Amendements To Bill Suspend
p. 37 · Read in the full issue
Government In Cooks
THE Cook Islands Legislative Assembly’s decision in May to amend some clauses of the Cook Islands Constitution Bill, means that effective government in the Cook Islands has been temporarily suspended.
The two main amendments which the Cook Islands Assembly wishes to make to the Constitution Bill concern the Council of State and the residential qualifications for election candidates.
Instead of a Council of State, the Assembly wants executive authority of the Cooks vested solely in a High Commissioner—plus a House of Arikis which would meet once a year. The Assembly wants the residential qualifications for election candidates reduced to three months (see p. 31).
The Constitutional Bill was passed by the NZ Parliament last October, but it was provided that it could not come into effect until the Cook Islands Assembly accepted it. It was also provided that if the Assembly wished to make any amendments to the bill, these would have to be approved by the NZ Parliament before the bill, as a whole, could be adopted by the Assembly and brought into effect.
At present, therefore, the Assembly has no constitution under which to work, and it will remain adjourned until the NZ Parliament acts on its amendments.
After that it will meet again to adopt the amended constitution, and will promptly adjourn again to enable Albert Henry, who is currently banned from standing for election by the three-year residential clause, to contest a by-election.
If, as is expected, Mr. Henry wins the by-election, the Assembly will then meet again for general business. This will include the formal election of a Premier—almost certainly Mr. Henry—and a Cabinet.
The Cabinet, in all probability, will be the same as the present Executive (see p. 31), minus Mrs. Marguerite Story, who will stand down to allow the by-election to take place.
The Constitution Bill, as it stands at present, provides that: • The 22-member Assembly may not repeal or amend the consti tution without the support of two-thirds of its members at the second and third reading stages, and a lapse of 90 days between those stages. • The Cabinet will consist of a Premier and four other Ministers. • New Zealand will appoint a Council of State comprising a High Commissioner and two arikis (high chiefs), one from Rarotonga and one from the outer islands. The arikis will sit with the High Commissioner to represent the Queen. • There will be an Executive Council consisting of the High Com missioner and the Cabinet. • The High Commissioner or the Premier may summon the council to consider any Cabinet decision. If the council confirms the decision, and the High Commissioner concurs, it will take effect as a Cabinet de cision. If he does not concur, it must be referred back to the Cabinet for reconsideration. • The High Commissioner’s power of veto over legislation is limited and can be exercised only on the advice of the Premier. He can refer to the Executive Council amendments which he himself proposes, but he cannot refuse his assent to legislation if the council decides so. • There will be a High Court, with appeals to the New Zealand Supreme Court, and a land court, with appeals to a special land appelate court. The High Commissioner will make judicial appointments—on the advice of the Premier in certain cases and a three-man judicial service commission in others. • Candidates for election to the Assembly must live in the Cook Islands for three years before nominating.