Cook Islands Amendment Act 1950

1: Short Title
This Act may be cited as the Cook Islands Amendment Act 1950, and shall be read together with and deemed part of the Cook Islands Act 1915
1: Native Antiquities
2: Interpretation
In this Part of this Act the expression Native antiquities
3: High Commissioner may acquire Native antiquities
The High Commissioner may acquire on behalf of Her Majesty for the benefit of the people of the Cook Islands such Native antiquities as he thinks expedient, and may provide for their safe custody. The original section 3 amended 7 June 1965 Cook Islands Amendment Act 1965 Cook Islands Amendment Act 1965 Section 3 substituted 1 January 1967 2(2) Cook Islands Amendment Act 1966
4: Native antiquities to be offered for sale before exportation
It shall not be lawful to remove from the Cook Islands any Native antiquities without first offering them for sale to the High Commissioner on behalf of Her Majesty for the benefit of the people of the Cook Islands. The original section 4 amended 7 June 1965 Cook Islands Amendment Act 1965 Cook Islands Amendment Act 1965 Section 4 substituted 1 January 1967 2(2) Cook Islands Amendment Act 1966
5: Power to detain Native antiquities attempted to be exported
It shall be the duty of all constables and officers of Customs to seize and detain any Native antiquities attempted to be removed from the Cook Islands contrary to the provisions of this Part of this Act.
6: Exporting Native antiquities without permission
1: Every person who, without the express permission in writing of the High Commissioner, exports from the Cook Islands $200
2: Notice of the intention to export any Native antiquities shall be given by the exporter to the Collector or other proper officer of Customs at least 24 hours before shipment.
3: Any Native antiquities entered for export contrary to this Part of this Act shall be deemed to be forfeited, and shall vest in Her Majesty Provided that the High Commissioner may, after inquiry, cancel the forfeiture if he thinks fit. Subsection (1) amended 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words Niue or, without the consent of the High Commissioner, exports from the Cook Islands other than Niue the Cook Islands Subsection (1) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words the High Commissioner, exports from the Cook Islands Minister, exports from Niue or, without the consent of the High Commissioner, exports from the Cook Islands other than Niue The original proviso to subsection (3) amended 7 June 1965 Cook Islands Amendment Act 1965 The proviso to subsection (3) substituted 1 January 1967 2(2) Cook Islands Amendment Act 1966
7: Power to remove antiquities in certain cases
Nothing in this Part of this Act shall be deemed to prevent any person who has offered any Native antiquities for sale as provided by section 4 The original section 7 amended 7 June 1965 Cook Islands Amendment Act 1965 Cook Islands Amendment Act 1965 Section 7 substituted 1 January 1967 2(2) Cook Islands Amendment Act 1966
8: Right to copy of antiquities intended to be exported
1: On any application for permission to export any Native antiquities the High Commissioner may, if he thinks fit the High Commissioner directs
2: Every such copy shall be the property of Her Majesty Subsection (1) amended 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words or, as the case may be, the High Commissioner may, if he thinks fit may, if he thinks fit Subsection (1) amended 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words Minister, or as the case may be, the High Commissioner directs Minister directs Subsection (1) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words the High Commissioner may, if he thinks fit the Minister or, as the case may be, the High Commissioner may, if he thinks fit Subsection (1) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words the High Commissioner directs the Minister or, as the case may be, the High Commissioner directs
9: High Commissioner to decide what articles come under this Part
In case any dispute arises as to whether any article or thing comes within the scope of this Part of this Act, that dispute shall be determined by the High Commissioner Section 9 amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words in the case of an article in Niue, and by the High Commissioner in any other case Section 9 amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words the High Commissioner the Minister in the case of an article in Niue, and by the High Commissioner in any other case
10: Section 10 repealed 1 January 1967 2(2) Cook Islands Amendment Act 1966
2: Miscellaneous Amendments of Principal Act
11:
1: This subsection amended the definition of the term Native freehold land s 2
2: All land which or an undivided share in which on the passing of this Act is beneficially vested in fee simple in a descendant of a Native who has derived his title thereto by intestate succession shall be deemed as from the passing of this Act to be Native freehold land: Provided that nothing in this subsection shall affect the rights of any person under any alienation, lease, or mortgage or other charge, encumbrance, or disposition in existence on the passing of this Act.
3: The enactments specified in Schedule 1
12: Section 12 repealed 27 November 1970 Cook Islands Amendment Act 1970
13: Section 13 repealed 25 October 1957 90(2) Cook Islands Amendment Act 1957
14: Section 14 repealed 27 November 1970 Cook Islands Amendment Act 1970
15:
16:
17:
18: Section 18 repealed 25 October 1957 91(2) Cook Islands Amendment Act 1957
19: Validating lease of Aitutaki Aerodrome to the Crown
Whereas the land described in the Schedule 2 And whereas no written lease of the said land has been signed and, having regard to the large number of Native owners having an interest in the said land, it is not practicable for a written lease thereof to be signed by all the Natives having an interest therein: And whereas it is expedient that the oral agreement to lease be validated as if it had been reduced to writing and signed by all persons having an interest in the said land: Be it therefore enacted as follows: The land described in the Schedule 2 Minister of Foreign Affairs Her Majesty
a: The lease shall be deemed to have been granted on the 9th day of September 1942:
b: The lease shall be for a term of 30 years from the said date with a perpetual right of renewal for further successive period of 30 years each:
c: The annual rent payable to the persons entitled during the first term of the lease shall be $1
d: If the Crown desires to obtain a renewal of the lease pursuant to paragraph (b)
e: Subject to the next succeeding paragraph, the annual rent to be paid during the currency of each renewal term of the lease shall be 5 percent of the unimproved value of the said land as determined on the revaluation made pursuant to the last preceding paragraph, but shall not be less than $1
f: In the event of any dispute between the Crown and any person entitled to a share of the annual rent as to the unimproved value of the said land for the purposes of ascertaining the rent payable during the currency of any renewal of the said lease, the High Court shall, on the application of the High Commissioner
g: The Crown shall be entitled at any time to remove all or any improvements effected on the said land during the currency of the lease or of any renewal thereof, and shall be under no liability whatsoever to pay compensation in respect of any improvements so removed. Paragraph (f) amended 1 April 1959 95(3) Cook Islands Amendment Act 1957 Paragraph (f) amended 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words the High Commissioner the Minister or of the Resident Commissioner of the Cook Islands The words Minister of Island Affairs substituted 31 October 1968 Minister of Island Territories Maori and Island Affairs Department Act 1968 substituted 8 November 1974 Minister of Foreign Affairs 2(4)(a) Cook Islands Amendment Act 1974