Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698833919276.pdf (New Zealand)
Reprint as at 20 September 2007 Cook Islands Act 1915 Public Act Date of assent 1915 No 40 11 October 1915 Contents Title Preamble Short Title and commencement Interpretation Application Adjacent islands 1 2 3 4 Page 17 17 17 17 22 22 Part 1 Executive government of the Cook Islands Part 2 Island Councils Part 3 The High Court of the Cook Islands Constitution of the High Court 107 Powers of Judges [Repealed] 33 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Foreign Affairs and Trade 1 Cook Islands Act 1915 Reprinted as at 20 September 2007 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Registrars of the High Court [Repealed] Deputy Registrars [Repealed] Administrative officers [Repealed] Seal of the High Court [Repealed] Records of the High Court [Repealed] Jurisdiction of the High Court Jurisdiction of the High Court [Repealed] Injunction, certiorari, mandamus, and prohibition [Repealed] Habeas corpus [Repealed] Custody of minors [Repealed] Rules of High Court [Repealed] Procedure so far as not governed by rules of Court [Repealed] Forms [Repealed] Summons to witnesses [Repealed] Default of witness [Repealed] Commissioners to take evidence [Repealed] Evidence by affidavit sworn out of the Cook Islands [Repealed] 125 Witnesses may be ordered out of Court [Repealed] Affidavits in the Cook Islands [Repealed] 126 Evidence by affidavit [Repealed] 127 Right of audience in the High Court [Repealed] 128 Costs [Repealed] 129 Security for costs [Repealed] 130 131 Court fees [Repealed] 132 Minutes of judgments [Repealed] Amendments [Repealed] 133 134 Rehearing [Repealed] 134A Rehearing of criminal proceedings [Repealed] Execution of judgments 135 Writs of sale and possession [Repealed] Effect of writ of possession [Repealed] 136 Effect of writ of sale [Repealed] 137 Issue of writs of sale or possession [Repealed] 138 Charging orders [Repealed] 139 Stay of execution [Repealed] 140 Judgment summons [Repealed] 141
 Enforcement of judgments of High Court in High Court 142 of New Zealand Reprinted as at 20 September 2007 Cook Islands Act 1915 143 144 145 146 147 148 149 150 151 152 153 154 Absconding debtors Order of arrest of absconding debtor [Repealed] Security to be given [Repealed] Enforcement of security [Repealed] Arrest in actions for penalties [Repealed] Enforcement of security in actions for penalties
 [Repealed] Contempt of the High Court Contempt of Court defined [Repealed] Punishment of contempt [Repealed] Jurisdiction of High Court [Repealed] Contempt in the face of the Court [Repealed] Discharge of persons in contempt [Repealed] Part 4 The High Court of New Zealand Jurisdiction of the High Court in the Cook Islands Civil jurisdiction of High Court extends to Cook Islands Jurisdiction under the Declaratory Judgments Act 1908 [Repealed] 154A Place for filing proceedings 155 Criminal jurisdiction of High Court in respect of Cook Islands 156 158 159 160 161 162 163 164 165 166 167 168 171 Cases stated by the High Court or Land Court High Court or Land Court may state a case for the Supreme Court [Repealed] Appeals from the High Court and Land Court Order granting leave to appeal [Repealed] Transmission of record [Repealed] Dismissal of appeal for non-prosecution [Repealed] Procedure on appeal [Repealed] [Repealed] Powers of the Supreme Court on appeal [Repealed] Evidence on appeal [Repealed] Stay of execution [Repealed] Release of appellant from custody [Repealed] Appeal not to be allowed for irregularities in procedure [Repealed] Right of audience on appeal [Repealed] Certiorari, mandamus, and prohibition taken away [Repealed] 40 40 40 40 40 40 41 41 41 41 41 42 42 42 43 44 44 44 44 45 45 45 45 45 45 45 46 3 Cook Islands Act 1915 Reprinted as at 20 September 2007 Enforcement in the Cook Islands of judgments of New Zealand courts Judgments of High Court or
 District Court in New Zealand may be enforced by the High Court Enforcement of judgments of High Court by High Court by way of proceedings for contempt Miscellaneous Commissioners of the High Court may be appointed in the Cook Islands 173 174 175 Part 5 Criminal offences 262 Falsely trading as an incorporated company [Repealed] 272 Maximum fines and terms of imprisonment [Repealed] 274 275 275A Release of prisoners transferred to New Zealand 275B Person conditionally released from imprisonment, or
 Imprisonment in Cook Islands [Repealed] Transfer of convicted persons to New Zealand portion of whose sentence is conditionally remitted, may be imprisoned Cumulative sentences [Repealed] 277 Part 6 Criminal procedure 278 Magistratesm [Repealed] 279 280 289 300 308 309 310 310A Court may order convicted person to come up for sentence Jurisdiction of High Court [Repealed] Felonies and misdemeanours [Repealed] Trial of accused in his absence [Repealed] Discharge of assessors and new trial [Repealed] Drawing up of conviction [Repealed] Defects of information, summons, or warrant [Repealed] Payment of witnesses [Repealed] if called upon [Repealed] Conviction without sentence [Repealed] Bail [Repealed] Stay of proceedings by Minister [Repealed] Search warrants [Repealed] 311 312 313 314 314A Transmission of certain warrants and orders by telegram [Repealed] 314B Pardon and remission of sentence [Repealed] 4 46 47 47 56 58 58 58 60 64 65 65 65 65 66 67 68 68 68 68 69 69 69 69 69 69 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 7 Law of evidence Power to administer oaths Form of oath 326 327 328 Making of oath 329 330 331 332 Absence of religious belief Affirmation may be made in lieu of oath Evidence of children without oath Necessity of oath Part 8 Extradition 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 Extradition from the Cook Islands to New Zealand Arrest in Cook Islands of fugitive offenders from New Zealand Order of return to New
 Zealand Refusal of order in case of hardship Imprisonment or release pending return Release on security in lieu of return Return to New Zealand in custody Cancellation of order of return Extradition from New Zealand to the Cook Islands Arrest in New Zealand of fugitive offenders from the Cook Islands Order of return to the Cook Islands Judicial notice of signature to warrant Refusal of order in case of hardship Imprisonment or release pending return Release on security in lieu of return Return to the Cook
 Islands in custody Cancellation of order of return Removal from one island to another 348 Prisoners may be removed from one island to another Application of Extradition Act to Cook Islands 349A Extradition Act in force in Cook Islands Part 9 Crown suits [Repealed] 350 Crown proceedings in the Cook Islands [Repealed] 71 71 71 72 72 72 72 72 73 73 73 73 74 74 74 75 75 75 75 76 76 76 77 77 79 5 Cook Islands Act 1915 Reprinted as at 20 September 2007 352 [Repealed] Part 10 Crown land [Repealed] All land in the Cook Islands vested in Her Majesty [Repealed] Grants of Crown land [Repealed] Reserves of Crown land for public purposes [Repealed] Taking of land for public purposes [Repealed] Revocation of warrant taking land [Repealed] Compensation for land taken [Repealed] Resumption of Crown land for public purposes [Repealed] Reservation of land so taken or resumed [Repealed] Purchase of land for public purposes [Repealed] Control of Crown land by High Commissioner [Repealed] Public purposes defined [Repealed] Saving of reserves under the Cook Islands Government Act 1908 [Repealed] Validation of Crown purchases [Repealed] Part 11 The Land Court [Repealed] Constitution of the Land Court [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] Registrars of the Land Court [Repealed] Deputy Registrars [Repealed] Offices of Land Court [Repealed] Records [Repealed] Seal of the Land Court [Repealed] Deputy of Chief Judge [Repealed] Administrative officers [Repealed] Rules of
 Court [Repealed] Applications to Court [Repealed] Exercise of supplementray jurisdiction [Repealed] Powers of Judges [Repealed] Sittings of Court [Repealed] Summoning of witnesses [Repealed] Reprinted as at 20 September 2007 Cook Islands Act 1915 Costs [Repealed] Security for costs [Repealed] Costs
 may be charged on land [Repealed] Right of audience [Repealed] Amendments of defects [Repealed] Amendments of records [Repealed] Rehearing [Repealed] 384 385 386 387 388 389 390 390A Amendment of orders after title ascertained [Repealed] 391 392 Annulment of orders obtained by fraud [Repealed] Enforcement of orders of Land Court by High Court [Repealed] Enforcement of charges [Repealed] 393 395 396 397 399 400 401 402 403 404 405 406 407 408 Orders [Repealed] Partition orders [Repealed] Orders in respect of deceased persons [Repealed] Orders bind all persons interested [Repealed] Validity of orders [Repealed] Contempt of the Land Court [Repealed] Contempt of Court defined [Repealed] Penalty for contempt [Repealed] Jurisdiction in contempt [Repealed] Contempt in face of the Court [Repealed] Arrest on warrant [Repealed] Conviction by Land Court [Repealed] Enforcement of fine [Repealed] Discharge of persons in contempt [Repealed] Jurisdiction in contempt may be exercised at any time or place [Repealed] Additional jurisdiction [Repealed] 409 Miscellaneous jurisdiction of Land Court [Repealed] 409A Access to Native land [Repealed] 410 High Commissioner may confer jurisdiction on Land Court [Repealed] Surveys [Repealed] 411 412 Land Court may order surveys [Repealed] Entry for purpose of survey [Repealed] Cook Islands Act 1915 Reprinted as at 20 September 2007 Pending and former
 proceedings [Repealed] Pending proceedings may be continued [Repealed] Operation of orders heretofore made [Repealed] Drawing up of orders heretofore made [Repealed] Validation of former orders Part 12 Customary land [Repealed] Declaring land to be free from customary title [Repealed] Validity of dispositions of land by the Crown [Repealed] Native customary title limited by high-water mark [Repealed] For certain purposes customary land to be deemed Crown land [Repealed] Investigation of title to customary land
 [Repealed] Native customs to be recognised [Repealed] Freehold orders [Repealed] Effect of freehold orders [Repealed] Tenancy in common [Repealed] Ariki land [Repealed] Freehold orders in favour of persons deceased [Repealed] Land the title to which has been heretofore investigated declared to be freehold land [Repealed] 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 Part 13 Partition and exchange of Native land [Repealed] Partition orders [Repealed] Jurisdiction to partition Native land [Repealed] Partition orders [Repealed] Apportionment of encumbrances on partition [Repealed] 429 430 431 432 Mode of partition [Repealed] 433 434 Land to be partitioned into suitable areas [Repealed] Combination of several areas of land for purpose of partition [Repealed] Payments by way of equality of partition [Repealed] Trustees on partition [Repealed] Encumbrances or undivided interests on partition [Repealed] 435 436 437 8 91 91 91 91 91 92 92 92 92 92 92 92 92 93 93 93 93 93 94 94 94 94 94 94 94 Reprinted as at 20 September 2007 Cook Islands Act 1915 Orders of exchange [Repealed] Jurisdiction to effect exchange of Native land [Repealed] Exchange of freehold interests only [Repealed] Conditions of exchange [Repealed] Exchange for Crown land [Repealed] Effect of order of exchange [Repealed] Payment for equality of exchange [Repealed] Land obtained in exchange becomes Native land [Repealed] 438 439 440 441 442 443 444 Part 14 Native succession [Repealed] 445 Wills of
 Natives [Repealed] 446 447 448 449 450 451 452 453 454 Succession to deceased Natives [Repealed] Native land not to vest in administrators [Repealed] Succession orders [Repealed] Effect of succession order [Repealed] Revocation of succession orders [Repealed] No action without succession order [Repealed] No alienation without succession order [Repealed] Native land not assets for payment of debts [Repealed] Estate of Native other than land to be assets for payment of debts [Repealed] Interest in Native
 land to include all things growing on or attached to land [Repealed] 455 Part 15 Adoption of children by Natives [Repealed] Adoption by Native custom invalid [Repealed] Validity of adoption heretofore registered [Repealed] Orders of adoption [Repealed] Applications for adoption [Repealed] 456 457 458 459 460 Who may be adopted [Repealed] 461 462 463 464 465 465A Effect of orders of adoption on interests in Native Conditions of adoption [Repealed] Consent of natural parents required [Repealed] Adoptions by more than one person [Repealed] Annulment of orders of adoption [Repealed] Effect of adoption [Repealed] land [Repealed] Cook Islands Act 1915 Reprinted as at 20 September 2007 Part 16 Alienation of Native land [Repealed] Restrictions on alienation [Repealed] 466 467 468 469 470 471 472 473 474 475 476 Removal of restrictions on alienation [Repealed] Alienation of customary land prohibited [Repealed] Alienation in fee simple prohibited [Repealed] Alienation for a longer period than 60 years prohibited [Repealed] Alienation by way of security prohibited [Repealed] Alienation of things growing on or attached to land deemed an alienation of land [Repealed] Disposition of life interest to be deemed an alienation of land [Repealed] Assignment of rents or profits prohibited [Repealed] Alienation by trustees of Native land [Repealed] Execution of instruments of alienation [Repealed]
 Alienations must be in writing [Repealed] Execution of instruments out of the Cook Islands [Repealed] 476A Execution of renewals of leases [Repealed] Confirmation [Repealed] Confirmation necessary [Repealed] Application for confirmation [Repealed] Orders of confirmation [Repealed] Effect of confirmation [Repealed] Confirmation of inconsistent instruments [Repealed] Conditions of confirmation [Repealed] Alienation in pursuance of confirmed contracts [Repealed] Alteration of instruments on confirmation
 [Repealed] Validity and operation of confirmed instruments [Repealed] Alienations to the Crown [Repealed] Native reservations [Repealed] Establishment of Native reservations [Repealed] Revocation or variation of reservation [Repealed] Reservations inalienable [Repealed] Reprinted as at 20 September 2007 Cook Islands Act 1915 490 Management and control of Native reservations [Repealed] Miscellaneous [Repealed] 491 492 Native land not to be taken in execution [Repealed] Payment into Land Court of rents and other proceeds of alienation [Repealed] Part 17 Trustees for Natives [Repealed] Definition of person under disability [Repealed] Trustee orders [Repealed] 493 494 495 Matters to be set forth in trustee orders [Repealed] Appointment of new trustees [Repealed] 496 Orders restricting powers of trustees [Repealed] 497 Cancellation of trustee orders [Repealed] 498 Determination of trustee orders [Repealed] 499 Trust property not to vest in trustee [Repealed] 500 Administration of property by trustee [Repealed] 501 Alienation of property by trustee [Repealed] 502 Powers of trustee [Repealed] 503 Expenditure of revenues of trust property [Repealed] 504 Enforcement of trusts [Repealed] 505 Co-trustees must act jointly [Repealed] 506 Remuneration of trustees [Repealed] 507 Part 18 Marriage [Repealed] Appointment of marriage
 officers [Repealed] Offence [Repealed] Notice of marriage [Repealed] 508 Prohibited degrees of consanguinity [Repealed] 509 Marriages to take place before marriage officer [Repealed] 510 Marriage officer defined [Repealed] 511 512 513 514 Mode of solemnisation [Repealed] 515 516 517 518 Minimum age of marriage [Repealed] 519 Marriage of minors [Repealed] 520 Record of marriage [Repealed] Signature of record [Repealed] Transmission of records [Repealed] Offence by marriage officer [Repealed] 103 103 103 103 104
marriage officer [Repealed] Cook Islands Act 1915 Reprinted as at 20 September 2007 Signature of false record by party or witness [Repealed] 521 522 Misrepresentation as to facts to procure marriage [Repealed] Legitimation per subsequens matrimonium [Repealed] 523 Part 19 Divorce Jurisdiction of High Court [Repealed] Limitation of jurisdiction [Repealed] Nullity of marriage [Repealed] Grounds of refusal of divorce [Repealed] Domicile of deserted wife [Repealed] Co-respondent as a party [Repealed] Intervention [Repealed] Agreement no bar to divorce [Repealed] No appeal to High Court [Repealed] Remarriage of divorced persons [Repealed] Costs [Repealed] Order for maintenance of divorced wife [Repealed] Order as to custody of children [Repealed] 524 525 526 528 529 531 532 533 534 535 536 537 538 539 Molestation of divorced wife by her husband [Repealed] 540 Jurisdiction of High Court Part 20 Maintenance and affiliation [Repealed] 541 Interpretation [Repealed] Maintenance and affiliation orders [Repealed] Jurisdiction of High Court [Repealed] Applications [Repealed] Jurisdiction discretionary [Repealed] Affiliation orders [Repealed] Evidence [Repealed] 542 543 544 545 546 547 Maintenance order in favour of illegitimate child [Repealed] 548 Maintenance order against father in favour of child [Repealed] 549 Maintenance order against mother in favour of child [Repealed] 550 Maintenance order
 against husband in favour of wife [Repealed] 12 107 107 107 108 108 108 108 108 108 109 109 109 109 109 109 109 109 110 110 110 111 111 111 111 111 111 111 111 Reprinted as at 20 September 2007 Cook Islands Act 1915 551 Maintenance order against wife in favour of husband [Repealed] 552 Maintenance order against any person in favour of father or mother [Repealed] Disobedience to maintenance order [Repealed] 553 554 Maintenance money a debt [Repealed] 555 556 557 558 559 560 Order in favour of non-residents
 [Repealed] Order against non-residents [Repealed] Orders in absentia [Repealed] Repeated applications [Repealed] Payments not to be made in advance [Repealed] Cancellation, variation, and suspension of orders [Repealed] Payment of maintenance money [Repealed] Security for obedience to maintenance orders [Repealed] Operation of agreements Purport and duration of maintenance orders [Repealed] Order for past maintenance [Repealed] Offences [Repealed] Leaving Cook Islands while maintenance money in arrear an offence [Repealed] Leaving Cook Islands after affiliation order and before birth of child an offence [Repealed] Leaving Cook Islands with intent to disobey maintenance order an offence [Repealed] Leaving Cook Islands while failing to maintain wife an offence [Repealed] Leaving Cook Islands while failing to maintain child an offence [Repealed] Leaving Cook Islands with intent to desert wife or child an offence [Repealed] Attempting to leave the Cook Islands [Repealed] Evidence of intent [Repealed] Part 20A Adoption of children by Europeans and Native spouses of Europeans [Repealed] 573A High Court may make adoption orders [Repealed] 573B Persons who may apply for adoption order [Repealed] 573C Who may be adopted [Repealed] 573D Restrictions on making adoption orders [Repealed] Cook Islands Act 1915
114 115 115 115 115 115 13 Cook Islands Act 1915 Reprinted as at 20 September 2007 573E Consents to adoptions [Repealed] 573F Effect of order of adoption [Repealed] 573G Annulment of order of adoption [Repealed] Part 21 Persons of unsound mind Orders of medical custody Application by Medical Officer to High Court [Repealed] 574 575 Medical certificates as to persons of unsound 576 577 578 579 580 mind [Repealed] Order of medical custody [Repealed] Renewal of order [Repealed] Cancellation of order [Repealed] Discharge from custody [Repealed] Arrest and
 detention of persons committed to medical custody [Repealed] Treatment of persons detained [Repealed] Removal from the Cook Islands to New Zealand Conditions of removal 581 582 583 584 Method of removal 585 Persons so removed to New Zealand to be brought before a District Court Judge District Court Judge may make a reception order Administration of estates of persons of unsound mind 586 587 588 Warrant for arrest of persons of unsound mind [Repealed] 589 Arrest of persons of unsound mind without warrant [Repealed] Criminal lunatics Insane persons not to be tried for offences [Repealed] Detention of accused persons acquitted on ground of insanity [Repealed] Discharge [Repealed] Orders of medical custody of criminal lunatics [Repealed] Part 22 Intoxicating liquor Part 23 Roads [Repealed] Road defined [Repealed] Existing roads [Repealed] Reprinted as at 20 September 2007 Cook Islands Act 1915 Proclamation of existing roads [Repealed] Proclamation of new roads [Repealed] Roads not to vest in the Crown [Repealed] 606 607 608 609 Maintenance and control of roads [Repealed] Effect of freehold order on roads [Repealed] 610 Roads laid out on partition or investigation of 611 title [Repealed] Dedication of roads by Natives [Repealed] Closing of roads [Repealed] 612 613 614 Warrants as to roads to be gazetted [Repealed] Part 24 The laws of the
 Cook Islands: general provisions Application of the laws of New Zealand 615 616 617 618 Law of England as in the year 1840 to be in force in the Cook Islands [Repealed] Jurisdiction of the High Court [Repealed] Common law and equity to be administered concurrently [Repealed] Statute law of New Zealand not applicable to Cook Islands [Repealed] 620 621 622 624 625 626 627 628 619 When enactment in force in Cook Islands, amendments and regulations to be in force also [Repealed] Other enactments in force in
 Cook Islands to be read subject to this Act [Repealed] Criminal procedure in Cook Islands [Repealed] Acts Interpretation Act in force in Cook Islands [Repealed] Arbitration Act in force in Cook Islands [Repealed] Bills of Exchange Act in force in Cook Islands [Repealed] Chattels Transfer Act in force in Cook Islands [Repealed] Copyright Act in force in Cook Islands Deaths by Accidents Compensation Act in force in Cook Islands [Repealed] Demise of the Crown Act in force in Cook Islands [Repealed] Parts of Infants Act in force in Cook Islands [Repealed] 630 631 Marine Insurance Act in force in Cook Islands [Repealed] 632 Mercantile Law Act in force in Cook Islands 634 635 Partnership Act in force in Cook Islands [Repealed] Patents Act, Designs Act, Trade Marks Act, and Merchandise Marks Act in force in Cook Islands Post Office Act in force in Cook Islands Cook Islands Act 1915 Reprinted as at 20 September 2007 Property Law Act in force in Cook Islands [Repealed] Sale of Goods Act in force in Cook Islands [Repealed] Trustee Act in force in Cook Islands [Repealed] 637 638 639 640 Wills Act Amendment Act 1852 in force in Cook Islands [Repealed] 640A Merchant Shipping Act (UK) not to apply to Cook Islands [Repealed] Limitation of actions 641 Miscellaneous rules of law Contracts by Natives [Repealed] Securities given by Natives [Repealed] Employer’s
 liability [Repealed] Liability of owners of dogs [Repealed] Distress for rent abolished [Repealed] Calendar of the Cook Islands [Repealed] Time of day in Cook Islands [Repealed] Statutory references to time [Repealed] Statutory declarations 645 646 647 648 649 650 651 652 653 653A Execution of documents in Cook Islands for use in New Zealand Taxes on Native land [Repealed] Bankruptcy 654 655 656 Warrants of arrest [Repealed] Trespass ab initio [Repealed] 657 127 127 127 127 128 128 128 128 129 129 129 129
 129 129 129 130 131 131 131 131 Oath of Allegiance and Judicial Oath 657A Certain officers to take Oath of Allegiance and Judicial 131 Oath Repeals and validation 658 659 660 Repeal of all existing laws of the Cook Islands [Repealed] Enactments specifically repealed [Repealed] Validation of Ordinances [Repealed] Schedule 1 Boundary lines enclosing the Cook Islands Schedule 2 Form of declaration 134 134 134 134 135 16 Reprinted as at 20 September 2007 Cook Islands Act 1915 Schedule 3 Enactments repealed [Repealed] s 2 135 An Act to make better provision with respect to the government and laws of the Cook Islands Preamble WHEREAS by Order in Council dated the 13th day of May 1901, and made under the Colonial Boundaries Act 1895, it was ordered by His Majesty the King (with the consent of the General Assembly, testified by resolution of both Houses of the said General Assembly) that on and after a date to be appointed by the Governor by Proclamation the Islands of the Cook Group and all other the islands and territories then or thereafter forming part of His Majesty’s dominions situate within the boundary lines set forth in Schedule 1 hereto should form part of New Zealand: And whereas by Proclamation dated the 10th day of June 1901 the Governor appointed the 11th day of June 1901 to be the date on and after which the said Order in Council should come into effect: And whereas it is expedient to make better provision with respect to the government and laws of the said islands.
BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:— 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Cook Islands Act 1915.

This Act shall come into operation on a day to be notified by the Governor by Proclamation in the New Zealand Gazette.

Interpretation In this Act, except where a contrary intention appears,— aircraft has the same meaning as in the Civil Aviation Act 1964.
17 s 2 Cook Islands Act 1915 Reprinted as at 20 September 2007 Attorney-General includes the Solicitor-General Collector of Customs or Collector means any officer ap- pointed as Collector of Customs at any port or in respect of any district and includes the Comptroller of Customs; and also includes the chief officer of Customs at any port or other place, and any proper officer acting for the time being in place of the Collector either generally or in respect of any of his powers or functions, whether during any vacancy in the office of Collector or otherwise Collector of Customs: this definition was substituted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).
Constable means an officer of police of the Cook Islands Pub- lic Service The Constitution means the Constitution of the Cook Islands as set out in the Schedule to the Cook Islands Constitution Act 1964 The Constitution: this definition was inserted by section 3(1) of the Cook Is- lands Amendment Act 1965; and in the definition the words “in relation to the Cook Islands other than Niue” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.
The Cook Islands means all the islands and territories situate within the boundary lines set out in Schedule 1 hereto but does not include the Island of Niue The Cook Islands: the words “but does not include the Island of Niue” in this definition were added by section 2(1) of the Cook Islands Amendment Act 1966.
Cook Islands Public Service has the meaning assigned thereto by section 76 of the Cook Islands Amendment Act 1957 Cook Islands Public Service: definition by section 95(1) Cook Islands Amendment Act 1957.

Cook Islands Treasury[Repealed] Cook Islands Treasury: this definition was repealed by section 95(1) Cook Is- lands Amendment Act 1957.
[Repealed] Customary land means land which, being vested in the Crown, is held by Natives or the descendants of Natives under the Native customs and usages of the Cook Islands this definition was substituted for the original 18 Reprinted as at 20 September 2007 Cook Islands Act 1915 s 2 Enactment includes any Act of the Legislative Assembly of the Cook Islands or of the Parliament of New Zealand, any Ordinance, any regulations, and any rules Enactment: this definition was substituted by section 3(1) Cook Islands Amend- ment Act 1965.
European means any person whatever other than a Native, and includes a body corporate High Commissioner means the High Commissioner of the Cook Islands; and includes his Deputy lawfully acting in place of the High Commissioner High Commissioner: this definition was inserted by section 3(1) Cook Islands Amendment Act 1965.

High Commissioner: this definition was amended by section 2(1) Cook Islands Amendment Act 1966 by omitting the words “in relation to the Cook Islands other than Niue”.
High Court means the High Court of the Cook Islands Judgment includes any judicial decree, order, or determin- ation, whether in an action or in any other judicial proceeding, whether civil or criminal Land Appellate Court[Repealed] Land Appellate Court: this definition was inserted by section 41 Cook Islands Amendment Act 1946; and the reference to the “Land Appellate Court” was substituted for a reference to the “Native Appellate Court” by section 57(4) Cook Islands Amendment Act 1964.
The definitions of Land Appellate Court and Land Court were formally repealed by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

[Repealed] Land Court[Repealed] Land Court: In this definition the reference to the “Land Court” was substi- tuted for a reference to the “Native Land Court” by section 57(4) Cook Islands Amendment Act 1964.

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

19 s 2 Cook Islands Act 1915 Reprinted as at 20 September 2007 Medical Officer means the Chief Medical Officer of the Cook Islands; and includes any Medical Officer who is an employee of the Cook Islands Public Service Medical Officer: this definition was substituted by section 95(1) Cook Islands Amendment Act 1957.
Medical Officer: this definition was substituted by section 2(1) Cook Islands Amendment Act 1966.
Native means a person belonging to any of the Polynesian races (including the Maori race), and includes a half-caste and a person intermediate in blood between a half-caste and a per- son of pure descent from any such race Native land means customary land or Native freehold land, as herein defined New Zealand means the Dominion of New Zealand exclusive of the Cook Islands New Zealand Public Service[Repealed] New Zealand Public Service: this definition term was repealed by section 95(1) Cook Islands Amendment Act 1957.
[Repealed] Offence includes all offences punishable by way of criminal proceedings under this or any other enactment Prescribed means prescribed by regulations Regulations means regulations made by the Governor-Gen- eral in Council Resident Agent means the Resident Agent appointed under this Act for any island Resident Commissioner[Repealed] Resident Commissioner: this definition was amended by section 95(1) Cook Islands Amendment Act 1957, and substituted by section 3(1) Cook Islands Amendment Act 1965.
Resident Commissioner: this definition was repealed by section 2(1) Cook Is- lands Amendment Act 1966.

[Repealed] Secretary means the Secretary of Foreign Affairs Secretary: this definition was substituted by section 8(1) Maori and Island Af- fairs Department Act 1968.

Secretary: this definition was substituted by section 2(2) Cook Islands Amend- ment Act 1974.
Superannuation Acts means the Acts by which the super- annuation funds are established and regulated 20 Reprinted as at 20 September 2007 Cook Islands Act 1915 s 2 (2) Superannuation funds means the Government Superannu- ation Fund In this definition the reference to “the Government Superannuation funds: Superannuation Fund” was substituted for a reference to “the Public Service Superannuation Fund”, “the Government Railways Superannuation Fund”, and “the Teachers’ Superannuation Fund” by section 90(1) Superannuation Act 1947.
In this Act, unless the context otherwise requires,— • References to a Minister are references to a Minister of the Government of the Cook Islands: References to a Department are references to a Depart- ment of the Government of the Cook Islands.

• Section 2(1) aerodrome and aircraft: repealed, on 20 September 2007, by section 4(1) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) aircraft: inserted, on 20 September 2007, by section 4(1) of the Cook Islands Amendment Act 2007 (2007 No 49).
Section 2(1) alienation: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) Asiatic: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) bylaw: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) Commission: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).
Section 2(1) Crown land: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) European land: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) Minister: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) Native custom: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).
Section 2(1) Native freehold land: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) order: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) Ordinance: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) public place: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).
Section 2(1) Registrar: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

21 s 3 Cook Islands Act 1915 Reprinted as at 20 September 2007 Section 2(1) Rules of Court: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 2(1) will: repealed, on 20 September 2007, by section 4(2) of the Cook Islands Amendment Act 2007 (2007 No 49).
Subsection (2) was added by section 3(1) Cook Islands Amendment Act 1965.

Subsection (2) was substituted by section 2(1) Cook Islands Amendment Act 1966.

Application Except so far as a contrary intention appears this Act shall apply to the Cook Islands only, and not to New Zealand.

Adjacent islands Each island forming part of the Cook Islands shall for all pur- poses be deemed to include all smaller islands lying within 10 miles of the coasts thereof.
Part 1 Executive government of the Cook Islands Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

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

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

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

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.
3 4 22 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 1 s 19 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

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

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

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


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


23 Part 1 s 20 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

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

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


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

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


20 26 27 28 29 24 30 31 32 33 34 35 36 37 38 39 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 1 s 39 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

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


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

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

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


25 Part 1 s 40 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.


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

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

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

Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.
40 41 42 43 44 45 46 47 48 49 26 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 1 s 58 Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.

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

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

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


Sections 5 to 58 were repealed by section 96(1) of the Cook Islands Amendment Act 1957.
50 51 52 53 54 55 56 57 58 27 Part 2 s 59 Cook Islands Act 1915 Reprinted as at 20 September 2007 Part 2 Island Councils Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend- ment Act 1957.

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

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

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


Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend- ment Act 1957.
59 60 61 62 63 64 65 66 67 28 68 69 70 71 72 73 74 75 76 77 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 2 s 77 Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend- ment Act 1957.

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

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

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


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


29 Part 2 s 78 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend- ment Act 1957.

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

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


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

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


78 79 80 81 82 83 84 84A 84B 85 30 85A 86 87 88 89 90 91 92 93 94 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 2 s 94 Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend- ment Act 1957.

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


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

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

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


31 Part 2 s 95 Cook Islands Act 1915 Reprinted as at 20 September 2007 95 96 97 98 99 100 101 102 103 32 Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend- ment Act 1957.


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

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

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

Sections 59 to 100 were repealed by section 96(1) of the Cook Islands Amend- ment Act 1957.
Part 3 The High Court of the Cook Islands Constitution of the High Court Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend- ment Act 1964.

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

Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend- ment Act 1964.
104 105 106 108 108A Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 3 s 109 Sections 101 to 106 were repealed by section 58 of the Cook Islands Amend- ment Act 1964.

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

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

107 Powers of Judges [Repealed] Section 107 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
Section 108 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

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

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

Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
33 Part 3 s 110 Cook Islands Act 1915 Reprinted as at 20 September 2007 110 Deputy Registrars [Repealed] The words in square brackets were substituted for the words “The Governor- General may also appoint such Deputy Registrars of the High Court as he thinks necessary, who shall hold office during his pleasure, and”, as from 25 October 1957, by section 95(1) of the Cook Islands Amendment Act 1957 (1957 No 103).
Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

111 Administrative officers [Repealed] The words in the first set of square brackets were inserted, and the words “may be” were substituted for the words “the Governor-General deems”, as from 25 October 1957, by section 95(1) of the Cook Islands Amendment Act 1957 (1957 No 103).
Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

112 Seal of the High Court [Repealed] The words in square brackets were substituted for the words “the Minister”, as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
113 Records of the High Court [Repealed] Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Jurisdiction of the High Court The heading “Jurisdiction of the High Court” was repealed, as from 23 Novem- ber 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

114 Jurisdiction of the High Court [Repealed] Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
34 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 3 s 121 115 Injunction, certiorari, mandamus, and prohibition [Repealed] In subsection (2) the references to the “Land Court” and the “Land Appel- late Court” were substituted for references to the “Native Land Court” and the “Native Appellate Court”.

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

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

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

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

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

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

35 Part 3 s 122 Cook Islands Act 1915 Reprinted as at 20 September 2007 122 Default of witness [Repealed] Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
123 Commissioners to take evidence [Repealed] Subsection (2) was added, as from 25 October 1963, by section 3 Cook Islands Amendment Act 1963 (1963 No 132).

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

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

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

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

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

36 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 3 s 134 128 Right of audience in the High Court [Repealed] Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
129 Costs [Repealed] Sections 109-134 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

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

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

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

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

37 Part 3 s 134A Cook Islands Act 1915 Reprinted as at 20 September 2007 134A Rehearing of criminal proceedings [Repealed] Section 134A was inserted, as from 5 December 1962, by section 2 Cook islands Amendment Act 1962 (1962 No 40).

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

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

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

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

Sections 135-140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
140 Stay of execution [Repealed] Sections 135-140 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

38 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 3 s 142 141 Judgment summons [Repealed] Section 141: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
142 Enforcement of judgments of High Court in High Court of New Zealand (3) (2) (1) Any person in whose favour any judgment whereby any sum of money is made payable has been obtained in civil proceed- ings in the High Court of the Cook Islands may cause a me- morial thereof, authenticated by the seal of the High Court, to be filed in any office of the High Court of New Zealand.

Judicial notice may be taken by the High Court of the seal of the High Court so affixed to any such memorial.
Every such memorial shall set forth the names and additions of the parties to the proceeding in which such judgment was given, the form or nature of the proceeding, the date on which the said judgment was given, and the amount payable there- under.
Every such memorial being so filed shall thenceforth be a record of such judgment, and execution may issue thereon with the leave of the High Court, in the same manner as if the like judgment had been given by the High Court, subject, however, to such terms and conditions as the High Court may think fit to impose.
Leave to issue such execution may be given by the High Court on the application of the party by whom the memorial was filed, and either ex parte or on notice to the party against whom execution is to be issued, as the High Court thinks fit.
Such leave shall not be granted unless the High Court is satis- fied, by affidavit or otherwise,— (a) (6) (4) (5) That the person against whom execution is to be issued was resident or present in the Cook Islands at the com- mencement of the proceedings in which the judgment was given; or That the cause of action in such proceedings or some material part of that cause of action arose in the Cook Islands.
(b) 39 Part 3 s 143 Cook Islands Act 1915 Reprinted as at 20 September 2007 (7) Every such affidavit shall, if made in the Cook Islands, be sworn before a Judge of the High Court or a Commissioner of the High Court.

The words “High Court” have been substituted for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Absconding debtors 143 Order of arrest of absconding debtor [Repealed] Section 143: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

144 Security to be given [Repealed] Section 144: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

145 Enforcement of security [Repealed] Section 145: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
146 Arrest in actions for penalties [Repealed] Section 146: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

147 Enforcement of security in actions for penalties [Repealed] Section 147: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Contempt of the High Court 148 Contempt of Court defined [Repealed] Sections 148-152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

40 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 4 s 153 149 Punishment of contempt [Repealed] Sections 148-152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
150 Jurisdiction of High Court [Repealed] Sections 148-152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

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

Sections 148-152 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
Part 4 The High Court of New Zealand The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Jurisdiction of the High Court in the Cook Islands The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
153 Civil jurisdiction of High Court extends to Cook Islands (1) Notwithstanding anything in this Act, the civil jurisdiction of the High Court of New Zealand shall extend to the Cook Is- lands, and may be exercised in New Zealand in respect of those islands in the same manner in all respects as if those islands were for all purposes part of New Zealand.
41 Part 4 s 154 Cook Islands Act 1915 Reprinted as at 20 September 2007 (2) Any action or other civil proceeding in the High Court which relates in any manner to the Cook Islands and which might have been instituted in the High Court of those islands may, on the application of any party thereto, be stayed by the High Court in its discretion, on such terms as the Court thinks fit, if in the opinion of that Court, having regard to the interest of all parties thereto, the action or other proceeding could more conveniently be instituted in the High Court.
(3) No writ of summons or other originating civil process in the High Court shall be served in the Cook Islands without the leave of a Judge of that Court, and the order by which such leave is granted may determine the time within and the place at which a defendant is to file his statement of defence, and the sittings of the Court at which the action is to be heard, or may give such other directions with respect to the procedure on such writ or process as may be appropriate to the case.
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

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

This section was inserted by section 2(1) of the Cook Islands Amendment Act 1967.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
155 Criminal jurisdiction of High Court in respect of Cook Islands (1) Notwithstanding anything in this Act, the criminal jurisdiction of the High Court of New Zealand shall extend to offences committed in the Cook Islands, and may be exercised in New Zealand in respect of such offences accordingly in the same 42 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 4 s 156 (2) (3) manner as if they were indictable offences committed in New Zealand.
Such jurisdiction shall be exercised only over offenders found in New Zealand.

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

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

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

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

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

The words “District Court Judge” have been substituted for the word “Magis- trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
Cases stated by the High Court or Land Court 156 High Court or Land Court may state a case for the Supreme Court [Repealed] In subsections (1), (2), (4), (6), (7), and (8) the references to the “Land Appellate Court” and “Land Court” were substituted for references to the “Native Appel- late Court” and “Native Land Court”, as from 17 November 1964, by section 43 Part 4 s 157 Cook Islands Act 1915 Reprinted as at 20 September 2007 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70); the words in the first set of square brackets in these subsections (now amended by section 57 (4) of the Cook Islands Amendment Act 1964) were inserted by section 44 of the Cook Islands Amendment Act 1946.
Section 156 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

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

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

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

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

Sections 158-161 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
44 Reprinted as at 20 September 2007 162 Cook Islands Act 1915 Part 4 s 168 [Repealed] Section 162 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

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

Section 163 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
164 Evidence on appeal [Repealed] Sections 164-168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

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

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

167 Appeal not to be allowed for irregularities in procedure [Repealed] Sections 164-168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
168 Right of audience on appeal [Repealed] Sections 164-168 were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

45 Part 4 s 169 Cook Islands Act 1915 Reprinted as at 20 September 2007 169 170 172 Section 169 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

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

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

Section 172 was repealed by section 40(1) of the Cook Islands Amendment Act 1946.
Enforcement in the Cook Islands of judgments of New Zealand courts 173 Judgments of High Court or District Court in New Zealand may be enforced by the High Court (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 any office of the High Court of the Cook Islands.
Judicial notice may be taken by the High Court of the seal of the High Court or District Court so affixed to any such memor- ial.

Every such memorial shall set forth the names and additions of the parties to the proceeding in which the judgment was given, the form or nature of the proceeding, the date on which the judgment was given, and the amount payable thereunder.
Every such memorial being so filed shall thenceforth be a record of such judgment, and execution may issue thereon with (4) (3) 46 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 4 s 175 (5) the leave of the High Court in the same manner as if the like judgment had been given by the High Court, subject, however, to such terms and conditions as the High Court may think fit to impose.
Leave to issue such execution may be given by the High Court on the application of the party by whom the memorial was filed, and either ex parte or on notice to the party against whom execution is to be issued, as the High Court thinks fit.

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

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Miscellaneous 175 Commissioners of the High Court may be appointed in the Cook Islands Sections 47 to 49 of the Judicature Act 1908 (relating to Com- missioners to administer oaths) shall in New Zealand be con- strued and operate as if the Cook Islands were a place beyond the jurisdiction of the High Court within the meaning of sec- tion 47 aforesaid, and Commissioners in the Cook Islands may be appointed by a Judge of the High Court accordingly.
47 Part 5 s 176 Cook Islands Act 1915 Reprinted as at 20 September 2007 The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

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

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


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

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

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

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


176 177 178 179 180 181 182 183 48 184 185 186 187 188 189 190 191 192 193 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 193 Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


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

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

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

Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
49 Part 5 s 194 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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

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

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


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


194 195 196 197 198 199 200 201 202 203 50 204 205 206 207 208 209 210 211 212 213 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 213 Sections 176 to 212 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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


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

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

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


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

51 Part 5 s 214 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.


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

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

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

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
214 215 216 217 218 219 220 221 222 223 52 224 225 226 227 228 229 230 231 232 233 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 233 Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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

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


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

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


53 Part 5 s 234 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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


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

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

Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
234 235 236 237 238 239 240 241 242 243 54 244 245 246 247 248 249 250 251 252 253 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 253 Sections 214 to 250 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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

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


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

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

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

55 254 255 256 257 258 259 260 261 263 Part 5 s 254 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 252 to 261 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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


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

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

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


262 Falsely trading as an incorporated company [Repealed] Section 262: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
56 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 271 264 265 266 267 268 268A 268B 269 270 271 Sections 263 to 271 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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

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

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


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


57 273 Part 5 s 272 Cook Islands Act 1915 Reprinted as at 20 September 2007 272 Maximum fines and terms of imprisonment [Repealed] Section 272 was repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

Section 273 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
274 Imprisonment in Cook Islands [Repealed] Section 274: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

275 Transfer of convicted persons to New Zealand (1) Every person condemned to death and every person sentenced to imprisonment, or committed to prison, for 6 months or more may, by warrant under the hand of the High Commissioner and the Seal of the Cook Islands, be transferred to some prison in New Zealand named or described in the warrant.
(3) (2) On the issue of any such warrant the person named therein shall thereupon be taken in custody from the Cook Islands to New Zealand, and there forthwith delivered to the Superin- tendent of the prison named or described in the warrant.
The warrant shall be delivered to the said Superintendent to- gether with a certificate under the hand of a Judge of the High Court and the seal of that Court setting forth the fact of the conviction or commitment of the person named in the war- rant, the offence of which he was convicted or the reason of the commitment, and the sentence of the Court condemning him to death or, as the case may be, the term for which he has been so sentenced or committed.
(4) Where, after any person condemned to death has been brought to New Zealand under the foregoing provisions of this sec- tion,— (a) The sentence of death has been commuted to a sentence of imprisonment; or The High Court has on appeal substituted for the con- viction for the offence in respect of which that person (b) 58 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 275 was condemned to death a conviction for some other offence and has imposed a sentence of imprisonment in respect thereof,— the sentence of imprisonment may, by further warrant under the hand of the High Commissioner and the Seal of the Cook Islands, be carried into effect in some prison in New Zealand under the provisions of subsection (5) of this section.
(5) Where any person brought to New Zealand under the provi- sions of this section is imprisoned in New Zealand under any of the foregoing provisions of this section,— (a) (b) The period during which he has been in custody since the sentence was imposed in the Cook Islands until his delivery to the Superintendent in New Zealand shall for all purposes be computed as part of the term of his im- prisonment: Subject to the provisions of section 275A of this Act he shall be imprisoned in New Zealand in the same man- ner in all respects and shall be subject in all respects to the same laws, as far as applicable, as if he had been sentenced by the High Court of New Zealand to impris- onment for the like offence, or committed to prison by that Court on the like grounds.
[Repealed] (6) (7) This section was substituted for the original section 275 by section 7 of the Cook Islands Amendment Act 1956.

In subsections (1) and (4) the words in double square brackets were substituted for the words “a Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966, and the words “or the Seal of Niue, as the case may re- quire” (as inserted by section 95(1) of the Cook Islands Amendment Act 1957) were omitted by section 2(1) of the Cook Islands Amendment Act 1966.
The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

In subsection (5)(b) the words in double square brackets were inserted by sec- tion 7(2)(a) of the Cook Islands Amendment Act 1962.

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

Section 275(6) was repealed by section 7(2)(b) of the Cook Islands Amendment Act 1962.
59 Part 5 s 275A Cook Islands Act 1915 Reprinted as at 20 September 2007 Section 275(7) was repealed by section 7(2)(b) of the Cook Islands Amendment Act 1962.
275A Release of prisoners transferred to New Zealand (1) Where any person (in this section referred to as the offender) brought to New Zealand under the provisions of section 275 of this Act is imprisoned in New Zealand under the provisions of that section,— (a) The Minister of Justice— (i) May at any time, by warrant signed by him, grant to the offender, not being an offender serving a sentence of life imprisonment, remission of any part of his sentence, not exceeding one-fourth of the term thereof, on the ground of his good conduct and industry; and, with the concurrence of the Minister of Foreign Affairs, may revoke any such remission, in whole or in part, before the offender is released, if the Minister of Justice is satisfied that the conduct or industry of the offender since the granting of the remission has been unsatisfactory or that the grant was made in error; and (ii) May, where he considers that the conduct of the offender has been exemplary during his sentence, or that the offender has during his sentence per- formed some outstanding act of service, grant to the offender, not being an offender serving a sen- tence of life imprisonment, in addition to any remission which may be granted to him under subparagraph (i) of this paragraph, a special re- mission of part of his sentence, not exceeding one-twelfth of the term; and, with the concur- rence of the Minister of Foreign Affairs, may re- voke any such remission at any time before the offender is released: (aa) The Minister of Justice, with the concurrence of the Minister of Foreign Affairs, may, in the case of any of- fender who is a Native, direct by warrant signed by him 60 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 275A that on the release of the offender he be allowed to re- main in New Zealand: (b) Where an offender is granted a remission of any part of his sentence under paragraph (a) of this subsection, then,— (i) (ii) If pursuant to this section he is to be released in New Zealand, the Minister of Justice, with the
 concurrence of the Minister of Foreign Affairs, may, by warrant, at any time before he is released, impose such special conditions of probation as he thinks fit in addition to those that apply by virtue of the provisions of section 38 of the Criminal Justice Act 1954: If pursuant to this section he is to be returned to the Cook Islands, the Minister of Justice, with the like concurrence, may, by warrant, at any time before he is released for the purpose of returning him to the Cook Islands, direct that, until a date specified in the warrant (being a date not later than the date of expiry of the term of the original sentence), the offender shall be subject to super- vision by a person to be nominated from time to time by the High Commissioner, and shall com- ply with the directions of that person with respect to such matters as are specified in the warrant: (2) (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.
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— 61 Part 5 s 275A Cook Islands Act 1915 Reprinted as at 20 September 2007 (a) (b) (c) Be returned to the Cook Islands and released on his ar- rival there; or Be returned in custody to the Cook Islands and continue to serve the sentence of imprisonment in some prison in the Cook Islands until a date specified by the Board (being, in the case of a prisoner undergoing a sentence of life imprisonment, such date as the Board thinks fit, and, in the case of any other prisoner, a date not later than 3 months after his return to the Cook Islands) and be released on the date so specified; or Be released in New Zealand.
(3) Any recommendation of the Prisons Parole Board under sub- section (2) of this section may be subject to such conditions as the Board thinks fit, including, if the Board thinks fit, a condi- tion, in the case of a prisoner to whom paragraph (a) or para- graph (b) of that subsection applies, that, until a date specified by the Board (being, in the case of an offender undergoing a sentence of life imprisonment, such date as the Board thinks fit, and in any other case a date not later than the date of the expiry of the term of the original sentence), he shall be subject to supervision by a person to be nominated from time to time by the High Commissioner and shall comply with the direc- tions of that person with respect to such matters as the Board specifies.
The provisions of the Criminal Justice Act 1954 relating to the release of an offender on probation shall not apply with respect to any offender who is to be returned to the Cook Islands pur- suant to this section.
(4) (5) Where pursuant to this section any offender is released in New Zealand, the provisions of sections 35 to 39 of the Criminal Justice Act 1954, as far as they are applicable, shall apply as if he had been so released at or before the expiry of a term of imprisonment imposed by the High Court of New Zealand.
(6) Where any offender who pursuant to this section is released in New Zealand desires to return to the Cook Islands before the expiration of the term of his probation, the Minister of Justice, on the application of the offender and with the concurrence of the Minister of Foreign Affairs, may cancel the probation- ary licence as from the date on which the offender leaves New 62 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 5 s 275A Zealand, and by warrant direct that as from the date of the ar- rival of the offender in the Cook Islands until a date specified in the warrant (being not later than the date on which the term of probation would have expired if the probationary licence had not been cancelled) the offender shall be subject to super- vision by a person to be nominated from time to time by the High Commissioner and shall comply with the directions of that person with respect to such matters as are specified in the warrant.
Every offender, if he is a Native.

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

.
.

(7) (9) (8) A recommendation of the Prisons Parole Board under this sec- tion may be given effect to in pursuance of a warrant signed by the Minister of Justice with the concurrence of the Minister of Foreign Affairs.

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

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

In subsection (1), paras (a), (aa), and (b) were substituted for the original paras (a) and (b) by section 3(1) of the Cook Islands Amendment Act 1967.
In subsection (1), in paras (a)(i), (a)(ii), (aa), and (b)(i), the references to the “Minister of Foreign Affairs” were substituted for references to the “Minister of Island Affairs” (as substituted by section 8(2) of the Maori and Island Affairs Department Act 1968) by section 2(4)(a) of the Cook Islands Amendment Act 1974.

In subsection (2), paras (a)-(c) were substituted for the original paras (a) and (b) by section 8(3) of the Cook Islands Amendment Act 1963.
In subsection (3) the words in the first set of double square brackets were sub- stituted for the words “Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.

In subsection (6) the words in the second set of double square brackets were substituted for the words “Resident Commissioner” by section 2(1) of the Cook Islands Amendment Act 1966.
63 Part 5 s 275B Cook Islands Act 1915 Reprinted as at 20 September 2007 In subsections (6) and (8) the references to the “Minister of Foreign Affairs” were substituted for references to the “Minster of Island Affairs” (as substituted by section 8(2) of the Maori and Island Affairs Department Act 1968) by section 2(4)(a) of the Cook Islands Amendment Act 1974.
In subsection (7) the words “and is not under sentence of exile from the Cook Islands” were omitted by section 8(2)(b) of the Cook Islands Amendment Act 1963.
275B Person conditionally released from imprisonment, or portion of whose sentence is conditionally remitted, may be imprisoned (1) Any person who is released from imprisonment— (a) (b) Pursuant to a remission of part of his sentence under paragraph (a) of subsection (1) of section 275A of this Act or to a recommendation of the Prisons Parole Board under paragraph (c) of that subsection subject to any conditions imposed under that section, and is returned to the Cook Islands under that section (including a person who returns to the Cook Islands pursuant to subsection (6) of that section); or Pursuant to a remission of part of his sentence under section 314B of this Act subject to any conditions im- posed under that section,— and who commits a breach of any such condition may be ar- rested by any constable without warrant and brought before a Judge of the High Court, and may be sentenced to imprison- ment, in the case of a person who was undergoing a sentence of life imprisonment, for such period as the Court thinks fit, and in any other case for any period not exceeding the unex- pired portion of the term of his original sentence.
For the purposes of this section, cumulative terms of impris- onment shall be treated as one term.

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

Section 276 was repealed by section 8(1) of the Cook Islands Amendment Act 1963.

276 (2) 64 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 6 s 284 277 Cumulative sentences [Repealed] Section 277: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Part 6 Criminal procedure 278 Magistratesm [Repealed] Sections 278-314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

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

280 Felonies and misdemeanours [Repealed] Sections 278-314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).
281 282 283 284 Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.

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

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

Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.
65 285 286 287 288 290 291 292 293 294 Part 6 s 285 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 281 to 288 were repealed by section 2(1) (a) Cook Islands Amendment Act 1970.

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

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

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

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

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

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

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


66 295 296 297 298 299 301 302 303 304 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 6 s 304 Sections 290 to 299 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.

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

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


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

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


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

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

67 305 306 307 Part 6 s 305 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 301 to 307 were repealed by section 2(1)(a) Cook Islands Amendment Act 1970.


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

308 Drawing up of conviction [Repealed] Sections 278-314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

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

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

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

68 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 6 s 314B 311 Conviction without sentence [Repealed] Sections 278-314B were repealed, as from 23 November 1982, by section 2 Cook Island Amendment Act 1982 (1982 No 65).

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

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

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

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

69 Part 7 s 315 Cook Islands Act 1915 Reprinted as at 20 September 2007 Part 7 Law of evidence Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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

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


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

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


315 316 317 318 319 320 321 322 323 70 324 325 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 7 s 328 Sections 315 to 325 were repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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

327 Form of oath Every oath, whether in a judicial proceeding or not, may be made in such form as the person making the same consents to, whether expressly or impliedly.
328 Making of oath (b) Except when the person making the oath so consents to any other form of oath, an oath shall, whether in a judicial or other proceeding, be made in one of the 2 forms following: (a) The person making the oath may, while holding in his hand a copy of the Bible, New Testament, or Old Tes- tament, repeat the words of the oath as prescribed or allowed by law; or The officer administering the oath may repeat the appro- priate form of adjuration commencing with the words “Do you swear by Almighty God”, or words to the like effect, and concluding with the words of the oath as pre- scribed or allowed by law, and the person making the oath shall thereupon, while holding in his hand a copy of the Bible, Old Testament, or New Testament, indi- cate his assent to the oath so administered by uttering the words “I do”, or other words to the like effect.
71 Part 7 s 329 Cook Islands Act 1915 Reprinted as at 20 September 2007 329 Absence of religious belief Where an oath has been duly made the fact that the person making the same had at the time of making the same no reli- gious belief shall not for any purpose affect the validity of the oath.
330 Affirmation may be made in lieu of oath (1) Every person shall be entitled as of right to make his solemn affirmation instead of an oath in cases in which an oath is re- quired or allowed by law, and such affirmation shall be of the same force and effect as an oath.

Every such affirmation shall commence with the words “I do solemnly, sincerely, and truly declare and affirm”, or words to the like effect, omitting any words of imprecation or calling to witness.
(2) 331 Evidence of children without oath In any proceeding all witnesses who are or appear to be under the age of 12 years may be examined without oath, but any such witness shall in such case be required before being exam- ined to make the following declaration: “I promise to speak the truth, the whole truth, and nothing but the truth”, or a dec- laration to the like effect; and such declaration shall be of the same force and effect as if the witness had taken an oath.
332 Necessity of oath Subject to the provisions of this Act, all witnesses in any judi- cial proceeding, civil or criminal, shall be examined on oath.
Part 8 Extradition Extradition from the Cook Islands to New Zealand 333 Arrest in Cook Islands of fugitive offenders from New Zealand When a warrant has been lawfully issued by any competent au- thority in New Zealand for the arrest of any person and such person is suspected of being in the Cook Islands or of being 72 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 8 s 337 about to come into the Cook Islands, a Judge of the High Court may, if satisfied in any manner that such warrant has been is- sued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in the Cook Islands, and such warrant shall be addressed to such person or persons as the Judge thinks fit.
334 Order of return to New Zealand On the arrest of any person in pursuance of a warrant so is- sued by a Judge of the High Court the person so arrested shall be forthwith brought before the High Court, which may, on the production of the original warrant issued in New Zealand, order the return of that person to New Zealand.
335 Refusal of order in case of hardship The High Court may refuse to make any such order if, having regard to the nature of the charge made against such person or to the circumstances of the case, the Court is of opinion that the return of such person to New Zealand would be the cause of undue hardship or would otherwise be unjustifiable or inexpedient.
336 Imprisonment or release pending return Pending the making of any such order of return, or pending the return of any such person to New Zealand, the High Court may either commit him to prison or admit him to bail in such manner and on such conditions as the Court thinks fit.
337 Release on security in lieu of return (1) Instead of making such an order of return, the High Court may release such person on bail conditioned for the payment of such sum or sums of money or the performance of such con- ditions with relation to the matters in respect of which the ori- ginal warrant was issued in New Zealand as the High Court thinks fit.
(2) On any breach of the conditions on which such person has been so released he may be again arrested in the Cook Islands under a warrant issued by a Judge of the High Court, and an order for 73 Part 8 s 338 Cook Islands Act 1915 Reprinted as at 20 September 2007 his return to New Zealand may be made in the same manner as if he had not been so released.
338 Return to New Zealand in custody Any person against whom an order of return to New Zealand has been so made shall, as soon as practicable thereafter, be taken from the Cook Islands to New Zealand in the custody of such person as a Judge of the High Court may approve, and shall on arrival in New Zealand be there delivered into the custody of an officer of police, to be dealt with in the same manner as if he had been arrested in New Zealand in pursuance of the original warrant issued there for his arrest.
Section 338 of the Cook Islands Act 1915 was substituted, as from 22 December 1980, by section 2 Cook Islands Amendment Act 1980 (1980 No 107).

339 Cancellation of order of return If any person so ordered to be returned to New Zealand is not returned in accordance with the order within a reasonable time after the making thereof, the High Court may cancel the order for his return.
Extradition from New Zealand to the Cook Islands 340 Arrest in New Zealand of fugitive offenders from the Cook Islands When a warrant has been lawfully issued by any competent authority in the Cook Islands for the arrest of any person, and such person is suspected of being in New Zealand or of being about to come into New Zealand, a Stipendary District Court Judge in New Zealand may, if satisfied in any manner that such warrant has been issued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in New Zealand, and such warrant shall be addressed to such person or persons as the District Court Judge thinks fit.
The words “District Court Judge” have been substituted for the word “Magis- trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
74 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 8 s 344 341 Order of return to the Cook Islands On the arrest of any person in pursuance of any warrant so issued by a District Court Judge the person so arrested shall be forthwith brought before a District Court Judge in New Zealand, who may, on the production of the original warrant issued in the Cook Islands, order the return of that person to the Cook Islands.
The words “District Court Judge” have been substituted for the word “Magis- trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).

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

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

75 Part 8 s 345 Cook Islands Act 1915 Reprinted as at 20 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).
345 Release on security in lieu of return (1) Instead of making such an order of return, the District Court Judge may release such person on bail conditioned for the pay- ment of such sum or sums of money or the performance of such conditions with relation to the matter in respect of which the original warrant was issued in the Cook Islands as the District Court Judge thinks fit.
(2) On any breach of the conditions on which such person has been so released he may be again arrested in New Zealand under a warrant issued by a District Court Judge, and an order for his return to the Cook Islands may be made in the same manner as if he had not been so released.

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

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

76 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 8 s 349A The words “District Court Judge” have been substituted for the word “Magis- trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
Removal from one island to another 348 Prisoners may be removed from one island to another Any person in lawful custody on any ground whatever in any island forming part of the Cook Islands may be removed in custody to any other of such islands.

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

349 Section 349 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
Application of Extradition Act to Cook Islands 349A Extradition Act in force in Cook Islands (1) Subject to the provisions of this Act, the Extradition Act 1965, so far as it is applicable, shall extend to and be in force in the Cook Islands In the application of the Extradition Act 1965 to the Cook Is- lands, unless the context otherwise requires,— (a) (2) (b) (c) (d) Every reference in that Act to New Zealand shall be read as a reference to the Cook Islands: Every reference in that Act to the Court, or to the High Court or a Judge thereof, or to a District Court Judge or Justice, shall be read as a reference to the High Court of the Cook Islands or a Judge of that Court: Every reference in that Act to the Minister of Justice shall be read, in relation to the Cook Islands, as a refer- ence to the Minister in Charge of the Justice Department of the Cook Islands: The reference in the definition of the expression extra- dition offence in subsection (1) of section 2 of that Act to the crimes described in Schedule 1 to that Act shall be read as a reference to such of the criminal offences de- scribed in Part 5 of this Act as correspond to the crimes described in Part 1 of that Schedule, and also as a ref- 77 Part 8 s 349A Cook Islands Act 1915 Reprinted as at 20 September 2007 (e) (f) (g) (h) (i) erence to such of the enactments specified in Part 2 of that Schedule as are in force in the Cook Islands: The references in subsection (2) of section 2 of that Act to sections 310, 311, and 312 of the Crimes Act 1961
 shall be read as references to sections 263, 264, 265, 268, and 268B of this Act, as the case may require: The references in subsections (3) and (4) of section 5 of that Act (as amended by section 5(2) of the Criminal Justice Amendment Act 1969) to Part 5A of the Crim- inal Justice Act 1954 and Part 4 of the Mental Health Act 1969 shall be read as references to sections 591 and 593 of this Act, as the case may require: The references in sections 8 and 15 of that Act to the preliminary hearing of an information
 for an indictable offence shall be read as references to the trial of an offence punishable by the High Court in the ordinary course of its criminal jurisdiction and procedure: The reference in section 8 of that Act to the Summary Proceedings Act 1957 shall be read as a reference to this Act, and the reference in that section (as amended by section 5(2) of the Criminal Justice Amendment Act 1969) to Part 5A of the Criminal Justice Act 1954 shall be construed as a reference to sections 590, 592, and 593 of this Act: No Order in Council made under that Act shall have any force or effect in the Cook Islands unless it is made at the request and with the consent of the Government of the Cook Islands made and given in the manner provided in Article 88 of the Constitution of the Cook Islands (as set out in the Schedule to the Cook Islands Constitution Act 1964).
This section was inserted by section 18(1) of the Extradition Act 1965.

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

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

In subsections (1) and (2) the words “and Niue” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.
78 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 9 s 353 In subsection 2(a) the words “or to Niue, as the case may require” were omitted by section 2(1) of the Cook Islands Amendment Act 1966.

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

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

Part 9 Crown suits [Repealed] Part 9: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
350 Crown proceedings in the Cook Islands [Repealed] Section 350: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

352 351 353 Section 351 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.

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

Sections 352 and 353 were repealed by section 32(2) of the Crown Proceedings Act 1950.
79 Part 10 s 354 Cook Islands Act 1915 Reprinted as at 20 September 2007 Part 10 Crown land [Repealed] Part 10: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

354 All land in the Cook Islands vested in Her Majesty [Repealed] Section 354: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
355 Grants of Crown land [Repealed] Section 355: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

356 Reserves of Crown land for public purposes [Repealed] Section 356: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

357 Taking of land for public purposes [Repealed] Section 357: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
358 Revocation of warrant taking land [Repealed] Section 358: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

359 Compensation for land taken [Repealed] Section 359: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

360 Resumption of Crown land for public purposes [Repealed] Section 360: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
80 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 10 s 366 361 Reservation of land so taken or resumed [Repealed] Section 361: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

362 Purchase of land for public purposes [Repealed] Section 362: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
363 Control of Crown land by High Commissioner [Repealed] Section 363: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

364 Public purposes defined [Repealed] Section 364: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

365 Saving of reserves under the Cook Islands Government Act 1908 [Repealed] Section 365: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
366 Validation of Crown purchases [Repealed] Section 366: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Part 11 The Land Court [Repealed] Part 11: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
81 Part 11 s 367 Cook Islands Act 1915 Reprinted as at 20 September 2007 Constitution of the Land Court [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

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

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


367 368 369 370 [Repealed] Sections 367 to 370 were repealed by section 58 of the Cook Islands Amend- ment Act 1964.

371 Registrars of the Land Court [Repealed] Subsection (1) was substituted for the original subsection (1) (as amended by section 95(1) of the Cook Islands Amendment Act 1957), as from 1 January 1967, by section 2(1) of the Cook Islands Amendment Act 1966 (1966 No 39).
Sections 371-385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

372 Deputy Registrars [Repealed] The words in single square brackets were substituted for the words “The Gov- ernor-General may also appoint such Deputy Registrars of the Native Land Court as he thinks necessary, who shall hold office during his pleasure, and” by section 95(1) of the Cook Islands Amendment Act 1957.
82 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 11 s 377 The references to the “Land Court” were substituted for references to the “Na- tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

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

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

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

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

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

377 Administrative officers [Repealed] The words in the first set of square brackets were inserted, and the words “may be” were substituted for the words “the Governor-General thinks”, by section 95(1) of the Cook Islands Amendment Act 1957.
83 Part 11 s 378 Cook Islands Act 1915 Reprinted as at 20 September 2007 The reference to the “Land Court” was substituted for a reference to the “Native Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

Sections 371-385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
378 Rules of Court [Repealed] Subs (1) was substituted for the original sub (1), as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).

In subsection (2) the words in square brackets were substituted for the words “rules do”, as from 7 June 1965, by section 3(1) of the Cook Islands Amend- ment Act 1965 (1965 No 1).

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

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

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

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

84 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 11 s 387 382 Sittings of Court [Repealed] The reference to the “Land Court” was substituted for a reference to the “Native Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
Sections 371-385 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

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

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

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

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

386 Costs may be charged on land [Repealed] Section 386: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
387 Right of audience [Repealed] The references to the “Land Court” were substituted for references to the “Na- tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

85 Part 11 s 388 Cook Islands Act 1915 Reprinted as at 20 September 2007 Sections 387-390 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
388 Amendments of defects [Repealed] The references to the “Land Court” were substituted for references to the “Na- tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

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

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

Sections 387-390 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

390A Amendment of orders after title ascertained [Repealed] Section 390A: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
391 Annulment of orders obtained by fraud [Repealed] Section 391: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

86 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 11 s 398 392 Enforcement of orders of Land Court by High Court [Repealed] The references to the “Land Court” were substituted for references to the “Na- tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
Section 392 was repealed, as from 23 November 1982, by section 2 Cook Is- lands Amendment Act 1982 (1982 No 65).

393 Enforcement of charges [Repealed] Section 393: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Orders [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 394 was repealed by section 48(10) of the Cook Islands Amendment Act 1946.
395 Partition orders [Repealed] Section 395: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

396 Orders in respect of deceased persons [Repealed] Section 396: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

397 Orders bind all persons interested [Repealed] Section 397: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Section 398 was repealed by section 58 of the Cook Islands Amendment Act 1964.

87 394 398 Part 11 s 399 Cook Islands Act 1915 Reprinted as at 20 September 2007 399 Validity of orders [Repealed] Section 399: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Contempt of the Land Court [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
400 Contempt of Court defined [Repealed] The references to the “Land Court” were substituted for references to the “Na- tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

In paragraph (e) the words in the first set of square brackets were inserted, as from 7 June 1965, by section 3(1) of the Cook Islands Amendment Act 1965 (1965 No 1).
Sections 400-408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

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

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

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

88 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 11 s 407 Sections 400-408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).
404 Arrest on warrant [Repealed] The references to the “Land Court” were substituted for references to the “Na- tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).

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

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

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

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

89 Part 11 s 408 Cook Islands Act 1915 Reprinted as at 20 September 2007 408 Jurisdiction in contempt may be exercised at any time or place [Repealed] The references to the “Land Court” were substituted for references to the “Na- tive Land Court”, as from 17 November 1964, by section 57(4) of the Cook Islands Amendment Act 1964 (1964 No 70).
Sections 400-408 were repealed, as from 23 November 1982, by section 2 Cook Islands Amendment Act 1982 (1982 No 65).

Additional jurisdiction [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

409 Miscellaneous jurisdiction of Land Court [Repealed] Section 409: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
409A Access to Native land [Repealed] Section 409A: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

410 High Commissioner may confer jurisdiction on Land Court [Repealed] Section 410: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Surveys [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
411 Land Court may order surveys [Repealed] Section 411: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

90 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 12 s 417 412 Entry for purpose of survey [Repealed] Section 412: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Pending and former proceedings [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

413 Pending proceedings may be continued [Repealed] Section 413: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

414 Operation of orders heretofore made [Repealed] Section 414: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
415 Drawing up of orders heretofore made [Repealed] Section 415: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

416 Validation of former orders Section 416: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Part 12 Customary land [Repealed] Part 12: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
417 Declaring land to be free from customary title [Repealed] Section 417: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

91 Part 12 s 418 Cook Islands Act 1915 Reprinted as at 20 September 2007 418 Validity of dispositions of land by the Crown [Repealed] Section 418: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
419 Native customary title limited by high-water mark [Repealed] Section 419: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

420 For certain purposes customary land to be deemed Crown land [Repealed] Section 420: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
421 Investigation of title to customary land [Repealed] Section 421: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

422 Native customs to be recognised [Repealed] Section 422: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

423 Freehold orders [Repealed] Section 423: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
424 Effect of freehold orders [Repealed] Section 424: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

425 Tenancy in common [Repealed] Section 425: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

92 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 13 s 430 426 Ariki land [Repealed] Section 426: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
427 Freehold orders in favour of persons deceased [Repealed] Section 427: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

428 Land the title to which has been heretofore investigated declared to be freehold land [Repealed] Section 428: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Part 13 Partition and exchange of Native land [Repealed] Part 13: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Partition orders [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

429 Jurisdiction to partition Native land [Repealed] Section 429: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
430 Partition orders [Repealed] Section 430: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

93 Part 13 s 431 Cook Islands Act 1915 Reprinted as at 20 September 2007 431 Apportionment of encumbrances on partition [Repealed] Section 431: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
432 Mode of partition [Repealed] Section 432: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

433 Land to be partitioned into suitable areas [Repealed] Section 433: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

434 Combination of several areas of land for purpose of partition [Repealed] Section 434: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
435 Payments by way of equality of partition [Repealed] Section 435: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

436 Trustees on partition [Repealed] Section 436: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

437 Encumbrances or undivided interests on partition [Repealed] Section 437: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Orders of exchange [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

94 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 13 s 444 438 Jurisdiction to effect exchange of Native land [Repealed] Section 438: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
439 Exchange of freehold interests only [Repealed] Section 439: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

440 Conditions of exchange [Repealed] Section 440: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

441 Exchange for Crown land [Repealed] Section 441: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
442 Effect of order of exchange [Repealed] Section 442: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

443 Payment for equality of exchange [Repealed] Section 443: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

444 Land obtained in exchange becomes Native land [Repealed] Section 444: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
95 Part 14 s 445 Cook Islands Act 1915 Reprinted as at 20 September 2007 Part 14 Native succession [Repealed] Part 14: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

445 Wills of Natives [Repealed] Section 445: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
446 Succession to deceased Natives [Repealed] Section 446: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

447 Native land not to vest in administrators [Repealed] Section 447: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

448 Succession orders [Repealed] Section 448: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
449 Effect of succession order [Repealed] Section 449: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

450 Revocation of succession orders [Repealed] Section 450: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

451 No action without succession order [Repealed] Section 451: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
96 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 15 s 457 452 No alienation without succession order [Repealed] Section 452: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

453 Native land not assets for payment of debts [Repealed] Section 453: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
454 Estate of Native other than land to be assets for payment of debts [Repealed] Section 454: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

455 Interest in Native land to include all things growing on or attached to land [Repealed] Section 455: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Part 15 Adoption of children by Natives [Repealed] Part 15: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

456 Adoption by Native custom invalid [Repealed] Section 456: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

457 Validity of adoption heretofore registered [Repealed] Section 457: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
97 Part 15 s 458 Cook Islands Act 1915 Reprinted as at 20 September 2007 458 Orders of adoption [Repealed] Section 458: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

459 Applications for adoption [Repealed] Section 459: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
460 Who may be adopted [Repealed] Section 460: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

461 Conditions of adoption [Repealed] Section 461: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

462 Consent of natural parents required [Repealed] Section 462: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
463 Adoptions by more than one person [Repealed] Section 463: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

464 Annulment of orders of adoption [Repealed] Section 464: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

465 Effect of adoption [Repealed] Section 465: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
98 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 16 s 469 465A Effect of orders of adoption on interests in Native land [Repealed] Section 465A: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Part 16 Alienation of Native land [Repealed] Part 16: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Restrictions on alienation [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

466 Removal of restrictions on alienation [Repealed] Section 466: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

467 Alienation of customary land prohibited [Repealed] Section 467: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
468 Alienation in fee simple prohibited [Repealed] Section 468: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

469 Alienation for a longer period than 60 years prohibited [Repealed] Section 469: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
99 Part 16 s 470 Cook Islands Act 1915 Reprinted as at 20 September 2007 470 Alienation by way of security prohibited [Repealed] Section 470: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

471 Alienation of things growing on or attached to land deemed an alienation of land [Repealed] Section 471: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
472 Disposition of life interest to be deemed an alienation of land [Repealed] Section 472: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

473 Assignment of rents or profits prohibited [Repealed] Section 473: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
474 Alienation by trustees of Native land [Repealed] Section 474: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Execution of instruments of alienation [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

475 Alienations must be in writing [Repealed] Section 475: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
100 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 16 s 481 476 Execution of instruments out of the Cook Islands [Repealed] Section 476: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

476A Execution of renewals of leases [Repealed] Section 476A: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Confirmation [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

477 Confirmation necessary [Repealed] Section 477: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

478 Application for confirmation [Repealed] Section 478: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
479 Orders of confirmation [Repealed] Section 479: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

480 Effect of confirmation [Repealed] Section 480: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

481 Confirmation of inconsistent instruments [Repealed] Section 481: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
101 Part 16 s 482 Cook Islands Act 1915 Reprinted as at 20 September 2007 482 Conditions of confirmation [Repealed] Section 482: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

483 Alienation in pursuance of confirmed contracts [Repealed] Section 483: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
484 Alteration of instruments on confirmation [Repealed] Section 484: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

485 Validity and operation of confirmed instruments [Repealed] Section 485: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

486 Alienations to the Crown [Repealed] Section 486: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Native reservations [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

487 Establishment of Native reservations [Repealed] Section 487: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

488 Revocation or variation of reservation [Repealed] Section 488: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
102 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 17 s 493 489 Reservations inalienable [Repealed] Section 489: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

490 Management and control of Native reservations [Repealed] Section 490: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Miscellaneous [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

491 Native land not to be taken in execution [Repealed] Section 491: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

492 Payment into Land Court of rents and other proceeds of alienation [Repealed] Section 492: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Part 17 Trustees for Natives [Repealed] Part 17: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

493 Definition of person under disability [Repealed] Section 493: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
103 Part 17 s 494 Cook Islands Act 1915 Reprinted as at 20 September 2007 494 Trustee orders [Repealed] Section 494: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

495 Matters to be set forth in trustee orders [Repealed] Section 495: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
496 Appointment of new trustees [Repealed] Section 496: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

497 Orders restricting powers of trustees [Repealed] Section 497: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

498 Cancellation of trustee orders [Repealed] Section 498: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
499 Determination of trustee orders [Repealed] Section 499: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

500 Trust property not to vest in trustee [Repealed] Section 500: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

501 Administration of property by trustee [Repealed] Section 501: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
104 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 17 s 507 502 Alienation of property by trustee [Repealed] Section 502: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

503 Powers of trustee [Repealed] Section 503: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
504 Expenditure of revenues of trust property [Repealed] Section 504: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

505 Enforcement of trusts [Repealed] Section 505: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

506 Co-trustees must act jointly [Repealed] Section 506: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
507 Remuneration of trustees [Repealed] Section 507: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Part 18 Marriage [Repealed] Part 18: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
105 Part 18 s 508 Cook Islands Act 1915 Reprinted as at 20 September 2007 508 Prohibited degrees of consanguinity [Repealed] Section 508: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

509 Marriages to take place before marriage officer [Repealed] Section 509: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
510 Marriage officer defined [Repealed] Section 510: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

511 Appointment of marriage officers [Repealed] Section 511: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

512 Offence [Repealed] Section 512: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
513 Notice of marriage [Repealed] Section 513: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

514 Mode of solemnisation [Repealed] Section 514: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

515 Record of marriage [Repealed] Section 515: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
106 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 18 s 523 516 Signature of record [Repealed] Section 516: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

517 Transmission of records [Repealed] Section 517: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
518 Minimum age of marriage [Repealed] Section 518: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

519 Marriage of minors [Repealed] Section 519: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

520 Offence by marriage officer [Repealed] Section 520: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
521 Signature of false record by party or witness [Repealed] Section 521: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

522 Misrepresentation as to facts to procure marriage [Repealed] Section 522: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
523 Legitimation per subsequens matrimonium [Repealed] Section 523: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

107 Part 19 s 524 Cook Islands Act 1915 Reprinted as at 20 September 2007 Part 19 Divorce 524 Jurisdiction of High Court [Repealed] Section 524: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
525 Limitation of jurisdiction [Repealed] Section 525: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

526 Nullity of marriage [Repealed] Section 526: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 527 was repealed by section 10(2) of the Cook Islands Amendment Act 1921.
528 Grounds of refusal of divorce [Repealed] Section 528: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

529 Domicile of deserted wife [Repealed] Section 529: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 530 was repealed by section 10(2) of the Cook Islands Amendment Act 1921.
531 Co-respondent as a party [Repealed] Section 531: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

108 527 530 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 19 s 539 532 Intervention [Repealed] Section 532: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
533 Agreement no bar to divorce [Repealed] Section 533: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

534 No appeal to High Court [Repealed] Section 534: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

535 Remarriage of divorced persons [Repealed] Section 535: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
536 Costs [Repealed] Section 536: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

537 Order for maintenance of divorced wife [Repealed] Section 537: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

538 Order as to custody of children [Repealed] Section 538: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
539 Molestation of divorced wife by her husband [Repealed] Section 539: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
109 Part 19 s 540 Cook Islands Act 1915 Reprinted as at 20 September 2007 540 (1) (2) Jurisdiction of High Court The jurisdiction of the High Court of New Zealand under the Matrimonial Proceedings Act 1963 shall extend to the Cook Islands in the same manner as if those islands constituted for all purposes part of New Zealand, and a domicile in the Cook Islands shall for the purposes of such jurisdiction be deemed to be a domicile in New Zealand accordingly.
In the exercise of such jurisdiction the High Court shall, in respect of the grounds of divorce and in respect of all other matters, act in accordance with the Matrimonial Proceedings Act 1963 and not in accordance with this Act.

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

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Part 20 Maintenance and affiliation [Repealed] Part 20: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

541 Interpretation [Repealed] Section 541: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Maintenance and affiliation orders [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
542 Jurisdiction of High Court [Repealed] Section 542: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

110 Reprinted as at 20 September 2007 543 Applications Cook Islands Act 1915 Part 20 s 550 [Repealed] Section 543: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
544 Jurisdiction discretionary [Repealed] Section 544: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

545 Affiliation orders [Repealed] Section 545: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

546 Evidence [Repealed] Section 546: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
547 Maintenance order in favour of illegitimate child [Repealed] Section 547: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

548 Maintenance order against father in favour of child [Repealed] Section 548: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
549 Maintenance order against mother in favour of child [Repealed] Section 549: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

550 Maintenance order against husband in favour of wife [Repealed] Section 550: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
111 Part 20 s 551 Cook Islands Act 1915 Reprinted as at 20 September 2007 551 Maintenance order against wife in favour of husband [Repealed] Section 551: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

552 Maintenance order against any person in favour of father or mother [Repealed] Section 552: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
553 Disobedience to maintenance order [Repealed] Section 553: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

554 Maintenance money a debt [Repealed] Section 554: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

555 Order in favour of non-residents [Repealed] Section 555: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
556 Order against non-residents [Repealed] Section 556: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

557 Orders in absentia [Repealed] Section 557: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

558 Repeated applications [Repealed] Section 558: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
112 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 20 s 565 559 Payments not to be made in advance [Repealed] Section 559: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

560 Cancellation, variation, and suspension of orders [Repealed] Section 560: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
561 Payment of maintenance money [Repealed] Section 561: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

562 Security for obedience to maintenance orders [Repealed] Section 562: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

563 Operation of agreements Section 563: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
564 Purport and duration of maintenance orders [Repealed] Section 564: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

565 Order for past maintenance [Repealed] Section 565: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Offences [Repealed] Heading: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
113 Part 20 s 566 Cook Islands Act 1915 Reprinted as at 20 September 2007 566 Leaving Cook Islands while maintenance money in arrear an offence [Repealed] Section 566: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

567 Leaving Cook Islands after affiliation order and before birth of child an offence [Repealed] Section 567: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
568 Leaving Cook Islands with intent to disobey maintenance order an offence [Repealed] Section 568: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

569 Leaving Cook Islands while failing to maintain wife an offence [Repealed] Section 569: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
570 Leaving Cook Islands while failing to maintain child an offence [Repealed] Section 570: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

571 Leaving Cook Islands with intent to desert wife or child an offence [Repealed] Section 571: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
572 Attempting to leave the Cook Islands [Repealed] Section 572: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

114 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 20A s 573E 573 Evidence of intent [Repealed] Section 573: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Part 20A Adoption of children by Europeans and Native spouses of Europeans [Repealed] Part 20A: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

573A High Court may make adoption orders [Repealed] Section 573A: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
573B Persons who may apply for adoption order [Repealed] Section 573B: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

573C Who may be adopted [Repealed] Section 573C: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

573D Restrictions on making adoption orders [Repealed] Section 573D: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
573E Consents to adoptions [Repealed] Section 573E: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

115 Part 20A s 573F Cook Islands Act 1915 Reprinted as at 20 September 2007 573F Effect of order of adoption [Repealed] Section 573F: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
573G Annulment of order of adoption [Repealed] Section 573G: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Part 21 Persons of unsound mind Orders of medical custody A person detained under an order of medical custody made under this Part is a patient within the meaning of the Tokelau Divorce Regulations 1975.

See SR 1975/262/4 (5).


574 Application by Medical Officer to High Court [Repealed] Section 574: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

575 Medical certificates as to persons of unsound mind [Repealed] Section 575: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
576 Order of medical custody [Repealed] Section 576: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

577 Renewal of order [Repealed] Section 577: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
116 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 21 s 583 578 Cancellation of order [Repealed] Section 578: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

579 Discharge from custody [Repealed] Section 579: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
580 Arrest and detention of persons committed to medical custody [Repealed] Section 580: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

581 Treatment of persons detained [Repealed] Section 581: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
582 Removal from the Cook Islands to New Zealand When an order of medical custody has been so made against any person the High Court may, at the same time or at any time thereafter while the order remains in force, issue under the seal of the Court a warrant for the removal of that person from the Cook Islands to New Zealand.
583 Conditions of removal No such warrant shall be issued unless the Court is satisfied, on the certificate by 2 Medical Officers, or by one Medical Officer and a graduate of the Central Medical School at Suva, Fiji, and on the examination of the person alleged to be of unsound mind, that his removal from the Cook Islands to New Zealand is necessary in his own interest or for the safety of other persons.
This section was substituted for the original section 583 (as amended by section 12(2) of the Cook Islands Amendment Act 1956) by section 2(1) of the Cook Islands Amendment Act 1966.
117 Part 21 s 584 Cook Islands Act 1915 Reprinted as at 20 September 2007 584 Method of removal On the issue of any such warrant for the removal of any per- son to New Zealand he may be taken to New Zealand in the custody of any person appointed in that behalf by a Medical Officer in any ship belonging to Her Majesty or in any British ship or in any aircraft which is approved by the Chief Medical Officer or 2 Medical Officers as suitable for the purpose.
The words in the first set of square brackets were substituted for the words “a Chief Medical Officer” by section 5(4) of the Cook Islands Amendment Act 1923.

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

The words “District Court Judge” have been substituted for the word “Magis- trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
586 District Court Judge may make a reception order The District Court Judge may thereupon, without further ap- plication or evidence, make in respect of the person so brought before him a reception order under the Mental Health Act 1969 in the same manner, so far as applicable, as if an application for a reception order had been made in accordance with that Act, and the reception order so made shall be deemed for all purposes to be a reception order made under that Act, and shall have effect accordingly.
118 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 21 s 590 The “Mental Health Act 1969” has been substituted for the repealed “Mental Health Act 1911” (the title of which was amended by section 2(3) of the Mental Health Amendment Act 1954).

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

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

In subsection (2) the reference to a “manager” was substituted for a reference to a “committee” by section 129(7) of the Mental Health Act 1969.

(2) 588 Warrant for arrest of persons of unsound mind [Repealed] Section 588: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
589 Arrest of persons of unsound mind without warrant [Repealed] Section 589: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Criminal lunatics 590 Insane persons not to be tried for offences [Repealed] Section 590: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
119 Part 21 s 591 Cook Islands Act 1915 Reprinted as at 20 September 2007 591 Detention of accused persons acquitted on ground of insanity [Repealed] Section 591: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

592 Discharge [Repealed] Section 592: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
593 Orders of medical custody of criminal lunatics (1) When any person is so detained, whether in the case of a charge of murder or manslaughter or otherwise, the High Court shall have the same jurisdiction to make an order of medical custody or to issue a warrant for removal to New Zealand as in the case of any other person of unsound mind.

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

[Repealed] Section 594 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.

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

Sections 595 to 603 were repealed by section 16(1)(a) of the Cook Islands Amendment Act 1961.
594 120 595 596 597 598 599 600 601 602 603 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 23 s 604 Sections 595 to 603 were repealed by section 16(1)(a) of the Cook Islands Amendment Act 1961.

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

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

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


Part 23 Roads [Repealed] Part 23: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
604 Road defined [Repealed] Section 604: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

121 Part 23 s 605 Cook Islands Act 1915 Reprinted as at 20 September 2007 605 Existing roads [Repealed] Section 605: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

606 Proclamation of existing roads [Repealed] Section 606: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
607 Proclamation of new roads [Repealed] Section 607: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

608 Roads not to vest in the Crown [Repealed] Section 608: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

609 Maintenance and control of roads [Repealed] Section 609: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
610 Effect of freehold order on roads [Repealed] Section 610: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

611 Roads laid out on partition or investigation of title [Repealed] Section 611: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

612 Dedication of roads by Natives [Repealed] Section 612: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
122 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 24 s 618 613 Closing of roads [Repealed] Section 613: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

614 Warrants as to roads to be gazetted [Repealed] Section 614: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Part 24 The laws of the Cook Islands: general provisions Application of the laws of New Zealand 615 Law of England as in the year 1840 to be in force in the Cook Islands [Repealed] Section 615: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

616 Jurisdiction of the High Court [Repealed] Section 616: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
617 Common law and equity to be administered concurrently [Repealed] Section 617 was repealed, as from 23 November 1982, by section 2 Cook Is- lands Amendment Act 1982 (1982 No 65).

618 Statute law of New Zealand not applicable to Cook Islands [Repealed] Section 618: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
123 Part 24 s 619 Cook Islands Act 1915 Reprinted as at 20 September 2007 619 When enactment in force in Cook Islands, amendments and regulations to be in force also [Repealed] Section 619: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

620 Other enactments in force in Cook Islands to be read subject to this Act [Repealed] Section 620: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
621 Criminal procedure in Cook Islands [Repealed] Section 621 was repealed, as from 23 November 1982, by section 2 Cook Is- lands Amendment Act 1982 (1982 No 65).

622 Acts Interpretation Act in force in Cook Islands [Repealed] Section 622: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

Section 623 was repealed by section 2(1)(a) Cook Islands Amendment Act 1970.
624 Arbitration Act in force in Cook Islands [Repealed] Section 624: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

625 Bills of Exchange Act in force in Cook Islands [Repealed] Section 625: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
626 Chattels Transfer Act in force in Cook Islands [Repealed] Section 626: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
124 623 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 24 s 632 627 Copyright Act in force in Cook Islands (1) The Copyright Act 1962 shall apply to the Cook Islands in the same manner in all respects as if the Cook Islands were for all purposes part of New Zealand, and the term New Zealand as used in that Act shall, both in New Zealand and in the Cook Is- lands, be construed as including the Cook Islands accordingly.
(2) (3) Offences punishable on summary conviction under that Act shall, if committed in the Cook Islands, be punishable by the High Court in the ordinary course of its criminal jurisdiction.

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

Section 627(2) was repealed by section 2(1) of the Cook Islands Amendment Act 1966.
628 Deaths by Accidents Compensation Act in force in Cook Islands [Repealed] Section 628: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

629 Demise of the Crown Act in force in Cook Islands [Repealed] Section 629: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
630 Parts of Infants Act in force in Cook Islands [Repealed] Section 630: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

631 Marine Insurance Act in force in Cook Islands [Repealed] Section 631: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

632 Mercantile Law Act in force in Cook Islands (1) The Mercantile Law Act 1908 shall extend to and be in force in the Cook Islands.
125 633 Part 24 s 633 Cook Islands Act 1915 Reprinted as at 20 September 2007 (2) Both in the application of that Act to the Cook Islands and in its application to New Zealand the term New Zealand as used in that Act shall be deemed to include the Cook Islands as being part of New Zealand.

Section 633 was repealed by section 2(1)(a) of the Cook Islands Amendment Act 1970.
634 Partnership Act in force in Cook Islands [Repealed] Section 634: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
(1) 635 Patents Act, Designs Act, Trade Marks Act, and Merchandise Marks Act in force in Cook Islands The Patents Act 1953, the Designs Act 1953, the Trade Marks Act 1953, and the Merchandise Marks Act 1954 shall apply to the Cook Islands in the same manner in all respects as if the Cook Islands were for all purposes part of New Zealand, and the term New Zealand as used in those Acts shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands accordingly.
(2) (3) Offences punishable on summary conviction under those Acts shall, if committed in the Cook Islands, be punishable by the High Court in the ordinary course of its criminal jurisdiction.

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

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

126 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 24 s 640 636 Post Office Act in force in Cook Islands (1) The Post Office Act 1959 shall apply to the Cook Islands in the same manner in all respects as if those islands were for all purposes part of New Zealand, subject, however, to the following modifications.
Every offence against that Act committed in the Cook Islands shall be punishable in those islands by the High Court in the ordinary course of its criminal jurisdiction.

(2) (4) (3) All powers conferred upon a District Court Judge by that Act may be exercised in the Cook Islands by the High Court.

The term New Zealand as used in that Act shall, both in New Zealand and in the Cook Islands, be construed as including the Cook Islands.
In subsection (1) the “Post Office Act 1959” has been substituted for the re- pealed “Post and Telegraph Act 1908”.

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

The words “District Court Judge” have been substituted for the word “Magis- trate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).
637 Property Law Act in force in Cook Islands [Repealed] Section 637: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

638 Sale of Goods Act in force in Cook Islands [Repealed] Section 638: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

639 Trustee Act in force in Cook Islands [Repealed] Section 639: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
640 Wills Act Amendment Act 1852 in force in Cook Islands [Repealed] Section 640: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

127 Part 24 s 640A Cook Islands Act 1915 Reprinted as at 20 September 2007 640A Merchant Shipping Act (UK) not to apply to Cook Islands [Repealed] Section 640A: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
641 Limitation of actions (1) (2) The law of the Cook Islands as to prescription and the limita- tion of actions shall be the same as that which is in force for the time being in New Zealand.

For the purposes of the law as to prescription and the limitation of actions New Zealand shall in the Cook Islands be deemed to be parts beyond the seas, and the Cook Islands shall in New Zealand be deemed to be parts beyond the seas.
(3) No right, title, estate, or interest in Native land shall be ac- (4) quired or lost by prescription or limitation.

For the purposes of the law of prescription and the limitation of actions no account shall be taken of time which has elapsed before the commencement of this Act.

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

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

642 643 644 Sections 642 to 644 were repealed by section 2 of 1982 No 65.
645 Contracts by Natives [Repealed] Section 645: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

646 Securities given by Natives [Repealed] Section 646: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
128 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 24 s 653 647 Employer’s liability [Repealed] Section 647: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

648 Liability of owners of dogs [Repealed] Section 648: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
649 Distress for rent abolished [Repealed] Section 649: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

650 Calendar of the Cook Islands [Repealed] Section 650: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

651 Time of day in Cook Islands [Repealed] Section 651: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
652 Statutory references to time [Repealed] Section 652: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
653 Statutory declarations (1) Any Judge or Registrar of the High Court or of the Land Court or any Judge of the Land Appellate Court, or the High Com- missioner, or any Resident Agent, Collector of Customs, Med- ical Officer, Commissioner of the High Court, or Solicitor of the High Court, may in the Cook Islands take and receive in any matter the declaration of any person voluntarily making the same before him in the form in Schedule 2 to this Act.
129 Part 24 s 653A Cook Islands Act 1915 Reprinted as at 20 September 2007 (2) If any declaration so made is false in any material particu- lar, the person wilfully making such false declaration shall be guilty of an offence punishable by imprisonment for 2 years.

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

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

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

130 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 24 s 657A 654 Taxes on Native land [Repealed] Section 654: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

655 Bankruptcy (1) Bankruptcy in New Zealand shall have the same effect in re- spect to property situated in the Cook Islands as if that property was situated in New Zealand.
(2) Nothing in this section shall apply to the interest of a Native or descendant of a Native in Native land or to the interest of any person in customary land.

In subsection (2) the words in square brackets were inserted by section 11(3) of the Cook Islands Amendment Act 1950.

656 Warrants of arrest [Repealed] Section 656: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
657 Trespass ab initio [Repealed] Section 657: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Oath of Allegiance and Judicial Oath 657A Certain officers to take Oath of Allegiance and Judicial (1) (2) Oath The oath in this section referred to as the Oath of Allegiance shall be in the form following, that is to say: “I, , swear that I will be faithful and bear true allegiance to Her [or His] Majesty [Specify the name of the reigning Sovereign, as thus: Queen Elizabeth the Second], Her [or His] heirs and successors, according to law.
So help me God.” The oath in this section referred to as the Judicial Oath shall be in the form following, that is to say: “I, , swear that I will well and truly serve Her [or His] Majesty [Specify as above], Her [or His] heirs and successors, accord- ing to law, in the office of ; and I will do right to all manner of 131 Part 24 s 657A Cook Islands Act 1915 Reprinted as at 20 September 2007 people after the laws and usages of the Cook Islands, without fear or favour, affection or ill will.
So help me God.” Every person required to take the Oath of Allegiance and the Judicial Oath shall be entitled as of right to make his affirm- ation, instead of taking an oath.

Every such affirmation shall be as follows: “I, , sincerely promise and affirm”, and shall then proceed with the words of the oaths prescribed by subsections (1) and (2) of this sec- tion, omitting any words of imprecation or calling to witness.
The Oath of Allegiance and the Judicial Oath shall be taken by each of the following officers (being persons appointed to those offices after the commencement of this section) as soon as may be after his acceptance of office: (i) (a) (b) (c) (d) (e) (f) (g) (h) Every person holding an office by virtue of which he is a District Court Judge within the meaning of section 278 of this Act: Sheriffs.
(j) The oaths to be taken under this section may be taken either in the Cook Islands or in New Zealand, and shall be taken before the following persons in such manner as the person adminis- tering the oath sees fit to adopt: (d) (a) (b) (c) In the case of any District Court Judge within the mean- ing of section 278 of this Act or of any Sheriff, before the Chief Judge or any other Judge of the High Court or the High Commissioner, or before any other person specified by the High Commissioner in any particular case.
(3) (4) (5) (6) 132 Reprinted as at 20 September 2007 Cook Islands Act 1915 Part 24 s 657A (7) (e) Substituted by s 3(1) of the Cook Islands Amendment Act 1965, and repealed by s 2(1) of the Cook Islands Amendment Act 1966.
If any person mentioned in subsection (5) of this section de- clines or neglects, when the oaths required to be taken by him under this section are duly tendered, to take those oaths, he shall if he has already entered on his office vacate the same, and if he has not entered on the same be disqualified from en- tering on the same; but no person shall be compelled in respect of the same appointment to the same office to take any oath more than once: Provided that no proceedings before any such person may be questioned in any Court solely on the ground that that person has failed to take the oaths prescribed by this section.
This section was inserted by section 94 of the Cook Islands Amendment Act 1957.

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

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

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

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

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

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

Section 657A(5)(h) was repealed by section 2(1) of the Cook Islands Amend- ment Act 1966.

Paragraph (a) of subsection 6 was repealed by section 2(1) of the Cook Islands Amendment Act 1966.
Paragraph (b) of subsection 6 was repealed by section 3(1) of the Cook Islands Amendment Act 1965.

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

In subsection (6), paragraph (d) was substituted for the former paragraph (d) (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) of the Cook Islands Amendment Act 1966.
133 Part 24 s 658 Cook Islands Act 1915 Reprinted as at 20 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).

Repeals and validation 658 Repeal of all existing laws of the Cook Islands [Repealed] Section 658: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
659 Enactments specifically repealed [Repealed] Section 659: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

660 Validation of Ordinances [Repealed] Section 660: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).
Schedule 1 Boundary lines enclosing the Cook Islands Section 2 A LINE commencing at a point at the intersection of the 23rd degree of south latitude and the 156th degree of longitude west of Green- wich, and proceeding due north to the point of intersection of the 8th degree of south latitude and the 156th degree of longitude west of Greenwich; thence due west to the point of intersection of the 8th degree of south latitude and the 167th degree of longitude west of Greenwich; thence due south to the point of intersection of the 17th degree of south latitude and the 167th degree of longitude west of Greenwich; thence due west to the point of intersection of the 17th degree of south latitude and the 170th degree of longitude west of Greenwich; thence due south to the point of intersection of the 23rd degree of south latitude and the 170th degree of longitude west of Greenwich; and thence due east to the starting point at the intersec- 134 Reprinted as at 20 September 2007 Cook Islands Act 1915 Schedule 3 tion of the 23rd degree of south latitude and the 156th degree of lon- gitude west of Greenwich.
Schedule 2 Form of declaration Section 653 The words “High Commissioner of the Cook Islands” were substituted for the words “High Commissioner of the Cook Islands, Resident Commissioner of Niue” (as substituted by section 3(1) of the Cook Islands Amendment Act 1965) by section 2(1) Cook Islands Amendment Act 1966.

The words “Supreme Court” have been changed to “High Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Schedule 3 Enactments repealed [Repealed] Section 659 Schedule 3: repealed, on 20 September 2007, by section 5 of the Cook Islands Amendment Act 2007 (2007 No 49).

135 Notes Cook Islands Act 1915 Reprinted as at 20 September 2007 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent first) General This is an eprint of the Cook Islands Act 1915.

It incorporates all the amendments to the Cook Islands Act 1915 as at 20 September 2007.
The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been officialised.
For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent first) Cook Islands Amendment Act 2007 (2007 No 49) Notes 1 2 3 136