Tokelau Amendment Act 1986

1: Short Title and commencement
1: This Act may be cited as the Tokelau Amendment Act 1986, and shall be read together with and deemed part of the Tokelau Act 1948
2: This Act shall come into force on the 1st day of August 1986.
1: Civil and criminal jurisdiction
2: Interpretation
In this Part of this Act, unless the context otherwise requires, Commissioner section 5
3: High Court of New Zealand to be a Court of law for Tokelau
1: The High Court of New Zealand shall have all jurisdiction which may be necessary to administer the law of Tokelau in the same manner in all respects as if that jurisdiction had been conferred upon that Court as a separate Court of justice in and for Tokelau.
2: The jurisdiction conferred on the High Court by subsection (1) and to the provisions of any rules made by the General Fono
3: In the exercise of the jurisdiction conferred on it by subsection (1) Subsection (2) amended 1 August 1996 7 Tokelau Amendment Act 1996 by inserting the words and to the provisions of any rules made by the General Fono See clause 2 Tokelau Amendment Act Commencement Order 1996
4: Appeals to Court of Appeal of New Zealand
1: An appeal shall lie to the Court of Appeal of New Zealand from any judgment, decree, or order of the High Court of New Zealand exercising the jurisdiction conferred on it by section 3
2: The decision of the Court of Appeal on any appeal under this section shall be final.
5: Appointment of Commissioners
1: The Governor-General, on the recommendation of the Minister of Foreign Affairs made after consultation by that Minister with the Elders of the island concerned, may appoint any Tokelauan to be—
a: Commissioner for Atafu:
b: Commissioner for Fakaofo:
c: Commissioner for Nukunonu.
2: Subject to subsections (4) (5)
3: Every Commissioner shall be eligible for reappointment from time to time.
4: The Governor-General may, if the Governor-General thinks fit, remove a Commissioner for inability or misbehaviour.
5: A Commissioner may resign the office of Commissioner by notice in writing addressed to the Administrator of Tokelau.
6: Every Commissioner may be paid out of the Tokelau General Account such salary or allowance and other allowances as may be fixed by the Administrator of Tokelau. Subsections (2) (3) substituted 1 August 1996 8 Tokelau Amendment Act 1996 See subsection (2) clause 2 Tokelau Amendment Act Commencement Order 1996
6: Incapacity or absence of Commissioner
1: If at any time a Commissioner is incapable by reason of sickness or otherwise of performing the office of Commissioner or is absent from the island for which that person is Commissioner, or where there is a vacancy in the office of Commissioner, any person performing in that island the functions of a Faipule may, without further authority or appointment, exercise any function, duty, or power of the Commissioner during that incapacity, absence, or vacancy.
2: The fact that any person performing the functions of a Faipule exercises any function, duty, or power of a Commissioner shall be conclusive evidence of that person's authority to do so.
7: Jurisdiction of Commissioners
1: A Commissioner shall have jurisdiction—
a: In actions for the recovery of any debt or damages not exceeding $1,000 in amount:
b: In actions for the recovery of chattels not exceeding $1,000 in value:
c: In criminal proceedings for any offence punishable by fine only:
d: In criminal proceedings for any offence punishable by imprisonment for not more than 1 year.
2: Subject to the provisions of any regulations made under the principal Act, a Commissioner shall, in the exercise of that Commissioner's criminal jurisdiction, have power to do any one or more of the following things:
a: To impose a term of imprisonment not exceeding 3 months:
b: To impose a fine not exceeding $150:
c: To order the performance of community work:
d: To place an offender under Police supervision:
e: To give a public reprimand:
f: To order the payment of compensation, not exceeding $1,000 in amount, for the loss of or damage to any property of the victim of the offence:
g: To order the restitution of any property to the victim of the offence.
3: Subject to subsection (3A) section 3A
a: The island for which that Commissioner is appointed; and
b: The territorial sea of Tokelau that surrounds that island.
3A: Notwithstanding anything in subsection (3) subsection (1)
a: Any offence to which section 9 Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977
b: Any offence against the law of Tokelau that is committed on board any vessel or aircraft, in any case where, at the time of the commission of the offence, the vessel or aircraft—
i: Is in the service of Tokelau; and
ii: Is travelling to or from Tokelau or between any of the islands of Tokelau.
4: In any criminal proceedings, a Commissioner may, at any time during those proceedings, discuss the case, in the presence of the prosecutor, the defendant, and the defendant's counsel (if any), with the Taupulega of the island for which that Commissioner is appointed.
5: Where any such discussion is held, the Commissioner shall give—
a: The prosecutor; and
b: The defendant or the defendant's counsel (if any)— the opportunity to be heard and to tender evidence on any matter raised in that discussion. Subsection (3) substituted (3A) inserted 1 August 1996 9 Tokelau Amendment Act 1996 See clause 2 Tokelau Amendment Act Commencement Order 1996
8: Extension of jurisdiction of Commissioners by agreement between the parties
If, but for the amount or value of the subject-matter claimed or in issue, a Commissioner would have jurisdiction under section 7(1)(a) (b) 1947 No 16 37
9: Abandonment of part of claim to give Commissioner jurisdiction
1: Where a plaintiff has a cause of action for more than $1,000 in respect of which a Commissioner would have jurisdiction if the amount were not more than $1,000, the plaintiff may abandon the excess, and thereupon a Commissioner shall have jurisdiction to hear and determine the action.
2: Where any action, in which the plaintiff has abandoned part of the plaintiff's claim under this section, is heard by a Commissioner, the plaintiff shall not recover an amount exceeding $1,000 together with costs thereon, and the judgment of the Commissioner in the action shall be in full discharge of all demands in respect of the cause of action, and judgment shall be entered accordingly. 1947 No 16 36
10: Appeal from Commissioners
1: Subject to subsections (2) (3) section 3
a: Subject to any other enactment, as if that judgment were a decision of a District Court in New Zealand; and
b: In accordance with such procedures as a Judge of the High Court determines are appropriate to the circumstances.
2: Any person who wishes to appeal pursuant to subsection (1)
3: No appeal shall lie pursuant to subsection (1)
11: Validation of things done under
Part 1 of Tokelau Amendment Act 1970 Nothing done before the passing of this Act by any Judge of the High Court of Niue in the purported exercise of the jurisdiction purportedly conferred by Part 1 of the Tokelau Amendment Act 1970 Consequential amendments
12:
13: Tokelau Crimes Regulations 1975
1: Every reference in Parts 5 to 7 Niue Act 1966 regulation 2 of the Tokelau Crimes Regulations 1975
2: The Tokelau Crimes Regulations 1975 regulation 3 the High Court of Niue the High Court of New Zealand
14: Tokelau (New Zealand Laws) Regulations 1975
The Tokelau (New Zealand Laws) Regulations 1975 regulation 2(2) , and every reference to the Supreme Court shall be read as a reference to the High Court of Niue
15: Chattels Transfer Act in force in Tokelau
The Tokelau (New Zealand Laws) Regulations 1975 regulation 3
3:
1: The Chattels Transfer Act 1924
2: In the application of that Act to Tokelau, every reference to a Justice of the Peace shall be read as a reference to a Judge of the High Court of New Zealand and to the Commissioner for Atafu or for Fakaofo or for Nukunonu.
16: Trustee Act in force in Tokelau
The Tokelau (New Zealand Laws) Regulations 1975 regulation 6
6:
1: The Trustee Act 1956 subclause (2) of this regulation
2: Every reference in that Act to New Zealand shall be read as a reference to Tokelau.
17: Saving
The amendment by any provision of sections 13 to 16
18: Repeals and savings
1: This subsection repealed the Tokelau Amendment Act 1970 sections 3 and 4 of the Tokelau Amendment Act 1970 sections 2(2)(d) 3(5) 3(6) Tokelau Amendment Act 1976 Tokelau Amendment Act 1983
2: Without limiting the provisions of the Acts Interpretation Act 1924 subsection (1) Tokelau Amendment Act 1970
a: The amendments made by section 9(6) and Part 2 of that Act
b: The effect of section 12 of that Act Subsection (1)(c) substituted 1 August 1986 10(1) Tokelau Amendment Act 1996
2: Other amendments
19: Section 19 repealed 1 August 1996 11(1)(b) Tokelau Amendment Act 1996 See clause 2 Tokelau Amendment Act Commencement Order 1996
20:
21:
22: