NZ Clears Way
pp. 39-41 · Read in the full issue
or ‘Cabinet Govt.’
In The Cooks
mi a Special Wellington Correspondent T he progress of New Zealand's md territories towards self •ernment is illustrated by the pass of the Cook Islands Amendment 1962, which removes anomalies existing legislation and brings it 0 line with legislation in New tland.
IGHLIGHTS of the Amendment Act are: > Provision for establishing an jcutive Committee of the Legisla- Assembly of the Cook Islands, cribed by the Minister of Island ritories, Mr. F. L. A. Gotz, in senting the Bill for its second ding, as “the first stage of a type Cabinet Government”. • Alterations to the criminal code, uding abolition of capital punish it, and reduction of penalties for ;ain offences now punishable with •risonment for life; 1 Provision, for the first time, of ystem of probation for prisoners :ased from Cook Island gaols be ; they have served their full sen :es.
'he sections relating to the ninal code have been based on vant parts of appropriate New land Acts.
Tie “Cabinet Government” section :he Cook Islands Amendment Act, 2, provides for an executive corn tee of the Cook Islands Legisla- Assembly consisting of the Resi t Commissioner, the Secretary to Government, the Treasurer, and ;n members of the Assembly sen by the Assembly, hese members were selected last r after Mr. Gotz visited the Cooks announced that it was NZ policy give additional responsibility to island territory, bringing it to self ernment eventually, he Assembly expressed the hope the Cooks be self-governing lin New Zealand sovereignty.
"he functions of the Executive nmittee are to advise the Govern it of the Cook Islands on policy ters, to promote economic de ipment, and to draw up proposals the annual appropriation of funds the Assembly. revision is made for the Resident nmissioner, with the approval of Minister or at his direction, to :gate to the committee any powers, fnder the type of Cabinet Govern
ment of which the Executive Committee will be the first stage, responsibility for determining policy will be increasingly entrusted to the Assembly.
The Act also empowers the Executive Committee, if authorised by an ordinance of the Legislative Assembly, to approve expenditure before the passing of an annual appropriation ordinance in any financial year. This power is at present in the hands of the Resident Commissioner.
Alterations to the criminal code inelude extending the power of the High Court of the Cook Islands to grant a rehearing of criminal cases, besides cases within its civil jurisdiction as at present.
The reason for this provision is the possibility of a mistake or other irre gularity occuring in a criminal case, especially one tried in the outer islands.
Such a defect might result in a mis carriage of justice that could not be remedied even by the long, cumber some and fairly costly procedure of appealing to the Supreme Court of New Zealand, „ The Provision was drafted to look after s “ ch t eventualities and is based on part of the Summary Proceedings Act ; 1957 which has been found very usetul ln New Zealand- Capital punishment for murder has been abolished in the Cook Islands
nd replaced by imprisonment for life all cases.
A new penalty, the same as pro ;ded in New Zealand by the Crimes ;ct 1961, has been introduced for >e offences of inciting to mutiny, at mpted murder, counselling suicide, nd rape, which were previously pun nable by imprisonment for life.
The penalty for inciting to mutiny ill henceforth be 10 years’ imprison ment, and for the other offences 14 ;ars’ imprisonment.
Other sections repeal provisions of ic previous Act relating to gaming, tfine an accessory after the fact, pre iribe punishment for accessories, and iovide for the release of prisoners ansferred to New Zealand, re uprisonment of a prisoner returned the Cook Islands from New Zea ind who commits a breach of con ttions under which he was released, leferred” sentences, and pardon and mission of sentences.
The last provision will enable a stem of probation to be used for isoners released from imprisonment the Cook Islands before they have rved their sentences in full.
Other amendments include one tering the time of day in Niue. New ne has been made one hour ahead New Zealand time, instead of 40 inutes (the present legal time), at e request of the Island Assembly.
?UNG RAROTONGANS: These two althy-looking Cook Islands youngsters, ?o live at Avarua, Rarotonga, are called ?ine and Little Butch. We don't know ?ything more about them because that's the photographer told us when he sent the picture. It was taken by C. Russell, of Rarotonga.