on behalf of any person who did not authorise its making; or In which, though it purports to be made by the person who did in fact make it or authorise its making, or pur­ (c) 85 Part 5 s 208 Niue Act 1966 Reprinted as at 3 September 2007 ports to be made on behalf of the person who did in fact authorise its making, the time or place of its making, where either is material, or any number or distinguish­ ing mark identifying the document, where either is ma­ terial, is falsely stated; or (d) Of which the whole or some material part purports to be made by a ﬁctitious or deceased person, or purports to be made on behalf of any such person; or (e) Which is made in the name of an existing person ei­ ther by him or by his authority, with the intention that it should pass as being made by some person, real or ﬁcti­ tious, other than the person who makes or authorises it.
For the purposes of this section, the expression making a false document includes making any material alteration in a gen­ uine document, whether by addition, insertion, obliteration, erasure, removal, or otherwise.
Forgery is complete as soon as the document is made with such knowledge and intent as aforesaid, although the offender may not have intended that any particular person should use or act upon it as genuine, or should be induced by the belief that it is genuine to do or refrain from doing anything.
Forgery is complete although the false document may be in­ complete, or may not purport to be such a document as would be valid in law, if it be so made and is such as to indicate that it was intended to be acted on as genuine.

Compare: 1915 No 40 s 242 (4) (5) (6) 208 Extended deﬁnition of forgery Every one who procures the execution of any document by any person by falsely pretending that its contents are different from what they really are is guilty of forging that document, and is liable accordingly.
Compare: 1915 No 40 s 243 209 Making counterfeit coin Every one is liable to imprisonment for a term not exceeding 7 years who makes or begins to make counterfeit coin of New Zealand or of any other country, or who has in his possession 86 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 213 any dies or other instruments or materials intended to be used in the making of such counterfeit coin.
Compare: 1915 No 40 s 244 210 Lightening coin Every one is liable to imprisonment for a term not exceeding 2 years who diminishes or lightens any coin, whether of New Zealand or of any other country, with intent that when so dealt with it shall pass as current coin either in Niue or New Zealand or elsewhere.

Compare: 1915 No 40 s 245 211 Uttering counterfeit coin Every one who fraudulently utters any counterfeit coin is liable to imprisonment for a term not exceeding 6 months.
Compare: 1915 No 40 s 246 212 Arson (1) Arson is the offence of wilfully, and without lawful justiﬁ­ cation and without bona ﬁde claim of right, setting ﬁre to any building, ship, crop, chattel, or other thing whatsoever, whether attached to the soil or not.
(2) Where the act done results in the destruction of or any dam­ age to anything in which the person accused has an interest, whether total or partial, the existence of that interest shall not prevent his act being an offence if it is done with intent to de­ fraud or to cause loss to any other person.

For the purposes of this subsection, where any property is subject to any mortgage or charge, each of the parties to the mortgage or charge shall be deemed to have a partial interest in that property.
Every one who commits the offence of arson is liable to im­ prisonment for a term not exceeding 5 years.

Compare: 1915 No 40 s 247 (3) 213 Wilful mischief to property (1) Every one is guilty of an offence who wilfully and without law­ ful justiﬁcation and without bona ﬁde claim of right destroys or damages any property, whether movable or immovable.
87 Part 5 s 214 Niue Act 1966 Reprinted as at 3 September 2007 (2) Where the act done results in the destruction of or any dam­ age to anything in which the person accused has an interest, whether total or partial, the existence of that interest shall not prevent his act being an offence if it is done with intent to de­ fraud or to cause loss to any other person.
For the purposes of this subsection, where any property is subject to any mortgage or charge, each of the parties to the mortgage or charge shall be deemed to have a partial interest in that property.

Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 years if the damage done or intended to be done by him amounts to $20 or more, and to imprisonment for a term not exceeding 6 months in any other case.
Compare: 1915 No 40 s 248 (3) 214 Provoking breach of the peace Every one is liable to a ﬁne not exceeding $10 who uses any threatening, abusive, or insulting words or behaviour in any public place with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned.
Compare: 1915 No 40 s 249 215 Profane, indecent, or obscene language Every one is liable to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $40 who uses any profane, indecent, or obscene language in any public place or within the hearing of any person in a public place.

Compare: 1921 No 14 s 6 216 Disorderly conduct in public places Every one is liable to a ﬁne not exceeding $10 who is guilty of any disorderly conduct in any public place to the annoyance of persons there present.
Compare: 1915 No 40 s 250 217 Obstructing public place Every one is liable to a ﬁne not exceeding $10 who with­ out lawful justiﬁcation obstructs any public place, or creates 88 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 222 any source of danger therein, or otherwise commits any pub­ lic nuisance therein.

Compare: 1915 No 40 s 253 218 Drunkenness Every one is liable to imprisonment for a term not exceeding one month or to a ﬁne not exceeding $20 who is found drunk in any public place.
Compare: 1915 No 40 s 254 219 Animal trespass Every one is liable to a ﬁne not exceeding $10 who permits any horse, sheep, pig, goat, or cattle to wander or be at large in any public place or to trespass upon any land.

Compare: 1915 No 40 s 252 220 Prostitution Any prostitute is liable to imprisonment for a term not exceed­ ing one month or to a ﬁne not exceeding $10 who loiters and importunes any person in any public place for the purpose of prostitution.
Compare: 1915 No 40 s 255 221 Laying poison Every one is liable to a ﬁne not exceeding $10 who without lawful justiﬁcation places any poison in any place so as to be a source of danger to human beings or to animals.
Compare: 1915 No 40 s 256 222 Polluting water Every one is liable to imprisonment for a term not exceeding 6 months or to a ﬁne not exceeding $100 who throws any offen­ sive matter into or otherwise pollutes any watercourse, well, cistern, or other place from which the supply of water for the use of the inhabitants is obtained.
Compare: 1915 No 40 s 257 89 Part 5 s 223 Niue Act 1966 Reprinted as at 3 September 2007 223 Sale of unwholesome provisions Every one is liable to imprisonment for a term not exceeding one month or to a ﬁne not exceeding $40 who sells, or exposes for sale, or has in his possession with intent to sell, any food or drink which he knows, or might by the exercise of reasonable care have known, to be unwholesome.
Compare: 1915 No 40 s 258 224 Insanitary premises Every one is liable to a ﬁne not exceeding $20 who permits any premises in his occupation or belonging to him to be in an insanitary or offensive condition to the danger or annoyance of the public or of his neighbours.

Compare: 1915 No 40 s 259 225 Wilful trespass Every one is liable to a ﬁne not exceeding $10 who wilfully trespasses on land in the occupation of any other person.
Compare: 1915 No 40 s 260 226 Cruelty to animals (1) Every one is liable to imprisonment for a term not exceeding one month or to a ﬁne not exceeding $20 who cruelly beats, overdrives, overloads, abuses, tortures, or otherwise ill treats any animal, or who, being the owner or having the charge of any animal, omits to supply it with proper and sufﬁcient food, water, or shelter.

In this section the term animal means any beast or bird of any species whatever.
(2) 227 Falsely trading as an incorporated company (1) Every one is liable to a ﬁne not exceeding $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 the trade or business is that of an incorporated company.
In any prosecution for an offence against this section the bur­ den of proving that the incorporated company exists and that (2) 90 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 229 the trade or business so carried on is the trade or business of that company shall be upon the accused.
Compare: 1915 No 40 s 262 228 Conspiracy Every one who conspires with any other person to commit any offence punishable by imprisonment is liable to imprisonment for a term not exceeding half the longest term to which a per­ son committing the said offence may be sentenced.
Compare: 1915 No 40 s 263 Attempts 229 Attempts to commit offences (1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the com­ mission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

(2) (4) (3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately con­ nected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.
Everyone who attempts to commit an offence in respect of which no punishment is expressly prescribed by this or any other Act of the New Zealand Parliament that extends to Niue, or by any Act of the Niue Assembly, regulation, bylaw, or other enactment is liable to not more than half the maximum punishment to which he would be liable if he had committed that offence.
Compare: 1915 No 40 s 264; 1963 No 132 s 6(1) In subsection (4) the words in the ﬁrst set of square brackets were inserted by section 2(1) of the Niue Amendment Act 1974, and the reference to any Act of the Niue Assembly was substituted for a reference to any Ordinance by section 2(2)(e) of that Act.
91 Part 5 s 230 Niue Act 1966 Reprinted as at 3 September 2007 230 Attempt proved when offence is charged Where the commission of the offence charged is not proved, but the evidence establishes an attempt to commit the offence, the accused may be convicted of the attempt.
Compare: 1915 No 40 s 264A; 1963 No 132 s 6(1) 231 Offence proved when attempt is charged (1) Where an attempt to commit an offence is charged, but the evidence establishes the commission of the full offence, the accused may be convicted of the attempt.

(2) After a conviction for that attempt, the accused shall not be liable to be tried again for the offence which he was charged with attempting to commit.
Compare: 1915 No 40 s 264B; 1963 No 132 s 6(1) Parties to offences 232 (1) (2) Inciting Every person who incites any person, whether ascertained or unascertained, to commit any offence punishable by imprison­ ment shall be liable to imprisonment for a term not exceeding half the longest term to which a person committing the said offence may be sentenced or, where that offence is punishable by imprisonment for life, to imprisonment for a term not ex­ ceeding 14 years.
If the offence to which any person is so incited is actually com­ mitted by him, the person so inciting him shall be liable, on a charge of inciting, to the same punishment as if he had himself committed the offence, or he may be charged and convicted as a party to the offence so procured by him.
Compare: 1915 No 40 s 265 233 Parties to offences Every one is a party to and guilty of an offence who— (a) (b) Does or omits any act for the purpose of aiding any Actually commits the offence; or person to commit the offence; or Abets any person in the commission of the offence; or (c) 92 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 236 Counsels or procures any person to commit the offence.
(d) Compare: 1915 No 40 s 266 234 Common criminal purpose If several persons form a common intention to prosecute any unlawful purpose and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of that common purpose, the commission of which offence was known to be a probable consequence of the prosecution of that common purpose.
Compare: 1915 No 40 s 267 235 Counselling or procuring (1) (2) Every one who counsels or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was counselled.
Every one who counsels or procures another to be a party to an offence is a party to every offence which that other commits in consequence of that counselling or procuring, and which the person counselling or procuring knew to be likely to be committed in consequence of the counselling or procuring.
Compare: 1915 No 40 s 268 236 Accessory after the fact (1) An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, com­ forts, or assists that person or tampers with or actively sup­ presses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.
(2) No married person whose spouse has been a party to an of­ fence shall become an accessory after the fact to that offence by doing any act to which this section applies in order to en­ able the spouse, or the spouse and any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.
Compare: 1915 No 40 s 268A; 1962 No 40 s 6 93 Part 5 s 237 Niue Act 1966 Reprinted as at 3 September 2007 237 Punishment of accessories Every one who is accessory after the fact to any offence pun­ ishable by imprisonment, being an offence in respect of which no express provision is made by this Act or by some other en­ actment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding 7 years if the punishment for that offence is imprisonment for life, and not exceeding 5 years if that punishment is imprisonment for 10 or more years; and in any other case is liable to not more than half the maximum punishment to which he would have been liable if he had committed the offence.
Compare: 1915 No 40 s 268B; 1962 No 40 s 6 Infancy Sections 237A and 237B and the heading “Infancy” were inserted by section 7 Niue Amendment Act 1970.

237A Children under 10 (1) No person shall be convicted of an offence by reason of any (2) act done or omitted by him when under the age of 10 years.
The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

Sections 237A and 237B were inserted by section 7 Niue Amendment Act 1970.
237B Children between 10 and 14 (1) No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 10 but under the age of 14 years, unless he knew either that the act or omission was wrong or that it was contrary to law.

The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.
Sections 237A and 237B were inserted by section 7 Niue Amendment Act 1970.

(2) 94 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 241 238 Common law defences Defences All rules and principles of the common law which render any circumstance a justiﬁcation or excuse for any act or omission, or a defence to any charge, shall remain in force with respect to all offences constituted by this or any other enactment, except so far as inconsistent with this or any other enactment.
Compare: 1915 No 40 s 269 239 Common law offences No person shall be proceeded against for any criminal offence at common law.

Compare: 1915 No 40 s 270 Sentences 240 Power to ﬁne instead of or in addition to imprisonment Except where otherwise expressly provided, every one liable to imprisonment for any term for any offence may be sen­ tenced to pay a ﬁne not exceeding $200 in addition to or in­ stead of imprisonment.
Compare: 1915 No 40 s 272 241 Enforcement of ﬁnes (1) Every ﬁne imposed upon any person by the High Court shall constitute a judgment debt due by that person to the Crown, and payment thereof shall be enforceable and recoverable ac­ cordingly by writ of sale or any other civil process of execution in the same manner in all respects as if the debt had been re­ covered in civil proceedings at the suit of the Crown.
(2) Any person upon whom any such ﬁne has been imposed may, by warrant under the seal of the High Court, be committed to prison by a Judge of that Court for a period not exceeding 6 months, but shall be entitled to be discharged from imprison­ ment on payment of the ﬁne.
(3) When any person has been so committed to prison, no pro­ ceedings or further proceedings shall thereafter be taken for 95 Part 5 s 242 Niue Act 1966 Reprinted as at 3 September 2007 the enforcement of the ﬁne by way of civil process under this section.

Compare: 1915 No 40 s 273 242 Imprisonment in Niue Save so far as herein otherwise provided, every sentence of im­ prisonment shall be carried into effect in some prison in Niue and subject to the provisions of any Act of the Niue Assembly.
Compare: 1915 No 40 s 274; 1963 No 132 s 7 The reference to any Act of the Niue Assembly was substituted for a reference to any Ordinance by section 2(2)(e) of the Niue Amendment Act 1974.

In its application to Tokelau, this section was modiﬁed by substituting the word “enactment” for the words “Act of the Niue Assembly” by regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/279).
243 Transfer of convicted persons to New Zealand (1) Every person sentenced to imprisonment, or committed to prison, for 6 months or more including an offender who has been recalled under section 244A of this Act may, by warrant of the Cabinet and the Seal of Niue, be transferred to some prison in New Zealand named or described in the warrant.
(3) (2) On the issue of any such warrant, the person named therein thereupon be taken in custody from Niue to New shall Zealand, and there forthwith delivered to the Superintendent of the prison named or described in the warrant.
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 con­ viction or commitment of the person named in the warrant, the offence of which he was convicted or the reason of the com­ mitment, and the term for which he has been so sentenced or committed.
(4) 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 Niue until his delivery to the Superintendent in New Zealand shall for all pur­ 96 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 244 (b) poses be computed as part of the term of his imprison­ ment: Subject to the provisions of section 244 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.
Compare: 1915 No 40 s 275; 1962 No 40 s 7(2); 1964 No 70 s 57(1); 1965 No 1 s 3(3) In subsection (1) the words in the ﬁrst set of square brackets were inserted by section 3(2) of the Niue Amendment Act 1968, and the words “of the Cabinet” were substituted for the words “under the hand of the Resident Commissioner” by section 2(1) of the Niue Amendment Act 1974.
In its application to Tokelau, subsection (1) was modiﬁed by substituting the words “under the hand of the Administrator of Tokelau” for the words “of the Cabinet and the Seal of Niue” by regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/279).

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
244 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 243 of this Act is imprisoned in New Zealand under the provisions of that section,— (a) The Minister of Justice, with the concurrence of the Minister of Foreign Affairs, (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 (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 the offender, not being an offender serving a sen­ tence of life imprisonment, in addition to any 97 Part 5 s 244 Niue Act 1966 Reprinted as at 3 September 2007 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 may revoke any such remission at any time before the offender is re­ leased; and (iii) May, in the case of any offender who is a Niuean, direct by warrant signed by him that on the re­ lease of the offender he be allowed to remain in New Zealand: (b) Where any 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 the offender is released, impose such special conditions of pro­ bation as he thinks ﬁt in addition to those that ap­ ply 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 Niue, the Minister of Justice, with the like concurrence, may, by warrant at any time before
 the offender is released for the purpose of being returned to Niue, 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 supervision by a person to be nominated from time to time by the Premier, and shall comply 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 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.
98 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 244 (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) (b) Be returned to Niue and released on his arrival there; or Be returned in custody to Niue and continue to serve the sentence of imprisonment in some prison in Niue 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 Niue) and be released on the date so speciﬁed; or Be released in New Zealand.
(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 ex­ piry 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 Premier and shall comply with the directions 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 Niue pursuant to this section.
(4) (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.
99 Part 5 s 244 Niue Act 1966 Reprinted as at 3 September 2007 (6) Where any offender who pursuant to this section is released in New Zealand desires to return to Niue before the expiration of the term of his probation, the Minister of Justice, on the appli­ cation of the offender and with the concurrence of the Minis­ ter of Foreign Affairs, may cancel the probationary licence as from the date on which the offender leaves New Zealand, and by warrant direct that as from the date of the arrival of the of­ fender in Niue 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 supervision by a person to be nom­ inated from time to time by the Premier 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 Niuean, shall, as soon as he is en­ titled to be released or as soon thereafter as may be, unless he is to be released in New Zealand under this section, be returned to Niue pursuant to a warrant signed by the Minister of Just­ ice, and in the meantime shall be detained in custody in some prison in New Zealand appointed by that warrant.
(7) (8) A recommendation of the Prisons Parole Board under this sec­ tion may be given effect to pursuant to a warrant signed by the Minister of Justice with the concurrence of the Minister of For­ eign Affairs.

For the purposes of this section, cumulative terms of impris­ onment shall be treated as one term.
(9) (10) Where any offender is for the time being subject to supervi­ sion in Niue under this section, the term of his sentence shall continue to run while he is subject to supervision as if he were still serving the sentence; and the date of expiry of the sen­ tence shall be determined accordingly.
Compare: 1915 No 40 s 275A; 1962 No 40 s 7(1); 1963 No 132 s 8(2)(b), (3), (4); 1964 No 70 s 57(1); 1965 No 1 s 3(3) In subsections (1)(a), (1)(b)(i), (6), and (8) 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 Niue Amendment Act (No 2) 1974.
In subsections (1)(b)(ii), (3), and (6) the word “Premier” was substituted for the words “Resident Commissioner” by section 2(1) of the Niue Amendment Act 1974.

100 Reprinted as at 3 September 2007 Niue Act 1966 Part 5 s 245 Subs (10) was added by section 2 of the Niue Amendment Act 1968.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
244A Recall of offender subject to supervision (1) Where any offender undergoing a sentence of imprisonment for life is for the time being subject to supervision in Niue pursuant to section 244 of this Act, the Cabinet may at any time before the expiration of the period of supervision, by warrant direct that the offender be recalled.
(3) (2) On the giving of that direction, the supervision shall be deemed to be cancelled, and the offender may be arrested without war­ rant by any constable, and, subject to section 244 of this Act, shall continue to serve his original sentence.

The powers conferred by subsection (1) of this section may be exercised on such grounds as the Cabinet thinks ﬁt and whether or not the offender has committed a breach of any condition of his supervision.
Section 244A was inserted by section 3(1) of the Niue Amendment Act 1968.

In subsection (1) the words “the Cabinet” were substituted for the words “the Minister of Justice, on the application of the Resident Commissioner and with the concurrence of the Minister of Island Affairs”, and the words “signed by him” were omitted, by section 2(1) of the Niue Amendment Act 1974.
In subsection (3) the words “the Cabinet thinks ﬁt” were substituted for the words “the Minister of Justice and the Minister of Island Affairs think ﬁt” by section 2(1) of the Niue Amendment Act 1974.
245 Person conditionally released from imprisonment, or portion of whose sentence is conditionally remitted, may be reimprisoned (1) Any person who is released from imprisonment— (a) Pursuant to a remission of part of his sentence under paragraph (a) of subsection (1) of section 244 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 Niue under that section (including a person who returns to Niue pursuant to subsection (6) of that section); or 101 Part 5 s 246 Niue Act 1966 Reprinted as at 3 September 2007 (b) Pursuant to a remission of part of his sentence under section 286 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.
For the purposes of this section, cumulative terms of impris­ onment shall be treated as one term.
Compare: 1915 No 40 s 275B; 1962 No 40 s 8 (2) 246 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.

Compare: 1915 No 40 s 277 (2) Part 6 Criminal procedure 247 District Court Judges In this Part of this Act the term District Court Judge means any Judge of the Land Court or of the Land Appellate Court, the Registrar of the High Court or of the Land Court, the Comptroller of Customs, or any Medical Ofﬁcer.
Compare: 1915 No 40 s 278; 1946 No 30 s 47; 1964 No 70 s 57(1); 1965 No 1 s 3(3) The words “the Resident Commissioner or” were omitted by section 2(1) of the Niue Amendment Act 1974.

102 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 250 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).
248 Jurisdiction of High Court Except where otherwise expressly provided, all offences against the laws of Niue may be tried in the High Court in accordance with this Part of this Act.
Compare: 1915 No 40 s 279 249 Felonies and misdemeanours There shall be no distinction between felonies and misde­ meanours and between offences punishable on indictment and by way of summary conviction; and, so far as may be necessary for the purpose of any rule of the common law or of any enactment in force in Niue, all such offences shall be deemed to be misdemeanours.
Compare: 1915 No 40 s 280 Preliminary proceedings 250 Arrest without warrant (1) No person shall be arrested without warrant except pursuant to this Act or pursuant to some other enactment giving power to arrest without warrant.
(2) Any constable and any person whom he calls to his assistance may, without warrant, arrest and take into custody— (a) Any person whom he ﬁnds disturbing the public peace or whom he has good cause to suspect is committing treason (as deﬁned in section 73 of the Crimes Act 1961) or any ofﬁce punishable by imprisonment: (b) Any person whom he has good cause to suspect of hav­ ing committed a breach of the peace or treason (as so deﬁned) or any offence punishable by imprisonment: Any person whom he has good cause to suspect to be attempting or about to commit a breach of the peace or treason (as so deﬁned) or any offence punishable by imprisonment: (c) 103 Part 6 s 251 Niue Act 1966 Reprinted as at 3 September 2007 (d) Any person whom he has good cause to suspect is com­ mitting an offence against section 214 or section 216 of this Act.
(3) Any person may, without warrant, arrest and take into cus­ tody— (a) Any person whom, in any public place, he ﬁnds disturb­ ing the public peace: (4) (b) Any person whom he has good cause to suspect to be about to commit, in a public place, a breach of the peace.
The foregoing provisions of this section shall be read subject to the express provisions of any enactment imposing any limi­ tation, restriction, or condition on the exercise of any power to arrest without warrant conferred upon any constable or any other person in respect of any speciﬁed offence or any speci­ ﬁed class of offences.
(5) Where under any enactment, other than this Act, any ofﬁcer or other person, not being a constable, has power, without war­ rant, to arrest any other person, any constable may exercise that power in the same cases and in the same manner as that ofﬁcer or other person.

(6) Where any person, other than a constable, arrests, without war­ rant, any other person, he shall as soon as reasonably possible thereafter deliver that other person into the custody of a con­ stable.
Section 250 was substituted by section 23 Niue Amendment Act 1971.
251 Arrest on warrant of District Court Judge A District Court Judge, on receiving such information on oath as seems sufﬁcient to him, whether made in writing or not, may, if he thinks ﬁt, issue his warrant for the arrest of any person for any offence against the laws of Niue, and thereupon any constable or other person speciﬁed in the warrant in that behalf may arrest the accused, who shall be forthwith brought before a Judge of the High Court or a District Court Judge, there to be dealt with in accordance with the provisions of this Part of this Act.
Compare: 1915 No 40 s 282 104 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 251A 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).
251A Duty of persons arresting (1) (2) It is the duty of every one arresting any other person to inform the person he is arresting, at the time of the arrest, of the act or omission for which the person is being arrested, unless it is impracticable to do so, or unless the reason for the arrest is obvious in the circumstances.
The act or omission need not be stated in technical or precise language, and may be stated in any words reasonably sufﬁcient to give that person notice of the true reason for his arrest.
It is the duty of every one who arrests any other person pur­ suant to any process or warrant— (a) If he has the process or warrant in his possession at the time of the arrest, to produce it if required by that person to do so: If he does not have the process or warrant in his posses­ sion at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that per­ son so requires.
(b) (3) Where under any enactment any person other than a constable has, by virtue of his ofﬁce, a power of arrest without warrant, he shall, whenever he arrests any other person pursuant to that power— (a) If he has evidence of his appointment to that ofﬁce in his possession at the time of the arrest, produce it if required by that person to do so: If he does not have evidence of his appointment in his possession at the time of the arrest, show it to the ar­ rested person as soon as practicable after the arrest, if that person so requires.
(b) (4) A failure to fulﬁl any of the duties mentioned in the foregoing provisions of this section shall not of itself deprive the person arresting, or his assistants, of protection from criminal respon­ sibility, but shall be relevant to the inquiry whether the arrest might not have been effected, or the process or warrant exe­ cuted, by reasonable means in a less violent manner.
105 Part 6 s 252 Niue Act 1966 Reprinted as at 3 September 2007 (5) Every person who is arrested on a charge of any offence shall be brought before the High Court, as soon as possible, to be dealt with according to law.
(6) Nothing in this section shall limit or affect the express provi­ sions of any enactment whereby— (a) The burden of proving the absence of reasonable or probable cause, or the absence of justiﬁcation, for any arrest is on any person: (b) Any person having, by virtue of his ofﬁce, a power of arrest without warrant is entitled, in any speciﬁed cir­ cumstances, to exercise that power without the produc­ tion of evidence of his appointment to that ofﬁce, or is required in exercising the power, to comply with any speciﬁed conditions or restrictions in addition to or in­ stead of producing evidence of his appointment.
Section 251A was inserted by section 24 Niue Amendment Act 1971.
252 Committal by District Court Judge for trial (1) When any person arrested with or without warrant under the foregoing provisions is brought before a District Court Judge, the District Court Judge may, after such preliminary inquiry (if any) as he thinks ﬁt, and after giving the prisoner an opportun­ ity of being heard, by warrant either discharge the prisoner, or commit him to prison to await trial by the High Court for the offence for which he was arrested, or admit him to bail, with or without sureties, conditioned to appear before the High Court in due course for trial for the offence.
(2) No such discharge by a District Court Judge shall amount to an acquittal so as to preclude the prosecution and trial of the accused in the High Court for the offence for which he was so arrested.

Compare: 1915 No 40 s 283 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).
106 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 255A Trial by the High Court 253 Information Every prosecution in the High Court for any offence shall be commenced by an information in writing laid by a constable or any other prosecutor before a Judge or the Registrar of that Court.
Compare: 1915 No 40 s 284; 1921 No 14 s 7(1) In its application to Tokelau, this section was modiﬁed by adding the words “or the Commissioner for Atafu or for Fakaofo or for Nukunonu” by regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/29) 254 Warrant or summons On the commencement of any such prosecution, any Judge of the High Court may, if he thinks ﬁt, unless the accused is al­ ready in custody, at any time and from time to time issue either a warrant for the arrest of the accused or a summons requir­ ing him to appear before the High Court at the time and place speciﬁed in the summons, there to answer the charge so made against him in the information and set out in the summons.
Compare: 1915 No 40 s 285; 1921 No 14 s 7(2) In its application to Tokelau, this section was modiﬁed by inserting after the words “Judge of the High Court”, the words “or the Commissioner for Atafu or for Fakaofo or for Nukunonu” by regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/279).

255 Warrant after issue of summons Any such warrant may be at any time issued by a Judge of the High Court, notwithstanding the fact that a summons has been already issued to the accused as aforesaid.
Compare: 1915 No 40 s 286 In its application to Tokelau, this section was modiﬁed by inserting after the words “High Court” the words “or the Commissioner for Atafu or for Fakaofo or for Nukunonu” by regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/279).
255A Arrested person may be released on bail by constable in certain cases (1) Where, under the provisions of subsection (1) of section 250 of this Act, any person is arrested without warrant by a constable or some other person on the grounds that the constable or other 107 Part 6 s 256 Niue Act 1966 Reprinted as at 3 September 2007 person suspects on reasonable grounds that the person arrested has committed any one or more of the following offences: (a) Wilful mischief to property; or (b) (c) (d) (e) (f) (g) Any offence against the provisions of subsection (2) of Resisting a constable in the execution of his ofﬁce; or Using profane, indecent, or obscene language; or Indecent behaviour; or Assault; or Fighting or drunkenness in a public place; or section 205 of this Act,— then, notwithstanding the provisions of subsection (2) of sec­ tion 250 of this Act, on the arrested person being brought be­ fore a constable in charge of any police station, the constable in charge of the police station may, in his discretion, release the arrested person on bail, with or without sureties, conditioned for the appearance of the arrested person before the High Court at such place and at such time (being not more than 3 clear days after the date of the arrest of the arrested person) as the con­ stable in charge of the police station speciﬁes.
Should the constable in charge of a police station not release any arrested person on bail in accordance with the provisions of subsection (1) of this section, the provisions of subsection (2) of section 250 of this Act shall apply to that person.

(3) Where any person who has been released on bail in accordance with the provisions of subsection (1) of this section appears before the High Court, then, on his appearance before the High Court, he shall be deemed to be in custody.
(2) (4) Nothing in subsection (1) of this section shall derogate from the provisions of section 257 of this Act.

Section 255A was inserted by section 8 Niue Amendment Act 1970.
256 Prisoners brought before Judge of High Court before commencement of prosecution (1) When any person charged with an offence is brought before a Judge of the High Court in custody, having been arrested with­ out warrant or on a warrant issued by a District Court Judge, the Judge may from time to time, unless a prosecution has been already commenced against the prisoner by information as aforesaid, either discharge the prisoner, or remand him in 108 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 259 custody pending the commencement of a prosecution, or re­ lease him on bail, with or without sureties, conditioned for his appearance before the High Court at such time and place as the Judge thinks ﬁt.
(2) No discharge under this section shall amount to an acquittal so as to preclude the prosecution or trial of the prisoner for the offence for which he has been so arrested.

Compare: 1915 No 40 s 287 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 its application to Tokelau, subsection (1) was modiﬁed by adding after the words “Judge of the High Court”, the words “or the Commissioner for Atafu or for Fakaofo or for Nukunonu”, and by inserting after the words “the Judge”, wherever they occur, the words “or the Commissioner, as the case may be”.

See regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/279).
257 Remand When any prosecution has been commenced in the High Court, the Court may from time to time either remand the accused in custody or admit him to bail, with or without sureties, condi­ tioned to appear before the High Court at any other time or place.
Compare: 1915 No 40 s 288 258 Trial of accused in his absence When any person who is prosecuted for an offence punishable by ﬁne only has been duly summoned to appear before the High Court and fails to appear in accordance with the sum­ mons, the Court may try and sentence him for that offence in his absence.
Compare: 1915 No 40 s 289 Assessors 259 Constitution of Court on criminal trials Every criminal trial in the High Court shall take place before one Judge of that Court sitting with or without assessors in accordance with the provisions of this Part of this Act.
Compare: 1915 No 40 s 290 109 Part 6 s 260 Niue Act 1966 Reprinted as at 3 September 2007 260 261 262 (1) (2) Judge with assessors On the trial of any person for any offence punishable by im­ prisonment for more than 5 years, the Judge shall sit with as­ sessors.

Compare: 1915 No 40 s 291 Judge without assessors On the trial of any person on an information charging him exclusively with an offence or offences punishable only by ﬁne, the Judge shall sit without assessors.
Compare: 1915 No 40 s 292 Judge with or without assessors as he thinks ﬁt In all other criminal trials, the Judge shall sit without assessors, unless the Court in its discretion orders otherwise, either on its own motion or on the application ex parte or otherwise of either the prosecutor or the accused.
If the Judge sits without assessors, he shall have no power to impose any term of imprisonment exceeding 12 months, what­ ever may be the maximum term of imprisonment otherwise provided by law for the offence.
Compare: 1915 No 40 s 293 263 Order appointing assessors Any such order may be made at any time after the commence­ ment of the prosecution, and whether before or during the trial; but, if made after any evidence has been heard at the trial, all such evidence shall, except so far as repeated before the Judge and assessors, be of no force or effect.
Compare: 1915 No 40 s 294 264 Number and qualiﬁcations of assessors (1) The assessors shall in all cases be 6 in number, and shall be such ﬁt and proper persons (whether men or women) as a Judge of the Court thinks ﬁt, subject to any rules of Court which may be made in that behalf, to appoint by warrant under his hand and the seal of the Court, and the consent of an asses­ sor shall not be requisite for his appointment.
110 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 266 (2) No person shall be appointed as an assessor unless he has ﬁrst been nominated by the Cabinet by warrant published in the Niue Island Gazette as a person qualiﬁed for appointment as an assessor under this Act, either generally or in respect of any particular case or class of cases; and the Cabinet may accord­ ingly from time to time nominate in this behalf such and so many persons as the Cabinet thinks qualiﬁed by reason of their character, education, ability, or reputation to hold that ofﬁce, and may at any time in like manner revoke any such nomin­ ation.
Compare: 1915 No 40 s 295; 1965 No 1 s 3(1) In subsection (2) the word “Cabinet”, wherever it occurs, was substituted for the word “Governor­General”, and the words “the Cabinet thinks” were sub­ stituted for the words “he thinks”, by section 2(1) of the Niue Amendment Act 1974.
In its application to Tokelau, subsection (2) was modiﬁed by substituting the words “under its hand” for the words “published in the Niue Island Gazette” by regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/279) 265 Default of assessors If any person so appointed as an assessor, and having had rea­ sonable notice of the time and place of the trial, fails without reasonable excuse duly to attend at the trial or at any adjourn­ ment thereof, or duly to make oath as such, or duly to act as assessor throughout the trial, he shall be guilty of contempt of the High Court.
Compare: 1915 No 40 s 296 266 Remuneration of assessors Every assessor shall be entitled to receive from the Niue Gov­ ernment Account such remuneration or allowances in respect of his services as may be authorised by the Judge at the trial in conformity with any rules of Court which may be made in that behalf.
Compare: 1915 No 40 s 297; 1957 No 103 s 95(1) The reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.

111 Part 6 s 267 Niue Act 1966 Reprinted as at 3 September 2007 267 Oath of assessors Before an assessor commences to act as such, he shall in open Court and in the presence of the accused make oath to act well and truly as assessor and to decide in accordance with the evi­ dence and with law.
Compare: 1915 No 40 s 298 268 Change of assessors At any time after the appointment of an assessor and before he has been sworn as aforesaid, a Judge of the Court may, either of his own motion or on the application ex parte or otherwise of the prosecutor or the accused, if he is satisﬁed there is any reasonable and sufﬁcient objection to that assessor, remove him and appoint another assessor in his place.
Compare: 1915 No 40 s 299 269 Discharge of assessors and new trial (1) If at any time after the commencement of the trial and before judgment the Judge is of opinion that, owing to the misbe­ haviour of any assessor, or to the death, illness, or absence of any assessor, or to any accident or misadventure, or to any other sufﬁcient cause, a new trial is necessary in the interests of justice, he may discharge the assessors and order a new trial accordingly.
Every such new trial shall take place before the same or an­ other Judge with assessors in the same manner as if no previ­ ous trial had taken place.

Compare: 1915 No 40 s 300 (2) 270 Concurrence of assessors On a trial with assessors, no person shall be convicted by the Judge of any offence, unless the conviction is concurred in by not less than 4 of the assessors.
Compare: 1915 No 40 s 301 112 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 275 271 Concurrence of Judge If the Judge is of opinion that the accused should not be con­ victed, or if fewer than 4 of the assessors concur in his convic­ tion, the accused shall be acquitted.

Compare: 1915 No 40 s 302 272 Sentence The concurrence of assessors in the sentence to be passed by the Judge shall not be necessary.
Compare: 1915 No 40 s 303 273 Concurrence of assessors not necessary except for conviction The concurrence of the assessors shall not be necessary for any other act of the Court or the Judge other than conviction, and in all other respects the jurisdiction of the Court shall be exercised by the Judge in the same manner as if he was sitting without assessors.
Compare: 1915 No 40 s 304 Miscellaneous provisions 274 Alternative and cumulative charges (1) Subject to the provisions of this section, in any prosecution in the High Court the information of the prosecutor may relate to 2 or more distinct offences, whether alternative or cumulative.

(2) No information for the offence of murder shall charge any other offence except manslaughter.
(3) No information for the offence of rape shall charge any other offence except indecent assault and an attempt to commit rape.

Compare: 1915 No 40 s 305 275 Relation between information and conviction On an information for any offence the accused may be con­ victed either of the offence charged in the information or of any offence which is included within the offence so charged and which might lawfully have been charged in the same in­ formation.
Compare: 1915 No 40 s 306 113 Part 6 s 276 Niue Act 1966 Reprinted as at 3 September 2007 276 Withdrawal of information (1) An information in the High Court for any offence may at any time, whether before or during the trial, be withdrawn by the prosecutor with the leave of a Judge of the Court, but not other­ wise.

(2) An information so laid and withdrawn shall not operate as a bar to any further proceedings against the accused in respect of the same offence.
Compare: 1915 No 40 s 307 In its application to Tokelau, this section was modiﬁed by inserting after the words “High Court” the words “or the Commissioner for Atafu or for Fakaofo or for Nukunonu” by regulation 2(2)(b) of the Tokelau Crime Regulations 1975 (SR 1975/279).
277 Drawing up of conviction (1) On the conviction of any person of any offence before the High Court, a minute or memorandum of the conviction shall there­ upon be drawn up and preserved as a record of the Court, and a formal conviction under the seal of the Court may be drawn up at any time afterwards when it becomes necessary.
In the meantime the conviction and sentence may be carried into execution, and shall have the same force and effect in every respect as if the conviction had been formally drawn up under the seal of the Court.
Compare: 1915 No 40 s 308 (2) 278 Defects of information, summons, or warrant (1) No objection shall be taken or allowed to any information, summons, or warrant in any criminal proceedings before the High Court for any alleged defect therein in substance or in form, or for any variance between the information, summons, or warrant and the evidence adduced at the trial.
The High Court may at any stage of the trial amend the infor­ mation in such manner as it thinks ﬁt in respect of any such defect or variance.
(2) (3) Where under subsection (2) of this section any information is amended by substituting one offence for another, the following provisions shall apply: 114 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 280 (a) (b) (c) Subject to the provisions of paragraphs (b) and (c) of this subsection, the trial shall be continued as if the ac­ cused had originally been charged with the substituted offence: Before the trial is continued, the substance of the infor­ mation as amended shall be stated to the accused and he shall be asked how he pleads; and, if he pleads guilty, the High Court may convict him or deal with him in any other manner authorised by law: Any evidence already given shall be deemed to have been given in and for the purposes of the trial of the in­ formation as amended, but either party shall have the right to examine or cross­examine or re­examine any witness whose evidence has already been given in re­ spect of the offence originally charged.
(4) The High Court may, at the request of the accused, if it is of opinion that he would be embarrassed in his defence by reason of any amendment made or proposed to be made under this section, adjourn the trial.
Compare: 1915 No 40 s 309 279 Payment of witnesses Any witness at a criminal trial may, if the Judge thinks ﬁt and certiﬁes accordingly, be paid out of the Niue Government Ac­ count such allowance for his expenses and loss of time as is so certiﬁed, subject to such rules of Court as may be made in that behalf.

Compare: 1915 No 40 s 310 The reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.
280 Court may order convicted person to come up for (1) sentence if called upon The Court, on convicting an accused person of an offence under any enactment, may, having regard to the circumstances, including the nature of the offence and the character of the of­ fender, instead of passing sentence, order the offender to ap­ pear for sentence if called upon to do so, on such conditions as 115 Part 6 s 281 Niue Act 1966 Reprinted as at 3 September 2007 (2) it thinks ﬁt, including, if the Court thinks ﬁt, a condition that the offender shall be subject to supervision for such period as the Court speciﬁes, not exceeding the period speciﬁed in or pursuant to subsection (3) of this section, by a person to be nominated from time to time by the Premier.
The making of an order under this section shall not limit or af­ fect the power of the Court, under any enactment applicable to the offence, to make any order for the payment of costs, dam­ ages, or compensation, or for the restitution of any property, notwithstanding that the offender is not sentenced on convic­ tion, and the provisions of every such enactment shall apply accordingly.
(3) Any person in respect of whom an order is made under this section may be called upon to appear for sentence within any period speciﬁed by the Court in the order, being a period not exceeding 3 years from the date of the conviction, or if no period is so speciﬁed, within one year from the date of the conviction.
(4) Where any person is brought up for sentence under this sec­ tion, the Court may, after inquiry into the circumstances of the case and the conduct of the offender since the order was made, sentence or otherwise deal with the offender for the offence in respect of which the order was made.
Compare: 1915 No 40 s 310A; 1962 No 40 s 9; 1964 No 70 s 57(1); 1965 No 1 s 3(3) In subsection (1) the word “Premier” was substituted for the words “Resident Commissioner” by section 2(1) of the Niue Amendment Act 1974.
281 Conviction without sentence or discharge without conviction If on any criminal trial the Court thinks that the charge, though proved, is in the particular case of so triﬂing a nature or was committed under such circumstances that no punishment should be imposed, the Court may convict the accused and discharge him without sentence, either unconditionally or on such conditions as the Court thinks ﬁt to impose.
If any person who is so convicted and discharged on conditions commits any breach of those conditions, he shall be guilty of (1) (2) 116 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 282 an offence punishable in the same manner as the offence of which he was so previously convicted.
(4) (3) Without limiting the powers conferred on the High Court by subsection (1) of this section, where any person is accused of any offence, the High Court, after inquiry into the circum­ stances of the case, may in its discretion discharge him with­ out convicting him, unless by any enactment applicable to the offence a minimum penalty is expressly provided for.

A dis­ charge under this subsection shall be deemed to be an acquittal.
The High Court, when discharging any person under subsec­ tion (3) of this section, may, if it is satisﬁed that the charge is proved against him, make any order for the payment of costs, damages, or compensation, or for the restitution of any prop­ erty, that it could have made under any enactment applicable to the offence with which he is charged if it had convicted him and sentenced him, and the provisions of every such enactment shall apply accordingly.
Compare: 1915 No 40 s 311 (2) 282 Bail (1) When any person is admitted to or released on bail under this Act or under any other enactment, he shall, with or without sureties, enter into a bail bond in favour of Her Majesty the Queen in such sum as may be required, conditioned in such manner as may be appropriate to the particular case and as may be required.
Every such bond shall be in a form from time to time pre­ scribed by the Chief Justice of the High Court, or, if no such form is prescribed by him, in any suitable form.

Every such bond shall be taken by and before a Judge of the High Court, a District Court Judge, or the Registrar of the High Court, or, where a person is released on bail pursuant to section 255A of this Act, by a constable in charge of the police station.
Every such bond shall be signed by the person admitted to or released on bail and by his sureties (if any) and the signature of that person and of each of his sureties (if any) shall be at­ tested by a Judge of the High Court, a District Court Judge, the Registrar of the High Court, or a constable.
(4) (3) 117 Part 6 s 282 Niue Act 1966 Reprinted as at 3 September 2007 (5) When any person is admitted to or released on bail, the Judge of the High Court, District Court Judge, or constable admitting or releasing him may require him to deposit with that Judge, District Court Judge, or constable or with the Registrar of the High Court a sum of money (being not greater than the amount of the recognisance entered into in the bond).
Any such sum so deposited with a Judge, District Court Judge, or constable shall, as soon as reasonably possible after the deposit, be paid by the person with whom it was deposited to the Registrar of the High Court.

(6) Where any person admitted to or released on bail has fully performed the conditions of his bond, the bond shall be void and any sum deposited by him pursuant to subsection (5) of this section shall be forthwith repaid to him but without any interest.
(8) (7) Where any person admitted to or released on bail fails to per­ form any condition of his bond, the Registrar of the High Court shall ﬁx a place and time at and on which the High Court may consider the estreat of the bond, and shall, not less than 7 clear days before the time ﬁxed, cause to be served on the person admitted or released on bail (if he can be found) and upon the sureties (if any) notice that, unless at the place and time ﬁxed some person bound by the bond proves to the satisfaction of the High Court that it ought not to be estreated, the bond may be estreated.
If at the time and place ﬁxed by the Registrar under subsec­ tion (7) of this section no sufﬁcient cause to the contrary is shown, the High Court, on proof of non­performance of the bond, may make an order to estreat the bond to such amount as it thinks ﬁt as to any person bound thereby upon whom notice is proved to have been served in accordance with subsection (7) of this section, and the whole or any part of any sum de­ posited under subsection (5) of this section may (but otherwise without prejudice to the rights of Her Majesty the Queen under the estreated bond) be forfeited accordingly to Her Majesty the Queen: Provided that, if the Court is satisﬁed that the person admitted to or released on bail cannot be found, it may estreat the bond 118 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 284 as against him, notwithstanding that the notice has not been served on him: Provided also that no bail bond shall be estreated save by a Judge of the Court.
(9) Any sum payable in connection with any estreated bond shall be recoverable as if it were a ﬁne.

(10) Where any person has been admitted to or released on bail, any surety under the bail bond entered into by that person may, at any time and at any place, without warrant arrest and seize that person while he is not in the custody of the law and deliver him into the custody of a constable and, on any such delivery, the surety shall cease to be liable under the bond.
Section 288 was substituted by section 9 Niue Amendment Act 1970.

In subsection (2) the reference to the Chief Justice of the High Court was substi­ tuted for a reference to the Chief Judge of the High Court by section 2(2)(g) of the Niue Amendment Act 1974.

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).
283 Stay of proceedings by Cabinet In any criminal prosecution, the Cabinet may direct a stay of proceedings, and the proceedings shall be stayed accordingly.

Compare: 1915 No 40 s 313 The word “Cabinet” was substituted for the word “Attorney­General” by sec­ tion 2(1) of the Niue Amendment Act 1974.
284 Search warrants (1) Any Judge of the High Court or District Court Judge who is satisﬁed on the oath of any person that there is reasonable ground for believing that there is in any building, ship, air­ craft, receptacle, or place— (a) Anything which there is reasonable ground to believe will afford evidence as to the commission of any of­ fence; or (b) Anything in respect of which any offence has been or is (c) suspected of having been committed; or Anything which there is reasonable ground for believ­ ing to be intended to be used for the purpose of commit­ ting any offence— 119 Part 6 s 284A Niue Act 1966 Reprinted as at 3 September 2007 may, by warrant under his hand, authorise some constable or other ofﬁcer of the Niue Public Service to search the building, ship, aircraft, receptacle, or place for any such thing, and to seize and bring it before the person by whom the warrant has been issued.
Every such warrant shall be executed by day (that is to say, after sunrise and before sunset), unless the warrant expressly authorises the execution thereof by night.

Every such warrant may be executed by reasonable force if necessary.
(2) (3) (4) When any such thing is seized and brought before the person by whom the warrant was issued, he may either order it to be detained for the purpose of evidence on the trial of any person for any such offence as aforesaid or may direct it to be delivered to any person believed by the person so issuing the warrant to be entitled thereto.

(5) No such order of delivery shall in any manner affect the right of any person to the ownership or possession of the thing.
(6) Any thing so ordered to be detained as evidence of an offence may be detained in pursuance of the order for such time as is reasonably necessary for the purpose of any proceedings instituted or to be instituted in respect of the offence.

Compare: 1915 No 40 s 314 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).
284A Power to enter premises to arrest offender or prevent offence (1) Where any constable is authorised by this Act or by any other enactment to arrest any person without warrant, that constable, and all persons whom he calls to his assistance, may enter on any premises, by reasonable force if necessary, to arrest that person if the constable— (a) Has found that person committing treason (as deﬁned in section 73 of the Crimes Act 1961) or any offence punishable by imprisonment and is freshly pursuing that person; or 120 Reprinted as at 3 September 2007 Niue Act 1966 Part 6 s 286 (b) Has good cause to suspect that that person has commit­ ted any such offence on those premises.
(2) Any constable, and all persons whom he calls to his assistance, may enter on any premises, by reasonable force if necessary, to prevent the commission of any offence that would be likely to cause immediate and serious injury to any person or property, if he believes, on reasonable and probable grounds, that any such offence is about to be committed.
If, in any case to which this section applies, the constable is not in uniform and any person in actual occupation of the premises requires him to produce evidence of his authority, he shall be­ fore entering on the premises produce his badge or other evi­ dence that he is a constable.

(3) (4) Nothing in this section shall affect in any way the power of any constable to enter any premises pursuant to a warrant.

Section 284A was inserted by section 25 Niue Amendment Act 1971.
285 Transmission of certain warrants and orders by telegram (1) Where, as a result of the exercise by the Governor­General of the prerogative of mercy of the Crown or of a judgment by the Court of Appeal of New Zealand on an appeal from the High Court or of a judgment of the Privy Council on an appeal from the Court of Appeal of New Zealand, any person held in custody in Niue is entitled to be released from custody, the warrant signed by the Governor­General or, as the case may be, the order of the Court of Appeal or of the Privy Council may be transmitted to Niue by telegram, and the telegraphic copy shall be sufﬁcient authority to all persons concerned to release that person accordingly.
In this section the term telegram includes a radiogram, a ca­ blegram, and any similar means of communication.

Compare: 1915 No 40 s 314A; 1956 No 27 s 8 In subsection (1) the words “Court of Appeal”, wherever they occur, were sub­ stituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.
(2) 286 Pardon and remission of sentence (1) When any person has been convicted of an offence by the High Court, whether before or after the commencement of this Act, 121 Part 6 s 286 Niue Act 1966 Reprinted as at 3 September 2007 the Governor­General, by warrant signed by him, may pardon the offender, or may remit any portion of a sentence of im­ prisonment passed upon the offender or any portion of a ﬁne imposed upon him.
In the case of an offender sentenced to imprisonment for a term of less than one year or to pay a ﬁne not exceeding $100, the Cabinet may exercise the like powers of pardon or remission.

In the case of an offender sentenced to imprisonment for a term of one year or more, the Cabinet may, if the conduct and industry of the offender have been satisfactory, remit not more than one­fourth of the sentence.
(2) (3) (4) Any such pardon or remission may be made subject to such conditions as the Governor­General or, as the case may be, the Cabinet thinks ﬁt, including in the case of the remission of part of the sentence of an offender undergoing a sentence of imprisonment, if the Governor­General or the Cabinet, as the case may be, thinks ﬁt, a condition that, until a date speciﬁed by the Governor­General or the Cabinet, as the case may be, (being, in the case of an offender undergoing a sentence of life imprisonment, such date as the Governor­General 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 Premier, and shall comply with the directions of that person with respect to such matters as the Governor­General or the Cabinet, as the case may be, speciﬁes.
For the purposes of this section, cumulative terms of impris­ onment shall be treated as one term.

The Governor­General may in like manner pardon any of­ fender who has given evidence which leads to the conviction of an accomplice.
(5) (6) (7) Where any person is granted a free pardon under this section, that person shall be deemed never to have committed the of­ fence: Provided that the granting of a free pardon shall not affect any­ thing lawfully done or the consequences of anything unlaw­ fully done before it is granted.

122 Reprinted as at 3 September 2007 Niue Act 1966 Part 7 s 288 (8) Nothing in this section shall affect the prerogative of mercy.
Compare: 1915 No 40 s 314B; 1965 No 1 s 3; 1965 No 56 s 2 In subsections (2) and (3) the word “Cabinet” was substituted for the words “Resident Commissioner, with the concurrence of the Executive Committee of Niue” by section 2(1) of the Niue Amendment Act 1974.
In subsection (4) the word “Cabinet” was substituted for the words “Resident Commissioner” with such concurrence as aforesaid, and the words “or the Cab­ inet, as the case may be”, wherever they occur, were substituted for the words “the Resident Commissioner, as the case may be”, and the words “by the Pre­ mier” were substituted for the words “by the Resident Commissioner” by sec­ tion 2(1) of the Niue Amendment Act 1974.
287 Compensation for loss of property (1) On the conviction of any person for any offence, the High Court may order the offender to pay to any person such sum as it thinks ﬁt by way of compensation for any loss of or damage to property suffered by that person through or by means of the offence.

(2) Where on the arrest of the offender any money was taken from him, the High Court may in its discretion order the whole or any part of the money to be applied to any such payment.
(3) Any order for payment under this section may be enforced in the same manner as a ﬁne.

(4) An order under this section shall not affect the right of any person to recover by civil proceedings any sum in excess of the amount recovered under the order.
Part 7 Law of evidence 288 Deﬁnitions In this Part of this Act, unless the context otherwise requires,— Court includes any person acting in any judicial capacity or having by law or by consent of parties authority to hear, re­ ceive, and examine evidence Proceedings includes any action, trial, inquiry, cause, or mat­ ter, whether civil or criminal, depending or to be inquired of or determined in or by any Court.
Compare: 1915 No 40 s 315 123 Part 7 s 289 Niue Act 1966 Reprinted as at 3 September 2007 289 Discretionary power of admitting or rejecting evidence (1) Subject to the provisions of this Act, a Court may in any pro­ ceedings admit and receive such evidence as it thinks ﬁt, and accept and act on such evidence as it thinks sufﬁcient, whether that evidence is or is not admissible or sufﬁcient at common law.
(2) A Court may in any proceedings refuse to receive any evi­ dence, whether admissible or not at common law, which it considers irrelevant, or needless, or unsatisfactory as being hearsay or other secondary evidence.

Compare: 1915 No 40 ss 316, 317 290 All witnesses competent Subject to the provisions of this Part of this Act, no witness in any proceedings shall be deemed incompetent by reason of interest or on any other ground whatever.
Compare: 1915 No 40 s 318 291 Evidence of parties and their husbands and wives In any civil proceedings the parties thereto, and the persons on whose behalf the proceedings are brought or defended, and the husbands and wives of those parties or persons respectively, shall be competent and compellable to give evidence on behalf of either or any of the parties to the proceedings.
Compare: 1915 No 40 s 319 292 Evidence of accused persons and their husbands and wives Every person charged with any offence shall be a competent but (except where the contrary is expressly provided by any enactment) not a compellable witness upon his trial for that offence.
The wife or husband of any person charged with an offence shall be a competent witness on the trial of that person, but shall not be a compellable witness, except in the following cases: (a) When called as a witness by the accused: (1) (2) 124 Reprinted as at 3 September 2007 Niue Act 1966 Part 7 s 295 (3) (b) When the offence of which the accused is charged is an offence against the wife or husband of the accused or against a child of the accused.
If any witness who under this section is competent but not compellable gives evidence on any such trial, he shall be li­ able to cross­examination in the same manner as if he were a compellable witness, whether the matter on which he is so cross­examined arises out of his examination in chief or not.
Compare: 1915 No 40 s 320 293 Cross­examination as to credit In any proceedings the Court may limit in any manner and to any extent which it thinks ﬁt the cross­examination of any witness as to credit, and shall refuse to permit any such cross­ examination which is needlessly offensive or injurious to the witness, having regard to the nature or gravity of the imputa­ tions made against him, to the importance of his evidence, and to the effect of those imputations upon his credibility.
Compare: 1915 No 40 s 321 294 Criminating questions Nothing in this Part of this Act shall take away or affect the privilege of any witness to refuse to answer any question which may tend to criminate him.
Compare: 1915 No 40 s 322 295 Evidence of prisoners (1) On application made in that behalf by any person who states on oath that any prisoner can give material evidence in any proceedings in any Court, a Judge of the High Court may, by order under his hand, require the prisoner to be brought up for examination as a witness in the proceedings.
In every such case the Judge may, before making such an order, require the applicant to deposit a sum sufﬁcient to pay the ex­ pense of bringing up the prisoner, maintaining him while out of prison, and returning him thither, including the expense of his custody in the meantime.
Compare: 1915 No 40 s 323 (2) 125 Part 7 s 296 Niue Act 1966 Reprinted as at 3 September 2007 296 297 Judicial notice of Acts, etc In all proceedings the Court shall take judicial notice of all Acts of the Niue Assembly or of the Parliament of New Zealand, Orders in Council, regulations, Proclamations, and laws in force in Niue, including Niuean custom so far as it has the force of law under this Act.
Compare: 1915 No 40 s 324; 1965 No 1 s 3(1) The words in square brackets were inserted by section 2(1) of the Niue Amend­ ment Act 1974.

The word “Ordinances” has been omitted as otiose.

In its application to Tokelau, this section was modiﬁed by substituting the word “enactments” for the words “Acts, Acts of the Niue Assembly, Order in Coun­ cil, regulations, Proclamations” by regulation 2(2)(b) of the Tokelau Crimes Regulations 1975 (SR 1975/279).
This regulation did not take into account the words inserted by section 2(1) of the Niue Amendment Act 1974.

See the word­ ing of this section as now so amended.
Judicial notice of seals, etc In every proceeding the Court shall take judicial notice of the Seal of Niue and of the seal of any Court, ofﬁcer, or other per­ son authorised or required by law to use any such seal, and of the signature of any Judge or any ofﬁcer, whether judicial or not, of the Niue Public Service, and of the Public Seal of New Zealand, and of the signature of the Governor­General or of any member of the Executive Council of New Zealand, or of the Attorney­General or Solicitor­General of New Zealand, and of the signature of any Judge of the High Court of New Zealand, and of the seal of that Court or of any Registrar thereof.
Compare: 1915 No 40 s 325; 1957 No 103 s 95(1) 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).

298 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 instead of an oath.
Compare: 1915 No 40 s 326 126 Reprinted as at 3 September 2007 299 Form of oath Niue Act 1966 Part 7 s 302 Except when the person making the oath consents to any other form of oath, an oath shall, whether in judicial or other pro­ ceedings, be made in the following form: • The ofﬁcer administering the oath shall address to the person making the oath the following words: “Do you swear by Almighty God that the evidence you are about to give touching the matter now before the Court shall be the truth, the whole truth, and nothing but the truth?”, or words to the like effect, and the person making the oath shall thereupon, while holding in his hand a copy of the Bible, Old Testament, or New Testament, indicate his assent to the oath so administered by uttering the words “I do”, or other words to the like effect.
Compare: 1915 No 40 ss 327, 328 300 Absence of religious belief Where an oath has been duly made, the fact that the person making it had at the time of making it no religious belief shall not for any purpose affect the validity of the oath.
Compare: 1915 No 40 s 329 301 Afﬁrmation may be made instead of oath 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 that afﬁrmation shall be of the same force and effect as an oath.
Compare: 1915 No 40 s 330(1) 302 Form of afﬁrmation The ofﬁcer administering an afﬁrmation shall address to the person making the afﬁrmation the following words: “Do you solemnly, sincerely, and truly declare and afﬁrm that the evi­ dence you are about to give touching the matter before the Court shall be the truth, the whole truth, and nothing but the truth?”, or words to the like effect, and the person making the afﬁrmation shall thereupon indicate his assent to the afﬁrm­ 127 Part 7 s 303 Niue Act 1966 Reprinted as at 3 September 2007 ation so administered by uttering the words “I do”, or other words to the like effect.
Compare: 1915 No 40 s 330(2) 303 Evidence of children without oath In any proceedings 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 that 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 a declaration shall be of the same force and effect as if the witness had taken an oath.
Compare: 1915 No 40 s 331 304 Necessity of oath Subject to the provisions of this Act, all witnesses in any judi­ cial proceedings, civil or criminal, shall be examined on oath.
Compare: 1915 No 40 s 332 Part 8 Extradition Extradition from Niue to New Zealand or to the Cook Islands 305 Arrest in Niue of fugitive offenders from New Zealand or the Cook Islands When a warrant has been lawfully issued by any competent authority in New Zealand or in the Cook Islands for the arrest of any person and that person is suspected of being in Niue or of being about to come into Niue, a Judge of the High Court may, if he is satisﬁed in any manner that the warrant has been issued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in Niue, and that war­ rant shall be addressed to such person or persons as the Judge thinks ﬁt.
Compare: 1915 No 40 s 333 128 Reprinted as at 3 September 2007 Niue Act 1966 Part 8 s 309 306 Order of return to New Zealand or to the Cook Islands On the arrest of any person in pursuance of a warrant so issued 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 or in the Cook Islands, order the return of that person to New Zealand or to the Cook Islands, as the case may be.
Compare: 1915 No 40 s 334 307 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 or to the circumstances of the case, the Court is of opinion that the return of that person to New Zealand or to the Cook Islands would be the cause of undue hardship or would otherwise be unjustiﬁable or inexpe­ dient.
Compare: 1915 No 40 s 335 308 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 or to the Cook Islands, 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.
Compare: 1915 No 40 s 336 309 Release on security instead of return (1) Instead of making such an order of return, the High Court may release that person on bail conditioned for the payment of such sum or sums of money or the performance of such conditions with relation to the matters in respect of which the original warrant was issued in New Zealand or the Cook Islands as the High Court thinks ﬁt.
(2) On any breach of the conditions on which that person has been so released, he may be again arrested in Niue under a warrant issued by a Judge of the High Court, and an order for his return to New Zealand or to the Cook Islands may be made in the same manner as if he had not been so released.
Compare: 1915 No 40 s 337 129 Part 8 s 310 Niue Act 1966 Reprinted as at 3 September 2007 310 Return to New Zealand or to the Cook Islands in custody Any person against whom an order of return to New Zealand or to the Cook Islands has been so made shall, so soon as practicable thereafter, be taken from Niue to New Zealand or to the Cook Islands, as the case may be, in the custody of such person as a Judge of the High Court may approve, and, in the case of a person against whom an order of return to New Zealand has been made, shall on arrival in New Zealand be there delivered into the custody of a constable, 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.
Compare: 1915 No 40 s 338 311 Cancellation of order of return If any person so ordered to be returned to New Zealand or to the Cook Islands is not returned in accordance with the order within a reasonable time after the making thereof, the High Court may cancel the order.
Compare: 1915 No 40 s 339 Extradition from New Zealand to Niue 312 Arrest in New Zealand of fugitive offenders from Niue When a warrant has been lawfully issued by any competent au­ thority in Niue for the arrest of any person, and that person is suspected of being in New Zealand or of being about to come into New Zealand, a District Court Judge in New Zealand may, if he is satisﬁed in any manner that the 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 New Zealand, and that warrant shall be addressed to such person or persons as the District Court Judge thinks ﬁt.
Compare: 1915 No 40 s 340 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).

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).
130 Reprinted as at 3 September 2007 Niue Act 1966 Part 8 s 316 313 Order of return to Niue On the arrest of any person in pursuance of any warrant so is­ sued 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 Niue, order the return of that person to Niue.
Compare: 1915 No 40 s 341 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).

314 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 Niue, and may receive such evidence as he thinks ﬁt, whether legally admissible in other proceedings or not.
Compare: 1915 No 40 s 342 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).
315 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 or to the circum­ stances of the case, the District Court Judge is of opinion that the return of that person to Niue would be the cause of undue hardship or would otherwise be unjustiﬁable or inexpedient.
Compare: 1915 No 40 s 343 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).

316 Imprisonment or release pending return Pending the making of any such order of return, or pending the return of any such person to Niue, 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.
Compare: 1915 No 40 s 344; 1950 No 92 s 15 131 Part 8 s 317 Niue Act 1966 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).
317 Release on security instead of return (1) Instead of making such an order of return, the District Court Judge may release that 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 Niue as the District Court Judge thinks ﬁt.
(2) On any breach of the conditions on which that 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 Niue may be made in the same manner as if he had not been so released.

Compare: 1915 No 40 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).
318 Return to Niue in custody Any person against whom an order of return to Niue has been so made shall, so soon as practicable thereafter, be taken from New Zealand to Niue in the custody of such person as a Dis­ trict Court Judge may approve, and shall on arrival in Niue be there delivered into lawful custody, to be dealt with in the same manner as if he had been arrested in Niue in pursuance of the original warrant issued there for his arrest.
Compare: 1915 No 40 s 346 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).

319 Cancellation of order of return If any person so ordered to be returned to Niue 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.
Compare: 1915 No 40 s 347 132 Reprinted as at 3 September 2007 Niue Act 1966 Part 8 s 320 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).
Application of Extradition Act to Niue 320 Extradition Act in force in Niue (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 Niue.
In the application of the Extradition Act 1965 to Niue, unless the context otherwise requires,— (a) (2) (b) (c) (d) (e) (f) Every reference in that Act to New Zealand shall be read as a reference to Niue: 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 Niue or a Judge of that Court: Every reference in that Act to the Minister of Justice shall be read as a reference to the Minister of Justice acting with the concurrence of the Minister of Foreign Affairs: 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 Niue: 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 228, 229, 232, 235, and 237 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 133 Part 9 s 321 Niue Act 1966 Reprinted as at 3 September 2007 (g) (h) Act
 1969 shall be read as references to sections 617 and 619 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 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 616, 618, and 619 of this Act.
Compare: 1915 No 40 s 349A; 1965 No 44 s 18(1) In subsection (2)(c) the reference to the Minister of Foreign Affairs was substi­ tuted for a reference to the Minister of Island Affairs (as amended by section 8(2) of the Maori and Island Affairs Department Act 1968) by section 2(4)(a) of the Niue Amendment Act (No 2) 1974.
In subsection (2)(f) the words in square brackets were substituted for the words “to sections 31 and 38 of the Mental Health Act 1911” by section 5(3)(a) of the Criminal Justice Amendment Act 1969.

In subsection (2)(h) the words in square brackets were substituted for the words “to sections 32, 34, and 35 of the Mental Health Act 1911” by section 5(3)(b) of the Criminal Justice Amendment Act 1969.
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).

Part 9 Crown suits 321 Crown proceedings in Niue (1) Subject to this Act, the Crown Proceedings Act 1950, so far as it is applicable, shall extend to and be in force in Niue.
In the application of the Crown Proceedings Act 1950 to Niue, unless the context otherwise requires,— (a) 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 Niue: (2) 134 Reprinted as at 3 September 2007 Niue Act 1966 Part 9 s 321 (b) (c) (d) (e) (f) (g) (h) Every reference in that Act to New Zealand shall be construed as a reference to Niue: Every reference in that Act to any Court shall be con­ strued as including a reference to the High Court of Niue and to the Land Court of Niue: 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 Niue, as including a reference to any servant of Her Majesty in respect of the Govern­ ment of Niue and as not including any Judge or any 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 Niue, as a reference to the Cabinet of Ministers: Every reference in that Act to the Solicitor­General shall be construed, in relation to Her Majesty in respect of the Government of Niue, as including a reference to the Registrar of the High Court of Niue: 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 Niue, as a reference to the High Court of Niue: The reference in subsection (3) of section 24 of that Act to the Governor­General shall be construed, in relation to Her Majesty in respect of the Government of Niue, as a reference to the Cabinet of Ministers; and all money payable under that subsection shall be payable out of the Niue Government Account.
(3) (4) 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 Niue.

Civil proceedings to which Her Majesty is a party or third party in respect of the Government of Niue shall be conducted on be­ half of Her Majesty by such person as the Cabinet of Ministers may appoint for the conduct thereof.
Compare: 1915 No 40 s 350; 1950 No 54 s 32(1); 1957 No 103 s 95(1); 1965 No 1 s 3(1) 135 Part 9 s 322 Niue Act 1966 Reprinted as at 3 September 2007 In subsection (2)(d) the words “the Resident Commissioner of Niue and” were omitted, and the word “Commissioner” was substituted for the words “other commissioner”, by section 2(1) of the Niue Amendment Act 1974.
In subsection (2)(e) and (h), and (4) the references to the Cabinet of Minis­ ters were substituted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.

In subsection (2)(h) the reference to the Niue Government Account was substi­ tuted for a reference to the Niue Assembly Account by section 2(2)(f) of that Act.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Section 322 was repealed by section 2(1) of the Niue Amendment Act 1974.

Part 10 Crown land Section 323 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 324 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 325 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 326 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 327 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 328 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 329 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 330 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

322 323 324 325 326 327 328 329 330 136 331 332 333 334 335 336 337 338 339 340 341 342 Reprinted as at 3 September 2007 Niue Act 1966 Part 11 s 342 Section 331 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 332 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 333 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 334 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Part 11 The Land Court of Niue Section 335 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 336 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 337 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 338 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 339 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 340 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 341 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 342 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
137 Part 11 s 343 Niue Act 1966 Reprinted as at 3 September 2007 Section 343 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 344 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 345 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 346 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 347 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 348 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 349 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 350 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 351 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 352 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 353 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 354 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 355 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

343 344 345 346 347 348 349 350 351 352 353 354 355 138 356 357 358 359 360 361 362 363 364 365 366 367 368 Reprinted as at 3 September 2007 Niue Act 1966 Part 11 s 368 Section 356 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 357 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 358 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 359 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 360 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 361 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 362 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 363 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 364 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 365 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 366 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 367 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 368 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
139 Part 11 s 369 Niue Act 1966 Reprinted as at 3 September 2007 Section 369 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 370 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 371 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 372 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 373 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 374 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 375 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 376 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 377 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 378 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 379 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 380 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 381 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

369 370 371 372 373 374 375 376 377 378 379 380 381 140 382 383 384 385 386 387 388 389 390 391 392 393 Reprinted as at 3 September 2007 Niue Act 1966 Part 12 s 393 Section 382 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 383 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 384 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 385 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Part 12 The Land Appellate Court of Niue Section 386 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 387 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 388 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 389 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 390 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 391 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 392 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 393 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
141 Part 12 s 394 Niue Act 1966 Reprinted as at 3 September 2007 Section 394 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 395 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 396 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 397 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 398 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 399 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 400 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 401 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 402 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 403 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 404 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Part 13 Customary land Section 405 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

394 395 396 397 398 399 400 401 402 403 404 405 142 406 407 408 409 410 411 412 413 414 415 416 417 Reprinted as at 3 September 2007 Niue Act 1966 Part 14 s 417 Section 406 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 407 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 408 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 409 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 410 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 411 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 412 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 413 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 414 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Part 14 Partition and exchange of Niuean land Section 415 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 416 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 417 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

143 Part 14 s 418 Niue Act 1966 Reprinted as at 3 September 2007 Section 418 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 419 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 420 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 421 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 422 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 423 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 424 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 425 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 426 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 427 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 428 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 429 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 430 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
418 419 420 421 422 423 424 425 426 427 428 429 430 144 Reprinted as at 3 September 2007 Niue Act 1966 Part 15 s 443 Part 15 Alienation of Niuean land Section 431 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 432 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 433 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 434 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 435 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 436 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 437 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 438 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 439 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 440 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 441 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 442 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 443 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

145 431 432 433 434 435 436 437 438 439 440 441 442 443 Part 15 s 444 Niue Act 1966 Reprinted as at 3 September 2007 Section 444 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 445 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 446 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 447 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 448 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 449 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 450 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 451 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 452 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 453 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 454 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 455 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 456 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
444 445 446 447 448 449 450 451 452 453 454 455 456 146 Reprinted as at 3 September 2007 Niue Act 1966 Part 16 s 461 457 458 459 460 Section 457 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 458 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 459 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 460 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Part 16 Land development 461 Application of this Part (1) (2) The Land Court may, with the consent of the Leveki Man­ gafaoa or a majority of the owners, by order declare that any Niuean land shall be subject to the provisions of this Part of this Act for such period as may be deﬁned in the order, and the period ﬁxed by the order may be extended by the Court from time to time.
The Land Court may by order direct that any land shall be no longer subject to the provisions of this Part of this Act, and thereupon the Cabinet of Ministers shall cease to have any right of control in respect thereof, but without releasing the land or any of the parties from any antecedent liability incurred to or by the Cabinet of Ministers; and the Cabinet of Minis­ ters may, notwithstanding the order of the Court, continue to exercise the Cabinet’s powers of creation and enforcement of charges hereunder so long as any such liability remains.
Compare: 1946 No 40 s 54; 1965 No 1 s 3(2) Subsection (1), the words “the Leveki Mangafaoa or” were inserted, and the words “Niuean land” were substituted for the words “land owned by Niueans”, by section 102(1) of the Niue Amendment Act (No 2) 1968.
In subsection (2) the references to the Cabinet of Ministers, wherever they occur, were substituted for references to the Resident Commissioner by sec­ tion 2(2)(c) of the Niue Amendment Act 1974, and the words “the Cabinet’s powers” were substituted for the words “his powers” by section 2(1) of that Act.
147 Part 16 s 462 Niue Act 1966 Reprinted as at 3 September 2007 462 Cabinet of Ministers may cultivate land on behalf of owners (1) Where any land has been declared by the Land Court to be subject to the provisions of this Part of this Act, the Cabinet of Ministers may, subject to any lease, licence, or other alien­ ation to which the land is subject, cultivate, use, and manage the whole or any part or parts of the land, and may carry on any agricultural business or any other business or occupation connected with the land and the produce thereof on behalf of and for the beneﬁt of the Leveki Mangafaoa or the owners or such Niueans as may be interested in the business carried on.
For the purpose of any such business, the Cabinet of Ministers may— (a) (2) Purchase or otherwise acquire implements or other per­ sonal property as the Cabinet thinks expedient, and may also sell or otherwise dispose of all crops or other per­ sonal property acquired, held, grown, or produced by the Cabinet of Ministers in the course of the business: Provide, erect, maintain, and equip stores, factories, sheds, ofﬁces, or buildings of any kind: Do all other things reasonably necessary for the devel­ opment and operation of the business, and for the im­ provement of the land.
(b) (c) Subject to the control of the Commission, the Cabinet of Min­ isters may employ all such servants or agents as the Cabinet thinks necessary, at such remuneration as the Cabinet thinks ﬁt.
The Cabinet of Ministers may enter into an agreement in writ­ ing with any Leveki Mangafaoa for farming, or farming on shares, or cropping on shares with reference to any land being administered or dealt with under this Part of this Act, for such period and upon such conditions as to remuneration or other­ wise as the Cabinet of Ministers thinks ﬁt.
Any such agree­ ment shall be in the name of the Cabinet of Ministers, and shall be as effective as if the Cabinet were the legal owner of the land mentioned therein.
The Cabinet of Ministers may retain any part of the revenue derived from the operation of any business as a reserve fund for expenditure in the management of the business, and may (3) (4) (5) 148 Reprinted as at 3 September 2007 Niue Act 1966 Part 16 s 462 (6) (7) (8) from time to time, as the Cabinet thinks ﬁt, either expend the reserve fund accordingly or may apply it or any part of it in any other manner in accordance with this Part of this Act.
The Cabinet of Ministers may from time to time expend such sum or sums as the Cabinet considers expedient for the pur­ poses of carrying on any business.
The Cabinet of Ministers shall be entitled to make a reason­ able charge for administration, and all expenses and liabilities (including administration expenses) incurred by the Cabinet of Ministers in the conduct of any business shall be a charge upon the revenue received by the Cabinet from the business as well as upon the lands whereon the business is conducted.
The Cabinet of Ministers may make advances to the Leveki Mangafaoa or any Niuean beneﬁciary in respect of the Cab­ inet’s share or interest in the proﬁts of the business, either by way of anticipation or otherwise.

(9) All sums of money advanced by the Cabinet of Ministers, whether on account of the business generally or to the Lev­ eki Mangafaoa or any owner, shall constitute a charge upon the land and shall bear interest at such rate as the Cabinet of Ministers shall from time to time determine.
The Land Court may make separate orders evidencing any charge in respect of different pieces of land or in respect of different parts of or interests in any piece of land, and for that purpose may appor­ tion, in such manner and in such proportions as it thinks just and equitable, any money secured or proposed to be secured by any charge.
(10) The provisions of any Act of the Niue Assembly or other en­ actment prohibiting the assignment of rents or proﬁts shall ap­ ply to all advances or other money which are or may become payable to the Leveki Mangafaoa or any owner in respect of his share or interest in the proﬁts of the business.
No person other than the Leveki Mangafaoa or a Niuean beneﬁciary shall be capable of acquiring any beneﬁcial interest except by will or by order of the Land Court in any crops or chattels held by the Cabinet of Ministers or in any revenue derived or to arise therefrom, nor shall the interest of the Leveki Mangafaoa or the beneﬁcial interest of any Niuean beneﬁciary be liable 149 Part 16 s 463 Niue Act 1966 Reprinted as at 3 September 2007 to be taken in execution or attached or become assets in the bankruptcy of a Niuean beneﬁciary.
(11) Nothing in any Act of the Niue Assembly prohibiting alien­ ation by way of security shall apply to any land that is subject to the provisions of this Part of this Act.

Compare: 1946 No 30 s 55; 1965 No 1 s 3(2) In subsections (1) to (10), the references to the Cabinet of Ministers, wherever they occur, were substituted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.
In subsections (1) and (8): The words “the Leveki Mangafaoa or” were inserted by section 102(1) of the Niue Amendment Act (No 2) 1968.

Subsections (2)(a), (3), and (5): The words “the Cabinet thinks”, wherever they occur, were substituted for the words “he thinks” by section 2(1) of the Niue Amendment Act 1974.

Subsection (4) was substituted by section 10(1) of the Niue Amendment Act 1970.
The words “as if the Cabinet were” were substituted for the words “as if he were” by section 2(1) of the Niue Amendment Act 1974.

Subsection (6): The words “the Cabinet considers” were substituted for the words “he considers” by section 2(1) of the Niue Amendment Act 1974.

Subsection (7): The words “received by the Cabinet” were substituted for the words “received by him” by section 2(1) of the Niue Amendment Act 1974.
Subsection (8): The words “The Cabinet’s share” were substituted for the words “his share” by section 2(1) of the Niue Amendment Act 1974.

Subsection (9) the words “the Leveki Mangafaoa or any owner” were substi­ tuted for the words “a beneﬁcial or other owner” by section 102(1) of the Niue Amendment Act (No 2) 1968.

Subsection (10) was substituted by section 102(1) of the Niue Amendment Act (No 2) 1968.
The reference to any Act of the Niue Assembly was substituted for a reference to any Ordinance by section 2(2)(e) of the Niue Amendment Act 1974.
Subsection (11): The words “any Act of the Niue Assembly prohibiting alien­ ation by way of security” (the reference to any Act of the Niue Assembly be­ ing substituted for a reference to any Ordinance by section 2(2)(e) of the Niue Amendment Act 1974) were substituted for the words “section 437 of this Act (prohibiting alienation by way of security)” by section 102(1) of the Niue Amendment Act (No 2) 1968.
463 Disposal of revenues received by Cabinet of Ministers All revenues received by the Cabinet of Ministers from any land subject to this Part of this Act or from any business carried on under this Part shall from time to time be applied as follows: In defraying the cost of the administration of the land or (a) business: 150 Reprinted as at 3 September 2007 Niue Act 1966 Part 16 s 465 (b) (c) (d) (e) (f) In paying all rates, taxes, and other assessments and outgoings payable by the Cabinet of Ministers in respect of the land or business: In the discharge, to such extent as may be required or as the Cabinet of Ministers thinks ﬁt, of any mortgage, charge, encumbrance, or liability to which the land or business is subject: In payment of sums (if any) set apart to meet any charge for improvements made upon the land: For any other purposes in connection with the adminis­ tration, improvement, and settlement of the land from which the revenues are derived, or for any other pur­ poses of general utility to the Leveki Mangafaoa or the Niuean owners of that land: In paying at the times and in the manner prescribed the residue of the revenues to the Leveki Mangafaoa or the Niuean owners or other persons having any estate or interest in the land or business in accordance with their respective interests.
Compare: 1946 No 30 s 46; 1965 No 1 s 3(2) The references to the Cabinet of Ministers, wherever they occur, were substi­ tuted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.

In paras (e) and (f) the words “the Leveki Mangafaoa or” were inserted by section 102(1) of the Niue Amendment Act (No 2) 1968.
464 Money to be paid out of or into Niue Government Account (1) All money expended or advanced by the Cabinet of Ministers under this Part of this Act shall be paid out of the Niue Gov­ ernment Account.

(2) All money received by the Cabinet of Ministers under this Part of this Act shall be paid into the Niue Government Account.
Compare: 1946 No 30 s 57; 1957 No 103 s 95(2); 1965 No 1 s 3(2) In subsection (1) and (2) the references to the Cabinet of Ministers were sub­ stituted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974, and the references to the Niue Government Ac­ count were substituted for references to the Niue Assembly Account by section 2(2)(f) of that Act.

465 Section 465 was repealed by section 2(1) of the Niue Amendment Act 1974.
151 Part 16 s 466 Niue Act 1966 Reprinted as at 3 September 2007 466 (1) (2) Interference and obstruction prohibited Except with the consent of the Cabinet of Ministers, no person shall be entitled to exercise any rights of ownership in respect of any land that is subject to this Part of this Act.
Every person is liable to imprisonment for a term not exceed­ ing 3 months or to a ﬁne not exceeding $40 who— (a) Wilfully trespasses on any such land, and neglects or refuses to leave the land after being warned to do so by any person authorised in that behalf by the Cabinet of Ministers: (b) Wilfully obstructs, hinders, or delays any ofﬁcer, ser­ vant, or workman in the performance or intended per­ formance of his duties under this Part of this Act, or otherwise obstructs or interferes with the carrying out of any works under this Part of this Act.
(3) In any proceedings for an offence against this section in respect of any land, the fact that the defendant has an interest in the land shall not be a defence.

(4) No proceedings shall be commenced under this section except with the consent of the Cabinet of Ministers.

Compare: 1946 No 30 s 59; 1965 No 1 s 3(2) In subsections (1), (2), and (4) the references to the Cabinet of Ministers were substituted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.
467 468 469 470 471 472 152 Section 467 was repealed by section 2(1) of the Niue Amendment Act 1974.

Part 17 Housing improvement Section 468 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 469 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 470 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 471 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 472 was repealed by section 27(1) of the Niue Amendment Act 1971.
473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 Reprinted as at 3 September 2007 Niue Act 1966 Part 18 s 487 Section 473 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 474 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 475 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 476 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 477 was repealed by section 27(1) of the Niue Amendment Act 1971.
Section 478 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 479 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 480 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 481 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 482 was repealed by section 27(1) of the Niue Amendment Act 1971.

Section 483 was repealed by section 27(1) of the Niue Amendment Act 1971.
Part 18 Vesting orders Section 484 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 485 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 486 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 487 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

153 Part 18 s 488 Niue Act 1966 Reprinted as at 3 September 2007 488 Section 488 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Part 19 Niuean succession 489 Wills of Niueans (1) No will made by a Niuean shall have any force or effect with respect to his interest in Niuean land.
(2) No will made by a Niuean shall be valid unless, in addition to complying with the provisions of the Wills Act 1837 of the United Kingdom Parliament and the amendments of that Act that are in force in Niue, one of the attesting witnesses thereof is a Judge or Commissioner of the High Court or of the Land Court, a Solicitor of the High Court of New Zealand, a Justice of the Peace for Niue, or the Registrar of the High Court or of the Land Court.
Every person referred to in subsection (2) of this section so at­ testing the will of a Niuean shall, before attesting it, satisfy himself that the testator understands the effect thereof, and shall certify on the will that he believes the testator to under­ stand 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 subsection (2) or subsection (3) of this section, a will may be executed by a Niuean in any place out of Niue in the manner in which a European may execute a will in Niue.

(5) Notwithstanding anything in subsection (2) of this section, any will made by a Niuean before the commencement of this Act which would have been valid if this Act had not been passed shall continue to be valid after the commencement of this Act.
Compare: 1915 No 40 s 445; 1962 No 40 s 11 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
154 Reprinted as at 3 September 2007 Niue Act 1966 Part 19 s 497 490 Succession to deceased Niueans Subject to Part 8 of the Niue Amendment Act (No 2) 1968 and to every other enactment, the persons entitled on the death of a Niuean to succeed to his estate (other than an interest in Niuean land) so far as not disposed of by his will, and the shares in which they are so entitled, shall be determined in accordance with Niuean custom, so far as such custom extends; and shall be determined, so far as there is no Niuean custom applicable to the case, in the same manner as if the deceased were a Euro­ pean.
Compare: 1915 No 40 s 446; 1950 No 92 s 11(3) The words in square brackets were substituted for the words “The person en­ titled on the death of a Niuean to succeed to his real estate (other than customary land) and to his personal estate” by section 102(1) of the Niue Amendment Act (No 2) 1968.

491 Niuean land not to vest in administrator The interest of a Niuean in Niuean land shall in no case vest in his administrator by virtue of letters of administration.
Section 491 was substituted by section 102(1) Niue Amendment Act (No 2) 1968.

Section 492 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 493 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 494 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 495 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 496 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
497 Niuean land not assets for payment of debts The interest of any person in Niuean land shall not upon his death be assets available for the payment of his debts and li­ 155 492 493 494 495 496 Part 19 s 498 Niue Act 1966 Reprinted as at 3 September 2007 abilities, 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.
Compare: 1915 No 40 s 453; 1950 No 92 s 11(3) 498 Estate of Niuean other than land to be assets for payment of debts The estate of a Niuean (other than his interest in Niuean 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.

Compare: 1915 No 40 s 454 499 Section 499 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Part 20 Trustees for Niueans 500 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.
Compare: 1915 No 40 s 493 501 Trustee orders If any Niuean, being a person under disability, is entitled to any interest in any property (other than an interest in Niuean 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 re­ spect of the property or any part thereof to which he is so en­ titled (hereinafter called the trust property).
Compare: 1915 No 40 s 494; 1950 No 92 s 11(3) The words in square brackets were substituted for the words “real or personal property (other than customary land)” by section 102(1) of the Niue Amend­ ment Act (No 2) 1968.
156 Reprinted as at 3 September 2007 Niue Act 1966 Part 20 s 504 (2) 502 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.
(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.
Compare: 1915 No 40 s 495 (4) 503 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.
Compare: 1915 No 40 s 496 504 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 157 Part 20 s 505 Niue Act 1966 Reprinted as at 3 September 2007 in him under this Act, and the Court may at any time remove or vary any such prohibition or restriction.
Compare: 1915 No 40 s 497 505 Cancellation of trustee orders The Court may at any time make an order cancelling or varying a trustee order.

Compare: 1915 No 40 s 498 506 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 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.
Compare: 1915 No 40 s 499 507 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.
Compare: 1915 No 40 s 500 508 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.
Compare: 1915 No 40 s 501 509 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 property included in the trust (other than an alienation or disposition thereof by will), represent the bene­ 158 Reprinted as at 3 September 2007 Niue Act 1966 Part 20 s 511 (2) ﬁciary, and may accordingly exercise in the name and on be­ half of the beneﬁciary all powers in respect of the alienation or other disposition of any such property which the beneﬁciary might himself have exercised had he been under no disability and had no such trustee been appointed.
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.

Compare: 1915 No 40 s 502 In subsection (1) the words “Niuean land or other” were omitted, and the words “such property” were substituted for the words “such land or property”, by section 102(1) of the Niue Amendment Act (No 2) 1968.
510 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.
Compare: 1915 No 40 s 503 511 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.
Compare: 1915 No 40 s 504 (2) 159 Part 20 s 512 Niue Act 1966 Reprinted as at 3 September 2007 512 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.
Compare: 1915 No 40 s 505 513 Co­trustees must act jointly When 2 or more trustees hold ofﬁce under any trustee 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.
Compare: 1915 No 40 s 506 514 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.
Compare: 1915 No 40 s 507 Part 21 Marriage 515 Prohibited degrees of consanguinity or afﬁnity (1) With respect to marriage, the prohibited degrees of consan­ guinity and afﬁnity shall be the same in Niue as for the time being in New Zealand, and every marriage entered into be­ tween persons within those prohibited degrees shall be wholly void.
(2) Notwithstanding anything in subsection (1) of this section, any persons who are not within the degrees of consanguinity but are within the degrees of afﬁnity so prohibited may apply to the High Court for its consent to their marriage, and the Court, 160 Reprinted as at 3 September 2007 Niue Act 1966 Part 21 s 518 in its discretion, may make an order dispensing with that pro­ hibition so far as it relates to the parties to the application, and, if such an order is made, that prohibition shall cease to apply to the parties.
Compare: 1915 No 40 s 508 516 Marriages to take place before marriage ofﬁcer Every marriage in Niue shall take place in the presence of a marriage ofﬁcer as hereinafter deﬁned, and of at least 2 other witnesses, and otherwise shall be wholly void.
Compare: 1915 No 40 s 509 517 Marriage Ofﬁcer deﬁned The term marriage ofﬁcer means— (a) (b) Any Judge or Commissioner of the High Court or of the Land Court, the 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 of section 518 of this Act.

(c) Compare: 1915 No 40 s 510; 1946 No 30 s 52; 1964 No 70 s 57(1); 1965 No 1 s 3(3) Paragraph (a) was repealed by section 2(1) Niue Amendment Act 1974.
518 Appointment of marriage ofﬁcers (1) The Cabinet may under the Seal of Niue, appoint as a marriage ofﬁcer for Niue any minister of religion or other person whom the Cabinet believes to be a ﬁt and proper person to be so appointed.

(2) Any such appointment may be at any time revoked by the Cab­ inet, by warrant under the Seal of Niue.
Compare: 1915 No 40 s 511; 1957 No 103 s 95(1); 1964 No 70 s 57(1); 1965 No 1 s 3(3) In subsection (1) the words “The Cabinet may under” were substituted for the words “The Resident Commissioner may, by warrant under his hand and” and the words “the Cabinet believes” were substituted for the words “he believes”, by section 2(1) of the Niue Amendment Act 1974.

Subsection (2) was substituted by section 2(1) Niue Amendment Act 1974.
161 Part 21 s 519 Niue Act 1966 Reprinted as at 3 September 2007 519 Offence If any person acts as a marriage ofﬁcer in Niue without being qualiﬁed by ofﬁce or appointment so to act, he is liable to imprisonment for a term not exceeding 3 years.
Compare: 1915 No 40 s 512 520 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 the 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 that notice, the marriage ofﬁcer shall publish it 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 it such fee (if any) as may be prescribed by regulations, and all such fees shall be payable into the Niue Government Account.

(4) No marriage shall be invalidated by any breach of the require­ ments of this section.
Compare: 1915 No 40 s 513; 1957 No 103 s 95(1); 1965 No 1 s 3(1) In subsection (3) the reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974.

521 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.
Compare: 1915 No 40 s 514 522 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 time several particulars prescribed by regulations under this Act, but no marriage shall be invalidated by any error 162 Reprinted as at 3 September 2007 Niue Act 1966 Part 21 s 526 or defect in that form or in the particulars so required to be recorded.
Compare: 1915 No 40 s 515 523 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.
Compare: 1915 No 40 s 516 524 Transmission of record The record of every marriage shall be forthwith delivered by the marriage ofﬁcer to the Registrar of the High Court, and shall be preserved by the Registrar in the same manner as if it was a record of the High Court.
Compare: 1915 No 40 s 517 525 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.
Compare: 1915 No 40 s 518 526 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 the man or woman, if either of those parents is alive and resident in Niue.

(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.

Compare: 1915 No 40 s 519 163 Part 21 s 527 Niue Act 1966 Reprinted as at 3 September 2007 527 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 by him to be false, he is liable to a ﬁne not exceeding $100.
Compare: 1915 No 40 s 520 528 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 is liable to imprisonment for a term not exceeding 6 months or to a ﬁne not exceeding $40.
Compare: 1915 No 40 s 521 529 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 solemni­ sation by that ofﬁcer of any marriage is liable to imprisonment for a term not exceeding one year.

Compare: 1915 No 40 s 522 Part 22 Divorce 530 Jurisdiction of High Court in divorce The High Court shall have jurisdiction in divorce in accord­ ance with the provisions of this Part of this Act.
Compare: 1915 No 40 s 524 531 Nullity of marriage and dissolution of voidable marriage The High Court shall in proceedings for nullity of marriage or of dissolution of a voidable marriage have and exercise in Niue the same jurisdiction as is possessed for the time being in New Zealand by the High Court.

Compare: 1915 No 40 s 526 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
164 Reprinted as at 3 September 2007 Niue Act 1966 Part 22 s 534 532 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.
Compare: 1915 No 40 s 525 533 Domicile and residence For the purposes of this Part of this Act— (a) The domicile of a married woman who is a minor shall be determined as if she were an adult: (b) A domicile or residence in any part of the Cook Islands at any time before the commencement of this Act shall be deemed to have been at that time a domicile or resi­ dence in Niue.
Compare: 1915 No 40 s 529 534 Grounds of divorce and jurisdiction of High Court (1) Subject to the provisions of subsection (2) of this section, any married person (hereinafter called the petitioner) may take proceedings in the High Court for the dissolution of his or her marriage with the other party to the marriage (hereinafter called the respondent) on any ground speciﬁed in subsection (3) of this section.
(2) No proceedings for divorce may be taken in the High Court unless— (a) The petitioner or the respondent is at the commence­ ment of the proceedings domiciled in Niue; and (b) Where the ground alleged in the petition is one of those speciﬁed in paragraphs (l), (m), and (n) of subsection (3) of this section, has been domiciled or resident in Niue for 2 years at least immediately preceding the ﬁling of the petition.
(3) A petition for divorce may be presented to the High Court on one or more of the following grounds, and on no other ground: That the respondent has since the solemnisation of the (a) marriage been guilty of adultery: That the respondent, being the wife of the petitioner, has since the solemnisation of the marriage and without the (b) 165 Part 22 s 534 Niue Act 1966 Reprinted as at 3 September 2007 consent of the petitioner been artiﬁcially inseminated with the semen of some man other than the petitioner: That the respondent without just cause has wilfully de­ serted the petitioner and without just cause has left the petitioner continuously so deserted for 3 years or more: That the respondent— (i) Being the petitioner’s husband, has for 3 years or more been an habitual drunkard or drug ad­ dict, and has either habitually left his wife with­ out means of support or habitually been guilty of cruelty towards her; or Being the petitioner’s wife, has for a like period been an habitual drunkard or drug addict, and has either habitually neglected her domestic duties and rendered herself unﬁt to discharge them or habitually been guilty of cruelty towards him: (ii) That the respondent has since the solemnisation of the marriage been convicted of attempting to commit the murder of the petitioner or any child (of any age) of the petitioner or respondent, or has been convicted of any offence under section 151 of this Act or section 191 of the Cook Islands Act 1915 (which relate to caus­ ing grievous bodily harm) against
 the petitioner or any such child: That the respondent has since the solemnisation of the marriage been convicted of incest, attempted rape or as­ sault with intent to commit rape against any child (of any age) of the petitioner or respondent, or of sexual in­ tercourse or attempted sexual intercourse with any such child under 15 years of age: That the respondent, being the husband of the petitioner, has committed rape or buggery since the solemnisation of the marriage: That the respondent has since the
 solemnisation of the marriage been convicted of murder: That the respondent is a person of unsound mind and is unlikely to recover, and has been a patient for a period or periods of not less in the aggregate than 7 years within (c) (d) (e) (f) (g) (h) (i) 166 Reprinted as at 3 September 2007 Niue Act 1966 Part 22 s 534 (j) (k) (l) the period of 10 years immediately preceding the ﬁling of the petition: That the respondent is a person of unsound mind and is unlikely to recover, and has been continuously a person of unsound mind for a period of 7 years immediately preceding the ﬁling of the petition, and has been a pa­ tient during the ﬁnal 3 years of the said period of 7 years: That the respondent is a person of unsound mind and is unlikely to recover, and has been a patient for a period of 5 years immediately preceding the ﬁling of the petition: That the petitioner and respondent are parties to an agreement for separation, whether made by deed or other writing or orally, and that the agreement is in full force and has been in full force for not less than 3 years: (m) That— (i) The petitioner and respondent are parties to a de­ cree of separation made in New Zealand, or a sep­ aration order made in Niue or in New Zealand or in the Cook Islands, or to a decree, order, or judg­ ment made in any other country if that decree, order, or judgment has in that country the effect that the parties are not bound to live together; and That decree of separation, separation order, or other decree, order, or judgment is in full force and has been in full force for not less than 3 years: That the petitioner and respondent are living apart and are unlikely to be reconciled, and have been living apart for not less than 7 years.
(ii) (n) (4) (5) Proof that the respondent has been convicted by any Court of any of the offences speciﬁed in paragraphs (e) to (h) of subsec­ tion (3) of this section shall for the purposes of that subsection be conclusive proof that he has committed that offence.
In subsection (3) of this section, the term patient means a per­ son detained under an order of medical custody made under Part 26 of this Act or under Part 21 of the Cook Islands Act 1915; and includes a person receiving care and treatment as a resident (otherwise than as an informal patient in a hospital within the meaning of the Mental Health Act 1969 or in a like institution in any country outside New Zealand; and also in­ 167 Part 22 s 535 Niue Act 1966 Reprinted as at 3 September 2007 cludes a person detained in an institution under Part 4 of that Act or under the corresponding provisions of the law of any country outside New Zealand.
Compare: 1921 No 14 s 10(1) In subsection (5) the Mental Health Act 1969 has been substituted for the re­ pealed Mental Health Act 1911, and the reference to an informal patient being the corresponding term used in the Mental Health Act 1969, has been substituted for a reference to a voluntary patient in the repealed Mental Health Amendment Act 1961, and the reference to a hospital was substituted for a reference to an institution by section 129(5) of the Mental Health Act 1969.
535 Grounds of refusal of divorce If the Court is of opinion— (a) That, in the case of a petition based on a matrimonial wrong, the petitioner’s own habits or conduct induced or contributed to the wrong complained of so as to dis­ entitle the petitioner to a divorce or the petitioner has condoned the wrong complained of; or That, in the case of the adultery of the respondent, the petitioner has been in any manner accessory to or has connived at the adultery,— (b) the Court shall dismiss the suit; but, subject to the provisions of section 536 of this Act, in all other cases, if the Court is satisﬁed that the case of the petitioner has been established, the Court shall pronounce a decree of divorce.
Compare: 1915 No 40 s 528 536 Discretion to refuse decree in certain cases (1) Where a petition for divorce is presented on any of the grounds speciﬁed in paragraphs (l), (m), and (n) of subsection (3) of section 534 of this Act, and the petitioner has proved his or her case, the High Court shall have a discretion whether or not to grant a decree of divorce: Provided that the High Court shall not, in the exercise of that discretion, refuse to grant a decree by reason only of the adul­ tery of either party after their separation.
The High Court may dismiss any petition for divorce if there has been collusion between the petitioner and the respondent with intent to cause a perversion of justice.
Compare: 1915 No 40 s 528 (2) 168 Reprinted as at 3 September 2007 Niue Act 1966 Part 22 s 542 537 Co­respondent as a party In any proceedings in the High Court for divorce on the ground of adultery, the Court may, if it thinks ﬁt, make the person with whom the respondent is alleged to have committed adultery a co­respondent in the proceedings.
Compare: 1915 No 40 s 531 538 Intervention By leave of the High Court, any person may intervene in pro­ ceedings for divorce for the purpose of opposing the making of a decree of divorce.

Compare: 1915 No 40 s 532 539 Agreement no bar to divorce No covenant or agreement between the parties to proceedings for divorce shall operate as a bar to the institution or prosecu­ tion of the proceedings.
Compare: 1915 No 40 s 533 540 No appeal to Court of Appeal No appeal shall lie to the Court of Appeal of New Zealand from any decree of the High Court for divorce or of dissolution of a voidable marriage.

Compare: 1915 No 40 s 534 The words “Court of Appeal” were substituted for the words “Supreme Court” by section 2(1) of the Niue Amendment Act 1974.
541 Remarriage of divorced persons When a decree of divorce or of dissolution of a voidable mar­ riage has been made by the High Court, it shall be lawful for the parties to the marriage to marry again as if the former mar­ riage had been dissolved by death.
Compare: 1915 No 40 s 535 542 Costs In any proceedings under this Part of this Act, the High Court may make such order as it thinks ﬁt for the payment of the costs of the proceedings, or any part thereof, by or to the petitioner, 169 Part 22 s 543 Niue Act 1966 Reprinted as at 3 September 2007 respondent, co­respondent, or any person intervening in the proceedings.
Compare: 1915 No 40 s 536 543 Order for maintenance of divorced wife (1) When a decree of divorce or of dissolution of a voidable mar­ riage is made by the High Court, the Court may, if it thinks ﬁt, in and by the decree, order the husband to pay towards the future maintenance of his wife (whether petitioner or respond­ ent), 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 23 of this Act, and all the provisions of that Part of this Act shall, so far as applicable, apply thereto accordingly.

In addition to or instead of making an order under subsection (1) of this section, the High Court may, when making any such decree, order the husband to pay to the wife such capital sum as the Court thinks ﬁt.
Compare: 1915 No 40 s 537; 1948 No 25 s 3(1) (2) (3) 544 Order as to custody of children (1) The High Court may in and by any decree of divorce or of dissolution of a voidable 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.
The High Court may in and by any decree of nullity of mar­ riage, 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 parties to the void marriage.
Compare: 1915 No 40 s 538 (2) 545 Molestation of divorced wife by her husband If, at any time after a decree of divorce or of dissolution of a voidable marriage has been pronounced at the suit of the wife, her former husband— (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 170 Reprinted as at 3 September 2007 Niue Act 1966 Part 23 s 547 546 (1) (2) 547 (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 is liable to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $40.
Compare: 1915 No 40 s 539 Jurisdiction of High Court The jurisdiction of the High Court of New Zealand under the Matrimonial Proceedings Act 1963 shall extend to Niue in the same manner as if Niue constituted for all purposes part of New Zealand, and a domicile or residence in Niue shall for the purposes of such jurisdiction be deemed to be a domicile or residence in New Zealand accordingly.
In the exercise of that jurisdiction the High Court shall, in re­ spect of the grounds of divorce or of nullity of marriage or of dissolution of a voidable marriage and in respect of all other matters, act in accordance with the Matrimonial Proceedings Act 1963 and not in accordance with this Act.

Compare: 1915 No 40 s 540 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Part 23 Maintenance and afﬁliation Interpretation In this Part of this Act, unless the context otherwise requires,— 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 or under Part 20 of the Cook Islands Act 1915 adjudging any person to be the father of a child born out of wedlock Child means a person under the age of 16 years 171 Part 23 s 548 Niue Act 1966 Reprinted as at 3 September 2007 Defendant means any person against whom a maintenance order or afﬁliation order is or has been made under this Part of this Act or under Part 20 of the Cook Islands Act 1915 or is 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; and includes such an order made under Part 20 of the Cook Islands Act 1915, and continuing in force at the commencement of this Act.
Compare: 1915 No 40 s 541; 1962 No 40 s 12 Maintenance and afﬁliation orders 548 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.
Compare: 1915 No 40 s 542 549 Applications Any application to the High Court for or in relation to a maintenance order or an afﬁliation order may, except where otherwise expressly provided, be made either by the person in whose favour the order is to be or has been made or by any other person.

Compare: 1915 No 40 s 543 550 Jurisdiction discretionary The exercise by the High Court of its jurisdiction to make a maintenance order shall in all cases be discretionary.
Compare: 1915 No 40 s 544 172 Reprinted as at 3 September 2007 Niue Act 1966 Part 23 s 553 551 Afﬁliation orders (1) On application made to the High Court by or by the authority of a woman who is the mother of a child or who is with child, the Court may, if it is satisﬁed that the defendant (not being her husband) 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.
(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 Niue, the period of his absence shall not be counted in computing the respective periods of 6 years or 2 years.

(3) (4) No such application shall be made unless the child is under 16 years of age at the time of the application.

Compare: 1915 No 40 s 545 552 Evidence (1) The evidence of the mother of the 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 a 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.
Compare: 1915 No 40 s 546 553 Maintenance order in favour of child born out of wedlock When an afﬁliation order has been made by the High Court against any person as the father of a child, whether already born or not, the Court may, at the same time or at any time 173 Part 23 s 554 Niue Act 1966 Reprinted as at 3 September 2007 thereafter, make a maintenance order in favour of the child against the person so adjudged to be the father thereof.
Compare: 1915 No 40 s 547 554 Maintenance order against father in favour of child (1) The High Court may make a maintenance order against the father of any child (not being a child born out of wedlock) 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.
(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.
Compare: 1915 No 40 s 548 555 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, if it is 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 the 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.
Compare: 1915 No 40 s 549 556 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 it is satisﬁed that the husband has failed or intends to fail to provide his wife with adequate maintenance.
174 Reprinted as at 3 September 2007 Niue Act 1966 Part 23 s 559 (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.
Compare: 1915 No 40 s 550 557 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 it is satisﬁed that the husband is a destitute person and that his wife is of sufﬁcient ability 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.
Compare: 1915 No 40 s 551 558 Maintenance order against any person in favour of father or mother The High Court may make a maintenance order against any person in favour of the father or mother of that person, if it is satisﬁed that the father or mother, as the case may be, is a destitute person and that the defendant is of sufﬁcient ability to contribute to the maintenance of that destitute person.
Compare: 1915 No 40 s 552 559 Disobedience to maintenance order Every person who disobeys a maintenance order shall be guilty of contempt of the High Court.

Compare: 1915 No 40 s 553 175 Part 23 s 560 Niue Act 1966 Reprinted as at 3 September 2007 560 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.
Compare: 1915 No 40 s 554 561 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 Niue.

Compare: 1915 No 40 s 555 562 Order against non­residents A maintenance or afﬁliation order may be made against any defendant otherwise liable although not present or resident in Niue.
Compare: 1915 No 40 s 556 563 Orders in absentia If the High Court is satisﬁed that a defendant is absent from Niue, 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.
Compare: 1915 No 40 s 557 564 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.

Compare: 1915 No 40 s 558 565 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.
176 Reprinted as at 3 September 2007 Niue Act 1966 Part 23 s 568 (2) 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.
Compare: 1915 No 40 s 559 566 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 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 them.
Compare: 1915 No 40 s 560 567 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.
Compare: 1915 No 40 s 561 568 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.
177 Part 23 s 569 Niue Act 1966 Reprinted as at 3 September 2007 (2) 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 one or 2 sureties to be approved by the Court in a sum not exceeding $400 conditioned for due obedience to the maintenance order.
(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.

Compare: 1915 No 40 s 562 (5) 569 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.
Compare: 1915 No 40 s 563 570 Purport and duration of maintenance orders (1) Every maintenance order shall be an order for the periodical payment, at such times and in such manner 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, the order shall cease to be in force so soon as that child attains the age of 16 years.
Compare: 1915 No 40 s 564; 1948 No 25 s 3(2); 1963 No 132 s 13(1) 178 Reprinted as at 3 September 2007 Niue Act 1966 Part 23 s 574 571 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.
Compare: 1915 No 40 s 565 Offences 572 Leaving Niue while maintenance money in arrear (1) Every person against whom a maintenance order has been made is liable to imprisonment for a term not exceeding 2 years, if, while any money payable under the order is in ar­ rear and unpaid, he leaves or attempts to leave Niue without the permission in writing of a Judge of the High Court.

In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.
Compare: 1915 No 40 s 566 (2) 573 Leaving Niue after afﬁliation order and before birth of (1) (2) child Every person against whom an afﬁliation order is made before the birth of the child is liable to imprisonment for a term not exceeding 2 years, if he leaves or attempts to leave Niue with­ out the permission in writing of a Judge of the High Court at any time within 12 months after the making of the order.
In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.
Compare: 1915 No 40 s 567 574 Leaving Niue with intent to disobey maintenance order Every person against whom a maintenance order has been made is liable to imprisonment for a term not exceeding 2 179 Part 23 s 575 Niue Act 1966 Reprinted as at 3 September 2007 years, if he at any time thereafter leaves or attempts to leave Niue with intent to make default in obeying that order.
Compare: 1915 No 40 s 568 575 Leaving Niue while failing to maintain wife (1) Every person is liable to imprisonment for a term not exceed­ ing 2 years, if he without reasonable cause fails to provide his wife with adequate maintenance and at any time while failing so to do leaves or attempts to leave Niue without the permis­ sion in writing of a Judge of the High Court.

In any prosecution under this section the burden of proving that the permission of a Judge was so obtained shall be upon the accused.
Compare: 1915 No 40 s 569 (2) 576 Leaving Niue while failing to maintain child (1) Every person who is the father of a child is liable to imprison­ ment for a term not exceeding 2 years, if he without reason­ able cause fails to provide that child with adequate mainten­ ance and at any time while failing so to do leaves or attempts to leave Niue without the permission in writing of a Judge of the High Court.
In any prosecution under this section the burden of proving that the permission of a Judge was so given shall be upon the accused.
Compare: 1915 No 40 s 570 (2) 577 Leaving Niue with intent to desert wife or child Every person who is the husband of any woman or the father of any child is liable to imprisonment for a term not exceed­ ing 2 years, if he leaves or attempts to leave Niue with the in­ tention of failing without reasonable cause to make adequate provision for the maintenance of that wife or child during his absence.
Compare: 1915 No 40 s 571 180 Reprinted as at 3 September 2007 Niue Act 1966 Part 24 s 586 578 Attempting to leave Niue Every person shall be deemed to attempt to leave Niue within the meaning of this Part of this Act who does any act with intent to leave Niue.
Compare: 1915 No 40 s 572 579 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 Niue 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 Niue with intent so to make default.
Compare: 1915 No 40 s 573 Part 24 Adoption of children by Niueans Section 580 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 581 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 582 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 583 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 584 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 585 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 586 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

181 580 581 582 583 584 585 586 Part 24 s 587 Niue Act 1966 Reprinted as at 3 September 2007 587 588 589 590 591 592 593 594 595 596 597 598 182 Section 587 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 588 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 589 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 590 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 591 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 592 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Part 25 Adoption of children by Europeans and Niuean spouses of Europeans Section 593 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 594 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 595 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 596 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 597 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 598 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Reprinted as at 3 September 2007 Niue Act 1966 Part 26 s 602 599 Section 599 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Part 26 Persons of unsound mind Orders of medical custody 600 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 that person is of unsound mind.
Compare: 1915 No 40 s 574; 1923 No 9 s 5(1) 601 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 the Director of Health or by 2 Medical Ofﬁcers 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 interests or for the safety of other persons.
Compare: 1915 No 40 s 575; 1956 No 27 s 12(1); 1963 No 132 s 16(1) The words “Director of Health” were substituted for the words “Chief Medical Ofﬁcer” by section 18(3)(b) of the Niue Amendment Act 1971.
602 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 him to medical custody for such period as the Court thinks ﬁt, not exceeding 6 months.
Compare: 1915 No 40 s 576 183 Part 26 s 603 Niue Act 1966 Reprinted as at 3 September 2007 603 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.

Compare: 1915 No 40 s 577 604 Cancellation of order Any such order may be at any time cancelled by the High Court.
Compare: 1915 No 40 s 578 605 Discharge from custody Any person so committed to medical custody may at any time be discharged from custody by the Cabinet of Ministers, and the order of medical custody shall thereupon lapse.

Compare: 1915 No 40 s 579 The reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.
606 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 Niue, and in the custody of such Medical Ofﬁcer, as may from time to time be determined in that behalf by the Director of Health, either generally or in respect of any particular case or class of cases.
Compare: 1915 No 40 s 580 The words “Director of Health” were substituted for the words “Chief Medical Ofﬁcer” by section 18(3)(b) of the Niue Amendment Act 1971.

607 Treatment of person so detained Provision as to the custody, care, treatment, visitation, and discipline of all persons so committed to medical custody may be made by the Niue Assembly, by Act.

Section 607 was substituted by section 2(1) Niue Amendment Act 1974.
184 Reprinted as at 3 September 2007 Niue Act 1966 Part 26 s 611 608 Removal from Niue 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 Niue to New Zealand.
Compare: 1915 No 40 s 582 609 Conditions of removal No such warrant shall be issued unless the Court is satisﬁed, on the certiﬁcate by the Director of Health or by 2 Medical Ofﬁcers, and on the examination of the person alleged to be of unsound mind, that his removal from Niue to New Zealand is necessary in his own interests or for the safety of other persons.
Compare: 1915 No 40 s 583; 1956 No 27 s 12(2); 1963 No 132 s 16(2) The words “Director of Health” were substituted for the words “Chief Medical Ofﬁcer” by section 18(3)(b) of the Niue Amendment Act 1971.
610 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 Com­ monwealth ship or in any aircraft which is approved by the Director of Health or 2 Medical Ofﬁcers as suitable for the purpose.
Compare: 1915 No 40 s 584; 1923 No 9 s 5(4); 1963 No 132 s 17 The words “Director of Health” were substituted for the words “Chief Medical Ofﬁcer” by section 18(3)(b) of the Niue Amendment Act 1971.
611 Admission to hospital of persons removed to New Zealand (1) Where any person in respect of whom a warrant for removal to New Zealand is made under section 608 of this Act arrives in New Zealand pursuant to the warrant, then, on the delivery to the Superintendent of a hospital within the meaning of the Mental Health Act 1969 of copies, under the seal of the High Court, of that warrant, the order of medical custody made in respect of that person under section 602 of this Act, the ap­ plication to the High Court for the last­mentioned order, and 185 Part 26 s 612 Niue Act 1966 Reprinted as at 3 September 2007 the certiﬁcate produced to the High Court pursuant to section 601 of this Act in respect of that application, the Superintend­ ent shall receive that person and may detain him in the hospital in accordance with the provisions of this section.
(2) Where any person is received into a hospital pursuant to this section, the order and warrant made or issued in respect of him under sections 602 and 608 of this Act shall be sufﬁcient authority for his detention in the hospital for a period of 7 days.
(3) At any time before the expiration of that period, the Superin­ tendent of the hospital may apply for a reception order under the Mental Health Act 1969 in respect of the person so re­ ceived into the hospital; and the fact that such an application has been made shall be sufﬁcient authority for the Superin­ tendent to detain that person until the application is ﬁnally de­ termined.

Compare: 1915 No 40 ss 585, 586; 1956 No 27 s 12(3) In subss.
(1) and (3) the Mental Health Act 1969 has been substituted for the repealed Mental Health Act 1911.

In subsections (l), (2), and (3) the references to a hospital, wherever they occur, were substituted for references to an institution by section 129(5) of the Mental Health Act 1969.
612 Administration of estates of persons of unsound mind Part 7 of the Mental Health Act 1969 (relating to the adminis­ tration of the estates of mentally disordered persons) shall in New Zealand extend and apply to property (other than inter­ ests in Niuean land) situated in Niue and belonging to a person of unsound mind.

Compare: 1915 No 40 s 587(1) Part 7 of the Mental Health Act 1969 has been substituted for the repealed Part 8 of the Mental Health Act 1911.
The reference to mentally disordered persons was substituted for a reference to mentally defective persons by section 129(4) of the Mental Health Act 1969.

613 No committee of estate of person of unsound mind The High Court shall have no jurisdiction to appoint a com­ mittee of the person or estate of a person of unsound mind.
Compare: 1915 No 40 s 587(2) 186 Reprinted as at 3 September 2007 Niue Act 1966 Part 26 s 617 614 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 the Registrar of the High Court.
Compare: 1915 No 40 s 588 615 Arrest without warrant of persons of unsound mind 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 the Registrar of the High Court, or before any ofﬁcer of the Niue Public Service, who may from time to time make such order for his custody as is thought ﬁt, pending the making and determination of an application for an order of medical custody.
Compare: 1915 No 40 s 589; 1956 No 27 s 13 The words “or before the Resident Commissioner” were omitted by section 2(1) of the Niue Amendment Act 1974.
616 Persons of unsound mind charged with offences 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 Cabinet of Ministers or (in the case of a charge of murder or manslaugh­ ter) the pleasure of the Governor­General is known.
Compare: 1915 No 40 s 590 The reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.
617 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 187 Part 26 s 618 Niue Act 1966 Reprinted as at 3 September 2007 or in some other place of security until the pleasure of the Cabinet of Ministers or (in the case of a charge of murder or manslaughter) the pleasure of the Governor­General is known.
Compare: 1915 No 40 s 591 The reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.

618 Discharge (1) 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 Cabinet of Ministers.
In the case of a charge of murder or manslaughter, any person so detained may be at any time discharged by the Governor­ General.

Compare: 1915 No 40 s 592; 1965 No 1 s 3(1) (2) In subsection (1) the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amend­ ment Act 1974.
619 Orders of medical custody (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) Any order of medical custody so made shall supersede the order for detention during the pleasure of the Cabinet of Minis­ ters or the Governor­General, save that, in the case of a charge of murder or manslaughter, no person shall be discharged from custody either in Niue or New Zealand except with the consent of the Governor­General.
Compare: 1915 No 40 s 593; 1965 No 1 s 3(1) In subsection (2) the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amend­ ment Act 1974.
620 The defence of insanity in criminal prosecutions (1) No person charged with any offence shall be acquitted on the ground of insanity, unless the offence was committed by him 188 Reprinted as at 3 September 2007 Niue Act 1966 Part 27 s 621A while labouring under natural imbecility or disease of the mind to such an extent as to render him incapable of understanding the nature or quality of the act done by him or of knowing that the act was wrong.
(2) A person labouring under speciﬁc delusions but in other re­ spects sane shall not be acquitted on the ground of insanity, unless the delusions caused him to believe in the existence of some state of things which, if it existed, would justify or ex­ cuse his act.

Every one shall be presumed to be and to have been sane unless the contrary is proved.
Compare: 1915 No 40 s 594 (3) Part 27 Intoxicating liquor 621 Interpretation In this Part of this Act, unless the context otherwise requires,— Intoxicating liquor means alcohol and any liquor containing alcohol; but, except as may be otherwise provided by any Or­ dinance or regulation, does not include— (a) Perfumery or medicinal preparations containing spirit: (b) Methylated spirit and other preparations containing spirit but not suitable for human consumption: Fermented or other liquor which on analysis is found to contain 2 or fewer parts percent of proof spirit.
Compare: 1961 No 15 s 3; 1964 No 70 s 57(1); 1965 No 1 s 3(2), (3) (c) 621A Importation of intoxicating liquor (1) For the purposes of this Part of this Act, intoxicating liquor shall be deemed to be imported into Niue if and so soon as in any manner whatever, whether lawfully or unlawfully, it is brought or comes within the territorial limits of Niue from any place outside those limits: Provided that intoxicating liquor shall not be deemed to have been imported into Niue if— (a) It is included in personal baggage or household or other effects belonging to or accompanying any 189 Part 27 s 622 Niue Act 1966 Reprinted as at 3 September 2007 (2) (b) passenger in any ship or aircraft and is intended for consumption by the passenger or for gift; and It is imported in compliance with such conditions as to value or quantity as the Comptroller of Cus­ toms from time to time prescribes in relation to intoxicating liquor that may be imported without Customs entry or payment of duty.
Intoxicating liquor whose destination is outside the territorial limits of Niue, and intoxicating liquor forming part of ships’ or aircrafts’ stores, shall not be deemed to have been so imported unless, while it is within those limits, it is removed from the ship or aircraft in which it arrived there, but if so removed it shall for the purposes of this Part of this Act be deemed to have been brought within the territorial limits of Niue as aforesaid.
Section 621A was inserted by section 4(1) of the Niue Amendment Act 1968.

622 Liquor control authority (1) Subject to the provisions of this Part of this Act, the Niue As­ sembly may, by Act,— (a) Constitute an authority for the purpose of controlling the sale and consumption of intoxicating liquor in Niue: (b) Make provision for the appointment of the Chairman and members of the authority by the Cabinet of Minis­ ters: (c) Make provision for the sale and consumption of intoxi­ cating liquor in Niue.
(2) In the performance and exercise of its functions and powers, the authority shall comply with such policy directions as may from time to time be given to it by the Cabinet.

Compare: 1961 No 15 s 4; 1965 No 1 s 3(2) In subsection (1) the reference to the Niue Assembly was substituted for a ref­ erence to the Island Assembly by section 2(2)(d) of the Niue Amendment Act 1974, and the reference to an Act was substituted for a reference to an Ordin­ ance by section 2(2)(e) of that Act.
Subsection (1)(b): The reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of that Act.

Subsection (2): The word “Cabinet” was substituted for the word “Minister” by section 2(1) of the Niue Amendment Act 1974.

190 Reprinted as at 3 September 2007 Niue Act 1966 Part 27 s 626 623 Manufacture of intoxicating liquor prohibited (1) It shall not be lawful for any person to manufacture intoxicat­ ing liquor in Niue.
Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 6 months or to a ﬁne not exceeding $100.

Importation of intoxicating liquor prohibited [Repealed] Section 624 was repealed, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).

In the original subsection (1) the words “section 621lA or” were inserted by section 4(2) of the Niue Amendment Act 1968.
(2) 624 625 Cabinet of Ministers may import intoxicating liquor (1) The Cabinet of Ministers may, for and on behalf of the Crown, and at the cost of the Niue Government Account, purchase in New Zealand or elsewhere and import into Niue such intoxi­ cating liquor as it thinks is required from time to time, either for the hospitals and medical services of Niue or for sale in accordance with the provisions of this Part of this Act.
(2) Any liquor so imported may be sold in accordance with the provisions of an Act of the Niue Assembly made under the powers conferred by section 622 of this Act and not otherwise.
Compare: 1961 No 15 s 7; 1965 No 1 s 3(2) In subsection (1) the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amend­ ment Act 1974, and the word “it” consequentially has been substituted for the word “he”; and the reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of that Act.
In subsection (2) the reference to an Act of the Niue Assembly was substituted for a reference to an Ordinance by section 2(2)(c) of the Niue Amendment Act 1974.
626 Offences as to intoxicating liquor illegally manufactured or imported Every person is liable to imprisonment for a term not exceed­ ing 6 months or to a ﬁne not exceeding $100 who— 191 Part 27 s 627 Niue Act 1966 Reprinted as at 3 September 2007 (a) Carries or conceals any intoxicating liquor manufac­ tured or imported in breach of the provisions of this Part of this Act; or (b) Has any such liquor in his possession or under his con­ (c) (d) (e) trol; or Consumes any such liquor; or Procures or attempts to procure, whether by purchase or not and whether for his own use or for the use of any other person, any such liquor; or Is the owner, lessee, or occupier of any premises in or about which any such liquor is found, unless he satisﬁes the High Court that the liquor was there without his knowledge or consent.
Compare: 1961 No 15 s 8 627 Sale of intoxicating liquor (1) Except as provided in subsection (2) of this section, it shall not be lawful for any person to sell or offer for sale or have in his possession for sale any intoxicating liquor in Niue.
The Cabinet of Ministers, or such other person or persons as may from time to time be authorised by the Cabinet in writ­ ing, may in Niue sell or offer for sale or have in his or their possession for the purposes of sale intoxicating liquor in ac­ cordance with the provisions of any Act of the Niue Assembly made under the powers conferred by section 622 of this Act, and not otherwise.
For the purpose of this section a contract of barter, or any other contract under or by virtue of which the property in any in­ toxicating liquor passes to any person, shall be deemed to be a contract of sale.
In any prosecution for offering for sale or having in possession for sale any intoxicating liquor in breach of this section, proof that any intoxicating liquor was found in the possession of the accused shall be evidence from which the High Court may infer that he had offered it for sale or had it in his possession for sale.
(2) (3) (4) 192 Reprinted as at 3 September 2007 Niue Act 1966 Part 27 s 629 (5) Every person who commits an offence against this section is liable to imprisonment for a term not exceeding one year or to a ﬁne not exceeding $200.
Compare: 1961 No 15 s 9; 1957 No 70 s 57(2); 1965 No 1 s 3(3) In subsection (2) the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of the Niue Amend­ ment Act 1974, the words “authorised by the Cabinet” were substituted for the words “authorised by him” by section 2(1) of that Act, and the reference to an Act of the Niue Assembly was substituted for a reference to an Ordinance by section 2(2)(e) of that Act.
628 Restrictions on giving intoxicating liquor to other persons It shall not be lawful in Niue for any person to give intoxicating (1) liquor to any other person, if that other person— (a) (b) Is under the age of 21 years and is not a member of the household of the person giving the liquor; or Is known to the person giving the liquor not to be en­ titled to purchase intoxicating liquor pursuant to the provisions of an Act of the Niue Assembly made under the powers conferred by section 622 of this Act, unless that other person is a bona ﬁde guest of the person giv­ ing the liquor: Provided that nothing in this subsection shall apply to the use of wine for sacramental purposes in accordance with the practice of the Christian religion or to the giv­ ing or administering of intoxicating liquor by or with the approval of a Medical Ofﬁcer for medicinal purposes.
Every person who commits an offence against this section is liable to a ﬁne not exceeding $100.

Compare: 1961 No 15 s 10; 1965 No 1 s 3(2) (2) In subsection (1)(b) the reference to an Act of the Niue Assembly was substi­ tuted for a reference to an Ordinance by section 2(2)(e) of the Niue Amendment Act 1974.
629 Arrest of persons suspected of having illegally dealt with intoxicating liquor (1) Any constable or ofﬁcer of Customs may arrest without war­ rant any person whom on reasonable grounds he suspects of having committed an offence against paragraph (a) or para­ graph (b) of section 626 of this Act.
193 Part 27 s 630 Niue Act 1966 Reprinted as at 3 September 2007 (2) Where any person is arrested without warrant under this sec­ tion, the provisions of subsection (2) of section 250 and section 252 of this Act shall apply as if he had been arrested under the said section 250.
Compare: 1961 No 15 s 11 630 Seizure and forfeiture of intoxicating liquor (1) Any constable or ofﬁcer of Customs may seize and remove any intoxicating liquor that on reasonable grounds he suspects has been manufactured, imported, carried, concealed, or sold in breach of the provisions of this Part of this Act or of any Act of the Niue Assembly made under the powers conferred by section 622 of this Act, and any vessel containing the liquor or used in its manufacture, importation, carriage, concealment, or sale.
(2) Upon the conviction for an offence against this Part of this Act or against any Act of the Niue Assembly made under the powers conferred by section 622 of this Act of any person ap­ pearing to the High Court to be an owner or to have been in possession of any intoxicating liquor or vessel seized under this section, or to be an owner or occupier of the place where the liquor or vessel was seized, the High Court, unless on spe­ cial grounds it thinks it inadvisable to do so, shall make an order declaring the liquor or vessel or both to be forfeited, and thereupon the liquor or vessel or both shall be deemed to be forfeited to the Crown and may be sold or destroyed or other­ wise disposed of as the Cabinet of Ministers directs.
Compare: 1961 No 15 s 12; 1964 No 70 s 57(2); 1965 No 1 s 3(2), (3) In subsections (1) and (2) the reference to an Act of the Niue Assembly were substituted for references to an Ordinance by section 2(2)(e) of the Niue Amend­ ment Act 1974, and the reference to the Cabinet of Ministers was substituted for a reference to the Resident Commissioner by section 2(2)(c) of that Act.
631 Search warrant (1) Any Judge or Commissioner of the High Court, if he is satis­ ﬁed on oath that there is reasonable ground to believe that in any place, premises, vehicle, or ship there is any intoxicating liquor that has been manufactured, imported, sold, carried, or concealed in breach of the provisions of this Part of this Act or of any Act of the Niue Assembly made under the powers con­ 194 Reprinted as at 3 September 2007 Niue Act 1966 Part 27 s 632 (2) ferred by section 622 of this Act, may grant a warrant under his hand pursuant to the provisions of section 284 of this Act.
Every person who, by himself or by any person in his employ or acting by his direction or with his consent, refuses or fails to admit without any unnecessary delay any ofﬁcer demanding to enter any place, premises, vehicle, or ship pursuant to a warrant issued under the provisions of subsection (1) of this section, or hinders or obstructs any ofﬁcer in the execution of any such warrant, is liable to a ﬁne not exceeding $20.
Compare: 1961 No 15 s 13; 1965 No 1 s 3(2) In subsection (1) the reference to an Act of the Niue Assembly was substituted for a reference to an Ordinance by section 2(2)(e) of the Niue Amendment Act 1974.
632 Persons found on premises deemed illegally dealing in intoxicating liquor When in the course of a search under a warrant issued pur­ suant to section 631 of this Act any intoxicating liquor has been seized,— (a) Without limiting the provisions of section 626 of this Act in any case to which that section applies, the occu­ pier and the manager or other person in charge (if any) of the place, premises, vehicle, or ship searched shall each, until the contrary is proved, be deemed to have been unlawfully dealing in intoxicating liquor, and shall each be liable to a ﬁne not exceeding $20: (b) Any other person found at the time on the place, premises, vehicle, or ship searched in whose posses­ sion or under whose control that liquor, or any container or package containing that liquor, was found shall, until the contrary is proved, be deemed to have been there for the purpose of illegally dealing in intoxicating liquor, and shall be liable to a ﬁne not exceeding $20.
Compare: 1961 No 15 s 14 195 Part 27 s 633 Niue Act 1966 Reprinted as at 3 September 2007 633 Names of persons found on premises searched may be demanded (1) Where any constable or ofﬁcer of Customs seizes any intoxi­ cating liquor under the powers conferred by section 284 or sec­ tion 630 of this Act,— (a) He may demand the name and address of any person found present in the place, premises, vehicle, or ship where the liquor is seized, being the occupier or man­ ager or other person in charge of the place, premises, ve­ hicle, or ship or a person in whose possession or under whose control the liquor, or any container or package containing the liquor, has been found; and If he has reasonable grounds to suspect that the name or address given is false, he may examine that person further as to the correctness of that name and address.
If that person fails on demand to give his name and address or to answer satisfactorily the questions put to him, any constable may arrest him without warrant.

(b) (2) (4) (3) Where any person is arrested without warrant under this sec­ tion, the provisions of subsection (2) of section 250 and section 252 of this Act shall apply as if he had been arrested under the said section 250.
Every person who is requested by a constable or an ofﬁcer of Customs under subsection (1) of this section to give his name and address and who fails to give the same or gives false information with respect to that name or address is liable to a ﬁne not exceeding $20.

Compare: 1961 No 15 s 15 Part 28 Roads Section 634 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 635 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
634 635 196 636 637 638 639 640 641 642 643 644 Reprinted as at 3 September 2007 Niue Act 1966 Part 29 s 645 Section 636 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 637 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 638 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 639 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 640 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Section 641 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 642 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 643 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.

Section 644 was repealed by section 103 of the Niue Amendment Act (No 2) 1968.
Part 29 Niuean antiquities 645 Interpretation In this Part of this Act the expression Niuean antiquities includes Niuean relics, articles manufactured with ancient Niuean tools and according to Niuean methods and all other articles or things of historical or scientiﬁc value or interest and relating to Niue; but does not include any botanical or mineral collections or specimens.
Compare: 1950 No 92 s 2 197 Part 29 s 646 Niue Act 1966 Reprinted as at 3 September 2007 646 Minister may acquire Niuean antiquities The Cabinet of Ministers may acquire on behalf of Her Majesty for the beneﬁt of the people of Niue such Niuean antiquities as the Cabinet of Ministers considers expedient, and may provide for their safe custody.
Compare: 1950 No 92 s 3; 1965 No 1 s 3(2) The reference to the “Cabinet of Ministers” was substituted for reference to the Executive Committee (as substituted by section 26(a) and (b) of the Niue Amendment Act 1971) by section 2(2)(a) of the Niue Amendment Act 1974.

The words “the Executive Committee considers” (as now amended by section 2(2)(a) of the Niue Amendment Act 1974) were substituted for the words “he considers” by section 26(b) of the Niue Amendment Act 1971.
647 Niuean antiquities to be offered for sale before exportation It shall not be lawful to remove from Niue any Niuean antiqui­ ties without ﬁrst offering them for sale to the Cabinet of Min­ isters on behalf of Her Majesty for the beneﬁt of the people of Niue.
Compare: 1950 No 92 s 4; 1965 No 1 s 3(2) The reference to the Cabinet of Ministers was substituted for a reference to the Executive Committee (as substituted by section 26(c) of the Niue Amendment Act 1971) by section 2(2)(a) of the Niue Amendment Act 1974.
648 Power to detain Niuean antiquities attempted to be exported It shall be the duty of all constables and ofﬁcers of Customs to seize and detain any Niuean antiquities attempted to be re­ moved from Niue contrary to the provisions of this Part of this Act.
Compare: 1950 No 92 s 5; 1965 No 1 s 3(2) 649 Exporting Niuean antiquities without permission (1) Every person who, without the express permission in writing of the Cabinet of Ministers, exports from Niue any Niuean antiquities is liable to a ﬁne not exceeding $200.

(2) Notice of the intention to export any Niuean antiquities shall be given by the exporter to the Collector or other proper ofﬁcer of Customs at least 24 hours before shipment.
198 Reprinted as at 3 September 2007 Niue Act 1966 Part 29 s 651 (3) Any Niuean antiquities entered for export contrary to this Part of this Act shall be deemed to be forfeited, and shall vest in Her Majesty for the beneﬁt of the people of Niue: Provided that the Cabinet of Ministers may, after inquiry, can­ cel the forfeiture if the Cabinet of Ministers thinks ﬁt.
Compare: 1950 No 92 s 6; 1965 No 1 s 3(2) In subsection (1), and in the proviso to subsection (3), the references to the Cab­ inet of Ministers were substituted in each case for references to the Executive Committee (as substituted by section 26(d) of the Niue Amendment Act 1971) by section 2(2)(a) of the Niue Amendment Act 1974.
In subsection (3), in the proviso, the words in the second set of single square brackets (as now amended by section 2(2)(a) of the Niue Amendment Act 1974) were substituted for the words “he thinks” by section 26(e) of the Niue Amend­ ment Act 1971.
650 Power to remove antiquities in certain cases Nothing in this Part of this Act shall be deemed to prevent any person who has offered any Niuean antiquities for sale as provided by section 647 of this Act from removing those Niuean antiquities from Niue, if he has previously obtained the permission in writing of the Cabinet of Ministers.
Compare: 1950 No 92 s 7; 1965 No 1 s 3(2) The reference to the Cabinet of Ministers was substituted for a reference to the Executive Committee (as substituted by section 26(f) of the Niue Amendment Act 1971) by section 2(2)(a) of the Niue Amendment Act 1974.
651 Right to copy of antiquities intended to be exported (1) On any application for permission to export any Niuean an­ tiquities, the Cabinet of Ministers may, if it thinks ﬁt, make it a condition of the granting of the application that the owner thereof allows them to be copied, by photography, cast, or otherwise, in such manner and by such person as the Cabinet of Ministers directs.

Every such copy shall be the property of Her Majesty for the beneﬁt of the people of Niue.
Compare: 1950 No 92 s 8; 1965 No 1 s 3(2) The words in the ﬁrst set of single brackets were substituted for the words “the Minister may, if he thinks ﬁt” by section 26(g) of the Niue Amendment Act 1971.

(2) The words in the second set of single square brackets were substituted for the words “the Minister directs” by section 26(h) of the Niue Amendment Act 1971.
199 Part 29 s 652 Niue Act 1966 Reprinted as at 3 September 2007 The references to the Cabinet of Ministers were substituted for references to the Executive Committee (as substituted by section 26(g) and (h) of the Niue Amendment Act 1971) by section 2(2)(a) of the Niue Amendment Act 1974.
652 Cabinet of Ministers to decide what articles come under this Part In case any dispute arises as to whether any article or thing comes within the scope of this Part of this Act, that dispute shall be determined by the Cabinet of Ministers, whose deci­ sion thereon shall be ﬁnal.
Compare: 1950 No 92 s 9; 1965 No 1 s 3(2) The reference to the Cabinet of Ministers was substituted for a reference to the Executive Committee (as substituted by section 26(i) of the Niue Amendment Act 1971) by section 2(2)(a) of the Niue Amendment Act 1974.

653 Section 653 was repealed by section 26(j) of the Niue Amendment Act 1971.

Part 30 Customs 654 Customs Act 1966 in force in Niue (1) Subject to the provisions of this Part of this Act, the Customs Act 1966 shall be in force in Niue.
The application of that Act to Niue shall be subject to the fol­ lowing provisions: (a) All references to New Zealand shall, except where a contrary intention appears, be read and construed as being references to Niue, and New Zealand shall be deemed to be a country outside Niue: (b) All references to the Tariff shall be read and construed as references to the Tariff as modiﬁed or substituted in relation to Niue by an Order in Council made under section 655 of this Act: All references to the Minister of Customs shall be read and construed as references to the Minister of Foreign Affairs: (c) (d) All references to the Comptroller of Customs or to Col­ lectors of Customs or to Customs Ofﬁcers shall be read (2) 200 Reprinted as at 3 September 2007 Niue Act 1966 Part 30 s 656 and construed as references to persons holding corres­ ponding positions in the Niue Public Service.
Compare: 1913 No 63 s 297 In subsection (2)(c) the reference to the Minister of Foreign Affairs was substi­ tuted for a reference 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 Niue Amendment Act (No 2) 1974.

Subsection (2)(d) was inserted by section 28 Niue Amendment Act 1971.
655 Niue Assembly may modify Tariff or substitute new Tariff (1) Notwithstanding anything in the Customs Act 1966, the Niue Assembly may from time to time, by Act, modify the Tariff (in this section referred to as the New Zealand Tariff) in its application to goods imported into Niue or substitute a new Tariff applying to such goods, but, subject to the provisions of subsection (2) of this section, no such modiﬁcation or new Tariff shall have the effect of imposing higher duties than those imposed by the New Zealand Tariff.
(2) Where in any such modiﬁcation of the New Zealand Tariff or in any such substituted new Tariff any item applies to goods described in one or more items of the New Zealand Tariff, no such item of the New Zealand Tariff as so modiﬁed or in the substituted Tariff shall have the effect of imposing duties in excess of the highest duties imposed in respect of those items by the New Zealand Tariff.
The powers conferred by subsection (1) of this section shall be deemed to include power to amend or revoke any Orders in Council made under section 302 of the Customs Act 1913 and in force in Niue, whether made before or after the commence­ ment of this Act.

Compare: 1913 No 63 s 302 (3) In subsection (1) the words in square brackets were substituted for the words “the Governor­General may from time to time, by Order in Council” by section 2(1) of the Niue Amendment Act 1974.
656 Goods may be imported from New Zealand or Cook Islands free of duty (1) All goods imported into Niue from New Zealand or the Cook Islands, whether the produce or manufacture of New Zealand 201 Part 30 s 657 Niue Act 1966 Reprinted as at 3 September 2007 or the Cook Islands or not, shall be admitted into Niue free of duty.
(2) Nothing in this section shall apply to— (a) Goods in respect of which on their exportation from New Zealand or the Cook Islands any claim for draw­ back of duty has been made and allowed: (b) Goods which by reason of warehousing or for any other reason have been exported from New Zealand or the Cook Islands without payment of duty on their import­ ation into New Zealand or the Cook Islands: Goods produced in a manufacturing warehouse in New Zealand or the Cook Islands, unless they have been en­ tered in New Zealand or the Cook Islands for home con­ sumption and the duty (if any) paid thereon: (c) (d) Goods subject to any excise duty in New Zealand under the Customs Acts (as deﬁned in section 3 of the Cus­ toms Act 1966) or in the Cook Islands under the law in force in the Cook Islands, unless such duty has been paid thereon as if they had not been exported: Goods on which a rate of duty has been paid in New Zealand or the Cook Islands lower than that to which the goods are subject in Niue at the time of their importation into Niue.
Compare: 1913 No 63 s 298 (e) 657 Niue Assembly may impose duties in certain cases Notwithstanding anything in this Part of this Act or in the Cus­ toms Act 1966, there shall be chargeable on all goods which are imported into Niue from any place other than New Zealand or the Cook Islands, and which would, if imported into New Zealand or into the Cook Islands, as the case may be, be ad­ mitted free of duty, such ad valorem duty, not exceeding 10 percent, as the Niue Assembly from time to time, by Act, de­ termines.
Compare: 1913 No 63 s 301 The words in square brackets were substituted for the words “the Governor­ General from time to time, by Order in Council” by section 2(1) of the Niue Amendment Act 1974.
202 Reprinted as at 3 September 2007 Niue Act 1966 Part 31 s 659 658 Actions and prosecutions in relation to Niue (1) All actions and other proceedings, whether civil or criminal, under the Customs Act 1966 in relation to goods imported into Niue or in relation to any offence committed or cause of action arising in Niue may be instituted and taken either— (2) (3) 659 (b) (a) Subject to any restrictions imposed by Act, in the High Court of Niue, and that Court shall have jurisdiction accordingly.
For the purpose of any such proceedings in the High Court, all references in the Customs Act 1966 to the High Court shall be read as references to the High Court.

Compare: 1913 No 63 s 308 In subsection (1)(b) the word “Act” was substituted for the words “regulations under this Act” by section 2(1) of the Niue Amendment Act 1974.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Subsection (1)(a) was repealed, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27).

Subsection (3) was repealed by section 2(1) Niue Amendment Act 1974.
Part 31 The Niue Public Service Interpretation In this Part of this Act, unless the context otherwise requires,— Employee means a person employed in the Niue Public Ser­ vice New Zealand controlling authority means, in respect of a person employed in any branch of the New Zealand Govern­ ment Service to which the State Services Act 1962 applies, the Commission, and, in respect of a person employed in any other branch of the New Zealand Government Service, the Minister in charge of that branch New Zealand Government Service means the service of Her Majesty in respect of the Government of New Zealand, not be­ ing honorary service; and includes service which is education 203 Part 31 s 660 Niue Act 1966 Reprinted as at 3 September 2007 service within the meaning of the Government Superannuation Fund Act 1956.
New Zealand Government Service: the reference to the Government Super­ annuation Fund Act 1956 was substituted for a reference to the former Super­ annuation Act 1956 by section 3(3) of the Government Superannuation Fund Amendment Act 1976.

Compare: 1957 No 103 s 76; 1965 No 1 s 3(1) 660 Appointments of employees (1) Subject to the provisions of this Act, the Commission may ap­ point to the Niue Public Service such employees as it considers necessary.
(3) (2) Notwithstanding anything to the contrary in any other Act, all employees of the Niue Public Service shall be appointed by the Commission, and, subject to the provisions of any regulations made under section 665 of this Act, shall hold ofﬁce subject to such conditions as may from time to time be prescribed or determined by the Commission.
In case of the absence from duty of any employee (from what­ ever cause arising) or on the occurrence from any cause of a vacancy in any position in the Niue Public Service (whether by reason of death, resignation, or otherwise), and from time to time while the absence or vacancy continues, all or any of the powers and duties of the employee or pertaining to the pos­ ition may be exercised and performed by any other employee for the time being directed by the Commission to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
(4) No such direction and no acts done by any employee acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the em­ ployee had not been appointed to any position to which the direction relates.
Compare: 1957 No 103 s 77; 1965 No 1 s 3(2) 661 Exemptions (1) The Cabinet, on the recommendation of the Commission, may, by notice in the Niue Gazette, declare that any speciﬁed pos­ 204 Reprinted as at 3 September 2007 Niue Act 1966 Part 31 s 662 (2) (3) ition or class of position in the Niue Public Service shall cease to be a position in that Service, and thereupon any person then holding that position or any position in that class shall cease to be an employee of the Niue Public Service, and shall there­ after hold his appointment during the pleasure of the Cabinet and upon such terms and conditions as the Cabinet directs from time to time.
If any position to which a declaration under subsection (1) of this section refers is vacant at the time the declaration comes into force or thereafter becomes vacant, any appointment thereto shall be made by the Cabinet, and shall continue during the pleasure of the Cabinet and upon such terms and conditions as the Cabinet directs from time to time.
The Cabinet on the recommendation of the Commission, may, by notice in the Niue Gazette, revoke any declaration made under this section in whole or in part, and thereupon the person then holding any position in respect of which the declaration was so revoked shall, if his appointment is conﬁrmed by the Commission, be deemed to have been duly appointed thereto by the Commission, and shall hold ofﬁce as an employee of the Niue Public Service.
Compare: 1957 No 103 s 78; 1965 No 1 s 3(2) Subsection (1): the words in the ﬁrst set of square brackets were substituted for the words “The Governor­General in Council, on the recommendation of the Commission, may” by section 2(1) of the Niue Amendment Act 1974.

Subsections (1) and (2): the words “the Cabinet”, wherever they occur, were substituted for the words “the Minister” by section 2(1) of the Niue Amendment Act 1974.
Subsection (2): the words “the pleasure of the Cabinet” were substituted for the words “his pleasure” by section 2(1) of the Niue Amendment Act 1974.

Subsection (3): the words in square brackets were substituted for the words “The Governor­General in Council, on the recommendation of the Minister may” by section 2(1) of the Niue Amendment Act 1974.
662 State Services Act 1962 not applicable Except as provided in this Part of this Act, the State Services Act 1962 shall have no application to the Niue Public Service or to employees of the New Zealand Public Service in their capacity as employees of the Niue Public Service.

205 Part 31 s 663 Niue Act 1966 Reprinted as at 3 September 2007 663 664 Section 663 was repealed by section 2(1) of the Niue Amendment Act 1974.

Section 664 was repealed by section 2(1) of the Niue Amendment Act 1974.
665 Public Service Regulations (1) The Commission may, with the approval of the Cabinet, make regulations as to the pay, allowances, discipline, control, and management of the Niue Public Service.

Any such regulations may be made either generally or with respect to any particular case or class of cases.
(2) Without limiting the generality of the powers conferred by subsection (1) of this section, the Commission may under that subsection make regulations relating to the appointment, pro­ motion, transfer, retirement, removal, suspension, and dis­ missal of employees of the Niue Public Service, including the review of or appeals against any decisions in relation thereto.
(3) Without limiting any other powers of the Commission, the Commission may afﬁx to breaches of any regulations under this section or prescribe for offences against discipline a ﬁne not exceeding $20 according to the nature and gravity of the offence; and those ﬁnes shall be recoverable by deduction from salary or otherwise.
(4) Any regulation made under this section shall come into force on a date to be speciﬁed therein in that behalf (whether before or after the date on which it is made), and if no such date is speciﬁed shall come into force on the date of the publication in the Niue Gazette of a notiﬁcation of the making of the regu­ lation: Provided that no provision of any regulation imposing any li­ ability or disability shall come into operation before the date on which the regulation is made.
(5) No regulation made under this section shall be held to be in­ valid on the ground that it confers any discretionary author­ ity on the Commission or on any person, or that it authorises the Commission or any person to determine the conditions on which leave of absence may be approved or allowances paid or any conditions of service not inconsistent with this Act, or 206 Reprinted as at 3 September 2007 Niue Act 1966 Part 31 s 667 that it leaves any matter to be determined, applied, dispensed with, prohibited, or regulated by the Commission or by any person from time to time by instruction, either generally or for any classes of case or in any particular case.
Compare: 1957 No 103 s 82; 1965 No 1 s 3(2) In subsection (1) the word “Cabinet” was substituted for the word “Governor­ General”, and in subsection (4) the words “Niue Gazette” were substituted for the words “New Zealand Gazette”, by section 2(1) Niue Amendment Act 1974.

666 Payment of salary and allowances (1) Subject to the provisions of any regulations made under sec­ tion 665 of this Act, employees of the Niue Public Service shall receive such pay and allowances as the Commission thinks ﬁt.
The pay and allowances of employees of the Niue Public Ser­ vice shall be paid from the Niue Government Account out of money appropriated by the Niue Assembly.

Compare: 1957 No 103 s 83; 1965 No 1 s 3(2) (2) In subsection (2) the reference to the Niue Government Account was substituted for a reference to the Niue Assembly Account by section 2(2)(f) of the Niue Amendment Act 1974, and the reference to the Niue Assembly was substituted for a reference to the Island Assembly by section 2(2)(d) of that Act.
667 Bonds and deeds of covenant by employees or prospective employees (1) An employee or prospective employee to whom money is ad­ vanced or on whose behalf expenditure is incurred with the approval of the Commission in connection with transporta­ tion, education, training, or sustenance, or for any other spe­ cial purpose, may be required, as a condition of that advance or expenditure, to sign a bond in a form to be determined by the Commission requiring him to pay to the Crown the sum therein speciﬁed if he makes default in the performance of any condition of the bond.
The Commission, instead of requiring a bond as aforesaid, may require the employee or prospective employee to sign a deed of covenant whereby he covenants to repay to the Crown all money so advanced to him or expenditure so incurred on his behalf, up to a maximum amount speciﬁed in the deed of covenant, if he fails to render service in accordance with the provisions of the deed of covenant.
(2) 207 Part 31 s 668 Niue Act 1966 Reprinted as at 3 September 2007 (3) (4) (5) The amount of any such bond or, as the case may be, the maxi­ mum amount payable under any such deed of covenant shall be reduced during the currency thereof by an amount equiva­ lent to the proportion that the service rendered by the employee or prospective employee in accordance with the condition of the bond or the provisions of the deed of covenant bears to the full period of service required for the discharge of the bond or deed of covenant.
The Commission may require that such a bond or deed of covenant shall also be signed by a parent or guardian, or by some other person approved by the Commission, as surety, or the Commission may accept any other security offered by the employee or prospective employee.

The parent or guardian or person who signs such a bond or deed of covenant shall be jointly and severally liable thereunder.
Every such bond or deed of covenant shall be enforceable against the employee or prospective employee and the surety who signs it, notwithstanding anything in any enactment or rule of law; and the amount of the bond or, as the case may be, the amount payable under the deed of covenant, subject to any deduction pursuant to subsection (3) of this section, shall be recoverable as liquidated damages.
Compare: 1957 No 103 s 83A; 1962 No 40 s 17; 1965 No 1 s 3(2) 668 Concurrent ofﬁces An employee of the Niue Public Service may hold concur­ rently any ofﬁces, whether judicial or administrative, to which he may be appointed.
Compare: 1957 No 103 s 84 669 Employment in New Zealand Government Service and Niue Public Service (1) Any person permanently employed in the New Zealand Gov­ ernment Service may, with the consent of the New Zealand controlling authority, be appointed to any position in the Niue Public Service in all respects as if he were an employee thereof; but, until he is appointed to a position in the Niue Public Service, no such person shall have any right of appeal against any determination of the Commission in relation to 208 Reprinted as at 3 September 2007 Niue Act 1966 Part 31 s 669 any appointment, promotion, or transfer in or to the Niue Public Service.
(2) Any person permanently employed in the Niue Public Ser­ vice may be appointed to any position in the New Zealand Government Service in all respects as if he were permanently employed therein; but, until he is appointed to a position in the New Zealand Government Service, no such person shall have any right of appeal against any determination of the New Zealand controlling authority in relation to any appointment, promotion, or transfer in the New Zealand Government Ser­ vice.
(3) Any person appointed to a position in the Niue Public Service under subsection (1) of this section or to a position in the New Zealand Government Service under subsection (2) of this sec­ tion may hold positions concurrently in both services, and in such a case— (a) His status, rights, and liabilities in each service shall be unaffected by the fact that he holds a position in the other service; and In respect of each position he shall be subject to the laws governing the service to which that position belongs, ir­ respective of his tenure of a position in the other service; and He shall in respect of each service be qualiﬁed for pro­ motion, increase of salary, and appointment to any other position as if he held no position in the other service.
(b) (c) (4) So long as any person so holds positions concurrently in both services, he shall be deemed to be absent on leave without pay from the New Zealand Government Service or, as the case may be, from the Niue Public Service, unless the New Zealand controlling authority or, as the case may be, the Commission otherwise directs.
(5) When an employee of the New Zealand Government Service is appointed to a position in the Niue Public Service, and then or thereafter ceases to hold a position in the New Zealand Gov­ ernment Service, he shall not be deemed for that reason to have retired from the New Zealand Government Service, but shall become a supernumerary employee of that service, and, unless he sooner resigns from the New Zealand Government 209 Part 31 s 670 Niue Act 1966 Reprinted as at 3 September 2007 Service, shall so remain until he ceases to be employed in the Niue Public Service and for such further period, not exceeding 6 months, as the New Zealand controlling authority may from time to time in any case allow.
(6) When an employee of the Niue Public Service is appointed to a position in the New Zealand Government Service, and then or thereafter ceases to hold a position in the Niue Public Service, he shall not be deemed for that reason to have retired from the Niue Public Service, but shall become a supernumerary em­ ployee of that service, and, unless he sooner resigns from the Niue Public Service, shall so remain until he ceases to be em­ ployed in the New Zealand Government Service and for such further period, not exceeding 6 months, as the Commission may from time to time in any case allow.
(7) A supernumerary employee shall receive no pay in respect of the service of which he is a supernumerary employee, but shall for all other purposes be deemed to remain an employee of that service.
(8) Any employee of the Niue Public Service may, with the con­ sent of the New Zealand controlling authority, be attached to the New Zealand Government Service for training or experi­ ence, and during the period of his service in New Zealand that employee shall be paid such salary and allowances as may be determined by the New Zealand controlling authority.
Compare: 1957 No 103 s 85; 1962 No 40 s 18; 1965 No 1 s 3(2) 670 Contribution to Government Superannuation Fund by employees of the Niue Public Service The provisions of subsections (2) and (3) of section 50 of the Government Superannuation Fund Act 1956 shall not apply to any permanent employee of the Niue Public Service who was not ordinarily resident in Niue immediately before his appoint­ ment to the Niue Public Service, or, in the case of an appoint­ ment made before the commencement of this Act, to the Cook Islands Public Service, unless at any time, by notice in writing to the Government Superannuation Fund Authority, he elects to become a contributor to that Fund; and, if he so elects,— (a) He shall be a contributor to that Fund from the dates speciﬁed in subsection (2) or subsection (3), as the case (1) 210 Reprinted as at 3 September 2007 Niue Act 1966 Part 31 s 670 may be, of the said section 50, or from such date as he may elect pursuant to the provisions of section 22 of the Government Superannuation Fund Act 1956; and (b) He shall have the right, pursuant to section 28 of that Act, to cease to be a contributor.
(2) While any employee to whom subsection (1) of section 669 of this Act applies holds positions concurrently in both ser­ vices, or is a supernumerary employee of the New Zealand Government Service in accordance with the provisions of sub­ section (5) of that section, and is a contributor to the Gov­ ernment Superannuation Fund, the salary together with incre­ ments, if any, that in the opinion of the New Zealand control­ ling authority he would have been entitled to receive in respect of his employment in the New Zealand Government Service had he not been appointed to the Niue Public Service shall be deemed to be his salary for the purposes of the Government Superannuation Fund Act 1956: Provided that, when any such employee has held a position in the Niue Public Service for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or, if he is transferred to or returns to employment in the New Zealand Government Ser­ vice, within one year after the termination of service in Niue, elect to contribute on the salary received by him in respect of his employment in the Niue Public Service (exclusive of any special allowance received by him in respect of his residence in Niue) with effect from the date of his appointment in the last­mentioned service.
For the purposes of the proviso to subsection (2) of this sec­ tion, an appointment to a position in the Cook Islands Public Service in relation to the Government of Niue made before the commencement of this Act shall be deemed to be an appoint­ ment to the Niue Public Service, and service in that position before the commencement of this Act shall be deemed to be service in a position in the Niue Public Service.
(3) (4) While any person to whom subsection (2) of section 669 of this Act applies holds positions concurrently in both services or is a supernumerary employee of the Niue Public Service under subsection (6) of that section, or is attached to the New 211 Part 31 s 670 Niue Act 1966 Reprinted as at 3 September 2007 Zealand Government Service under subsection (8) of that sec­ tion, the salary together with increments, if any, that in the opinion of the Commission he would have been entitled to re­ ceive in respect of his employment in the Niue Public Service had he not been appointed to a position in or been attached to the New Zealand Government Service shall be deemed to be his salary for the purposes of the Government Superannuation Fund Act 1956: Provided that, when any such employee has held a position in the New Zealand Government Service for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or, if he is transferred to or returns to employment in the Niue Public Service, within one year after the termination of service in New Zealand, elect to contribute on the salary received by him in respect of his employment in the New Zealand Government Service with effect from the date of his appointment in the last­mentioned service.
(5) Upon any such election, there shall be payable by the em­ ployee to the Fund, within such time and in such manner as the Government Superannuation Fund Authority determines, such sum as that Authority ﬁxes in respect of the excess of his salary during the past period as an employee of the Cook Is­ lands Public Service or of the Niue Public Service or of the New Zealand Government Service, as the case may be, over the amount deemed to be his salary during that period under the foregoing provisions of this subsection.
In this section the term employee includes— (a) A Judge of the High Court: (b) A Judge of the Land Court: (c) (6) The holder of any position speciﬁed in a declaration made pursuant to section 661 of this Act: The holder of any position speciﬁed in a notice given in relation to the Government of Niue pursuant to paragraph (e) of subsection (9) of section 50 of the Government Superannuation Fund Act 1956 (as en­ acted by section 2 of the Government Superannuation Fund Amendment Act 1958).
(d) Compare: 1957 No 103 s 85A; 1962 No 40 s 19(1); 1965 No 1 s 3(2) 212 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 672 Subsections (1), (2) and (4): the references to the Government Superannuation Fund Act 1956 and the Government Superannuation Fund Amendment Act 1958 were substituted for references to the former Superannuation Act 1956 and Superannuation Amendment Act 1958 by section 3(3) of the Government Superannuation Fund Amendment Act 1976.
Subsection (1) was amended, as from 2 October 2001, by section 40 Gov­ ernment Superannuation Fund Amendment Act 2001 (2001 No 47), by substituting the words “the Government Superannuation Fund Authority” for the words “the Superintendent of the Government Superannuation Fund”.

See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001.
See section 28 Government Superannuation Fund Amendment Act 2001, which allows the minister to enter into transitional agreements.

See Part 2 of that Act as to various miscellaneous provisions.
Subsection (5) was amended, as from 1 October 1995, by section 31 Govern­ ment Superannuation Fund Amendment Act 1995 (1995 No 28) by substituting the words “the Superintendent of the Government Superannuation Fund deter­ mines, such sum as the Superintendent ﬁxes” for the words “the Government Superannuation Board determines, such sum as the Board ﬁxes”.
Subsection (5) was amended, as from 2 October 2001, by section 40 Govern­ ment Superannuation Fund Amendment Act 2001 (2001 No 47) by substitut­ ing the words “the Government Superannuation Fund Authority determines, such sum as that Authority” for the words “the Superintendent of the Gov­ ernment Superannuation Fund determines, such sum as the Superintendent”.
See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001.

See section 28 Government Superannuation Fund Amendment Act 2001, which allows the minister to enter into transitional agreements.

See Part 2 of that Act as to vari­ ous miscellaneous provisions.
Subsection (6)(dd): the references to the Government Superannuation Fund Act 1956 and the Government Superannuation Fund Amendment Act 1958 were substituted for references to the former Superannuation Act 1956 and Super­ annuation Amendment Act 1958 by section 3(3) of the Government Superannu­ ation Fund Amendment Act 1976.

Section 671 was repealed by section 17 of the Tokelau Islands Amendment Act 1967.
Part 32 The laws of Niue: general provisions Application of the laws of New Zealand 672 Law of England as in the year 1840 to be in force in Niue 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 213 671 Part 32 s 673 Niue Act 1966 Reprinted as at 3 September 2007 Zealand was established) shall be in force in Niue, save so far as inconsistent with this Act or inapplicable to the circum­ stances of Niue: 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 Niue, unless and except so far as it is in force in Niue at the commencement of this Act.
Compare: 1915 No 40 s 615 673 Jurisdiction of the High Court For the purposes of section 672 of this Act, all rules of common law or equity relating to the jurisdiction of the superior Courts of common law and of equity in England shall be construed as relating to the jurisdiction of the High Court of Niue.
Compare: 1915 No 40 s 616 674 Common law and equity to be administered concurrently All Courts in Niue shall within the limits of their jurisdiction administer common law and equity concurrently, and in all cases in which there is any conﬂict between common law and equity with reference to the same matter the rules of equity shall prevail.
Compare: 1915 No 40 s 617 675 Statute law of New Zealand not applicable to Niue 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 Niue.
Compare: 1915 No 40 s 618 676 When enactment in force in Niue, amendments and regulations to be in force also Subject to Article 36 of the Constitution, when any enactment of the Parliament of New Zealand is in force in Niue, every existing or future amendment of that enactment, and all exist­ ing or future regulations, rules, Orders in Council, and other acts of authority in force under any such enactment and every enactment passed in substitution for any such enactment, shall, as far as applicable and with all necessary modiﬁcations, be (1) 214 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 679 or become also in force therein, except where otherwise ex­ pressly provided.
(2) Notwithstanding anything in this section, but subject to Article 36 of the Constitution, rules of Court in force in New Zealand under any enactment which is in force in Niue shall not them­ selves be in force in Niue, unless it is expressly so provided.
Compare: 1915 No 40 s 619; 1957 No 103 s 93(1); 1965 No 1 s 3(1) In subsection (1) the words in the ﬁrst set of square brackets were inserted by section 2(1) of the Niue Amendment Act 1974, and the words in the second set of square brackets were inserted by section 12 of the Niue Amendment Act 1970.

In subsection (2) the words in square brackets were inserted by section 2(1) of the Niue Amendment Act 1974.
677 Other enactments in force in Niue to be read subject to this Act Except where otherwise expressly provided, every enactment of the Parliament of New Zealand which by virtue of this Act or any other enactment is in force in Niue, and all regulations, rules, Orders in Council, and other acts of authority under that enactment that are in force in Niue, shall in their application to Niue be read subject to the provisions of this Act, and subject also to all modiﬁcations necessary for such application.
Compare: 1915 No 40 s 620; 1957 No 103 s 93(2) The words “other enactment” were substituted for the words “other Act” by section 13 of the Niue Amendment Act 1970.
678 Criminal procedure in Niue In every enactment in force in Niue, every reference to the trial of offences by way of indictment or by way of summary proceedings shall, in the application of that enactment to Niue, be construed as a reference to the trial of such offences by the High Court in the ordinary course of its criminal jurisdiction and procedure.

Compare: 1915 No 40 s 621.

The Acts Interpretation Act 1924 shall be in force in Niue.
679 Acts Interpretation Act in force in Niue (1) (2) Notwithstanding anything to the contrary in the Acts Interpret­ ation Act 1924, the term New Zealand as used in any Act, 215 Part 32 s 680 Niue Act 1966 Reprinted as at 3 September 2007 (3) whether now in force in New Zealand or hereafter to be passed, shall not include Niue, except where a contrary intention ap­ pears.
The Acts Interpretation Act 1924 shall, so far as applicable and subject to this Act, apply to all Ordinances in the same manner as to Acts of Parliament.

Compare: 1915 No 40 s 622; 1965 No 1 s 3(1) 680 Administration Act in force in Niue (1) The Administration Act 1969 shall, subject to this Act, be in force in Niue, with the following modiﬁcations.
Every reference in that Act to New Zealand shall be read as a reference to Niue, and every reference therein to the High Court shall be read as a reference to the High Court.

The provisions of the said Act as to Public Trust shall not be in force in Niue.

(2) (3) (4) All rules of practice and procedure which by the said Act may be made in accordance with the Judicature Act 1908 may be made in the same manner as other rules of the practice and procedure of the High Court.
Compare: 1915 No 40 s 623 In subsection (1) the Administration Act 1969 has been substituted for the re­ pealed Administration Act 1952.

Subsection (3) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust” for the words “the Public Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

681 Arbitration Act in force in Niue (1) The Arbitration Act 1908 shall be in force in Niue, 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 Niue.
(2) 216 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 684 (3) Rules for the purpose of giving effect to that Act in the High Court may be made in the same manner as other rules regulat­ ing the practice and procedure of that Court.

Compare: 1915 No 40 s 624 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

682 Bills of Exchange Act in force in Niue (1) (2) The Bills of Exchange Act 1908 shall be in force in Niue.
In the application of that Act to Niue any reference to New Zealand shall be read as a reference to Niue.

Compare: 1915 No 40 s 625 683 Carriers Act in force in Niue (1) (2) The Carriers Act 1948, except subsection (2) of section 3, shall be in force in Niue.

In that Act the term New Zealand shall be read as including Niue: Provided that nothing in that Act shall apply with respect to any contract for the carriage of any person or any goods be­ tween New Zealand and Niue.
Compare: 1952 No 32 s 6 683A Charitable Trusts Act in force in Niue (1) (2) The Charitable Trusts Act 1957 shall be in force in Niue.

In that Act the term New Zealand shall, both in New Zealand and in Niue, be read as including Niue.

Section 683A was inserted by section 5 of the Niue Amendment Act 1968.

(2) 684 Chattels Transfer Act in force in Niue (1) The Chattels Transfer Act 1924 shall be in force in Niue, with the following modiﬁcations.
In the application of that Act to Niue, every reference to the High 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.

Compare: 1915 No 40 s 626 217 Part 32 s 684A Niue Act 1966 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).
684A Citizenship Act in force in Niue The Citizenship Act 1977 shall extend to and be in force in Niue.

Section 684A was inserted, as from 1 January 1978, by section 29(2) Citizenship Act 1977 (1977 No 61).

685 Sections 23, 25, and 26 of Control of Prices Act in force (1) (2) in Niue Sections 23, 25, and 26 of the Control of Prices Act 1947 shall be in force in Niue.
In the application of those sections to Niue, an appeal shall lie to the High Court of New Zealand from any ﬁnal judgment of the High Court under those sections.

Compare: 1921 No 14 s 14 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
686 Copyright Act in force in Niue (1) The Copyright Act 1962 shall be in force in Niue in the same manner in all respects as if Niue 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 Niue, be read as including Niue accordingly.

The High Court shall have no jurisdiction in civil proceedings under that Act.
Compare: 1915 No 40 s 627 (2) 687 Deaths by Accidents Compensation Act in force in Niue (1) The Deaths by Accidents Compensation Act 1952 shall be in force in Niue.

(2) All proceedings in Niue under that Act shall be taken and pros­ ecuted in the High Court in the ordinary course of its civil jur­ isdiction.
Compare: 1915 No 40 s 628 218 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 689A 688 Demise of the Crown Act in force in Niue (1) (2) The Demise of the Crown Act 1908 shall be in force in Niue.

The term New Zealand as used in that Act shall, both in New Zealand and in Niue, be read as including Niue.
Compare: 1915 No 40 s 629 689 Designs Act in force in Niue (1) The Designs Act 1953 shall be in force in Niue in the same manner in all respects as if Niue 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 Niue, be read as including Niue accordingly.

The High Court shall have no jurisdiction in civil proceedings under that Act.
(2) (3) All designs registered in New Zealand at the commencement of this Act shall have the same protection in Niue as in New Zealand.

Compare: 1915 No 40 s 635; 1965 No 1 s 3(1) 689A Misuse of Drugs Act in force in Niue (1) Subject to subsection (2) of this section and to the provisions of this Act, the Misuse of Drugs Act 1975 (so far as it is ap­ plicable) shall extend to and be in force in Niue.
In the application of the Misuse of Drugs Act 1975 to Niue, unless the context otherwise requires,— (a) (2) (b) Every reference in that Act to New Zealand shall be read as a reference to Niue: Every reference in section 35 of that Act to an extra­ dition treaty for the time being in force between New Zealand and any foreign country which is a party to the Single Convention on Narcotic Drugs 1961, as amended by the Protocol amending that Convention done at Geneva on 25 March 1972, or to the Conven­ tion on Psychotropic Substances 1971, shall be read as a reference to an extradition treaty for the time being in force between New Zealand and any such foreign country which extends to Niue: 219 Part 32 s 690 Niue Act 1966 Reprinted as at 3 September 2007 (c) (d) (e) (f) (g) (h) (i) Every reference in that Act to the Court, or to a Judge, or to a District Court Judge or Justice, shall be read as a reference to the High Court of Niue or a Judge of that Court or a Commissioner of that Court: Every reference in that Act to the Minister of Health shall be read as a reference to the Minister in charge of Health in Niue acting with the concurrence of the Chief Medical Ofﬁcer of Niue: Every reference in that Act to the Medical Ofﬁcer of Health shall be read as a reference to the Chief Medical Ofﬁcer of Niue: Every reference in that Act to a constable or a member of the Police shall be read as a reference to an ofﬁcer of police of the Niue Public Service: The references in section 6 of that Act to subsection (2) of section
 44 of the Criminal Justice Act 1954 shall be read as references to section 240 of the Niue Act 1966: The references in section 18 of that Act to section 198 of the Summary Proceedings Act 1957 shall be read as references to section 284 of the Niue Act 1966: The references in section 39 to the repeal of the Nar­ cotics Act 1965 and the Narcotics Amendment Act 1970 shall be read as a reference to the repeal in Niue of the Narcotics Act 1965 and the Narcotics Amend­ ment Act 1970.
Section 689A was inserted by section 41 of the Misuse of Drugs Act 1975.

See section 1(2) of that Act and SR 1977/36.

In paras (d) and (e), as to the reference to the Chief Medical Ofﬁcer of Niue, see section 18(4) of the Niue Amendment Act 1971 which states that all references to the Chief Medical Ofﬁcer shall there­ after be read as references to the Director of Health.
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).

Incorporated Societies Act in force in Niue The Incorporated Societies Act 1908 shall be in force in Niue.

In that Act the term New Zealand shall, both in New Zealand and in Niue, be read as including Niue.
Compare: 1952 No 32 s 5 690 (1) (2) 220 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 695 691 (1) (2) Industrial and Provident Societies Act in force in Niue The Industrial and Provident Societies Act 1908 shall be in force in Niue.

In the application of that Act to Niue, every reference to a District Court shall be read as a reference to the High Court.
Compare: 1948 No 78 s 57(2) 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).

692 Parts of Infants Act in force in Niue (1) Part 1 and Part 2 of the Infants Act 1908 (relating to the guardianship, custody, contracts, and wills of infants) shall be in force in Niue.

Every reference in that Act to the High Court shall, in its ap­ plication to Niue, be read as a reference to the High Court.
Compare: 1915 No 40 s 630 (2) Part 1 of the Infants Act 1908 was repealed by section 35(1) of the Guardianship Act 1968, and Part 2 of the Infants Act 1908 was repealed by section 19(1) of the Minors’ Contracts Act 1969.

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

693 Marine Insurance Act in force in Niue The Marine Insurance Act 1908 shall be in force in Niue.
Compare: 1915 No 40 s 631 694 Mercantile Law Act in force in Niue (1) (2) The Mercantile Law Act 1908 shall be in force in Niue.

Both in the application of that Act to Niue and in its application to New Zealand the term New Zealand as used in that Act shall be deemed to include Niue as being part of New Zealand.
Compare: 1915 No 40 s 632 695 Merchandise Marks Act in force in Niue (1) The Merchandise Marks Act 1954 shall be in force in Niue in all respects as if Niue 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 Niue, be read as including Niue accordingly.

221 Part 32 s 696 Niue Act 1966 Reprinted as at 3 September 2007 (2) The High Court shall have no jurisdiction in civil proceedings under that Act.
Compare: 1915 No 40 s 635; 1965 No 1 s 3(1) 696 Occupiers Liability Act in force in Niue The Occupiers Liability Act 1962 shall be in force in Niue.

697 Partnership Act in force in Niue (1) (2) The Partnership Act 1908 shall be in force in Niue.

In the application of that Act to Niue— (a) Every reference to the High 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.
(b) Compare: 1915 No 40 s 634 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

698 Patents Act in force in Niue (1) The Patents Act 1953 shall be in force in Niue in the same manner in all respects as if Niue 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 Niue, be read as including Niue accordingly.
The High Court shall have no jurisdiction in civil proceedings under that Act.

(2) (3) All patents in force in New Zealand at the commencement of this Act shall extend to and be in force in Niue in the same manner as in New Zealand.
Compare: 1915 No 40 s 635; 1965 No 1 s 3(1) 699 Post Ofﬁce Act in force in Niue (1) The Post Ofﬁce Act 1959, except Parts 13 to 16, shall be in force in Niue in the same manner in all respects as if Niue were for all purposes part of New Zealand, subject to the following modiﬁcations.

(2) All powers conferred upon a District Court Judge by that Act may be exercised in Niue by the High Court.
222 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 702 (3) The term New Zealand as used in that Act shall, both in New Zealand and in Niue, be read as including Niue.

Compare: 1915 No 40 s 636 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).

700 Property Law Act in force in Niue (1) (2) The Property Law Act 1952 shall be in force in Niue.
In the application of that Act to Niue— (a) Every reference to the High 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 Niue: Every reference to a Registrar of the High Court shall be read as a reference to the Registrar of the High Court.
(b) (c) (d) Compare: 1915 No 40 s 637 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

701 Sale of Goods Act in force in Niue The Sale of Goods Act 1908 shall be in force in Niue.

Compare: 1915 No 40 s 638 701A Seal of New Zealand Act in force in Niue The Seal of New Zealand Act 1977 shall extend to and be in force in Niue.
Section 701A was inserted, as from 28 February 1977, by section 7(2) Seal of New Zealand Act 1977 (1977 No 1).

702 Trade Marks Act in force in Niue (1) The Trade Marks Act 1953 shall be in force in Niue in the same manner in all respects as if Niue 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 Niue, be read as including Niue accordingly.
223 Part 32 s 703 Niue Act 1966 Reprinted as at 3 September 2007 (2) The High Court shall have no jurisdiction in civil proceedings under that Act.

(3) All trade marks registered in New Zealand at the commence­ ment of this Act shall have the same protection in Niue as in New Zealand.

Compare: 1915 No 40 s 635; 1965 No 1 s 3(1) 703 Trustee Act in force in Niue (1) (2) (3) The Trustee Act 1956 shall be in force in Niue, subject to the following modiﬁcations.
Every reference in that Act to New Zealand shall be read as a reference to Niue, and every reference to the High Court shall be read as a reference to the High Court.

Every reference in that Act to the Registrar of the High Court for any judicial district shall be read as a reference to the Regis­ trar of the High Court.

Compare: 1915 No 40 s 639 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
704 Wills Act Amendment Act 1852 in force in Niue The Imperial Act the Short Title of which is the Wills Act Amendment Act 1852 (15 and 16 Victoria, chapter 24) shall be in force in Niue.

Compare: 1915 No 40 s 640 705 Merchant Shipping Act (UK) not to apply to Niue (1) It is hereby declared that the United Kingdom Merchant Ship­ ping Act does not form part of the law of Niue.
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.
Compare: 1915 No 40 s 640A; 1962 No 40 s 13 (2) 224 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 708 706 Limitation of actions (1) (2) The law of Niue as to prescription and the limitation 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 Niue be deemed to be parts beyond the seas, and Niue shall in New Zealand be deemed to be parts beyond the seas.
(3) No right, title, estate, or interest in Niuean land shall be ac­ quired or lost by prescription or limitation.

Compare: 1915 No 40 s 641 Miscellaneous rules of law (2) 707 Legal status of married women (1) Save where otherwise provided by this Act, the legal capacity of a married woman, whether contractual, proprietary, testa­ mentary, or of any other kind whatsoever, shall be the same as that of an unmarried woman.
Save in respect of intestate succession, marriage shall not con­ fer on either party thereto any rights to or in respect of the property of the other.

The rule of the common law that for certain purposes a hus­ band and wife are deemed to be one person only is hereby abolished for all purposes, including the law of domicile.

(4) A husband shall not be responsible, as such, for torts commit­ (3) ted by his wife.
(5) Nothing in this section shall affect the validity or operation of a restraint on anticipation.
Compare: 1915 No 40 ss 529, 642 708 Legitimacy (1) Every person, whether born before or after the commencement of this Act, and whether born in Niue or not, and whether or not his parents or either of them were domiciled in Niue at the time of his birth, shall for all the purposes of the law of Niue be deemed to be the legitimate child of each of his parents, and all other relationships in respect of that person shall be deemed to be traced through lawful wedlock accordingly.
225 Part 32 s 709 Niue Act 1966 Reprinted as at 3 September 2007 (2) The provisions of this section— (a) In so far as it affects wills, shall have effect only in re­ lation to the wills of testators who die after the com­ mencement of this Act; and In so far as it affects instruments other than wills, shall have effect only in relation to instruments executed after the commencement of this Act.
(b) (3) All wills of testators who have died before the commencement of this Act, and all other instruments executed before the com­ mencement of this Act, shall be governed by the enactments and rules of law which would have applied to them if this Act had not been passed.
The estates of all persons who have died intestate as to the whole or any part thereof before the commencement of this Act shall be distributed in accordance with the enactments which would have applied to them if this Act had not been passed.
(4) (5) No action shall lie against any executor or administrator or trustee of the estate of any person who dies after the com­ mencement of this Act or the trustee under any instrument executed after the commencement of this Act by any person whose relationship to the deceased or to any other person or, as the case may be, to the settlor or to any other person is in any degree traced otherwise than through lawful wedlock, by reason of the executor or administrator or trustee having made any distribution of the estate or trust disregarding the claims of the person so related where at the time of making the distri­ bution the executor, administrator, or trustee had no notice of the relationship of that person to the deceased or the settlor or any other person.
Joint liability A judgment against one or more of several persons jointly or jointly and severally liable shall not operate as a bar or defence to an action or other proceeding against any of those persons against whom judgment has not been recovered, except to the extent to which the judgment has been satisﬁed, any rule of law notwithstanding.
Compare: 1915 No 40 s 643 709 226 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 713 710 Contracts of guarantee No special promise by any person to answer for the debt, de­ fault, or miscarriage of another person, being in writing and signed by the party to be charged therewith or some other per­ son lawfully authorised by him, shall be deemed invalid to support an action or other proceedings to charge the person by whom the promise was made by reason only that the con­ sideration for the promise does not appear in writing or by ne­ cessary inference from a written document.
Compare: 1915 No 40 s 644 711 Contracts (1) The jurisdiction of the High Court or of any other Court in Niue to enforce any contract made by a Niuean (other than a contract of alienation of Niuean land duly conﬁrmed by the Land Court) shall be discretionary; and if the Court is of opin­ ion, having regard to the interests of the Niuean, that the con­ tract 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.
Section 4 of the Statute of Frauds 1677 of the Parliament of England shall cease to be in force in Niue, except in respect of contracts made before the commencement of this Act.

Compare: 1915 No 40 s 645 (2) 712 Securities given by Niueans No security given by a Niuean 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.
Compare: 1915 No 40 s 646 713 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.
Compare: 1915 No 40 s 647 227 Part 32 s 714 Niue Act 1966 Reprinted as at 3 September 2007 714 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.
Compare: 1915 No 40 s 648 715 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.
Compare: 1915 No 40 s 649 (2) 716 Libel and slander actionable without proof of special (1) (2) damage In any action in the High Court for defamation (whether libel or slander), it shall not be necessary to allege or prove special damage.
This section applies for the purposes of any proceedings where the cause of action has arisen after the commencement of this Act, but does not affect any proceedings where the cause of action arose before the commencement of this Act, whenever the proceedings were commenced.
717 Calendar of Niue The calendar in Niue shall be one day behind the calendar in New Zealand, so that the 1st day of January in Niue 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 Niue 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.
Compare: 1915 No 40 s 650 228 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 721 718 Time of day in Niue The hour of the day in Niue shall be determined as if that island were situated on the meridian 165 degrees west of Greenwich.
Compare: 1915 No 40 s 651(2); 1962 No 40 s 14 719 Statutory references to time All references to time in any enactment in force or which may hereafter be in force in Niue shall in respect of the application of that enactment to Niue be construed in accordance with the calendar of Niue as established by this Act.
Compare: 1915 No 40 s 652 720 Statutory declarations (1) Any Judge or Commissioner of the High Court or the Land Court, the Registrar of the High Court or of the Land Court, any Judge of the Land Appellate Court, the Resident Commis­ sioner, the Comptroller of Customs, or any Justice of the Peace for Niue, Medical Ofﬁcer, Commissioner of the High Court, or Solicitor of the High Court, may in Niue take and receive in any matter the declaration of any person voluntarily making it before him in the form in Schedule 2 to this Act.
If any person wilfully makes a declaration that is false in any material particular, he is liable to imprisonment for a term not exceeding 2 years.

(2) (3) Any declaration made in Niue under and in accordance with this section shall be deemed to be a statutory declaration within the meaning of that term as used in any enactment in force in Niue or in New Zealand.
Compare: 1915 No 40 s 653; 1946 No 30 s 53; 1965 No 1 s 3(1) The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
721 Execution of documents in Niue for use in New Zealand Where in any enactment (whether in force in Niue 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 de­ posit in New Zealand if the execution thereof is witnessed by a notary public, Commonwealth representative, Consular of­ 229 Part 32 s 722 Niue Act 1966 Reprinted as at 3 September 2007 ﬁcer, 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 Niue, if the execution is witnessed by the Resident Commissioner or by a Judge, or Commis­ sioner, or the Registrar of the High Court.
722 Taxes on Niuean land All taxes imposed by any Act, Ordinance, or other lawful au­ thority upon Niuean land or upon any person in respect of the ownership or occupation of Niuean land shall constitute a charge upon that land.

Compare: 1915 No 40 s 654 723 Bankruptcy (1) Bankruptcy in New Zealand shall have the same effect with respect to property situated in Niue as if that property were situated in New Zealand.

(2) Nothing in this section shall apply to the interest of a Niuean in Niuean land.
Compare: 1915 No 40 s 655; 1950 No 92 s 11(3) 724 Warrants of arrest (1) Except where other provision is made by law in that behalf, any warrant for the arrest of any person in Niue may be di­ rected either to any constable or other person by name, or gen­ erally to the constables of Niue.

(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 any such warrant returnable at any particular time, but it may remain in full force until executed.
Compare: 1915 No 40 s 656 (4) (5) 230 Reprinted as at 3 September 2007 Niue Act 1966 Part 32 s 728 725 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.
Compare: 1915 No 40 s 657 Miscellaneous provisions 726 Banking (1) (2) It shall not be lawful for any person, ﬁrm, or company to carry on the business of banking in Niue, except under the authority of an Act and in accordance with the terms and conditions prescribed by that Act.

It shall not be lawful for any bank to issue bank notes in Niue.
Compare: 1921 No 14 s 13 In subsection (1) the word “Act” was substituted for the words “Order in Coun­ cil”, and the words “that Act” were substituted for the words “that order”, by section 2(1) of the Niue Amendment Act 1974.
727 Sale of island products by Cabinet of Ministers on behalf of planters The Niue Assembly may, by Act, provide for the making of agreements between the Cabinet of Ministers and any planters in Niue for the sale by the Cabinet of Ministers on behalf of those planters of copra and other products of Niue, and for the carrying out and enforcing of such agreements.
Compare: 1921 No 14 s 15; 1965 No 1 s 3(1) The words in the ﬁrst set of square brackets were substituted for the words “Without limiting the power to make regulations conferred by section 49 of this Act, regulations may be made under that section providing” by section 2(1) of the Niue Amendment Act 1974.

The references to the Cabinet of Ministers, wherever they occur, were substi­ tuted for references to the Resident Commissioner by section 2(2)(c) of the Niue Amendment Act 1974.
Oath of allegiance and judicial oath 728 Certain ofﬁcers to take Oath of Allegiance and Judicial (1) Oath The oath in this section referred to as the Oath of Allegiance shall be in the form following, that is to say: 231 Part 32 s 728 Niue Act 1966 Reprinted as at 3 September 2007 , swear that I will be faithful and bear true alle­ “I, giance to Her [or His] Majesty [Specify the name of the reign­ ing 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, according to law, in the ofﬁce of; and I will do right to all manner of people after the laws and usages of Niue, 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 section, omitting any words of imprecation or calling to witness.
The Oath of Allegiance and the Judicial Oath shall be taken, before performing the functions of his Ofﬁce as a District Court Judge, by every person holding ofﬁce by virtue of which he is a District Court Judge within the meaning of section 247 of this Act (being a person appointed to that ofﬁce after the commencement of this Act but not being a Judge of the Land Court or of the Land Appellate Court).
The oaths to be taken under this section shall be taken before the Chief Justice or any other Judge of the High Court or the Premier.
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 it, and if he has not entered on his ofﬁce be disqualiﬁed from entering on (2) (3) (4) (5) (6) (7) 232 Reprinted as at 3 September 2007 Niue Act 1966 Part 33 s 729 it; but no person shall be compelled in respect of the same ap­ pointment 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.
Compare: 1915 No 40 s 657A; 1957 No 103 s 94; 1965 No 1 s 3(1) Subsections (5) and (6) were substituted by section 2(1) Niue Amendment Act 1974.

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).
Part 33 Transitional provisions, savings, and consequential amendments 729 Cook Islands Act and amendments not to apply to Niue (1) The enactments speciﬁed in Schedule 3 to this Act shall as from the commencement of this Act cease to extend to or be in force in Niue.
(2) Notwithstanding anything in subsection (1) of this section, all regulations, rules, orders, Proclamations, and other acts of au­ thority made or issued under any of the enactments speciﬁed in Schedule 3 to this Act which immediately before the com­ mencement of this Act had effect as part of the law of Niue shall after the commencement of this Act continue to have effect as part of the law of Niue as if they had been made under the corresponding provisions of this Act, but the Gov­ ernor­General may, by Order in Council, declare that any such regulations, rules, orders, Proclamations, and other acts of au­ thority shall cease to have effect as part of the law of Niue, and every such declaration by the Governor­General shall have ef­ fect accordingly.
In the application to Niue of any such regulations, rules, orders, Proclamations or other acts of authority, every refer­ ence to the Cook Islands shall be construed as a reference to Niue.

Subject to the provisions of this Act, the Acts Interpretation Act 1924 shall, in relation to Niue, apply with respect to the (4) (3) 233 Part 33 s 730 Niue Act 1966 Reprinted as at 3 September 2007 enactments speciﬁed in Schedule 3 to this Act as if those en­ actments had been repealed by this Act.
730 The High Court (1) The High Court of Niue established by section 53 of this Act is hereby declared to be the same Court as the High Court of the Cook Islands established by the Constitution of the Cook Islands, and also to be the same Court as the High Court of the Cook Islands established by the Cook Islands Act 1915, in relation to the jurisdiction exercisable in Niue by the 2 last­ mentioned Courts pursuant to the Cook Islands Act 1915.
(2) All judgments, decrees, records, and acts of either of the 2 last­mentioned Courts in the exercise of its jurisdiction in Niue shall continue to have full force and effect after the commence­ ment of this Act as judgments, decrees, records, and acts of the High Court of Niue; and all proceedings, civil or criminal, pending in the High Court of the Cook Islands in the exercise of its jurisdiction in Niue immediately before the commence­ ment of this Act may be continued after the commencement of this Act in the High Court of Niue.
The rules of the High Court of the Cook Islands in force im­ mediately before the commencement of this Act, as far as they are applicable and with any necessary modiﬁcations, shall be deemed to be the rules of the High Court of Niue established by this Act as if they had been made under this Act.

Those rules may from time to time, in their application to Niue, be amended or replaced by rules made under this Act.
(3) (4) All persons holding ofﬁce immediately before the commence­ ment of this Act as Assessors of the High Court of the Cook Islands in relation to its jurisdiction in Niue shall be deemed to be Assessors of the High Court of Niue as if they had been appointed under the provisions of this Act.
731 The Land Court (1) The Land Court of Niue established by section 335 of this Act is hereby declared to be the same Court as the Land Court of the Cook Islands established by the Constitution of the Cook Islands, and also to be the same Court as the Native Land Court of the Cook Islands established by the Cook Islands Act 1915, 234 Reprinted as at 3 September 2007 Niue Act 1966 Part 33 s 732 and also to be the same Court as that which existed at the com­ mencement of the Cook Islands Act 1915 under the name of the Cook Islands Land Titles Court, in relation to the jurisdic­ tion exercisable in Niue by the 3 last­mentioned Courts pur­ suant to the Cook Islands Act 1915.
(2) All judgments, decrees, records, and acts of any of the 3 last­ mentioned Courts in the exercise of its jurisdiction in Niue shall continue to have full force and effect after the commence­ ment of this Act as judgments, decrees, records, and acts of the Land Court of Niue; and all proceedings pending in the Land Court of the Cook Islands in the exercise of that jurisdiction in Niue immediately before the commencement of this Act may be continued after the commencement of this Act in the Land Court of Niue.
The rules of the Land Court of the Cook Islands in force im­ mediately before the commencement of this Act, as far as they are applicable and with any necessary modiﬁcations, shall be deemed to be the rules of the Land Court of Niue established by this Act as if they had been made under this Act.

Those rules may from time to time, in their application to Niue, be amended or replaced by rules made under this Act.
(3) 732 The Land Appellate Court (1) The Land Appellate Court of Niue established by section 386 of this Act is hereby declared to be the same Court as the Land Appellate Court of the Cook Islands established by the Constitution of the Cook Islands, and also to be the same Court as the Native Appellate Court of the Cook Islands established by section 19 of the Cook Islands Amendment Act 1946, in relation to the jurisdiction exercisable in Niue by the 2 last­mentioned Courts pursuant to the Cook Islands Amendment Act 1946.
(2) All judgments, decrees, records, and acts of either of the 2 last­mentioned Courts in the exercise of its jurisdiction in Niue shall continue in full force and effect after the commencement of this Act as judgments, decrees, records, and acts of the Land Appellate Court of Niue; and all proceedings pending in the Land Appellate Court of the Cook Islands in the exercise of that jurisdiction immediately before the commencement of 235 Part 33 s 733 Niue Act 1966 Reprinted as at 3 September 2007 (3) this Act may be continued after the commencement of this Act in the Land Appellate Court of Niue.
The rules of the Land Appellate Court of the Cook Islands in force immediately before the commencement of this Act, as far as they are applicable and with any necessary modiﬁcations, shall be deemed to be the rules of the Land Appellate Court of Niue established by this Act as if they had been made under this Act.

Those rules may from time to time, in their applica­ tion to Niue, be amended or replaced by rules made under this Act.
733 The Niue Public Service (1) The Niue Public Service constituted by Part 31 of this Act is hereby declared to be the same Service as the part of the Cook Islands Public Service established by Part 3 of the Cook Islands Amendment Act 1957 that comprised employees sta­ tioned in Niue.
Every employee of the Cook Islands Public Service who im­ mediately before the commencement of this Act was stationed in Niue shall be deemed to be an employee of the Niue Public Service, and shall hold the position in the last­mentioned Ser­ vice corresponding to the position in the Cook Islands Public Service held by him immediately before the commencement of this Act.
Every reference to the Cook Islands Public Service in any en­ actment not speciﬁed in Schedule 3 to this Act, or in any regu­ lation, rule, Proclamation, order, or other enactment, or in any agreement, deed, instrument, application, licence, notice, or other document whatsoever shall, in its application to Niue, be read hereafter as a reference to the Niue Public Service.
(a) (b) (c) This paragraph amended the deﬁnition of the term Government Service in s 2(1) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol 4.

This paragraph amended s 50(1)­(5), and (10) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol 4.

This paragraph amended s 50(9)(e) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol 4.
(2) (3) 236 (4) Reprinted as at 3 September 2007 Niue Act 1966 Part 33 s 735 (d) (e) (g) This paragraph amended s 51(1), (2), (2A), and (2B) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol 4.

This paragraph amended s 51(1) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol 4.

(f) This paragraph amended the proviso to s 51(2A) of the Government Superannuation Fund Act 1956, reprinted 1975, Vol 4.
(5) This subsection inserted subs (9A) in s 50 of the Government Superannuation Fund Act 1956, reprinted 1975, Vol 4.

Subsection (4)(f) was repealed by section 17 of the Tokelau Amendment Act 1967.
734 Customs (1) Notwithstanding the repeal of the Customs Act 1913 by the Customs Act 1966, such of the provisions of the ﬁrst­men­ tioned Act as immediately before the commencement of this Act were in force in Niue shall, after the commencement of this Act, continue in force in Niue until the commencement of Part 30 of this Act.
The Customs Tariff under the Customs Act 1913, as modiﬁed in its application to goods imported into Niue by Orders in Council made before the 1st day of July 1967 under section 302 of the Customs Act 1913 shall continue in force in Niue after that date, but may, at any time on or after that date and be­ fore the commencement of Part 30 of this Act, be modiﬁed in its application to goods imported into Niue by Order in Coun­ cil pursuant to the powers conferred by the said section 302.
(2) 735 Consequential amendments (1) (2) This subsection amended s 4 of the Acts Interpretation Act 1924, reprinted 1966, Vol 3, p 1981.
Every reference in any enactment not speciﬁed in Schedule 3 to this Act, or in any regulation, rule, Proclamation, order, Ordinance, or other enactment, or in any agreement, deed, in­ strument, application, licence, notice, or other document what­ soever, shall hereafter, in its application to Niue, be read— 237 Schedule 1 Niue Act 1966 Reprinted as at 3 September 2007 (a) (b) (c) (d) (e) (f) In the case of a reference to a Native or a descendant of a Native, as a reference to a Niuean: In the case of a reference to Native land, as a reference to Niuean land: In the case of a reference to Native custom, as a refer­ ence to Niuean custom: In the case of a reference to the High Court of the Cook Islands, as a reference to the High Court of Niue: In the case of a reference to the Native Land Court of the Cook Islands or to the Land Court of the Cook Islands, as a reference to the Land Court of Niue: In the case of a reference to the Native Appellate Court of the Cook Islands or to the Land Appellate Court of the Cook Islands, as a reference to the Land Appellate Court of Niue.
Every reference to the Cook Islands in any enactment which at the commencement of this Act is in force in Niue (not being an enactment speciﬁed in sections 679 to 703 of this Act or in Schedule 3 to this Act) shall hereafter, in its application to Niue, be read as a reference to Niue.
Every reference to the Island Council of Niue in any Act, regu­ lation, Ordinance, order, or other enactment, or in any agree­ ment, deed, instrument, application, licence, notice, or other document whatsoever shall be read hereafter as a reference to the Island Assembly, and all proceedings, resolutions, and other acts of authority of the Island Council of Niue shall be deemed to be proceedings, resolutions, and acts of authority of the Island Assembly.
Schedule 1 Reserved enactments [Repealed] Section 38(2)(a) Schedule 1 was repealed by section 2(1) Niue Amendment Act 1974 (1974 No 43).

(3) (4) 238 Reprinted as at 3 September 2007 Niue Act 1966 Schedule 3 Schedule 2 Form of declaration Section 720 I, A B [Insert place of abode and occupation or description], solemnly and sincerely declare that [Insert facts].
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of Parliament of New Zealand entitled the Niue Act 1966.
A B Declared at in Niue this day of 19 before me— C D, Judge of the High Court of Niue [or judge of the Land Court, Judge of the Land Appellate Court, Commissioner of the High Court, Com­ missioner of the Land Court, Registrar of the High Court, Registrar of the Land Court, Resident Commissioner of Niue, Comptroller of Customs, Justice of the Peace for Niue, Medical Ofﬁcer of Niue, So­ licitor of the High Court of New Zealand, as the case may be].
Schedule 3 Enactments ceasing to be in force in Niue Section 729(1) 1915, No 40­The Cook Islands Act 1915.

(Reprinted 1958, Vol 2, p 851.)

1921, No 14­The Cook Islands Amendment Act 1921.

(Reprinted 1958, Vol 2, p 1036.)

1923, No 9­The Cook Islands Amendment Act 1923.

(Reprinted 1958, Vol 2, p 1037.)

1945, No 40­The Statutes Amendment Act 1945: Section 13.

(Reprinted 1958, Vol 2, p 1038.)

1946, No 30­The Cook Islands Amendment Act 1946.

(Reprinted 1958, Vol 2, p 1038.)


1948, No 25­The Cook Islands Amendment Act (No 2) 1948.

(Reprinted 1958, Vol 2, p 1040.)

1948, No 78­The Finance Act (No 2) 1948: Section 57.

(Reprinted 1958, Vol 2, p 1041.)

1950, No 92­The Cook Islands Amendment Act 1950.

(Reprinted 1958, Vol 2, p 1041.)

• • • • • • • • 239 Schedule 3 Niue Act 1966 Reprinted as at 3 September 2007 • • • • • • • • • • • 1952, No 32­The Cook Islands Amendment Act 1952.

(Reprinted 1958, Vol 2, p 1046.)


1954, No 30­The Cook Islands Amendment Act 1954.

(Reprinted 1958, Vol 2, p 1047.)

1956, No 27­The Cook Islands Amendment Act 1956.

(Reprinted 1958, Vol 2, p 1048.)

1957, No 103­The Cook Islands Amendment Act 1957.

(Reprinted 1958, Vol 2, p 1049.)

1958, No 47­The Cook Islands Amendment Act 1958.

(Reprinted 1958, Vol 2, p 1103.)

1960, No 32­The Cook Islands Amendment Act 1960.

1961, No 15­The Cook Islands Amendment Act 1961.


1962, No 40­The Cook Islands Amendment Act 1962.

1963, No 132­The Cook Islands Amendment Act 1963.

1964, No 70­The Cook Islands Amendment Act 1964.

1965, No 1­The Cook Islands Amendment Act 1965.

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