Cook Islands Amendment Act 1957

1: Short Title and commencement
1: This Act may be cited as the Cook Islands Amendment Act 1957, and shall be read together with and deemed part of the Cook Islands Act 1915
2: Parts 1 2 3 95 96
1: The Government of the Cook Islands
Part 1 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
2: Interpretation
Section 2 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007 The Executive Government of the Cook Islands Heading repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
3: Section 3 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
4: Section 4 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
5: Section 5 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
6: Section 6 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
7: Section 7 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
8: Section 8 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
9: Section 9 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
10: Section 10 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
11: Section 11 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
12: Section 12 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
13: Section 13 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
14: Section 14 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 The public revenues of the Cook Islands Heading repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
15: Section 15 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
16: Loans to Cook Islands Government Account
Section 16 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
17: Section 17 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
18: Section 18 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
19: Section 19 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
20: Traders' deposit accounts
Section 20 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
21: Section 21 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 Public health Heading repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
22: Chief Medical Officer of the Cook Islands
Section 22 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
23: Qualification of Medical Officers
Section 23 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
24: Duties of Chief Medical Officer of the Cook Islands
Section 24 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
25: Hospitals and other institutions of public health
Section 25 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
26: Compulsory transfer of lepers
Section 26 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007 Prisons and police Heading repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
27: Section 27 repealed 27 November 1970 Cook Islands Amendment Act 1970
28: Section 28 repealed 27 November 1970 Cook Islands Amendment Act 1970
29: Section 29 repealed 27 November 1970 Cook Islands Amendment Act 1970
30: Section 30 repealed 27 November 1970 Cook Islands Amendment Act 1970 Education Heading repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
31: Section 31 repealed 26 October 1967 6(b) Cook Islands Amendment Act 1967 The Legislative Government of the Cook Islands Heading repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
32: Section 32 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
33: Section 33 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
34: Section 34 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
35: Section 35 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
36: Section 36 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
37: Section 37 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
38: Section 38 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
39: Section 39 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
40: Section 40 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
41: Section 41 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
42: Section 42 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
43: Section 43 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
44: Section 44 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
45: Section 45 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
46: Section 46 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
47: Section 47 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
48: Section 48 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
49: Section 49 repealed 4 August 1965 58 Cook Islands Amendment Act 1964
50: Section 50 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 Miscellaneous Heading repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
51: Island Councils
Section 51 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
52: High Commissioner may assent to Island Council bylaws by telegram
Section 52 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007 Subsection (1) substituted (1A) inserted 7 June 1965 Cook Islands Amendment Act 1965 In subsection (2) the words the High Commissioner substituted 4 August 1965 the Resident Commissioner 57(3) Cook Islands Amendment Act 1964 Subsection (2) amended Cook Islands Amendment Act 1965 by substituting the expression subsection (1A) paragraph (b) of subsection (1) amended by substituting the words Article 44 of the Constitution section 42 of this Act In subsection (3) the Post and Telegraph Act 1928 has been repealed replaced
53: Section 53 repealed 25 November 1970 Cook Islands Amendment Act 1970
54: Section 54 repealed 25 November 1970 Cook Islands Amendment Act 1970
2: The Government of Niue
55: Section 55 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
56: Section 56 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
57: Section 57 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
58: Section 58 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
59: Section 59 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
60: Section 60 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
61: Section 61 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
62: Section 62 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
63: Section 63 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
64: Section 64 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
65: Section 65 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
66: Section 66 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
67: Section 67 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
68: Section 68 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
69: Section 69 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
70: Section 70 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
71: Section 71 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
72: Section 72 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
73: Section 73 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
74: Section 74 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
75: Section 75 repealed 4 August 1965 53(a) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
3: The Cook Islands public service
76: Interpretation
In this Part of this Act, unless the context otherwise requires,— Administering authority Administering authority: inserted 7 June 1965 Cook Islands Amendment Act 1965 omitted 1 January 1967 2(2) Cook Islands Amendment Act 1966 Cook Islands Public Service Cook Islands Public Service: the original definition was amended 7 June 1965 Cook Islands Amendment Act 1965 Cook Islands Public Service and employee: substituted 1 January 1967 3(1) Cook Islands Amendment Act 1966 Employee Cook Islands Public Service and employee: substituted 1 January 1967 3(1) Cook Islands Amendment Act 1966 New Zealand controlling authority the State Sector Act 1988 the State Services Commission New Zealand controlling authority: A reference to the State Services Act 1962 was substituted 1 January 1965 State Services Act 1962 substituted 1 April 1988 88(2) State Sector Act 1988 New Zealand controlling authority: the words the State Services Commission substituted 1 January 1967 the Public Service Commission State Services Act 1962 New Zealand Government Service the Government Superannuation Fund Act 1956 New Zealand Government Service: The reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976
77: Section 77 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
78: Section 78 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
79: Section 79 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
80: Section 80 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
81: Section 81 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
82: Section 82 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
83: Payment of salary and allowances
Section 83 repealed 20 September 2007 section 6 Cook Islands Amendment Act 2007
83A: Section 83A inserted 7 June 1965 Cook Islands Amendment Act 1962 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
84: Section 84 repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
84A: Section 84A inserted 4 August 1965 55 Cook Islands Amendment Act 1964 84A repealed 1 January 1967 3(2)(a) Cook Islands Amendment Act 1966
84B: Superannuation rights of employees of Cook Islands Public Service appointed as Ministers
1: Where any member of the Legislative Assembly (in this section referred to as the contributor), being a member of the Cook Islands Public Service and a contributor to the Government Superannuation Fund (in this section referred to as the Fund), is at any time after the first general election of the Assembly held after the commencement of this section and before the 1st day in January 1966, appointed to be a Minister of the Government of the Cook Islands
a: He may elect to postpone the acceptance by him of a refund of the contributions made by him to the Fund or the other benefits to which he may be entitled from the Fund and the making of any election which he may be entitled to make in respect of those benefits; and
b: The period of postponement shall expire not later than 13 months after the contributor ceases to be a Minister or the expiration of the period of 4 years after the appointment of the contributor as a Minister, whichever first occurs. The period may be at any time terminated by the contributor by notice in writing addressed to the Superintendent of the Fund. The period shall be deemed to commence on the date of the contributor's appointment as a Minister, and is in this section referred to as the period of postponement.
2: If the contributor is during the period of postponement appointed (whether permanently or temporarily) to the Cook Islands Public Service, the period of his contributory service after that appointment shall for the purposes of the Government Superannuation Fund Act 1956
3: The contributor shall be deemed to continue to be a contributor to the Fund during the period of postponement: Provided that no contributions shall be payable by the contributor to the Fund, and no payments shall be made to the contributor for his own benefit out of the Fund, in respect of the period of postponement or any part thereof, and no part of that period shall be regarded as part of the period of his contributory service.
4: Notwithstanding the provisions of subsections (2) (3)
5: Where any contributor ceases to be a Minister during the period of postponement, and at the time when he ceases to be a Minister or thereafter during the period of postponement he is or becomes medically unfit for further duty within the meaning of subsection (4) the Government Superannuation Fund Act 1956 section 35
6: The provisions of subsections (2) (2A) (3) (5) the Government Superannuation Fund Act 1956 section 36
7: Where any contributor dies during the period of postponement, the provisions of sections 45 46 47 the Government Superannuation Fund Act 1956 Subsection (1) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by omitting the words other than Niue In subsections (2), (5), (6) and (7) the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976
85: Employment in New Zealand and Cook Islands Public Services
1: Any person permanently employed in the New Zealand Government Service may, with the consent of the New Zealand controlling authority, be appointed to any position in the Cook Islands Public Service in all respects as if he were an employee thereof; but, until he is appointed to a position in the Cook Islands Public Service, no such person shall have any right of appeal against any determination of the Secretary of the Premier's Department
2: Any employee of the Cook Islands Public Service may be appointed to any position in the New Zealand Government Service in all respects as if he were permanently employed therein; but, until he is appointed to a position in the New Zealand Government Service, no such person shall have any right of appeal against any determination of the New Zealand controlling authority in relation to any appointment, promotion, or transfer in the New Zealand Government Service. For the purposes of this subsection, the seniority of any such person shall be determined with reference to his grading (if any) in the New Zealand Government Service.
3: Any person appointed to a position in the Cook Islands Public Service under subsection (1) subsection (2)
a: His status, rights, and liabilities in each service shall be unaffected by the fact that he holds a position in the other service; and
b: In respect of each position he shall be subject to the laws governing the service to which that position belongs, irrespective of his tenure of a position in the other service; and
c: He shall in respect of each service be qualified for promotion, increase of salary, and appointment to any other position as if he held no position in the other service.
4: So long as any person so holds positions concurrently in both services, he shall be deemed to be absent on leave without pay from the New Zealand Government Service or, as the case may be, from the Cook Islands Public Service, unless the New Zealand controlling authority or, as the case may be, the Secretary of the Premier's Department
5: When an employee of the New Zealand Government Service is appointed to a position in the Cook Islands Public Service, and then or thereafter ceases to hold a position in the New Zealand Government Service, he shall not be deemed for that reason to have retired from the New Zealand Government Service, but shall become a supernumerary employee of that service, and, unless he sooner resigns from the New Zealand Government Service, shall so remain until he ceases to be employed in the Cook Islands Public Service and for such further period, not exceeding 6 months, as the New Zealand controlling authority may from time to time in any case allow.
6: When an employee of the Cook Islands Public Service is appointed to a position in the New Zealand Government Service, and then or thereafter ceases to hold a position in the Cook Islands Public Service, he shall not be deemed for that reason to have retired from the Cook Islands Public Service, but shall become a supernumerary employee of that service, and, unless he sooner resigns from the Cook Islands Public Service, shall so remain until he ceases to be employed in the New Zealand Government Service and for such further period, not exceeding 6 months, as the Secretary of the Premier's Department
7: A supernumerary employee shall receive no pay in respect of the service of which he is a supernumerary employee, but shall for all other purposes be deemed to remain an employee of that service.
8: Any employee of the Cook Islands Public Service may, with the consent of the New Zealand controlling authority, be attached to the New Zealand Government Service for training or experience, and during the period of his service in New Zealand that employee shall be paid such salary and allowances as may be determined by the New Zealand controlling authority. This section was substituted 5 December 1962 Cook Islands Amendment Act 1962 Subsections (1) (4) (6) amended 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words administering authority State Services Commission Subsections (1) (4) (6) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words Secretary of the Premier's Department administering authority
85A: Contribution to Government Superannuation Fund by employees of the Cook Islands Public Service
1: The provisions of subsections (2) (3) the Government Superannuation Fund Act 1956
a: He shall be a contributor to that Fund from the dates specified in subsection (2) (3) section 50 section 22 the Government Superannuation Fund Act 1956
b: He shall have the right, pursuant to section 28 of that Act, to cease to be a contributor.
2: While any employee to whom subsection (1) subsection (5) the Government Superannuation Fund Act 1956 Provided that, when any such employee has held a position in the Cook Islands Public Service for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or if he is transferred to or returns to employment in the New Zealand Government Service, within one year after the termination of service in the Cook Islands, elect to contribute on the salary received by him in respect of his employment in the Cook Islands Public Service (exclusive of any special allowance received by him in respect of his residence in the Cook Islands) with effect from the date of his appointment in the last-mentioned service.
3: While any person to whom subsection (2) subsection (6) subsection (8) Secretary of the Premier's Department the Government Superannuation Fund Act 1956 Provided that, when any such employee has held a position in the New Zealand Government Service for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or if he is transferred to or returns to employment in the Cook Islands Public Service, within one year after the termination of service in New Zealand, elect to contribute on the salary received by him in respect of his employment in the New Zealand Government Service with effect from the date of his appointment in the last-mentioned service.
4: Upon any such election, there shall be payable by the employee to the Fund, within such time and in such manner as the Government Superannuation Board determines, such sum as the Board fixes in respect of the excess of his salary during the past period as an employee of the Cook Islands Public Service or of the New Zealand Government Service, as the case may be, over the amount deemed to be his salary during that period under the foregoing provisions of this subsection.
5: In this section the term employee
a: The High Commissioner of the Cook Islands:
b: A Judge of the High Court of the Cook Islands:
c: A Judge of the Land Court
cc: The Secretary of the Premier's Department:
ccc: A member of the staff of the High Commissioner of the Cook Islands:
d: The holder of any position specified in a declaration made pursuant to section 78
e: The holder of any position specified in a notice given pursuant to paragraph (e) the Government Superannuation Fund Act 1956 section 2 of the Government Superannuation Fund Amendment Act 1958 The original section was inserted 26 September 1958 6 Cook Islands Amendment Act 1958 This section was substituted 5 December 1962 Cook Islands Amendment Act 1962 In subsections (1) and (2) the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 Subsection (3) amended 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words administering authority State Services Commission Subsection (3) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words Secretary of the Premier's Department administering authority In subsection (3) the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 Subsection (5)(a) substituted 7 June 1965 Cook Islands Amendment Act 1965 In subsection (5)(c) the words the Land Court substituted 4 August 1965 the Native Land Court 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 (SR 1965/128) Subsection (5)(cc) (ccc) inserted 7 June 1965 Cook Islands Amendment Act 1965 In subsection (5)(e) the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 In subsection (5)(e) the reference to the Superannuation Fund Amendment Act 1958 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976
85B: Section 85B inserted 17 October 1960 29 Cook Islands Amendment Act 1960 repealed 1 January 1967 2(2) Cook Islands Amendment Act 1966
4: Miscellaneous provisions
86: Section 86 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
87: Section 87 repealed 27 November 1970 Cook Islands Amendment Act 1970
88: Section 88 repealed 27 November 1970 Cook Islands Amendment Act 1970
89:
1:
2: Subsection (1) repealed 27 November 1970 Cook Islands Amendment Act 1970
90: Section 90 repealed 27 November 1970 Cook Islands Amendment Act 1970
91: Section 91 repealed 1 January 1967 2(2) Cook Islands Amendment Act 1966
92:
93:
94:
95: Consequential amendments
1: The principal Act is hereby amended in the manner indicated in Schedule 2
2:
3:
4: All references to the Legislative Council of the Cook Islands in any Act, regulation, Ordinance, order, or other enactment, or in any agreement, deed, instrument, application, licence, notice, or other document whatsoever shall be read hereafter as references to the Legislative Assembly of the Cook Islands, and all proceedings, resolutions, and other acts of authority of the Legislative Council of the Cook Islands shall be deemed to be proceedings, resolutions, and acts of authority of the Legislative Assembly of the Cook Islands.
5: Subsection (2) repealed 1 January 1967 2(2) Cook Islands Amendment Act 1966 Subsection (3) repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 Subsection (5) repealed 1 January 1967 2(2) Cook Islands Amendment Act 1966
96: Repeals, revocation, and savings
1: The enactments specified in Schedule 3
2: The regulations as to the Cook Islands Public Service made by Order in Council on the 5th day of June 1916 and published in the Gazette
3: Without limiting the provisions of the Acts Interpretation Act 1924
4: Every Island Council (except the Island Council of Niue) constituted under Part 2 Part 1 section 51 sections 62 to 72 74 76 to 78 92 to 100 Part 2 section 51